5 Colo. Code Regs. § 1001-15-D-IX

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

Section 5 CCR 1001-15-D-IX - Amendments to Parts A, B, C and D

Adopted August 18, 2016

Basis and Purpose

The purpose of this rulemaking is to:

(1) revise Regulation Number 12 to make the current Diesel Fleet Self-Certification Opacity Program more convenient to operators of vehicles over 26,000 pounds gross vehicle weight (GVW);

(2) allow law enforcement officers to enforce smoking vehicle statutes and regulations more consistently, and

(3) make changes to data and secure document handling that will expedite on-line registration and renewal for diesel owners.

Pursuant to HB15-1134, this rulemaking revises the number of model year exemptions for heavy-duty diesel vehicles over 26,000 GVW from four to six years. The purpose of this increase in the model year exemption period is to lower the regulatory burden placed on Self-Certification Program Fleets and other operators of new technology heavy duty trucks, without lessening the overall air quality benefit of the program.

The rulemaking also establishes an on-road opacity standard with no time limit as the Commission requested at its January 21, 2016 meeting. This allows law enforcement officers to determine violations of opacity standards more consistently, without the need to determine opacity over a period of time. This is intended to allow law enforcement officers to better address vehicles emitting high amounts of smoke in short bursts. This will result in better enforcement of diesel vehicle tampering statutes.

Finally, the rulemaking automates data management and secures document handling that will permit SelfCertification Program fleets to renew their vehicle registrations on-line. On-line registration renewal will substantially increase fleet operator convenience. The proposed rule changes also adopt various housekeeping and wording changes that reflect advances in diesel technology, as well as clarifying existing inspection procedures.

Changes contained in this rule making will result in at least the same level of air quality improvement as the existing periodic opacity testing, at a reduced program cost to fleet operators along with increased convenience to fleet operators. Greater smoking vehicle enforcement will also result in motorists being exposed to fewer heavily smoking diesel vehicles on the roadway.

Federal Requirements

There are currently no federal requirements for the Diesel Opacity Programs. The Diesel opacity programs are state-only programs.

Regulation No 12 regulates both the Fleet Self-Certification Opacity Testing Program (Regulation No 12, Part A), and the non-fleet Diesel Opacity Inspection Program (Regulation No. 12, Part B). Both programs are aimed at improving air quality though reducing diesel opacity (smoke) from identified high opacity producing diesel vehicles.

Specific Statutory Authority

Specific statutory authority for the revisions to Regulation No. 12, are contained in sections 42-4- 406(1)(b)(II)(C) and 42-4-414(2)(c), C.R.S., (as amended by HB15-1134 regarding model year exemptions); section 42-4-412(2)(a), C.R.S. (regarding on-road opacity standards); and section 42-4- 403(1), C.R.S. (regarding changes to automate inspection data management and secure document handling).

Scientific/Technical Rationale

This rule is based on reasonably available, validated, reviewed, and sound scientific methodologies.

Findings pursuant to § 25-7-110.8, C.R.S.

a. These revisions are based on sound science. A technical review of the Self-Certification Program was undertaken that utilized sound scientific principles.

b. Evidence in the record demonstrates the rule change will result in demonstrable emission reductions. Extending the model year exemption to six years will result in a minimum loss of identified excessively smoking heavy-duty vehicles, estimated to be five vehicles. Air quality benefit is expected to be achieved through the identification and citation of diesel vehicles exhibiting high amounts of smoke in short bursts. This is expected to more than offset any air quality loss through extending model year exemptions to six years.

c. Modifications to Regulation Number 12 will result in benefits to public health and to the environment. The proposed changes to Regulation Number 12 will result, as stated above, in a reduction in smoke and particulate emissions from smoking vehicles at a cost savings to government and regulated communities as determined through the economic cost analysis conducted.

d. This action is cost effective and provides flexibility. A cost savings is realized for Industry while increasing flexibility for fleets in complying with program requirements for the diesel opacity programs.

e. The rule change maximizes benefits to air quality in a cost-effective manner. The rule change increases air quality benefits of the diesel opacity programs, while reducing program costs.

5 CCR 1001-15-D-IX

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

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