New Mexico Administrative Code

Permanent.

December 1, 1995, unless a later date is cited at the end of a section. The effective date of a specific section is located at the end of that section within the historical brackets. As required by the New Mexico Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978…

To provide definitions which are generally applicable to Albuquerque - Bernalillo county air quality control board regulations.

The definitions of 20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1.7 NMAC…

[Reserved]

Any amendment to 20.11.1 NMAC which is filed with the state records center shall not affect actions pending for violation of a city or county ordinance, or 20.11.1 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute,…

Albuquerque-Bernalillo County Air Quality Control Board, c/o Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.

If any section, paragraph, sentence, clause or word of 20.11.100 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of 20.11.100 NMAC…

Documents incorporated and cited in 20.11.100 NMAC may be viewed at the vehicle pollution management program headquarters, 1500 Broadway NE, Albuquerque, NM 87102.

A. The vehicle pollution management division or its successor agency is part of the city of Albuquerque environmental health department. B. The division manager shall establish and maintain a VPMD headquarters, which will include an emissions inspection facility equipped with cer…

VPMD shall be responsible for administering a program that ensures that federal motor vehicle emissions standards are met. In order to be successful in meeting federal goals and criteria for a motor vehicle emissions testing program, VPMD is authorized to take any actions commonl…

A. Inspection and registration: Every motor vehicle, as defined in 20.11.100.7 NMAC, shall be inspected biennially unless it is determined to emit quantities of CO or HC between 75% and 100% of its maximum allowable standard listed in Table I of Subsection A of 20.11.100.17 NMAC,…

A. [Reserved] B. Vehicle tests: (1) To determine if a motor vehicle is in compliance with 20.11.100 NMAC, all inspections shall be performed in strict accordance with 20.11.100 NMAC. Each vehicle shall be inspected at an air care station by an air care inspector. All items shall …

A. Each certified air care station or certified air care inspector shall inspect each vehicle in its as-presented condition, regardless of whether the air care inspector knows or believes that the vehicle will not pass. B. Each certified air care station or certified air care ins…

Failure to pass any one of the applicable criteria specified below in Subsections A, B, C, D and E of 20.11.100.17 NMAC, entitled exhaust emissions, anti-tampering, visible emissions, gas cap, and on-board diagnostics respectively, shall constitute noncompliance with 20.11.100 NM…

A. Vehicle inspection reports (VIRs) shall only be purchased at program headquarters. Unused VIRs shall not be exchanged, sold or given by any person to any other person. All unused VIRs shall be turned in to the headquarters for credit or a refund, as the program manager determi…

Every motor vehicle that fails an inspection required by 20.11.100 NMAC shall be repaired as necessary to pass re-inspection. If replacement of parts is required, the parts shall only be new aftermarket parts approved by the program manager or new original equipment, manufacturer…

A. Applicability (vehicles to be inspected): (1) Motor vehicles. All motor vehicles, as defined in 20.11.100.7 NMAC, shall be inspected for compliance with the requirements of 20.11.100 NMAC unless otherwise exempted. A vehicle shall not be registered or re-registered until the v…

A. Time extension for repairs. Vehicles that are unable to pass re-inspection may be eligible to obtain a time extension if the following conditions are met: (1) the owner shall provide evidence satisfactory to the program manager or his designee, that at least $300.00 has been s…

A. No person shall solicit, advertise or imply that a facility is an air care station certified by the program manager to conduct inspections pursuant to 20.11.100 NMAC without having a current program-issued certificate on display on the premises. Any air care inspection station…

The program manager may deny certification to a facility that does not: A. comply with all applicable federal, state and local laws and regulations; B. provide for an entrance and a dedicated inspection area inside the facility that is large enough to accept all vehicles with a G…

A. A certified air care station shall obtain and pay for routine and unscheduled maintenance and replacement parts for the approved exhaust gas analyzer. B. A certified air care station shall accept and perform emissions inspections on all vehicles presented for inspection and sh…

A. No individual or business shall represent itself as a certified fleet air care station without being in possession of a duly authorized and currently valid certificate issued by the program manager. B. Any person may apply for authorization for an air care station authorized b…

A. No person shall represent himself as a certified air care inspector without being in possession of a duly authorized and currently valid certificate issued by the program manager. B. Certificates issued under Subsection B of 20.11.100.26 NMAC shall be valid for 12 months unles…

A. The program manager will reissue certification to any air care inspector who demonstrates updated competency as evidenced under the then-current requirements administered by the program. Re-certification shall be required upon expiration of a current annual certificate or soon…

A. The VPMD program manager may suspend an existing certification or deny recertification for the following reasons: (1) the VPMD program manager has determined, as a result of a review of the VID or VPMD inspection files, that an air care inspector has committed violations resul…

A. Any person seeking certification, or annual recertification thereof, in order to participate in the program as an air care station or air care inspector shall pay to the city the required fee as established below, before a certification shall be issued or renewed by the progra…

20.11.100 NMAC is adopted pursuant to the, authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 and 4; the Joint Air Quality Control Board Ordi…

VPMD's quality assurance audits and data analysis are designed to: discover, correct and prevent fraud, waste and abuse; determine whether emissions testing procedures are being correctly performed; assess whether emissions analyzers are measuring accurately; and find any existin…

A. If a VPMD program manager or a compliance auditor finds a condition or practice that violates any requirement of 20.11.100 NMAC, VPMD may take any enforcement action or combination of actions it finds necessary, including, but not limited to: a written warning, a notice of vio…

The program manager, supervisor or VPMD auditor shall review each notice of violation for consistency with 20.11.100 NMAC and determine the character and category of the violation for the purpose of assessing penalty points, monetary penalties or taking other enforcement action. …

A. Penalty points may be assessed against the air care inspector, air care station or both. Penalty points are tracked for each air care station and each air care inspector throughout a rolling 12 month period. B. Violations committed during an inspection shall be assessed agains…

A. If the program manager determines that an air care station or air care inspector has a history of violations, the level of enforcement or penalty assessment may be increased for any future violations. The program manager shall not be limited to considering the immediately-prec…

A. The program manager is authorized, after reasonable investigation and showing of a violation of any provision of 20.11.100 NMAC, to take enforcement actions including monetary penalties and denial, suspension or revocation of certification to operate under the program as a cer…

A. Mandatory inspections: Any person who owns a motor vehicle subject to 20.11.100 NMAC and fails to demonstrate compliance with 20.11.100 NMAC shall be issued a failing VIR and shall be refused re-registration by the MVD pursuant to the Motor Vehicle Code, 66-3-7.1 NMSA (1978). …

Permanent, unless the violation described in 20.11.101 NMAC occurs.

December 1, 1995, unless a later date is cited at the end of a section. If no EPA-confirmed violation (two exceedances) of the federal ambient carbon monoxide standards has occurred within Bernalillo county, the vehicle inspection frequency shall be biennial.

To provide for the control and regulation of carbon monoxide (CO), hydrocarbon (HC), ozone precursors and particulate emissions above certain levels from motor vehicles, and for anti-tampering inspections.

In addition to the definitions in 20.11.100.7 NMAC the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.100 NMAC shall govern. A. "Air care inspection station" means a private business authorized by a certific…

[Reserved]

Any amendment of 20.11.100 NMAC that is filed with the state records center shall not affect actions pending for violation of a city or county ordinance, or 20.11.100 NMAC. Prosecution for a prior violation shall be governed and prosecuted under the statute, ordinance, regulation…

Albuquerque/Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.

If any section, paragraph, clause, or word of this Part is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of the remaining provisions of 20.11.101 NMAC or the Procedures Manual.

Documents incorporated and cited in this Part may be viewed at the Vehicle Pollution Management Program Headquarters, 1500 Broadway NE, Albuquerque, NM 87102.

A. VPMP Procedures Manual: (1) The Program Manager shall develop an official document, titled VPMP Procedures Manual, outlining in sufficient detail the procedures necessary for a certified AIR CARE inspection facility, a certified fleet AIR CARE station, a certified AIR CARE ins…

A. Every motor vehicle, as defined in 20.11.101.7 NMAC, shall be inspected biennially when the owner is so notified or otherwise informed by MVD. The MVD will distribute notices or other appropriate information to owners of vehicles applying for re-registration in accordance with…