5 Colo. Code Regs. § 1001-15-D-X
ADOPTED October 18, 2018
Basis and Purpose The changes to Regulation Number 12 are primarily administrative in nature. They are intended to clarify and make more transparent existing regulatory provisions. They correct administrative errors and address specific fleet reporting and equipment requirements.
This rulemaking formalizes certain equipment, procedure, and training requirements including:
Changes to Regulation Number 12 are being made to clarify Division authority to resolve specific technical inspection issues and provide technical assistance to the Department of Revenue in performing station audits. A new definition, "Trained Observer", is added to better describe a fleet employee or designee that has completed Opacity Inspector training and holds a Certification of Qualification. It also clarifies that training is a prerequisite to a Certification of Qualification.
The rulemaking points out that Diesel Fleet Self-Certification Program fleets are not removed from the program due to program violations, though they may be required to have their fleet vehicles inspected through the Diesel Opacity Inspection Program. Other clarifications include duties of the Department of Revenue and the acceptability of aftermarket parts.
Additional changes conform GVWR language with statute, correct statutory and internal cites, and correct terms to conform with regulatory and statutory language. They simplify syntax and make other grammatical corrections.
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the statutory authority provided in Sections 42-4-401 through 42-4-414, C.R.S.
Federal Requirements
The Diesel Fleet Self-Certification and the Diesel Opacity Inspection Programs are state-only programs. They are not contained in Colorado's State Implementation Plan. There are currently no federal requirements for either program. Authority for the Diesel Opacity Inspection and Diesel Fleet SelfCertification Opacity Testing Programs is specifically provided under Colorado law.
Specific Statutory Authority
Specific Statutory Authority for the programs are contained in Sections 42-4-401 through 42-4-414, C.R.S.
Scientific/Technical Rationale
This rule is based on reasonably available validated, reviewed, and sound scientific methodologies.
Determinations pursuant to § 25-7-110.8, C.R.S.
The Commission has determined that these changes to Regulation Number 12 comply with the requirements of Section 25-7-110.8(a) -(e), C.R.S.
The revisions are based on sound science. A technical review of the Diesel Opacity Inspection and Diesel Fleet Self-Certification Opacity Testing Programs was undertaken that utilized sound scientific methodologies. Regulation No 12 regulates both the Diesel Fleet Self-Certification Program (Regulation Number 12, Part A), and the 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. Self-certification fleets may also reduce diesel emissions through exemplary maintenance practices.
The changes to Regulation Number 12 are primarily administrative in nature. Modifications to Regulation Number 12 will result in continued benefits to public health and to the environment. The rule change maximizes benefits to air quality in the most cost-effective manner. The changes to the Regulation improve the integrity of the diesel opacity programs through providing additional clarity on the regulatory requirements.
5 CCR 1001-15-D-X