5 Colo. Code Regs. § 1001-15-A-I

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-15-A-I - General Provisions

I.A. Statement of Purpose

The purpose of Part A of this regulation is to reduce air pollution resulting from emissions from diesel-powered motor vehicles in the Program Area through opacity inspections or exemplary maintenance, by all diesel fleets registered or routinely operated in the program area, or principally operated from a terminal, maintenance facility, branch, or division located within the program area as defined in 42-4-401(8) C.R.S. with nine (9) or more vehicles greater than fourteen thousand pounds gross vehicle weight rating per vehicle. Regulation Number 12 is a State-Only program and is not part of any state implementation plan with the US EPA.

I.B. Definitions

The following terms shall have the following meanings when used in this regulation:

I.B.1. "Commission" means The Colorado Air Quality Control Commission

I.B.2. "Compliance Plan" means a written plan of action completed by applicable diesel vehicle fleets conforming with the requirements of this regulation.

I.B.3. "Certification of Emissions Control" (CEC), means the official certificate issued by a private (non-government) fleet opacity inspector to a fleet vehicle which has been inspected and tested according to the procedures in Part A, IV., and is in compliance with the opacity standards.

I.B.4. "Diesel Fleet Self-Certification Program" (DFSCP) means the Opacity Inspection Program for Diesel Powered Fleet Vehicles Established by Section 42-4-414 C.R.S., as amended, and the Air Quality Control Commission, as AQCC Regulation Number 12, Part A.

I.B.5. "Diesel Powered Motor Vehicle" or "Diesel Vehicle" as applicable to opacity inspections, includes only a motor vehicle with four wheels or more on the ground, powered by an internal combustion, compression ignition, diesel fueled engine, and also includes such a motor vehicle having a personal property classification of A, B, or C, pursuant to Section 42-3-106, C.R.S., as specified on its vehicle registration, and for which registration in this state is required for operation on the public roads and highways. "Diesel Vehicle" does not include the following: vehicles registered pursuant to Section 42-12-301, or 42-3-306(4), C.R.S. off- road use only powered vehicles or heavy construction equipment.

I.B.6. "Division" means the Air Pollution Control Division of the Colorado Department of Public Health and Environment.

I.B.7. "Excessive Violation" means non-compliance with the provisions of Part A, II.A.2.b., c., d., or i. of this regulation., or falsely making a certification that a vehicle is "physically based and principally operated outside the program area" pursuant to 42-4-414 (2.5) or the provisions of I.E. of this Part A.

I.B.8. "Exemplary Maintenance" means an alternative method for fleet operators to demonstrate compliance with opacity standards on vehicles ten years old or newer by electronically submitting proof of periodic maintenance performed on vehicles, subject to the qualifying criteria and requirements for fleets and vehicles contained in this Part A I.F. and I.G. Exemplary maintenance is an optional alternative to opacity testing which may be chosen at the fleet's own discretion.

I.B.9. "Fleet" means a diesel vehicle fleet consisting of nine (9) or more diesel vehicles greater than fourteen thousand pounds gross vehicle weight rating per vehicle, registered or routinely operated in the program area, or principally operated from a terminal, maintenance facility, branch, or division located within the program area.

I.B.10. "GVWR" (gross vehicle weight rating) means the weight specified by the vehicle manufacturer as the maximum allowable loaded weight (vehicle empty weight plus the driver, passengers and payload) of a single vehicle.

I.B.11. "Highest opacity reading" is that greatest stable opacity value for other than the snap/free acceleration procedures.

I.B.12. "Opacity Compliance Coordinator" means designated person from each vehicle fleet to be the contact person between the fleet and the Division for carrying out this regulation.

I.B.13. "Opacity Determination Certification" means a valid certification to be maintained by an opacity compliance coordinator and/or other fleet personnel charged with determining opacity levels. Opacity training and certification are to be conducted by the Division.

I.B.14. "Opacity" means the degree to which an air pollutant obscures the view of an observer expressed in percentage of obscuration, or the degree, expressed in percent, to which transmittance of light is reduced by the air pollutant.

I.B.15. "Opacity Inspection Form" (OIF) means the official form or electronic media issued by the Division to diesel self-certification fleets for recording opacity test results.

I.B.16. "Opacity meter" means an optical instrument which is designed to measure the opacity of diesel exhaust. Opacity meters must meet the requirements of Part B, II.C. of this Regulation. Opacity meters to be utilized for the SAE J1667 test procedures (Part A, I.V.C.5) must meet SAE J1667 specifications.

I.B.17. "Physically Based" means the business location, including either the origination or destination of a vehicle, where a vehicle is maintained or legally parked when not in use on the road.

I.B.18. "Principally Operated" means used to transport goods or passengers, or to operate mounted equipment within the program area for ninety or more cumulative days in a 12 month period.

I.B.19. "Rated RPM" means a specific Revolutions Per Minute (rpm) which the manufacturer states that the engine's maximum/rated brake horsepower is attained. Rated horsepower and rpm information is usually found on a label affixed to the engine itself or other under-the-hood location.

I.B.20. "Routinely Operated" means operated for 90 days or more in any 12 month period.

I.B.21. "SAE J1667 specifications" and "SAE J1667 test procedures" mean the specifications and test procedures set out in J1667 Recommended Practice, Snap Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Motor Vehicles, © 2018 Society of Automotive Engineers Inc. (SAE), which document is hereby incorporated into this regulation by reference. The incorporation of the J1667 Recommended Practice into this rule by reference does not include later amendments to or editions of the material. The J1667 Recommended Practice may be examined at any state publications depository library. To find out how to obtain a copy of the J1667 Recommended Practices contact Manager, Mobile Source Section, Air Pollution Control Division, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or visit the Society of Automotive Engineers, Inc. website at www.sae.org.

I.B.22. "Terminal, Division, or Maintenance Facility" means improved real property owned, leased or otherwise lawfully held by a controlling commercial interest by the fleet and meeting applicable local zoning requirements for commercial trucking, motor coach, or truck/coach maintenance operations.

I.B.23. "Trained Observer" means an employee or designee of the fleet who has successfully completed Opacity Inspector Training and holds a current Opacity Determination Certification issued by the Division.

I.B.24. "WOT" means wide open throttle.

I.C. Applicability

I.C.1. Geographic Area of Applicability

This regulation shall apply to the diesel inspection program area as defined in Section 42-4-401(8) C.R.S.

I.C.2. Vehicles eligible for diesel fleet self-certification program.

Heavy-duty diesel vehicles greater than fourteen thousand pounds gross vehicle weight rating, identified as a fleet (nine (9) or more vehicles) and registered or routinely operated in the program area, or principally operated from a terminal, maintenance facility, branch, or division located within the program area are required to participate in the diesel fleet self-certification program.

I.D. Opacity Compliance Test Cycle- New Vehicle Exemption

I.D.1. Opacity compliance tests conducted on heavy-duty diesel vehicles equal to or less than ten model years old are valid for twenty-four months.

I.D.2. Opacity compliance tests conducted on heavy-duty diesel vehicles that are more than ten model years old are valid for twelve months.

I.D.3. Exemplary maintenance reports submitted as an alternative to opacity testing are valid for twelve months.

I.D.4. Any new heavy-duty diesel vehicle shall be exempt from testing until such vehicle has reached its fourth model year, or until the date of the transfer of ownership prior to the expiration of such exemption, if such transfer is within twelve months before such exemption ends.

I.D.5 Any new heavy-duty diesel vehicle of model year 2014 or newer having a gross vehicle weight rating of twenty six thousand pounds or more is exempt from testing until such vehicle has reached its sixth model year, or until the date of the transfer of ownership prior to the expiration of such exemption, if such transfer is within twelve months before such exemption ends.

I.E. Opacity Testing Exemption for Vehicles Certified as Physically Based and Principally Operated Outside the Program Area

Heavy-duty diesel vehicles of greater than fourteen thousand pounds gross vehicle weight rating, owned by a fleet subject to the provisions of Part A, I.C.1. and 2.and registered or required to be registered in the program area that are certified by the fleet owner to be physically based and principally operated from a terminal, division, or maintenance facility outside the program area, are exempt from the opacity testing requirements of this Part A. This exemption is valid for a period of 12 months from the date the certification approved by the executive director of the department of revenue and may be renewed annually.

A vehicle exempted from opacity testing requirements that later becomes physically based and principally operated within the program area must be opacity tested within 90 days of the date its exemption expires, or within ninety days of a change to the location at which the vehicle is physically based, whichever is earlier.

I.F. Exemplary Maintenance- Fleet Enrollment Qualifying Criteria

A fleet may submit an exemplary maintenance report as an alternative to an opacity inspection for individual vehicles. In order to qualify for the exemplary maintenance alternative, a fleet must meet the following requirements:

I.F.1. Maintain their vehicles to manufacturer's specified maintenance procedures and intervals at a minimum.

I.F.2. Utilize a computer based, commercially available electronic maintenance management program to schedule, track and report on maintenance performed on vehicles owned/controlled by the fleet.

I.F.3. Provide an electronic exemplary maintenance report for each exemplary maintenance eligible vehicle in a format prescribed by the Air Pollution Control Division (Division) on a reporting schedule as prescribed in this Part A, I.D.3.

I.F.4. Maintain maintenance compliance timeliness rating with their own maintenance plan as submitted.

I.F.5. Have maintained a standing in good status with the Diesel Fleet Self Certification Program for the past three calendar years.

I.F.6. Submit a Division approved exemplary maintenance Compliance Plan each year, as part of the annual Compliance Plan submittal pursuant to this Part A, II.A.2.

I.G. Exemplary Maintenance-Vehicle Qualifying Criteria

For individual vehicles that will utilize the exemplary maintenance alternative to opacity testing, the following qualifying criteria apply:

I.G.1. The vehicle must be owned/controlled by a fleet that qualifies to perform, and is enrolled in Exemplary Maintenance, pursuant to Part A, I.F

I.G.2. The vehicle must be no more than ten model years old

I.G.3. The vehicle is to be maintained to manufacturer's specified maintenance procedures and intervals, at a minimum

I.G.4. The exemplary maintenance status must be reported to the Division in an Electronic Maintenance Report in a format approved by the Division, annually pursuant to Part A, II.A.2.i.

5 CCR 1001-15-A-I

39 CR 18, September 25, 2016, effective 10/15/2016

41 CR 21, November 10, 2018, effective 11/30/2018