5 Colo. Code Regs. § 1001-15-D-VII
Adopted October 20, 2011
Basis and Purpose
The purpose of this rulemaking is to revise Regulation Number 12 to conform to provisions of House Bill 11-1157. House Bill 11-1157 permits heavy-duty vehicles that are registered in the Fleet Self-Certification Opacity Inspection Program area, but are physically based and principally operated outside of the program area to forgo the periodic opacity testing requirements contained in Air Quality Control Commission Regulation Number 12 Part A.
It is projected by Air Pollution Control Division staff that the mandated changes to Regulation Number 12 will affect less than 100 vehicles and result in no additional cost to the program, or air quality benefits. As such, there is no cost/benefit to be derived from the mandated changes.
Federal Requirements
There are currently no federal requirements. 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 Number 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 Number 12, are contained in Sections 42-4-401 through 42-4-414, C.R.S., and specifically 42-4-414, C.R.S., for the Fleet Self-Certification Opacity Inspection Program.
Scientific/Technical Rationale
This rule is based on reasonably available validated, reviewed, and sound scientific methodologies.
Findings pursuant to Section 25-7-110.8
The rule revisions are exempt from the determinations required by Section 25-7-110.8 C.R.S. because the changes were adopted to implement statutory provisions rather than reduce air pollution. The regulatory revisions relax existing inspections for diesel vehicles and the Commission has no discretion but to adopt them under state law.
Further, these revisions will include any typographical, grammatical and formatting errors throughout the regulation.
5 CCR 1001-15-D-VII