5 Colo. Code Regs. § 1001-15-D-VIII
Adopted August 15, 2013
Basis and Purpose
The purpose of this rulemaking is to revise Regulation Number 12 to adopt provisions contained in House Bill 13-1091. These revisions will permit qualified fleets to use "exemplary maintenance" as an alternative method to demonstrate compliance with opacity standards on vehicles ten years old or newer. Exemplary maintenance would be an optional choice, at the fleet's own discretion.
Air Pollution Control Division staff project that exemplary maintenance practices that continuously monitor, maintain, and repair modern fleet diesel vehicles, will result in at least the same level of air quality improvement as the existing periodic opacity testing. Well maintained late model heavy-duty diesel vehicles are equipped with extensive exhaust aftertreatment equipment and sophisticated engine controls. Late model heavy trucks when properly maintained, simply do not smoke.
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 No. 12, Part B). Both programs are aimed at improving air quality though reducing diesel opacity (smoke) from identified high opacity producing diesel vehicles or for the self-certification fleets, through the proposed exemplary maintenance practices.
Specific Statutory Authority
Specific Statutory Authority for the revisions to Regulation No. 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. The exemplary maintenance option is specifically permitted under C.R.S. 42-4- 414(2)(a)(IV)(b.5), as amended by HB 13-1091.
Scientific/Technical Rational
This rule is based on reasonably available validated, reviewed, and sound scientific methodologies.
Findings pursuant to Section 25-7-110.8
Since fleets may use exemplary maintenance as an option to periodic opacity testing, and is voluntary on the fleet's part, there is no measureable economic impact from this proposed rule change. Fleets are able to either participate in this program or conduct their traditional opacity testing at their choice, depending on whichever is less expensive and/or that meets their fleet's requirements. Many fleets currently conduct their own exemplary maintenance practices that mirror the proposed requirements.
5 CCR 1001-15-D-VIII