5 Colo. Code Regs. § 1001-15-A-II

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

Section 5 CCR 1001-15-A-II - Requirements to File Compliance Plan

II.A. Compliance Plan Requirements and Contents

II.A.1. Every fleet shall prepare, adopt, and submit to the Division within the time period hereinafter provided a complete Compliance Plan form signed by an authorized agent and containing a commitment to implement and maintain a program which meets the requirements of this regulation.

Each participating fleet shall provide the Division with an updated/revised Compliance Plan and fleet vehicle inventory in electronic format on an annual basis. Such plan and fleet vehicle inventory shall be submitted to the Division by December 31 of each year, to be effective for the following calendar year. Should fleet size, location, ownership, or compliance coordinator change, the Division shall be notified within thirty (30) days of a change.

II.A.2. Each Compliance Plan shall set forth with reasonable detail a plan which shall include provisions for at least the following:

II.A.2.a. Dissemination of written information to all employees who maintain and/or operate diesel vehicles subject to these regulations, regarding Colorado opacity laws, penalties for non-compliance, and health and environmental impacts of diesel emissions, as provided by the Division.

II.A.2.b. Establishment of test procedures to be used for determining and certifying compliance with State opacity standards as given in Part A, VII. of this regulation.

II.A.2.c. Establishment of maintenance practices and schedules to be followed for maintaining low-smoke levels. Maintenance schedules at a minimum will follow manufacturer's recommended procedures and intervals.

II.A.2.d. Performance of biennial opacity compliance tests for vehicles ten years old and newer, and annual opacity compliance tests for vehicles greater than ten years old, as described in Part A, IV. of this regulation prior to the vehicle's annual registration on each vehicle subject to these regulations, repair of any vehicle found to be exceeding the State opacity standard (found in Part A, VII. of this regulation) and bring it into compliance with State opacity standards before being returned to service, maintaining records of such testing, including the opacity inspection form and any other forms provided by the Division and submit the white copies of the opacity inspection form to the Division annually by December 31, of each year. Subsequent year forms and documents may not be dispensed to fleets which fail to submit the prior year opacity inspection forms to the Division as required.

II.A.2.e. Establishment of an Opacity Compliance Coordinator from each fleet to oversee the carrying out of this regulation.

II.A.2.f. Determination of vehicle smoke opacity by a Trained Observer employed or designated by the fleet having possession of a valid opacity determination certification issued by the Division. Such persons shall determine vehicle smoke opacity levels by either the visual method or by use of a continuous-reading, light extinction opacity meter with peak hold feature or interfaced chart recorder. Such test shall use an opacity meter for vehicles that are greater than ten model years old.

II.A.2.g. Participating fleets shall electronically submit a fleet vehicle information inventory in a format prescribed by the Division, including but not necessarily limited to make, VIN, unit ID, and license plate type, number and state.

II.A.2.h. Notwithstanding the provisions of Part A, II.A.2.d., new heavy-duty diesel vehicles having a GVWR of less than twenty six thousand pounds shall be issued a certification of emissions compliance without inspection or testing. Such certification shall expire on the anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year or on the date of the transfer of ownership if such date is within twelve months before such certificate would expire, pursuant to Part A, I.D.4., or unless such transfer of ownership is a transfer from the lessor to the lessee. Prior to the expiration of such certification, such vehicle shall be inspected pursuant to Section IV of this Part A, IV. New heavy-duty diesel vehicles having a GVWR of twenty six thousand pounds or more shall be issued a certification of emissions compliance without inspection or testing. Such certification shall expire on the anniversary of the day of the issuance of such certification when such vehicle has reached its sixth model year or on the date of the transfer of ownership if such date is within twelve months before such certificate would expire, pursuant to Part A, I.D.5., or unless such transfer of ownership is a transfer from the lesser to the lessee. Prior to the expiration of such certification, such vehicle shall be inspected pursuant to Section IV of this Part A.

II.A.2.i. A fleet qualifying to utilize the exemplary maintenance alternative must electronically submit an Exemplary Maintenance Plan, as part of the Compliance Plan, for those eligible vehicles that will not be opacity tested. The Exemplary Maintenance Plan must contain vehicle maintenance profiles and a commitment by the fleet to adhere to those maintenance profiles. Maintenance profiles are to be based on the fleet's determination of maintenance needs for their own vehicles, but must be no less stringent than those prescribed by the engine manufacturer for that engine in that application. The Exemplary Maintenance Plan must contain other vehicle specific information as prescribed by the Division.

II.B. Additional requirement

Each Opacity Compliance Coordinator shall provide to all new employees or newly reassigned employees who work in the maintenance or operation of diesel vehicles, the most current information regarding this regulation and the Fleet's Compliance Plan within thirty (30) days of the employees' commencing work. Each Opacity Compliance Coordinator shall provide updated information to all employees regarding this regulation within thirty (30) days of any substantial change to this regulation and/or the Fleet's Compliance Plan.

5 CCR 1001-15-A-II

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

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