5 Colo. Code Regs. § 1001-15-D-II
Adopted January 11, 2001
Basis and Purpose
Regulation Number12 establishes as a control strategy, the Diesel Opacity Inspection and the Diesel Fleet Self-Certification Programs. Both programs require periodic inspection of both light-duty and heavy-duty diesel powered vehicles. Emissions related repairs are required of those vehicles that do not comply with inspection requirements. The intended purpose of Regulation Number 12 is to reduce diesel vehicle emissions. The diesel inspection and maintenance (diesel I/M) program is one of the control measures relied on to demonstrate attainment of federal requirements in the Denver PM State Implementation Plan (SIP).
The rule revision implements the provisions of Section 42-4-408(3), C.R.S. as amended pursuant to H.B. '00-1381. H.B. '00-1381 amends the inspection fee for diesel powered motor vehicles from a maximum of $45 to a fee no greater than the posted hourly shop rate for one hour. The amendments to Section 42-4-408(3) require inspection station personnel to notify diesel vehicle owner/operators of the fee, prior to conducting any element of the inspection.
The revisions to Regulation Number 12 correct a statutory reference which established inspection fees that resulted when Title 42 of the Colorado Revised Statues was recodified.
Federal Requirements
The federal act and EPA requirements are silent to the issue of inspections fees, how fees may be structured and the posting of fees. The setting of a vehicle inspection fee or fees and the required posting of same are the prerogative of individual states. The fees specified and the manor, in which fees shall be posted, shall not be incorporated into the State Implementation Plan.
Statutory Authority
Specific statutory authority for amendments to Regulation Number 12 is Section 42-4-403, C.R.S.
Findings Pursuant to Section 25-7-110.8, C.R.S
The January 11, 2001 rule revisions do not increase or decrease the effectiveness of the Diesel Opacity Inspection Program in reducing diesel emissions. The rule revision results in Regulation Number12 being consistent with Section 42-4-408(3), C.R.S. as amended. For these reasons, the determinations enumerated in Section 25-7-110.8(1), C.R.S. do not apply.
5 CCR 1001-15-D-II