TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 2 AIR
QUALITY (STATEWIDE)
PART 88 EMISSION
STANDARDS FOR NEW MOTOR VEHICLES
20.2.88.1 ISSUING
AGENCY. Environmental Improvement Board.
[20.2.88.1 NMAC - N,
12/31/07]
20.2.88.2 SCOPE. All
persons who deliver for sale, offer for sale, sell, import, deliver, purchase,
rent, lease, or register new passenger cars, light-duty trucks, medium-duty
passenger vehicles, and medium-duty motor vehicles within the jurisdiction of
the environmental improvement board.
[20.2.88.2 NMAC - N,
12/31/07]
20.2.88.3 STATUTORY
AUTHORITY. Environmental Improvement Act, NMSA 1978,
Section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1
et seq.
[20.2.88.3 NMAC - N,
12/31/07]
20.2.88.4 DURATION. Permanent.
[20.2.88.4 NMAC - N, 12/31/07]
20.2.88.5 EFFECTIVE
DATE. 12/31/07 except where a later date is cited
at the end of a section.
[The latest
effective date of any section in this part is 01/31/11.]
[20.2.88.5 NMAC - N,
12/31/07]
20.2.88.6 OBJECTIVE. The
objective of this part is to establish emission standards for new motor
vehicles subject to this part.
[20.2.88.6 NMAC - N,
12/31/07]
20.2.88.7 DEFINITIONS. In
addition to the terms defined in 20.2.88.7 NMAC (Definitions), and the
definitions in California code of regulations ("CCR"), Title 13,
sections incorporated by reference, the following definitions apply to this
part, except that "California" shall mean "New Mexico"
unless otherwise specified or clearly inappropriate. If a term is defined in this subsection and
CCR, Title 13, Section 1900, the definition in this subsection shall apply.
A. "Air contaminant emission control
system" means the equipment designed for installation on a motor
vehicle or motor vehicle engine for the purpose of reducing the air contaminants
emitted from the motor vehicle or motor vehicle engine or a system or engine
modification on a motor vehicle which causes a reduction of air contaminants
emitted from the motor vehicle engine, including but not limited to exhaust
control systems, fuel evaporative control systems and crankcase ventilating
systems.
B. "Business" means an
occupation, profession or trade; a person or partnership or corporation engaged
in commerce, manufacturing, or a service; or a profit-seeking enterprise or
concern.
C. "CARB" means California air
resources board.
D. "CCR" means California code
of regulations, Title 13.
E. "California-certified" means
a vehicle having a valid executive order stating that the vehicle meets all
applicable requirements under the applicable sections of CCR and approved for
sale in California by CARB.
F. "California standards" means
those emission standards for motor vehicles and new motor vehicle engines that
the state of California has adopted and for which it has received a waiver from
the United States environmental protection agency pursuant to the authority of
42 U.S.C. Section 7543 and which other states are permitted to adopt pursuant
to 42 U.S.C. Section 7507.
G. "Certification" means a
finding by CARB that a motor vehicle, motor vehicle engine, or air contaminant
emission control system satisfies the criteria adopted by CARB for the control
of specified air contaminants from motor vehicles.
H. "Clean Air Act" or "CAA"
means the federal Clean Air Act, 42 U.S.C. Sections 7401 et seq.
I. "Dealer" means any person
actively engaged in the business of offering to sell, solicit or advertise the
sale, purchase, transfer, lease, sale or exchange of a new motor vehicle and
who has an established place of business.
J. "Department" means the New
Mexico environment department.
K. "Emergency vehicle" means any
publicly owned vehicle operated by a peace officer in the performance of his
duties, any authorized emergency vehicle used for fighting fires or responding
to emergency fire calls, any publicly owned authorized emergency vehicle used
by an emergency medical technician or paramedic, or any ambulance used by a
private entity under contract with a public agency.
L. "Emission standards" means
specified limitations on the discharge of air contaminants into the atmosphere.
M. "Executive order" means a
document issued by CARB certifying that a specified test group or model year
vehicle has met all applicable requirements adopted by CARB pursuant to the
applicable sections of CCR for the control of specified air contaminants from
motor vehicles.
N. "Fleet average greenhouse gas emission
requirement" means the limitations on greenhouse gas exhaust mass
emission values from passenger cars, light-duty trucks and medium-duty
passenger vehicles as set forth in CCR, section 1961.1.
O. "Fleet-wide average non-methane
organic gas exhaust emission requirement" means a motor vehicle
manufacturer’s average vehicle emissions of all non-methane organic gases from
all vehicles subject to this regulation sold in New Mexico in any model year
based on the calculation in CCR, Section 1960.1(g)(2).
P. "Gross vehicle weight rating"
means the value specified by the manufacturer as the maximum loaded weight of a
single vehicle.
Q. "Light-duty truck" means any
model year 2000 and subsequent motor vehicle certified to the standards in CCR,
section 1961(a)(1) rated at 8,500 pounds gross vehicle weight or less, and any
other motor vehicle rated at 6,000 pounds or less, which is designed primarily
for the purposes of transportation of property, is a derivative of such
vehicles, or is available with special features enabling off-street or off-highway
operation and use.
R. "Low-emission vehicle" or "LEV"
means a motor vehicle which has been certified by CARB.
S. "Medium duty passenger vehicle"
or "MDPV" means any medium-duty vehicle with a gross vehicle weight
rating of less than 10,000 pounds that is designed primarily for the
transportation of persons. The
medium-duty passenger vehicle definition does not include any vehicle which:
(1) is an "incomplete
truck"; i.e., is a truck that does not have primary load carrying device
or container attached; or
(2)
has a seating capacity of more than 12 persons; or
(3) is designed for more than 9 persons in
seating rearward of the drivers seat; or
(4) is equipped with an
open cargo area of 72.0 inches in interior length or more; a covered box not
readily accessible from the passenger compartment shall be considered an open
cargo area for the purpose of this definition.
T. "Medium-duty vehicle" means
any pre-1995 model year heavy-duty vehicle having a manufacturer’s gross
vehicle weight rating of 8,500 pounds or less, any 1992 through 2006 model year
heavy-duty low-emission, ultra-low emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in CCR, section 1960.1(h)(2)
having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less;
and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission,
super-ultra-low-emission or zero-emission vehicle certified to the standards in
CCR, Sections 1961(a)(1) or 1962 having a manufacturer’s gross weight rating between
8,501 and 14,000 pounds.
U. "Model year" means the
manufacturer’s annual production period which includes January 1, or if the
manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in
two or more stages, the time of manufacture shall be the date of completion of
the chassis.
V. "Motor vehicle" or "vehicle"
means every device in, upon, or by which a person or property is or may be
transported otherwise than by muscular power, except motorized bicycles and
devices that run only on rails or tracks.
W. "Motor vehicle engine" means
an engine that is used to propel a motor vehicle.
X. "New vehicle" means any
vehicle with 7,500 miles or fewer on its odometer.
Y. "Non-methane organic gas" or "NMOG"
means the sum of non-oxygenated and oxygenated hydrocarbons contained in a gas
sample as measured in accordance with the "California non-methane organic
gas test procedures", which is incorporated herein by reference.
Z. "Passenger car" means any
motor vehicle designed primarily for transportation of persons and having a
design capacity equal to or less than 12 individuals.
AA. "Person" means an individual,
public or private corporation, company, partnership, firm, association, society
or joint stock company, municipality, state, interstate body, the United
States, or any board, commission, employee, agent, officer or political
subdivision, or a state, an interstate body or the United States.
BB. "Placed in service" means
having been sold to an ultimate purchaser and not to a dealer or other entity
in the distribution chain, and having been individually registered for on-road
use by the New Mexico motor vehicle division.
CC. "Sale" or "sell"
means the transfer of equitable or legal title to a motor vehicle or motor
vehicle engine to the ultimate purchaser.
DD. "State" means:
(1) for purposes of
referring to a governing entity, the state of New Mexico; or
(2) for purposes of
referring to a geographic area, all geographic areas within the jurisdiction of
the environmental improvement board.
EE. "Test group" means a grouping
of vehicles as defined by 40 CFR 86.1827-01.
FF. "Ultimate purchaser" means,
with respect to any new motor vehicle or new motor vehicle engine, the first
person whom in good faith purchases a new motor vehicle or new motor vehicle
engine for a purpose other than resale.
GG. "Vehicle identification number"
or "VIN" means a unique, 17 digit, alphanumeric code that the vehicle
manufacturer assigns to a vehicle.
HH. "ZEV credit bank" means a
system designated by the department that records and tracks the generation,
verification, transfer, voluntary retirement, use, and invalidation of vehicle
credits.
[20.2.88.7 NMAC - N, 12/31/07]
20.2.88.8 DOCUMENTS. Documents
incorporated and cited in this part may be viewed at the New Mexico environment
department air quality bureau offices in Santa Fe.
[20.2.88.8 NMAC - N,
12/31/07]
[The current address
for the New Mexico environment department air quality bureau is 1301 Siler
Road, Building B, Santa Fe, NM 87507]
20.2.88.9 SEVERABILITY. If
any provision of this part, or the application of such provision to any person
or circumstance, is held invalid, the remainder of this part, or the
application of such provision to persons or circumstances other than those as
to which it is held invalid, shall not be affected thereby.
[20.2.88.9 NMAC - N,
12/31/07]
20.2.88.10 CONSTRUCTION. This
part shall be liberally construed to carry out its purpose.
[20.2.88.10 NMAC -
N, 12/31/07]
20.2.88.11 SAVINGS
CLAUSE. Repeal or supersession of prior versions of
this part shall not affect any administrative or judicial action initiated
under those prior versions.
[20.2.88.11 NMAC -
N, 12/31/07]
20.2.88.12 COMPLIANCE
WITH OTHER REGULATIONS. Compliance with this part does not relieve a
person from the responsibility to comply with any other applicable federal,
state, or local regulations.
[20.2.88.12 NMAC -
N, 12/31/07]
20.2.88.13 LIMITATION
OF DEFENSE. The existence of a valid permit under this
part shall not constitute a defense to a violation of any section of this part,
except the requirement for obtaining a permit.
[20.2.88.13 NMAC -
N, 12/31/07]
20.2.88.14 WAIVER
OF PART REQUIREMENTS. All
requirements of this part are waived from January 31, 2011 through January 1,
2016.
[20.2.88.14 NMAC -
N, 01/31/11]
20.2.88.15 to 20.2.88.99 [RESERVED]
20.2.88.100 APPLICABILITY.
Except as provided in 20.2.88.103 NMAC (Exemptions), no motor vehicle
manufacturer, dealer, or other person shall deliver for sale, offer for sale,
sell, import, deliver, purchase, rent, lease, acquire, receive, or register a
new model year 2011 or subsequent model year passenger car, light-duty truck,
medium-duty passenger vehicle, or medium-duty vehicle unless the vehicle has
been certified by CARB and received a CARB executive order.
[20.2.88.100 NMAC -
N, 12/31/07]
20.2.88.101 REQUIREMENTS
TO MEET CALIFORNIA STANDARDS.
A. Starting
with model year 2011 and each model year thereafter, no motor vehicle
manufacturer, dealer, or other person shall deliver for sale, offer for sale,
sell, import, deliver, purchase, rent, lease, acquire, receive or register a
new passenger car, light-duty truck, or medium-duty passenger vehicle, or
medium-duty vehicle unless such vehicle is certified to the California
standards.
B. Each
motor vehicle manufacturer shall comply with the fleet average emission
requirements and the warranty, recall, reporting, and other applicable
requirements contained in this part.
C. Each
motor vehicle dealer and rental car agency shall comply with the department’s
inspection and information requests issued pursuant to 20.2.88.112 (Inspections
and Information Requests).
[20.2.88.101 NMAC -
N, 12/31/07]
20.2.88.102 INCORPORATION
BY REFERENCE.
A. For
the purpose of applying the incorporated sections of CCR "California"
means "New Mexico" and "CARB" means New Mexico environment
department, unless otherwise specified or clearly inappropriate.
B. Each
manufacturer of a new model year 2011 and subsequent model year passenger car,
light-duty truck, medium-duty passenger vehicle, or medium -duty vehicle must
comply with each applicable standard in the CCR as incorporated by reference
herein. The department shall maintain
copies of these sections for public inspection.
(1) Section 1900: Definitions. California
effective date 1/1/2006.
(2) Section 1956.8(g) and
(h): Exhaust Emission Standards and Test Procedures - 1985 and Subsequent Model
Heavy Duty Engines and Vehicles. California effective date 11/15/06.
(3) Section 1960.1:
Exhaust Emission Standards and Test Procedures - 1981 and through 2006 Model
Passenger Cars, Light-Duty and Medium-Duty Vehicles. California effective date
3/26/04.
(4) Section 1961: Exhaust Emission Standards and
Test Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks
and Medium-Duty Vehicles. California effective date 2/17/2007.
(5) Section 1961.1:
Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. California
effective date 01/01/06.
(6) Section 1962:
Zero-Emission Vehicle Standards for 2005 and Subsequent Model Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles. California effective date 3/26/04.
(7) Section 1962.1: Electric Vehicle Charging
Requirements. California effective date 7/24/02.
(8) Section 1965: Emission Control and Smog
Index Labels - 1979 and Subsequent Model Year Vehicles. California effective
date 12/04/03.
(9) Section 1968.2: Malfunction and Diagnostic
System Requirements - 2004 and Subsequent Model Year Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles. California effective date 04/21/03.
(10) Section 1968.5: Enforcement of Malfunction
and Diagnostic System Requirements for 2004 and Subsequent Model Year Passenger
Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. California effective date 04/21/03.
(11) Section 1976:
Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. California effective date 2/17/07.
(12) Section 1978: Standards and Test
Procedures for Vehicle Refueling Emissions. California effective date 2/17/07.
(13) Section 2035: Purpose, Applicability and
Definitions. California effective date 12/26/90.
(14) Section 2037: Defects Warranty
Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such
Vehicles. California effective date 11/27/99.
(15) Section 2038: Performance Warranty
Requirements for 1990 and Subsequent Model Year Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles and Motor Vehicle Engines Used in Such. California
effective date 11/27/99.
(16) Section 2039: Emission Control System
Warranty Statement. California effective date 12/26/90.
(17) Section 2040: Vehicle Owner Obligations.
California effective date 12/26/90.
(18) Section 2041: Mediation;
Finding of Warrantable Condition.
California effective date 12/26/90.
(19) Section 2046:
Defective Catalyst. California effective date 2/15/79.
(20) Section 2109: New Vehicle Recall
Provisions. California effective date 12/30/83.
(21) Section 2111:
Applicability. California effective date 12/13/06.
(22) Section 2112:
Definitions. California effective date 11/15/03.
(23) Section 2113:
Initiation and Approval of Voluntary and Influenced Recalls. California
effective date 1/26/95.
(24)
Section 2114: Voluntary and Influenced
Recall Plans. California effective date 11/27/99.
(25) Section 2115:
Eligibility for Repair. California effective date 1/26/95.
(26) Section 2116: Repair Label. California
effective date 1/26/95.
(27) Section 2117: Proof
of Correction Certificate. California effective date 1/26/95.
(28) Section 2118:
Notification. California effective date 1/26/95.
(29) Section 2119: Record keeping and Reporting
Requirements. California effective date 11/27/99.
(30) Section 2120: Other Requirements Not Waived.
California effective date 1/26/95.
(31) Section 2121:
Penalties
(32) Section 2122:
General Provisions. California effective date 1/26/95.
(33) Section 2123:
Initiation and Notification of Ordered Emission-Related Recalls. California effective
date 1/26/95.
(34) Section 2124: Availability of Public
Hearing. California effective date 1/26/95.
(35) Section
2125: Ordered Recall Plan. California effective date 1/26/95.
(36)
Section 2126: Approval and Implementation of
Recall Plan. California effective date 1/26/95.
(37) Section 2127:
Notification of Owners. California effective date 1/26/95.
(38) Section 2128: Repair Label. California
effective date 1/26/95.
(39) Section 2129: Proof
of Correction Certificate. California effective date 1/26/95.
(40) Section 2130: Capture Rates and
Alternative Measures. California effective date 11/27/99.
(41) Section 2131:
Preliminary Tests. California effective date 1/26/95.
(42) Section 2132: Communication with Repair
Personnel. California effective date 1/26/95.
(43) Section 2133: Record
keeping and Reporting Requirements. California effective date 1/26/95.
(44) Section 2135:
Extension of Time. California effective date 1/26/95.
(45) Section 2137:
Vehicle and Engine Selection. California
effective date 12/28/2000.
(46) Section 2138: Restorative Maintenance.
California effective date 11/27/99.
(47) Section 2139:
Testing. California effective date 8/21/2002.
(48) Section 2140:
Notification and Use of Test Results. California effective date 8/21/2002.
(49) Section 2141: General Provisions. California
effective date 12/28/00.
(50) Section 2142:
Alternative Procedures. California effective date 2/23/90.
(51) Section 2143: Failure Levels Triggering
Recall. California effective date 11/27/99.
(52)
Section 2144: Emission Warranty Information Report. California effective
date 11/27/99.
(53) Section 2145: Field
Information Report. California effective date 11/27/99.
(54) Section 2146: Emissions
Information Report. California effective date 11/27/99.
(55) Section 2147:
Demonstration of Compliance with Emission Standards. California effective date 8/21/02.
(56) Section 2148:
Evaluation of Need for Recall. California effective date 11/27/99.
(57) Section 2149:
Notification of Subsequent Action. California effective date 2/23/90.
(58) Section 2151: New
Motor Vehicle Dealer Surveillance.
California effective date 12/13/83.
(59) Section 2235: Requirements. California
effective date 9/17/91.
[20.2.88.102 NMAC -
N, 12/31/07]
20.2.88.103 EXEMPTIONS. The
following vehicles are not subject to this part.
A. Military
tactical vehicles.
B. Vehicles
sold for registration and use in a state that is not subject to the California
vehicle emission standards.
C. Previously
registered vehicles with more than 7,500 miles, provided that for vehicle
dealers, the mileage at the time of sale is determined by the odometer
statement when the dealer acquired the vehicle.
D. Vehicles
available only for rent to a final destination in a state that is not subject
to the California vehicle emission standards.
E. Vehicles
transferred by inheritance or as a result of divorce, dissolution, or legal
separation.
F. Emergency
vehicles when a public safety agency has demonstrated to the department’s
satisfaction that a vehicle that shall meet the agency’s needs is not otherwise
reasonably available.
G. A
vehicle acquired by a New Mexico resident to replace a vehicle registered to
such resident that was stolen, damaged or failed beyond reasonable repair while
out of state, provided that such replacement vehicle is acquired out of state
when the previously-owned vehicle was stolen, damaged, or failed beyond
reasonable repair.
H. A
vehicle with a right-hand drive configuration that is not available in a
California-certified model, purchased by a rural route postal carrier and used
primarily for work.
I. Vehicles
purchased by a nonresident before establishing residency in New Mexico,
regardless of the mileage on the vehicle.
[20.2.88.103 NMAC -
N, 12/31/07]
20.2.88.104 FLEET
AVERAGE NON-METHANE ORGANIC GAS EXHAUST EMISSION REQUIREMENTS AND REPORTING.
A. Fleet
average requirement. Effective model year 2011 and each model year thereafter,
each motor vehicle manufacturer’s NMOG fleet average emissions from passenger
cars, light-duty trucks and medium-duty vehicles delivered for sale in New
Mexico shall not exceed the Fleet Average NMOG Exhaust Emission Requirement set
forth in CCR, Section 1961. Compliance shall be based on the number of
vehicles, subject to this part, delivered for sale in New Mexico.
B. Fleet
average NMOG exhaust emission credits and debits. Effective model year 2011 and
each model year thereafter, each motor vehicle manufacturer may accrue NMOG
emission credits and debits and use credits in accordance with the procedures
in CCR, Section 1961. Debits and credits accrued and used shall be based on the
number of vehicles subject to this part that are produced and delivered for
sale in New Mexico.
C. Reporting.
Effective model year 2011 and for each model year thereafter, each motor
vehicle manufacturer shall submit a report to the department no later than
March 1, that follows the procedures in CCR, section 1961 and in the same
format used to report such information to CARB.
[20.2.88.104 NMAC -
N, 12/31/07]
20.2.88.105 ZEV
SALES.
A. Effective
model year 2011 and each model year thereafter, manufacturers subject to this
part shall produce and deliver for sale in New Mexico vehicles that comply with
the ZEV sales requirement set forth in CCR, Section 1962.
B. An
intermediate volume or large volume manufacturer of ZEVs, ATPZEVs or PZEVs may
use previously earned credits in accordance with CCR, Section 1962 to offset
the ZEV sales requirement in Subsection A of this section.
[20.2.88.105 NMAC -
N, 12/31/07]
20.2.88.106 ZEV
CREDIT BANK AND REPORTING.
A. Manufacturers
shall establish a ZEV credit bank with New Mexico on or before January 1, 2011,
and establish reporting procedures to report additions and deletions to that
bank in accordance with CARB manufacturers advisory correspondence (MAC) #06-03
zero emission vehicle (ZEV) credit reporting and tracking system and
Subsections B, C, D, and E of this section.
B. The department shall set aside a number of New Mexico ZEV credits
proportionally equivalent to the number of ZEV credits possessed by the
requesting manufacturer for use in the state of California at the beginning of
the 2011 model year. This transfer shall
be performed only after all credit obligations for model years 2010 and earlier
have been satisfied in California. Each
manufacturer's California credit balances shall be multiplied by the ratio of
the average number of PCs and LDT1s produced and delivered for sale in New
Mexico to the combined average number of PCs and LDT1s produced and delivered
for sale in California in model years 2003 through 2005, or, alternatively, by
the ratio of PCs and LDT1s produced and delivered for sale in New Mexico to the
combined number of PCs and LDT1s produced and delivered for sale in California
in model year 2011. In either case, the
time period used to determine the credit transfer ratio shall be used to
determine model year 2011 ZEV sales requirements in New Mexico. The department shall establish ZEV compliance
accounts for each manufacturer and allocate the credits calculated under this
subsection to such compliance accounts, including separate accounts for PZEV,
AT-PZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type II ZEVs, Type III ZEVs,
transportation system, and extended service.
The department shall notify each manufacturer of the number of ZEV
credits available for use by July 31, 2011.
Credits issued pursuant to this subsection may only be used in New
Mexico for compliance with the ZEV provisions subject to the same requirements
and limitations on credit use set forth in CCR, section 1962, adjusted for New
Mexico specific vehicle numbers. Each
manufacturer operating in accordance with this subsection shall do the
following.
(1) By May
1, 2011, provide the department with the total number of PC and LDT1 vehicles
produced and delivered for sale in New Mexico and California for 2003 through
2005 model years.
(2) Alternatively, by May
1, 2011, provide the department with the total number of PC and LDT1 vehicles
to be produced and delivered for sale in New Mexico and California in model
year 2011. By March 1, 2012, provide
the department with actual model year 2011 PC and LDT1 vehicles produced and
delivered for sale in New Mexico and California. By May 31, 2012, the department shall adjust
and notify each manufacturer of the number of ZEV credits established based on
actual model year 2011.
(3) By May 1, 2011,
provide the department with the total number of banked California credits after
all model year 2010 and earlier obligations have been met.
C. In
addition to the credits transferred in accordance with subsection B of this
section, manufacturers may also generate and deposit credits for vehicles
delivered for sale in New Mexico during the 2009 through 2010 model years, a
manufacturer shall open an account with the ZEV credit bank and submit an
appropriate notice of credit generation to the department by the time such
vehicles are delivered.
D. A
manufacturer with an account in the ZEV credit bank may acquire credits from
another manufacturer with an account in the ZEV credit bank, provided that if
the credits are to be used for future compliance with the ZEV sales requirement
in 20.2.88.105 NMAC (ZEV Sales), the transaction shall be recorded in the ZEV
credit bank and certified by both parties to the transaction.
E. A
vehicle equivalent credit shall not constitute or convey a property right.
[20.2.88.106 NMAC -
N, 12/31/07]
20.2.88.107 FLEET
AVERAGE GREENHOUSE GAS EXHAUST EMISSIONS AND REPORTING.
A. Effective
model year 2011 and each model year thereafter, each manufacturer subject to
this part shall comply with emissions standards, fleet average greenhouse gas
exhaust mass emission requirements for passenger car, light-duty truck,
medium-duty passenger vehicle weight classes, and other requirements of CCR,
Section 1961.1, for vehicles produced and delivered for sale in New Mexico.
B. Requirements
for large volume manufacturers. The fleet average greenhouse gas exhaust
emission standards for passenger cars, light-duty trucks, and medium-duty
passenger vehicles produced and delivered for sale in New Mexico by a large
volume manufacturer for model year 2011 and each model year thereafter are set
forth in CCR, Section 1961.1.
C. Requirements
for small, intermediate, and independent manufacturers. The fleet average
greenhouse gas exhaust emission requirements for passenger cars, light-duty
trucks, and medium-duty passenger vehicles delivered for sale in New Mexico by
small volume, intermediate volume and independent low volume manufacturers for
model year 2016 and each model year thereafter are set forth in CCR, Section
1961.1.
D. Greenhouse
gas emission credits and debits. Greenhouse gas credits and debits may be
accrued and used based on each manufacturer’s sale of vehicles in New Mexico as
set forth in CCR, Section 1961.1.
E. Optional
alternative compliance with greenhouse gas emission standards. Greenhouse gas
vehicle test groups that are certified pursuant to CCR, Section
1961.1(a)(1)(B)2.a in the state of California may obtain equivalent credit if
delivered for sale and use in New Mexico.
F. Alternative
compliance credit. To receive the credit authorized by subsection E, a
manufacturer shall submit to the department the data set forth in CCR, Section
1961.1(a)(1)(B)2.a.i for New Mexico-specific sale and use.
G. Reporting
on greenhouse gas requirements. Effective model year 2011 and for each model
year thereafter, each manufacturer shall submit by March 31 a report to the
department that includes end-of-model year data that calculates the fleet
average greenhouse gas emissions for the model year just ended; the report
shall include the number of greenhouse gas vehicle test groups, delineated by
model type, certified pursuant to CCR, Section 1961.1; the report shall follow
the procedures in CCR, Section 1961.1 and be in the same format used to report
such information to CARB.
[20.2.88.107 NMAC -
N, 12/31/07]
20.2.88.108 ADDITIONAL
REPORTING.
A. To
determine compliance with this part, the department may require a motor vehicle
manufacturer to submit any documentation that the department deems necessary to
the effective administration and enforcement of this part, including all
certification materials submitted to CARB.
B. In
addition to the reporting requirements in 20.2.88.106 NMAC (ZEV Credit Bank and
Reporting) and NMAC 20.2.88.111 (Registration and Fees), beginning with the
2011 model year and each model year thereafter, each manufacturer of a vehicle
subject to 20.2.88.100 NMAC (Applicability) shall submit annually to the
department, no later than March 31 following the close of the model year, a
report documenting the total deliveries for sale in New Mexico of vehicles in
each test group during that model year.
[20.2.88.108 NMAC -
N, 12/31/07]
20.2.88.109 WARRANTIES.
A. For
model year 2011 and each model year thereafter, each manufacturer of a vehicle
subject to 20.2.88.100 NMAC (Applicability) shall warrant to the ultimate
purchaser and each subsequent purchaser that the vehicle shall comply over its
period of warranty coverage with all requirements of CCR, Sections 2035 through
2038, 2040, and 2041.
B. For
model year 2011 and each model year thereafter, a manufacturer of a vehicle
subject to this part shall include an emission control system warranty
statement that complies with the requirements in CCR, Section 2039, except that
a manufacturer may modify the statement for the sole purposes of informing the
owner of the warranty’s applicability and including a telephone number for
owners to obtain answers to questions regarding the warranty.
C. Upon
the department’s request, a manufacturer of a vehicle subject to this part
shall submit a failure of emission-related component report, or copy of the
report submitted to CARB, to the department as defined in CCR, Section 2144.
[20.2.88.109 NMAC -
N, 12/31/07]
20.2.88.110 RECALLS.
A. Any
order issued or enforcement action taken by CARB to correct noncompliance with
any section of CCR, Title 13, that results in the recall of a vehicle pursuant
to CCR, sections 2109 through 2135, shall be prima facie evidence concerning
noncompliance for a vehicle registered in New Mexico. If the manufacturer
demonstrates to the department's satisfaction that the order or action is not
applicable to a vehicle registered in New Mexico, the department shall not
pursue a recall of that vehicle.
B. A
voluntary or influenced emission-related recall campaign initiated by a
manufacturer pursuant to CCR, Sections 2113 through 2121 shall include all
affected vehicles registered in New Mexico.
C. For
any vehicle subject to an order or action under Subsection A of this section,
each manufacturer shall send to each owner of a vehicle registered in New
Mexico a notice that complies with the requirements in CCR, Sections 2118 or
2127, including a telephone number for owners to obtain answers to questions
regarding the recall.
[20.2.88.110 NMAC -
N, 12/31/07]
20.2.88.111 REGISTRATION
AND FEES.
A. After
January 1, 2010, no large-volume or intermediate-volume vehicle manufacturer
shall deliver for sale, offer for sale, sell, import, deliver, rent, or lease a
motor vehicle subject or potentially subject to this part without first
obtaining a registration from the department.
B. The
registration shall have a term no more than 10 years and shall be subject to an
annual fee.
C. The
department shall assess an annual registration fee of $10,000 to each large and
intermediate-volume manufacturer for the period beginning July 1 and ending June
30 of the subsequent year.
D. Each
large and intermediate-volume manufacturer shall remit the specified amount
payable to the New Mexico environment department by April 1, annually.
[20.2.88.111 NMAC -
N, 12/31/07]
20.2.88.112 INSPECTIONS
AND INFORMATION REQUESTS.
A. For
the purpose of determining compliance with this part, the department may
inspect any new and used motor vehicle, and may inspect and copy relevant,
non-financial records, including records documenting vehicle origin,
certification, delivery, or sales, and any record of emission-related part
repairs performed under warranty.
B. For
the purpose of determining compliance with this part, the department may
require a vehicle dealer or rental car agency to submit relevant, non-financial
documentation related to a motor vehicle subject or potentially subject to this
part, except that this subsection shall not be construed to require the
creation of a new record.
C. A
vehicle dealer or rental car agency may assert a claim for a record or
documentation requested pursuant to this section in accordance with 20.2.1.115
NMAC (Confidential Information Protection).
[20.2.88.112 NMAC -
N, 12/31/07]
HISTORY OF 20.2.88 NMAC:
[RESERVED]