New Mexico Administrative Code

The objective of this part is to implement the provisions of NMSA 1978, Section 74-2-12 of the Air Quality Control Act establishing a field citation program for minor violations of the act, air quality regulations and permits issued under the act and regulations.

As used in this part, the following definitions apply. Terms defined in the act or regulations and not defined in this part are used consistent with the meanings provided in the act or regulations. A. "Act" means the Air Quality Control Act, NMSA 1978, Sections 74-2-1 to 74-2-17.…

This part shall be liberally construed to carry out its purpose.

Repeal or supersession of prior versions of this part shall not affect any administrative or judicial action initiated under those prior versions.

Environmental Improvement Board.

20.2.91 NMAC shall be liberally construed to carry out its purpose.

A. Except as otherwise required, 20.2.91 NMAC shall apply to new motor vehicles, including passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles, where "new" means model years 2027 through 2032 with 7,500 miles or fewer on the odometer, and f…

A. Sections of the CCR and the CHSC incorporated by reference herein include the regulations as they existed on the effective date in 20.2.91.5 NMAC (Effective Date); incorporated sections of the CCR and the CHSC do not incorporate a later adoption or amendment of the regulation.…

The following motor vehicles shall not be subject to 20.2.91 NMAC. A. Military tactical vehicles, which shall mean the same in this section as in CCR, Title 13, Section 1905. B. Motor vehicles sold for registration in a state that is not New Mexico. C. Motor vehicles that have gr…

A. Beginning model year 2027 and subsequent years, this 20.2.91.104 NMAC (Fleet Average Non-methane Organic Gas Plus Oxides of Nitrogen Exhaust Emission Standards, Reporting and Compliance) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver, pur…

Beginning model year 2027 and subsequent years, each manufacturer subject to 20.2.91.105 NMAC (Particulate Matter Exhaust Emission Standards, Reporting and Compliance) shall comply with particulate exhaust emission standards for passenger cars, light-duty trucks, medium-duty pass…

A. Beginning model year 2027 and subsequent years, this 20.2.91.106 NMAC (Fleet Average Greenhouse Gas Exhaust Emission Standards, Reporting and Compliance) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire, rece…

A. If the department determines that a report submitted by a manufacturer pursuant to 20.2.91.104 NMAC (Fleet Average Non-methane Organic Gas Plus Oxides of Nitrogen Exhaust Emission Standards, Reporting and Compliance) or 20.2.91.106 NMAC (Fleet Average Greenhouse Gas Exhaust Em…

A. Effective model years 2027 through 2032, this 20.2.91.108 NMAC (Light- and Medium-Duty Zero-emission Vehicle Requirements, Reporting and Compliance) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver or lease passenger cars, light-duty trucks…

A. Beginning July 1, 2022, for model years 2023 through 2025, this 20.2.91.109 NMAC (Voluntary Early Action Credits and Onetime Values) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver or lease passenger cars, light-duty trucks, and medium-dut…

Repeal or supersession of prior versions of 20.2.91 NMAC shall not affect any administrative or judicial action initiated under those prior versions.

A. Beginning model year 2027 and subsequent years, each manufacturer subject to 20.2.91 NMAC shall submit to the department, within 30 calendar days of a request from the department: (1) A copy of the applicable CARB executive order. (2) Any documentation the department determine…

A. Beginning model year 2027 and subsequent years, each manufacturer of a motor vehicle subject to 20.2.91 NMAC shall warrant to the ultimate purchaser and each subsequent purchaser that the motor vehicle shall comply over its period of warranty coverage with all applicable requi…

Beginning model year 2027 and subsequent years, a manufacturer, dealer, rental car agency, the United States, state or local government, or other persons shall deliver for sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire, receive, or register passenger …

A. Beginning model year 2027 and subsequent years, each manufacturer of a motor vehicle subject to 20.2.91 NMAC shall be subject to all recall campaign requirements of CCR, Title 13, including Sections 1962.4, 2035 through 2038, 2040, and 2046. B. Any order issued, or enforcement…

A. Effective January 1, 2026, for each manufacturer delivering for sale, offering for sale, selling, importing, delivering, or leasing passenger cars, light-duty trucks, medium-duty passenger vehicles, medium-duty vehicles, heavy-duty vehicles, heavy-duty engines or motor vehicle…

A. The department may inspect motor vehicles, and may inspect and copy relevant, non-financial records, including records documenting motor vehicle origin, certification, delivery, or sales, and any record of emission-related part repairs performed under warranty. B. The departme…

All manufacturers, dealers, rental car agencies, the United States, state and local governments, or other persons shall retain records pertaining to compliance under 20.2.91 NMAC.

Failure to comply with the emission standards, recordkeeping, reporting, or other requirements of 20.2.91 NMAC within the timeframes specified shall constitute a violation of 20.2.91 NMAC subject to enforcement action under Section 74-2-12 NMSA 1978.

A. Beginning model year 2027 and subsequent years, this 20.2.91.118 NMAC (Exhaust Emission Standards for Heavy-Duty Engines) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire, receive heavy-duty vehicles, heavy-d…

A. Beginning model year 2027 and subsequent years, this 20.2.91.119 NMAC (Medium- and Heavy-Duty Zero-emission Vehicle Requirement, Reporting and Compliance) applies to manufacturers that deliver for sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire, rec…

Compliance with 20.2.91 NMAC does not relieve a person from the responsibility to comply with any other applicable federal, state, or local regulations.

A. Beginning model year 2027 and subsequent years, this 20.2.91.120 NMAC (Large Entity Reporting Requirement) applies to entities in accordance with CCR, Title 13, Sections 2012, 2012.1, and 2012.2. B. Each entity subject to this 20.2.91.120 NMAC (Large Entity Reporting Requireme…

The existence of a valid registration or certification under 20.2.91 NMAC shall not constitute a defense to a violation of 20.2.91 NMAC, except the requirement for obtaining a registration or certification.

All manufacturers, dealers, rental car agencies, the United States, state and local governments, or other persons who deliver for sale, offer for sale, sell, import, deliver, purchase, rent, lease, acquire, receive, or register model year 2027 and subsequent model year passenger …

The Environmental Improvement Act, Paragraph (4) of Subsection A of Section 74-1-8 NMSA 1978, and the Air Quality Control Act, Sections 74-2-1 through 74-2-17 NMSA 1978.

Permanent.

December 31, 2023, except where a later date is cited at the end of a section.

To adopt and implement the California vehicle emission standards and requirements statewide pursuant to Section 177 of the federal Clean Air Act.

The definitions in the Air Quality Control Act, Section 74-2-2 NMSA 1978 shall apply in 20.2.91 NMAC. If a term is defined in Section 74-2-2 NMSA 1978 and 20.2.91 NMAC, the definition in 20.2.91 NMAC shall apply. The definitions in 20.2.2.7 NMAC shall not apply in 20.2.91 NMAC. W…

Documents incorporated and cited in 20.2.91 NMAC may be viewed on the department's website and at the New Mexico environment department climate change bureau.

If any provision of 20.2.91 NMAC, or the application of such provision to any person or circumstance, is held invalid, the remainder of 20.2.91 NMAC, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be aff…

New Mexico Environmental Improvement Board.

A. Action applicability. (1) Conformity determinations are required for:(a) the adoption, acceptance, approval or support of transportation plans and transportation plan amendments developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO (or NMDOT in the absence of an M…

A.20.2.99.102 through 20.2.99.110 NMAC provide procedures for the interagency (federal, state, and local) consultation process, resolution of conflicts, and public consultation. Public consultation procedures will be developed in accordance with the requirements for public involv…

Specific roles of the agencies participating in the interagency consultation process are listed below. Specific responsibilities of the agencies participating in the interagency consultation process are listed in 20.2.99.104 NMAC. For the purposes of this part, the lead agency fo…

A. The department shall be responsible for developing or providing: (1) emissions inventories; (2) motor vehicle emissions budgets; (3) air quality modeling; (4) attainment demonstrations; (5) control strategy implementation plan revisions; (6) regulatory TCMs; and (7) updated mo…

The following are the responsibilities of lead and participating agencies at each stage of the consultation process. A. It shall be the affirmative responsibility of the lead agency to initiate the consultation process by: (1) notifying other participants of the plan, program or …

An interagency consultation process among the members of the lead and participating agencies shall be undertaken for the following specific major activities in accordance with all the procedures specified in 20.2.99.105 NMAC above. The lead agency for each activity shall be as sp…

An interagency consultation process among the lead and participating agencies shall be undertaken for the following routine activities in accordance with all the procedures specified in 20.2.99.105 NMAC. The lead agency for each activity shall be as specified, and the participati…

Notification of affected agencies (including those listed in Paragraph (1) of Subsection C of 20.2.99.102 NMAC) of transportation plan or TIP amendments which merely add or delete exempt projects shall be the affirmative responsibility of NMDOT or the MPO. Such notification shall…

A. Any conflict among state agencies or between state agencies and an MPO shall be escalated to the governor if the conflict cannot be resolved by the heads of the involved agencies. Prior to such escalation, such agencies shall make every effort to resolve any differences, inclu…