5 Colo. Code Regs. § 1001-15-B-I

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

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

I.A. Statement of Purpose

The purpose of Part B of this regulation is to reduce air pollution resulting from emissions from diesel powered motor vehicles, as defined in Part B of this regulation, registered or required to be registered, routinely operated in the program area, or principally operated from a terminal, maintenance facility, branch, or division located within the Program area, and not subject to Part A of this regulation.

I.B. Definitions

I.B.1. "AIR Account" is a special fund set aside in the Highway Users Tax Fund for the operation of the "AIR Program" and the "Diesel Opacity Inspection Program".

I.B.2. "Air Environmental Systems Technician" mean those persons employed by the Department of Revenue for licensing and enforcement of the AIR Program and the Diesel Opacity Inspection Program.

I.B.3. "AIR Program" is the Automobile Inspection and Readjustment (AIR) Program established pursuant to Sections 42-4-301 to 42-4-316.5 C.R.S. as amended.

I.B.4. "AQCC" means Air Quality Control Commission.

I.B.5. "Basic Engine Systems" are those parts or assemblies which provide for the efficient conversion of diesel fuel into useful power to include, but not limited to valve train mechanisms, cylinder heads, block, piston-ring-cylinder sealing integrity and post-combustion emissions control devices.

I.B.6. "Certificate of Qualification" means official certificate issued by the Division to candidates who have successfully completed the Division-provided qualification/requalification training and passed the qualification test. This Certification is required in order to become licensed as a diesel opacity inspector in the Diesel Opacity Inspection Program.

I.B.7. "Certification of Diesel Smoke Opacity Compliance" is the document which indicates that the smoke emissions from the vehicle comply with applicable smoke opacity limits and the emissions control systems are installed, intact and apparently operational at the time of inspection or after needed adjustments or repairs and re-inspection.

I.B.8. "Certification of Diesel Smoke Opacity Waiver" is the document issued by the Department of Revenue, which indicates that the smoke emissions from the vehicle do not comply with the applicable smoke opacity limits after inspection, adjustment and smoke-related repairs.

I.B.9. "Certification" or "Certification of Emissions Control" means either a "Certification of Diesel Smoke Opacity Compliance" or "Certification of Diesel Smoke Opacity Waiver" issued to the owner of a diesel vehicle which is subject to the diesel emissions inspection program in order to indicate the status of inspection requirement compliance of such a vehicle.

I.B.10. "Certification of Emissions Exemption" means the official document issued by the Department of Revenue, in lieu of the Certification of Emissions Control.

I.B.11. "Certified Neutral Density Filter" means an optical quality filter which reduces the amount of transmitted light, an amount which is dependent upon the filter's optical density rating, uniformly across the visible light spectrum, for the purpose of verifying the accuracy of the opacity meters.

I.B.12. "Certified Thermometer" means a laboratory grade ambient temperature measuring device with a range of at least 20°F through 120°F and an attested accuracy of at least plus or minus 1°F with increments of 1°, with protective shielding, and approved by the Department.

I.B.13. "Chassis Dynamometer" means a vehicle power absorption device which has the ability to approximate or simulate actual on-road operation of motor vehicles through the application of variable loading.

I.B.14. "Commission" means Colorado Air Quality Control Commission.

I.B.15. "Department" means Department of Revenue.

I.B.16. "Diesel Opacity Inspection" means an inspection of a diesel powered vehicle performed by a licensed inspector, employed by a licensed station, pursuant to 42-4-406 C.R.S. , using the procedures and provisions set forth in Part B of Regulation Number 12 and Department rules.

I.B.17. "Diesel Opacity Inspection Program" means the opacity inspection program for diesel powered vehicles established by 42-4-401 to 42-4-412 C.R.S., as amended and Regulation Number 12, Part B.

I.B.18. "Diesel Opacity Inspection Program Station" is a station that qualifies and is licensed to operate as an emissions inspection station for light or heavy-duty diesel vehicles, or both in accordance with requirements set forth in 42-4-407 C.R.S., as amended, AQCC Regulation Number 12, Part B, and Department of Revenue Rules at 1 CCR 204-1 required under 42-4-405 C.R.S.

I.B.19. "Diesel Opacity Inspector" means an individual licensed to perform opacity inspections on vehicles required under 42-4-406 C.R.S. who is employed at a licensed diesel opacity inspection station and is trained and qualified in accordance with AQCC Regulation Number 12, Part B and the Department of Revenue.

I.B.20. "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 any 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 42-12-301, or 42-3-306(4) C.R.S., or off-the-road diesel powered vehicles or heavy construction equipment.

I.B.21. "Diesel Vehicle Inspection Report (DVIR)" means an official form and media issued by the Colorado Department of Revenue to licensed diesel opacity inspection stations, which contains Certification of Emissions Control record information.

I.B.22. "Division" is the Air Pollution Control Division of the Colorado Department of Public Health and Environment.

I.B.23. "Emissions Control Systems" are those parts, assemblies or systems originally installed by the manufacturer in or on a vehicle for the specific purpose of reducing emissions.

I.B.24. "Engine Rated RPM" means a specific Revolutions Per Minute (rpm) at which the manufacturer states that the engine's maximum/rated brake horsepower is attained. Above this rpm, the engine's governor will typically begin limiting full load fuel quantity and thus prevent the engine from developing full power beyond this rpm. Rated engine power and speed information is usually found on a label affixed to the engine itself or other under-the-hood location.

I.B.25. "Exhaust Aftertreatment" means any post combustion emissions control system that reduces emissions by chemical, catalytic, or mechanical action, and may include diesel oxidation catalysts, diesel particulate filters, lean NOx traps, selective catalytic reduction, or other technologies. Exhaust aftertreatment also includes the piping, wiring, sensors, diesel emissions fluid, control systems, and software as installed by the vehicle/engine manufacturer.

I.B.26. "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.27. "Heavy-duty Diesel Vehicle" as applicable to the Diesel Opacity Inspection Program refers to diesel vehicles of greater than fourteen thousand pounds GVWR.

I.B.28. "Heavy-duty Diesel Opacity Inspection Station" means a facility licensed to insect heavy-duty diesel vehicles only.

I.B.29. "Heavy-duty Dynamometer" means a chassis dynamometer meeting the requirements for accurately and safely testing heavy-duty vehicles.

I.B.30. "Highest Opacity Reading" is that greatest stable opacity value for other than the snap/free acceleration procedure.

I.B.31. "ISO" means International Standards Organization.

I.B.32. "Light-duty Diesel Opacity Inspection Station" means a facility licensed to inspect light-duty diesel vehicles only (fourteen thousand pounds GVWR and less).

I.B.33. "Light-duty Diesel Vehicle" as applicable to the Diesel Opacity Inspection Program refers to diesel vehicles of fourteen thousand pounds and less GVWR.

I.B.34. "Light-duty Dynamometer" means a chassis dynamometer meeting the requirements for testing light-duty vehicles. These dynamometers may have a limited heavy-duty capability.

I.B.35. "Maximum No-Load RPM or HIGH Idle RPM" means the maximum rpm that the engine's governor will allow the engine to attain under no-load, wide open throttle (WOT) conditions.

I.B.36. "MPH" means miles per hour.

I.B.37. "On-Road Test Procedures" means the heavy-duty diesel test procedures described in Part B III.D. of this regulation.

I.B.38. "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.39. "Opacity Meter" means an optical instrument which is designed to measure the opacity of diesel exhaust.

I.B.40. "Opacity Meter Calibration Form" means the official electronic record for recording weekly opacity meter calibration procedures, to be maintained on the inspection station's computer.

I.B.41. "Opacity Testing" means the testing of motor vehicles using procedures prescribed in this regulation in order to determine the magnitude (expressed as a percentage) of obscured light (opacity) due to exhaust constituents, mainly fine particles.

I.B.42. "Opacity Worksheet" means worksheet provided by the Division for recording measured opacity levels during dynamometer testing for determining opacity compliance, to be maintained in a file at the station for auditing purposes.

I.B.43. "Photo tachometer" means a non-contact rotational speed measuring instrument which processes data received from a reflected light beam and remotely displays the results as revolutions per minute (rpm).

I.B.44. "RPM" means revolutions per minute as pertaining to engine crankshaft speed.

I.B.45. "Routinely Operated" or "Principally Operated" means operated for 90 days or more in any 12 month period.

I.B.46. "SAE" means Society of Automotive Engineers.

I.B.47. "State Emissions Technical Centers" are those facilities, operated by the Department of Public Health and Environment for technical or administrative support of the AIR Program and the Diesel Opacity Inspection Program.

I.B.48. "Stripchart Recorder or Digital Recording Device" means an instrument which receives and records data from one or more electrical inputs and displays that information in the form of real-time, continuous (non-impact) tracings on paper, or stores and displays that information electronically.

I.B.49. "Training Program" means instruction developed by the Division for training diesel opacity inspectors. Successful completion of qualification and requalification training is a prerequisite to taking the inspector qualification test and receiving a Certificate of Qualification.

I.B.50. "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 Opacity Inspection Program

Part B of this regulation shall apply to all diesel-fueled motor vehicles as defined in Section 42-4-401(5) C.R.S., except those diesel-powered vehicles subject to the provisions for Part A of this regulation (Diesel Fleet Self-Certification Program), pursuant to Section 42-4-414, C.R.S.

I.C.2.a. The burden of proof in establishing an exemption from all or any part of the diesel opacity inspection requirements is on the vehicle owner. Any applications for exemptions must be submitted to the Colorado Department of Revenue for approval.

I.D. Conditions for Issuance of Certification of Emissions Control

I.D.1. A diesel vehicle which is registered or required to be registered in the program area, routinely operates in the program area or is principally operated from a terminal, maintenance facility, branch or division located within the program area shall not be sold, registered for the first time in the program area or reregistered, unless such vehicle has a Certification of Emissions Control.

I.D.2. For new diesel motor vehicles being registered for the first time, a Certification of

Emissions Control shall be issued without testing for diesel opacity compliance. Prior to the expiration of such certification, such vehicle shall be inspected and a Certification of Emissions Control shall be obtained for diesel smoke opacity compliance.

I.D.2.a. For light-duty diesel vehicles, such certificate shall expire on the earliest of:

I.D.2.a.i. The anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year.

I.D.2.a.ii. The date of the transfer of ownership if such date is within twelve months before such certification would expire, pursuant to Part B, I.D.2.a.i., unless such transfer of ownership is a transfer from the lessor to the lessee.

I.D.2.b. For heavy-duty vehicles, such certification shall expire on the earliest of:

I.D.2.b.i. The anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year, or

I.D.2.b.ii. The date of the transfer of ownership if such date is within twelve months before such certification would expire, pursuant to Part B, I.D.2.a.i. unless such transfer of ownership is a transfer from the lessor to the lessee.

I.D.2.b.iii Any new heavy-duty diesel vehicle of model year 2014 or newer having a GVWR of twenty six thousand pounds or greater 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.D.2.c. For heavy-duty diesel vehicles ten model years old and newer, the Certificate of Emissions Control will be valid for two years from the date of issuance.

I.D.2.d. For light-duty diesel vehicles ten model years old and newer, the certificate of emissions control will be valid for two years from the date of issuance.

I.D.2.e. For heavy-duty diesel vehicles greater than ten model years old, the Certificate of Emissions Control will be valid for one year from the date of issuance.

I.D.2.f. For light-duty diesel vehicles greater than ten model years old, the certificate of emissions control will be valid for one year from the date of issuance.

I.D.3. For used diesel vehicle retail sales transactions by a licensed dealer conducted within the Program area, a Certification of Diesel Smoke Opacity Compliance will be required at the time of sale. The responsibility of complying with the inspection provisions is that of the selling dealer.

I.D.4. A "Certification of Diesel Smoke Opacity Compliance" shall be issued by a licensed diesel inspection station to any diesel vehicle which has been inspected and tested according to the procedures in Part B, III. of this regulation and found to be within applicable smoke opacity limits and equipment requirements as stated in Part B, IV. and V., of this regulation.

I.D.5. No Certification of Diesel Emissions Control may be issued to a diesel vehicle of model year 1991 and newer if there is evidence of diesel emissions control system tampering, as determined by the procedures described in Part B, III. A.4. of this regulation.

I.D.6. A temporary Certification of Emissions Control may be issued by a Department of Revenue AIR Program Air Environmental Systems Technician to those vehicles which fail the initial opacity inspection and continue to exceed applicable opacity standards, and for which needed parts are not presently available in order to make corrective repairs to that specific vehicle.

I.D.7. A "Certification of Diesel Smoke Opacity Waiver" shall be issued by a Department of Revenue AIR Program Air Environmental Systems Technician to any diesel vehicle which has been re-inspected after failing the initial opacity inspection procedure as prescribed in Part B, III. of this regulation, and exceed the applicable smoke opacity limits as stated in Part B, V. of this regulation, and for which proper presentation of documented evidence, of expenditures for smoke emissions related adjustments and repairs have been made which equal or exceed minimum dollar expenditures as follows:

I.D.7.a. For light-duty diesel vehicles (less than or equal to fourteen thousand pounds GVWR) a minimum expenditure of seven hundred and fifty dollars ($750) must be made in an attempt to comply with smoke opacity standards.

I.D.7.b. For heavy-duty diesel vehicles (greater than fourteen thousand pounds GVWR), a minimum expenditure of fifteen hundred dollars ($1500) must be made in an attempt to comply with smoke opacity standards.

I.D.7.c. Confirmation of documented evidence that minimum expenditures for smoke emissions related repairs have been made and issuance of a "Certification of Diesel Smoke Opacity Waiver" shall be made only by a Department of Revenue Air Environmental Systems Technician.

I.D.7.d. Documented proof of smoke emissions repair costs for the specific failing vehicle shall be in the form of an itemized bill, invoice, work order, manifest, or statement, for the following types of work and/or parts:

I.D.7.d.i. Replacements, adjustments and repairs to the diesel vehicle which are directly related to the reduction of exhaust smoke, necessary to comply with the applicable opacity standards.

I.D.7.d.ii. Replacements, repairs and adjustments to the following systems shall qualify as emissions related repairs for the purpose of reducing exhaust smoke opacity:

I.D.7.d.ii.A. Air intake systems

I.D.7.d.ii.B. Fuel system components, including fuel injection pumps, injectors and related components.

I.D.7.d.ii.C. Exhaust systems

I.D.7.d.ii.D. Turbochargers and superchargers, scavenging pumps (blowers) for two-stroke cycle engines

I.D.7.d.ii.F. Fuel control systems, utilized to control the air/fuel ratio, including microprocessor/electronic control systems, mechanical systems, hydraulic systems or pneumatic systems.

I.D.7.d.ii.G. Basic Engine Systems

I.D.7.d.iii. The expenditure for smoke reduction activities does not include the opacity inspection or reinspection fee(s) as specified in Section 42-4-408(3) C.R.S., nor does the expenditure include the costs of replacement, adjustment, or repair of air pollution control equipment due to instances of neglect, maladjustment, abuse, tampering or disconnection.

I.D.7.d.iv. Air pollution control equipment is any part, assembly or system originally installed by the manufacturer for the sole or primary purpose of reducing emissions. Such equipment shall include, but is not limited to, the On-Board Diagnostic (OBD) system, exhaust aftertreatment devices, and exhaust gas recirculation (EGR) systems.

I.E. Fees for Diesel Opacity Inspections

I.E.1. Initial Opacity Inspection Fees

A licensed Diesel Opacity Inspection station shall charge a fee not to exceed the hourly shop rate for one hour as posted by the station pursuant to Part B, IV.A.4. of this regulation, for the inspection of any diesel-fueled motor vehicle required to be inspected pursuant to this regulation.

I.E.2. Reinspection Fees for Vehicles Failing Initial Opacity Inspection

If the vehicle fails the initial opacity inspection, the vehicle owner has 30 days in which to have repairs or adjustments made and return the vehicle to the licensed diesel inspection station which performed the initial inspection for one reinspection at a cost not exceeding the posted hourly shop rate for one hour.

I.E.3. Certificate of Emissions Control Fee

In order to encompass costs incurred by the Department of Revenue and the Department of Public Health and Environment in the administration, operation and evaluation of the diesel Opacity Inspection Program Certificate of Emissions Control (CEC) credits shall be sold to licensed diesel vehicle inspection stations for a cost of five dollars ($5) each. Certificates of emissions control must be purchased from the agency designated by the Commission (AQCC). Licensed stations will be charged for the passing test records generated.

I.E.4. Home Rule Inclusion in the Diesel Opacity Inspection Program.

Any home rule city, town, or county shall, upon request by the governing body of such local government to the Department of Public Health and Environment and the Department of Revenue, be included in the Diesel Opacity Inspection Program. When such a request is made, said departments and governing body shall agree to a start-up date for the Diesel Opacity Inspection Program in such areas. On or after such dates, all diesel-fueled motor vehicles which are registered in the area shall be inspected and required to comply with the provisions of this regulation, as if such area was in the Program area.

5 CCR 1001-15-B-I

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

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