5 Colo. Code Regs. § 1001-15-D-I
Adopted January 15, 1998
Basis and Purpose
Regulation Number12 establishes programs for Diesel Opacity Inspections and for Diesel Fleet Self-Certification. Both programs require annual emissions inspections for diesel vehicles covered by such programs. In 1997, the General Assembly revised § 42-4-406(1) (b) (II), C.R.S., to provide that new diesel vehicles do not need to be inspected until such vehicles are two years old, or upon a transfer of ownership. The revisions adopted on January 15, 1998 create such an exemption from inspection requirements for new diesel vehicles.
Federal Requirements
The Diesel Inspection Programs established in Regulation Number 12 are federally required because the State took emission reduction credit for such programs in the Denver element of the State Implementation Plan for particulate matter (Denver PM10 SIP). However, federal law does not expressly require the State to have opacity or emissions inspection programs for diesel vehicles and such programs are not required for areas outside of the Denver PM10 non-attainment area.
Federal law is entirely silent on the question of whether the creation of a two-year exemption from inspection requirements for new diesel vehicles will change the emissions reduction credit associated with such programs. Since federal law is silent on this issue, the Commission cannot determine whether federal law permits the State to create an exemption for such vehicles for more than the two years established by § 42-4-406(1) (b) (II), C.R.S., or whether such exemption is not required by provisions of the Federal Act or is otherwise more stringent than requirements of the Federal Act. Nevertheless, the January 15, 1998 revisions should be submitted to EPA as a revision to the Denver PM10 SIP. The submission of this revision to EPA is required in order to give effect to § 42-4-406(1) (b) (II) in federal law. Failure to include the January 15, 1998 revisions in the SIP would result in more stringent SIP provisions.
The Division intends to propose a revision to Regulation Number12 to remove the Diesel Inspection Programs for Colorado Springs, Greeley, and Fort Collins from the SIP.
Statutory Authority
Specific statutory authority for the amendments is provided in §§ 42-4-403(1) and 42-4-406(1) (b) (II).
Findings Pursuant to § 25-7-110.8
The January 15, 1998 rule revisions relax existing inspection requirements for diesel vehicles and are not intended to increase the effectiveness of the relevant programs in reducing air pollution. Furthermore, the Commission has no discretion under state law not to create such an exemption for new diesel vehicles. For these reasons the determinations enumerated in § 25-7-110.8(1), C.R.S., do not apply.
5 CCR 1001-15-D-I