# STATE 

# OF COLOMDO

Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver Colorado 80230-6928 l TOO Line (303) 691-7700 (303) 692-3090 ColoradoDepartment Located in Glendale, Colorado 

### ofPublicHealth http://www.cdphe.state.co.us andEnvironment --------­

June 11, 2008 Robert Roberts Regional Administrator US EPA Region VIII 999 18th Street, Suite 500

## DynVe~-~_d~~o**~2** Dear

# <**~~ ~~--**  

# .**,.~** The

## follo~ng~ctions are submitted to EPA for final approval and incorporation into the Colorado State hnplelnentation Plan. 'I'wo copies ofthe materials needed for your review ofeach action are included with this letter. 

## >- Interstate Air Pollutantrrransport State Implenlentation Plan 

## >- Regulation NUlnber 

### 11, Vehicle Elnissions Inspection Program Regional I-Iaze State Implementation Plan Element and Regulation NUlnber 3, Part E Regulation NUlnber 3, PartA; regarding Stationary Source Fees Colorado is working to complete the analyses on four nlore BARrr sources and to complete the reasonable progress analysis requirelnents for the federal regional haze rule. Colorado is not asking for parallel processing, butthat you consider what we have submitted today. The BART and Reasonable Progress cOlnponents will be forthcolning to EPA as soon as they can be resolved in our process. We look forward to your timely review and approval ofthis request. rrhe Office ofthe ColoradoAir Quality Control Comlnission Inay subnlit any additional technical support documentation or information that you Inay need for review directly to the 

### EPA. Should there be any questions regarding these Inaterials, please contact Doug Lelnpke at the Comlnission Office at 303-692-3478. Thankyou. Sincerely, 

## A

# ~rt:f;------~~- 

# .**~~ ~\QxC**  

# .. ,/**~~s\JB. ~Mat:ti**  EAecutive Director 

### \ 

# 'tel Martha Rudolph Paul Tourangeau Doug Lenlpke

# Vehicle Emissions Inspection Program Regulation Number 11

ADMINISTRATIVE MATERIALS Copies ofthe following administrative materials are included inthis submittal ofrevisions to Regulation Number 11: Vehicle Emissions Inspection Program. Hearing held onJune 21, 2007.

• HearingNotice and Proposed Language as Published in the CCR • Meeting Agendawhere Public Hearing Occurred • Procedural Documents ofthe Commission • Parties, EPA and Public Comments ifany. • Statement ofBasis, Specific StatutoryAuthority and Purpose for eachregulation. • Opinion ofthe Attorney General • Regulation as published inthe CCR • Notice ofFinal Adoption

# HearingNotice and Proposed Language 

# as Published in the CCR

# STATE OF COLORADO

BiB Ritter, Jr., Governor James B. Martin, Executive Director Dedicated {O protecting and improving the health and environment ofthe people ofColorado COLORADOAIR QUALITY CONTROL COMMISSION http://www.cdphe.state.co.lIs EDO-AQCC-A5 4300 Cherry Creek Drive South Denver, Colorado 80246-]530 Phone (303)692-3100 Colorado Department Fax (303) 691-7702 ofPublic Health TDD (303) 691-7700 and Environment" 

## NOTICE OFPUBLIC RULEMAKING HEARING BEFORE THE COLORADOAIR QUALITY CONTROL COMMISSION Regarding proposed revisions to: 

### Regulation Number 11 MOTORVEHICLE EMISSIONS INSPECTION PROGRAM

SUBJECT: The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to modify the criteria for clean screening motor vehicles to permit the substitution ofa low**emi~ing** 

### vehicle index in lieu ofone remote sensing clean screenreading. This modification is projected to improve the participation rate ofthe Clean Screen Program and further implementthe legislative intent ofHB06­ 

### 1302 by improvingthe convenience ofthe 

### 1M Program to the motorist. 

### FEDERAL REQUIREMENTS: The federal act does'notrequire the Commission to make any ofthe rule revisions that are the subject 

### of this Notice ofPublic Rulemaking Hearing. A proposed Statement ofBasis, Specific Statutory Authority, and Purpose and a regulatory analysis (if one has been requested) will be available for inspection'no later than five 

### (5) days priorto the hearing. The proposed language for the rule revision is attached to and made a part ofthis notice. 

### HEARING SCHEDULE: DATE: June 21, 2007 TIME: 9:00 AM PLACE: Colorado Department ofPublic Health & Environment 4300 Cherry Creek Drive South, Sabin ConfRoom Denver, Colorado 

### The hearingmay be continuedat suchplaces andtime as the Commission mayannounce. The Commission shall deliberate uponthe evidence; testimony and written submissions presented at this hearing, as well as any related matters properly submitted before the hearing record is closed.

Page 1of3

### PUBLIC COMMENT: The Commission encourages all interested persons to provide their views eitherorally at the hearing or in writing priorto or at the hearing.' The Commission especially solicits comments and analyses from persons who will incur directly some cost orbenefit from the proposed revisions. Public testimony will be taken as close to the start ofthe hearing as possible and during the hearing as necessary. Written submissions priorto the hearing are requested to allow reviewpriorto presentation at the hearing. Written submissions should be mailed to the Commission Office at least 14 days priorto the hearing. 

### PARTY STATUS: In orderto obtain party status at the hearing, compliance with several requirements as defined in the Commissions Procedural Rules is necessary. An original and three (3) copies ofa written petition for party status must be filed with the Office ofthe Air Quality Control Commission no later than 

### 5:00 p.m. ApriI2Q,2007. The petitionmust: 1) 

### identify the applicant; 2)

### provide the name, address, and telephone andfacsimile numbers of the applicants representative; and3) 

### briefly summarize**what~ ~f**  

### any, policY,factual, andlegal issues the applicant has with theproposal(s) as of the time offilingthe application. Copies ofthe petition for party status must also be received, by this same date, by the Division staffperson and the Assistant Attorneys General representing the Division and the Commission identified below. Individuals may also obtainparty status through the submittal ofan initial alternative rule to the proposedrule. The submittal ofan alternative proposal must be accompanied by twenty (20) copies of the initial alternative proposed rule and all other associated documents as required by the Commission's procedural rules and must be filed with the Office ofthe Commission by the date specified for party status requests. Initial alternative rules must also be filed withthe Division staffperson and with each of the Assistant Attorneys General. Air Quality Control Commission Air Pollution Control Division Theresa L. Martin Doug Decker EDO-AQCC-A5 APCD-BI 4300 Cherry CreekDrive South 4300 Cherry Creek Drive South Denver, CO 80246 Denver, CO 80246 Steve Brown Michael Elliott Attorney for the Commission Attorney for the Division Attorney General's Office Attorney General's Office 1525 Shennan St., 5th 

### Floor 1525 Sherman S1., 5th 

### Floor Denver, CO 80203 Denver, CO 80203 Requests received beyondthe above stated deadline shall only be considered upon a written motion for good cause shown. The Commission reserves the right to denyparty status to anyone that does not comply withthe Commission's procedural rules. 

### STATUS CONFERENCE: A status conference will be held 

### April30, 2007 at 10:00 a.m., at the Department ofPublic Health and to ascertain and discuss the issues involved, and to ensure that parties are making all necessary efforts to discuss and resolve such issues priorto the submission ofprehearing statements. Attendance at this status conference is mandatory for anyone who has requested party status. Page 2 of3

### PREHEARING CONFERENCEIPREHEARING STATEMENTS: Attendance at the prehearing conference is mandatory for all parties to this hearing. A prehearing conference will be held 

### May 22 at 1

### :30 p.m. in the Commission Offices at 

### 4300 Cherry Creek Drive South,**D~nver.** 

### All parties must submit an original and Twenty 

### (20) copies ofa preliminaryprehearing statement to the Commission Office by 

### 5:00 p.m., May 14, 2007. In addition, copies ofthese documents must be mailed orhand-delivered by that date to all persons who have requested party status. A copy ofthe prehearing statement must also be delivered to the Division point ofcontact and each of the Assistant Attorney's General identified above by 

### 5:00 p.m. May 14, 2007. Anyrevisions to the prc:learing statement must be submitted with an original and twenty 

### (20) copies to the Administrator of the Commission at the prehearing conference. Any exhibit included in the prehearing statements will be mailed to individual Commissioners for reviewpriorto the hearing, provided the party files twenty 

### (20) copies ofsuch exhibit. Rebuttals to the prehearing statement may be submittedto the Commission office and all otherparties by 

### 5:00 p.m., May 28, 2007. STATUTORY AUTHORITYFORTHE COMMISSION'S ACTIONS: The authority for this regulation is contained in the Colorado AirPollution and Control Act (Colorado Act) sections 25-7-105, and 25-7-109, C.R.S., which authorize the Commissionto promulgate air emission control regulations and to implement a State Implementation Plan (SIP) for maintenance ofair quality. The Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to implementthe Clean Screen and High Emitterprograms set out in sections 

### 42-4-306(23), 42-4-307(12) and 

### 42-4-310(5) C.R.S. Specific statutory authority for this rule change is set out in section 

### 42-4-306(23), C.R.S. The rulemaking hearing will be conducted in accordance with sections 24-4-103 and 25-7-110, C.R.S., as amended, the Procedural Rules ofthe Commission and as otherwise stated in this notice. This list ofstatutory authority is not intended as an exhaustive list ofthe Commission's statutory authority to act in this matter. Dated this 16th 

### day ofFebruary 

### 2007 at Denver, Colorado Colorado Air Quality Control Commission

Douglas A. Lempke, Administrator

Page 3 of3

### PROPOSED LANGUAGE FOR REGULATION NUMBER 11

Page 6, Part A. II. Definitions, modify Definition No. 17: Definition No.1? 17. "Colorado'94" refers to those test analyzer systems THATv/hich are based on BAR '90 but modified as specified by the Division for use in the AIR Program for the period oftime after January 1, 1994 through December 

### 31,2001. Page 6, Part A. II. Definitions, modify Definition No. 15 15. "Clean Screened Vehicle" is a vehicle THAT'A'hich is eligible for inspection, has at least two consecutive passing REMOTE SESING emissions readings performed on different days or at different approved Clean Screen Inspection Sites priorto its registration renewal date, OR, FOR VEHICLES IDENTIFIED AS LOW EMITIERS ON THE LOW EMITTING VEHICLE INDEX, ONE PASSING REMOTE SENSING READING PRIOR TO ITS REGISTRATION DATE, and has otherwise complied with the provisions of Section IV ofthis part A, SECTION XII OF PART C, and Section VI of Part F.

Page 8, Part A. II. Definitions, add new definition: NO. 

### 36. "LOW EMITTING VEHICLE INDEX" REFERS TO A STATISTICAL TABLE SUMMARIZING THE PROBABILITY OF VEHICLES PASSING THE IM240 INSPECTION. THE STATISTICAL TABLE WILL BE UPDATEDANNUALLY BY EACH JULY 1 ST

. 

### THE LOW EMITTING VEHICLE INDEX MUST MEET THE REQUIREMENTS OF PART F, VI.B., BASED ON A TABULATION OF THE PREVIOUS CALENDAR YEAR'S IM240 INSPECTION PROGRAM RESULTS. (Renumberfollow-on definitions).

### Page 28 & Page 29, Part C., XII. Certification of Emissions Control, modify XII.A.3 and add new XII.E.4: XII.A.3. Vehicles are eligible for participation in the Clean Screen Program when the two most recent consecutive emissions readings observed during the 12-monthS PRIOR TO ITS REGISTRATION DATE specified in item 1 ofthis subsection comply with the standards specified in Part F (VI) and: the most recent passing emissions reading occurred on a different day or at a different site location from the prior reading. ADDITIONALLY, VEHICLES THATARE IDENTIFIED AS LOW EMITTERS ON THE LOW EMITTING VEHICLE INDEX ARE ELIGIBLE FOR PARTICIPATION IN THE CLEAN SCREEN PROGRAM WHEN THE MOST RECENT EMISSIONS READING OBSERVED DURING THE 12-MONTHS PRIOR TO THEIR REGISTRATION DATE COMPLIES WITH THE STANDARD SPECIFIED IN PART F., SECTION VI.

XII.E.4. FOR VEHICLES THATARE IDENTIFIED AS LOW EMITTERS ON THE LOW EMITTING VEHICLE INDEX THE MOST RECENT EMISSION READING WAS OBSERVED WITHIN 12-MONTHS OF THE REGISTRATION RENEWAL DATE. FOR THESE VEHICLES, IDENTIFICATION AS A LOW EMITTER ON THE LOW EMITTING VEHICLE INDEX SHALL TAKE THE PLACE OF THE SECOND REMOTE SENSING READING OTHERWISE REQUIRED UNDER SEC·TION XII. E.2., ABOVE. Page 52, Part F, VI. Clean Screen Maximum Allowable Emissions Limits, old VI.B. renumbered as VI.C., add newVI.B.1., VI.B.2, and VI.B.3.:

VI.B1. ON OR BEFORE JULY 1 ST 

### OF EACH YEAR THE AIR POLLUTION CONTROL DIVISION SHALL DEVELOP A LOW EMITTING VEHICLE INDEX BASED ON A TABULATION OF THE PREVIOUS CALENDAR YEAR'S IM240 IINSPECTION PROGRAM RESULTS FOR SPECIFIED MAKE, MODELAND MODEL YEAR OF VEHICLES. VI.B2. A 980/0 PASSING RATE FOR EXHAUST EMISSIONS SHALL BE SET AS THE MINIMUM ALLOWABLE PASSING CRITERIA FOR THE LOW EMITTING VEHICLE INDEX.

### VI.B3. IN DEVELOPING THE LOW EMITTING VEHICLE INDEX, THE DIVISION MAY USE PASSING CRITERIA GREATER THAN 

### 980/0, IF NECESSARY TO ENSURE THAT THE USE OF THE LOW EMITTING VEHICLE INDEX IS EQUIVALENTTO, OR BETTER THAN, THE USE OF A SECOND REMOTE SENSING MEASUREMENT IN TERMS OF AIR QUALITY BENEFITS.

Pages 91 through 94 - Substitution of unreadable specifications contained in graphics on pages 91 through 94, with retyped, readily readable scanner and thermal printer specifications. Page 91, Attachment 1 to the Technical Specifications, Appendix A

SPECIFICATIONS 

### PDF1000SCANNER PERFORMANCE CHARACTERISTICS Type: Scan Element Light Source:

Pattern Size:

Scan Rate: Frame Rate: Optical Resolution Haz Size ofPDF 417:

Pitch Tolerance: Skew: Rotational Tolerance: Dead Zone/Optical ThrowPrint: Print Contrast Resolution (min): AmbientLight Immunity: Humidity: Shock: Environmental Scaling: OperatingTemperature: Storage Temperature: Coil Cable Length: Weight Dimensions: Raster scanning, retro-collective Low mass, single mirror, resonant 675 nm. Laser diode At9 in. (22.8 em) from the nose ofthe scanner,'the pattern is 7 in. (17.8 em) horizontally and 2.6 in. (6.6 em) vertically 560 scans/sec. 280 Hz

### ± 10Hz(horizontal) 22 frames/sec. 11 Hz

## ± 1Hz (vertical) Can decode a 6.6 mil X-dimension symbol (PDF417); V-dimension mustbe 3X 5.9 in. (15cm) wide x 2.3 in. (5.8 em) high (928 codewords, at security level 0-8) PHYSICAL CHARACTERISTICS 

### ±30" ("front and back") 

## ±.. 15"plane parallel to symbol ("side to side") 

### ±3" (assuming 3: 1 codeword module aspect ratio) 

### ±2" (I D symbologies) or

## ±9" (PDF417) from beam direction 25% (I-D symbologies) or 35% (PDF417) absolute dark/light reflectance differential, measured at 675 nm 8000 ft-candles (86100 LUX) ofsunlight 5to 95% relative humidity (non-condensing) Unit functions normally after4ft (1.2m) dropto concrete MIL-STD-810d windblown dust and rain 140 to 1040 F (-10° to 40°C) -400 to 1400 F (-40° to 60°C) 6 ft. (183cm) 10.4 oz (295gm) without cable 7.2 in. (18.2 cm) H x 4.2 in. (IO.7cm) Lx L7 in. (4.3 cui) WLaserClass: CDRHClass II, IEC 825 Class II 

### PL 140DECODER/INTERFACE Decode Capabilities: 2-D symboiogyPDF417 (up to 928 codewords at security level 0-8). 1­ D Symbologies: UPC-A, UPC-E, EAN-8, EAN-13, Code 39, Code 39 Full ASCII, Code 128, Interleaved 2 of5, Codabar. Memory: 64K x 32-bit PROM; 32Kx32-bit RAM (128K ram OPTION); 256 X 16 bits EEPROM for systenl parameters Humidity: 5-95% relative hunlidity (non-condensing) Shock: 4-ft. (1.2m) drop to concrete Environmental Sealing: Environmentally sealed against dust and rain (with battery pack attached) Operating Temperature: 140 to 1040 F (-1 00 to 400 C) Storage Temperature: -400 to 1400 F (-400 to 60°C) Weight: 11.2 oz. (318 gm) With batter pack 27.8 oz. (788.13 gm) Dimensions: 4.0 in. (10.2 cm) high x 4.0 in. (10.2cm) long x 1.4 in. 13.6 cm wide (2.8 in (7.1 cm wide with batter pack) Agency Approvals: FCC Class A, UL, CSA, VDE Power Requirements: DC Power: 11 VDC from wall transformer or6 VDC from Battery Pack. Wall transformer power requirements: 115 VAC 

### @ .15A, 220/240 VAC 

### @ .075A, 100V 

### @ .15A. Pack will support several thousand scans per 8-hour shift. Actual number depends on PDF417 symbol size and nlix ofIDbar codes scanned.



### Page 91, Attachment 2 to the Technical Specifications, Appendix A
THERMALTRANSFERPRINTER 

### STANDARD FEATURES • On line / Offline Operation • Thermal/Thermal Transfer • Extremely High dor density (203 dots/inch. 8 dots/mm • Print speed 6 inches plus per second • Media width 5.25" • Print width 5.10" • Large maximum media size 5.24" W x 60" L • User-selectable bar code ratios • Internal take-up mechanism • External rewind mechanism • Print material. Label and tag stock • Label presentation • Print head temperatures software selectable • Easy-load ribbon • Alpha-numeric keypad • LCD Display 2x20 • 512K ofon board Ram Expandable to 8 MB • Rotation oftext and bar codes 90. 180 and 270 including human readable • Date and Time Clock• Label back feed for cutting and dispensing modes • Intelligent formats 

### PRINTMODES Three print modes are standard • Batch

- printing one or more labels with or without backing paper • Rewind

- printing a batch oflabels and rewinding • Present Mode

- Present sensor stops each label for presentation before delivering the next label 

### BAR CODES • Code 39 • Interleave 2 of5 • Codabar • Code 128 A.B. and C subsets • UPC-A and E

.. • UPC addendum codes 2 and 5 digit • UPC random weight • EAN 13 and 8 • Code 93 • Universal shipping contained symbology (with fixed orrandom weight codes) code 39 variations to produce all industry standards such as LOGMARS, HIBCC, and AIAG • Bar code modulus ("x" dimensions): 5 mil to 10 mil in picket or ladder orientation • Bar codes printed with or without human readable interpretation FONT STYLES • 12 Scalable fonts On-Board • Downloadable font support • Downloadable graphics • Inverse test support • Intemationallanguage support different language character sets • Inverse image support 

### MEDIA SPECIFICATIONS • Mediatype: Roll-fed,**die-cu~,** continuous orfan-fold labels, tags ortickets • Material: plain paperthermal transfer orthermal sensitive paper .• Sensing: adjustable transmissive sensor for die cut labels ortags.

• Reflective sensor for use wit black marks • Programmabletop ofform • Maximum media with: 5.25" • Minimum media with: 0.50" • Maximum media length: 60.0" • Minimum media length: 0.50" • Thickness: 0.0023" to 0.012" (including liner) • Supplyroll capacity: 8" (203 mm) • Internal rewind capacity: 6" (152 mm) • External rewind capacity: 8" (203 mm) • Fanfold stock internal and external capabilities PRINT HEADS • Standard width: 5.1" (128 mm) 8 dot/mm (203 dots/inch.8 dots/M) • Optional widths available • Optional Dot Densities availablePRINT SPEED • Standard speed: 6"(152 mm) plus per second • Programmable print speed of 1.5" (38 mm) 3" (72 mm) up to 6" (152 mm) plus per second 

### COMMUNICATIONINTERFACE • RS-232C. RS-422, RS-185 • Centronics parallel interface • Robust XON/XOFF, CTSIDTRhandshake • Programmable 7 or 8 bit length • Multidrop protocol • Bi-directional Printerto Host OPTIONS • Ribbon Saver • Cutter mechanism and Tray • FontDataCards (up to 1MB) • Application Cards (up to 1 MB) • Graphics Display • Full Alphanumeric key board • ScannerSupport • UserData SupportCards (up to 1MB) • Twinax& Coax IBM Interfaces 

### MECHANICAL • Height: 10" (254 mm) • Width: 11" (279 mm) • Depth: 16" (406 mm) • Weight: 35 Ibs. (16 kg) 

### ELECTRICAL • Power: 110/220 VAC + or - 10% 50/60 Hz at2 amps maximum 100 VAC on request • Builtto UL, CSA and TUV-GS safety standards and VDE Class B and FCC Class A emissions standard 

### ENVIRONMENTAL • OperatingTemperature: 32° F to 100° F (0° to 40° C) • Storage Temperature: -40° to 140° F (-40° to 60°C) • Humidity: 10% to 90% non-condensing • Ventilation: Free air movement • Dust: non-conducting, non-corrosive

# Meeting Agendawhere Public Hearing Occurred

# STATE OFCOLORADO

Bill Ritter, Jr., Governor James B. Martin, Executive Director COLORADOAIR QUALITY CONTROL COMMISSION httpJ/www.cdphe.state.co.us 4300 Cherry Creek Drive South OED-OLRA-A5 Denver. Colorado 80246-1530 Phone (303}692-3100 Colorado Department Fax (303) 691-7702 ofPublic Health TDD (303) 69)-7700 and Environment 

# Notice ofMeeting andAgenda Air- QualityControlCommission June

# 21,2007

THE HOLIDAY INN ROCKY MOUNTAIN PARK CONFERENCE CENTER 101 South SaintVrain Avenue Columbine & 

### LakeEstes Conference Rooms Estes Park, Colorado 970-586-2332 

## 10:30 

# a.m.

Call to Order: Determination ofa Quorum 

### Approval ofMinutes: Review/Approval ofthe May 16-18, 2007 Air Quality Control Commission. meeting minutes ofthe



### Public Comment: The public is invited to comment on any ai the agenda. The Commission will not discussed under this agenda item today; h scheduled for further discussion or action. r poll take owevution is action er, item sue on s m not on issues ay beREQUEST FOR WRITTEN COMMENT ONLY RULEMAKING HEARING 

### 1. Regulation Number 8, PartE; MACT Standards The Division will ask the Commission to set a hearing date to consider a proposal to adopt by reference a set ofprovisions to incorporate changes to the federal program in the recent months.
RULEMAKING HEARING 

### 2. Regulation Number 8, Part B: Asbestos (15 minutes presentation, 10 minutes discussion) The Division will present proposed changes to Regulation No.8, Part B necessitated by changes to the asbestos statute (25-7-501, et seq) in the 2006 Legislative session. 

### 3. Regulation Number 

### 1 & 9: SmokeManagement Program (15 minutes presentation, 15 minutes discussion) The Air Quality Control Commission will hold a rulemaking hearing to considerrevisions to the rule to modify the requirements for delegating the program authority to units oflocal government and to increase the requirements for larger instructional and training type fires. At the time ofthe hearing the Division will also discuss the proliferation ofthe mountain pine beetle epidemic and the impacts it is generating on the need for prescribed fire. 

### 4. Regulation Number 11: Vehicle Emissions Inspection Program (10 minutes presentation, 15 minutes discussion) The Division will presentto a proposal to revise the rule to allowthe clean screenprogram to use one valid passing remote sensing reading in conjunction with an emissions index to characterize vehicle emissions as clean and exempt them from the requirements to pass an emissions test at a designate testing facility. BRIEFINGS, REPORTS AND COMMISSION DISCUSSIONS 

### 5. AirToxics Program Update (30 minutes presentation, 15 minutes discussion) The Division will update the Commission on air toxics monitoring, risk assessment activities and continuing voluntary programs designed to.reduce air toxics inNortheast Denver. 

### 6. Annual Reportto the Public (10 minutes presentation, 15 minutes discussion) The Division will begin discussing the Annual Report to the Public with the Commission. The Division will seek any changes in direction and discuss a schedule for completing the report by the Octobermeeting ofthe Commission. 

### 7. Remote SensingPlan Implementation Update/Briefing (20 minutes presentation, 20 minutes discussion) The Commission will consider presentations and discussions ofthe Division regarding the quarterly briefing on implementation status ofthe provisions ofHB 

### 06-1302; and the annual reporting onremote sensing false passes and false failures as required by statute.

2

### 8. Introduction to Strategy for Assessing the Air Quality Impacts from Oil and Gas

. Operations in Colorado (15 minutes presentation, 15 minutes discussion) The Division will present its strategy for annually assessing the air quality impacts from oil and gas operations, as so directed by the Commission in December2006. Anupdate ofthe implementation ofRegulation Number 7's oil and gas requirements will also be provided. 

### 9. Regional Haze Requirements and State Implementation Plan Development (45 minutes presentation, 

### 45 minutes discussion) The Division will review and discuss the regional haze rule requirements and the associated issues and process that have been ongoing for several years to develop a regionalilaze element ofthe State Implementation Plan. The Division and Commissionwill discuss the specific elements ofthe regional haze SIP element that is being prepared by the Division for proposal and public comment at the August 

### 16, 2007 monthly business meeting ofthe Commission. 

### 10. Commissioner Informational Items Commissioners will discuss among themselves activities that they have participated in 

### over the past month that they believe other Commissioners and/or members ofthe public may be interested in hearing about. 

### 11. Division Director's Report

- Paul Tourangeau • Monthly activities report 

### 12. Attorney General's Report

- Steve Brown • Update ofany recent court actions on air quality issues 

### 13. Administrator's Report

- Doug Lempke • Review ofJune Commission meeting action items • Review and discussion oflong term calendar • July meeting agenda items review 

### Note: The C'ommission plans to break at or about 5:00 PM for dinner. The Commission will resume the meeting at 6:30 PM for the following agenda item.

PUBLIC HEARINGS 

### 14. Rocky Mountain National ParkNitrogen Deposition Reduction Plan (45 minutes presentation, 

### 140 minutes public comment/discussion) The Division in conjunction with representatives ofthe National Park Service and US EPA Region 

### VIII will present a planto reduce nitrogen deposition in RockyMountainNational Park. The agencies will discuss their efforts overthe past two plus years to explainthe scientific data, the conclusions ofthe data, discuss the ongoing efforts, the process ofplan development and the implementation strategy, specifically as it pertains to the next five years. 

### Note: The Commission plans to end the meeting activities for the day at or about 9:00PM. Adjourn 3

# AgendaItem Control Sheet (AICS) (and attachments)

- Detailed Issue Statement Memorandum 

## ofNotice (MON)

- Economic Impact Analysis 

## (EIA)

## ------------------- 

## COLORADOAIR QUALITY CONTROL COMMISSION AGENDA ITEMCONTROLSHEET


### Item Title: Regulation No. 

### 11

- Revision to Clean Screen Criteria, allowing a low emitting vehicle index to replace one remote sensing measurement 

### Meetingdate: June 

### 21, 2007

TYPES OFACTION NON-HEARINGACTIONS REQUESTFORHEARING HEARING

- 

### Administrative

_ Public Rulemaking 

## -.XPublic Rulemaking

_ Briefing

- 

### Informational

- 

### Informational**~,**



### ._Policy

_AreaDesignations



### RECOMMENDED ACTION 

## -.X Adoption

_ Approval Denial

- 

### MOTION 

## -.X Required Attached

_ Not applicable



## - STATUTORYAUTHORITY General X Specific

_


### EPA SUBMITTAL Is this issue considered a SIP revision? Yes Which SIP? 8-hr Ozone EAC), I-hrOzone EPA submissiondeadline: Is this a delegatedprogram?

__

### DETAILEDISSUE STATEMENT: The Division is proposing a technical amendment to Regulation No. 11 

### that will allow the use of a predictive low emitting vehicle index in place ofone remote sensing reading for clean screening motor vehicles. Development and implementation ofa low emitting vehicle index is one ofthe elements ofthe HB06-1302 

### Implementation Plan that the Commission adopted in December 2006. 

### The index will be designed to have no impact on the emissions credits taken as part ofthe 8-hour Ozone Early Action Compact. Atthe currenttime, the EAC permitsthe state to clean screen up to 50% 

### ofthe 1M eligible motor vehicle fleet. The state expects to reach this 50% 

### fleet goal eventually, even within the current structure of Regulation No.ll. The technical amendment being proposed would permit the state to achieve this goal more quickly, while expending fewer resources. The use ofthe index will help fulfill the legislative intent ofHB06-1302 

### and improve the convenience ofthe 1M Program. The index will also enable the contractorto focus additional remote sensing resources on identifying high emitting vehicles. Included in this rule making are some housekeeping items. Obsolete language contained in Definition No. 17 

### concerning the definition for Colorado '94 idle test system has been deleted. Additionally, equipment specifications for the required scanner and thermal printer, contained in two unreadable graphics, have been replaced withretyped specificationsthat are readable. Policy, FactualandLegalIssuesAddressedbythe Proposal 

### The requested rulemaking is not anticipated to raise any significant factual or legal issues, but rather to improve the efficiency ofthe 1M Program, to reduce its regulatory**bu~den,** 

### and to help facilitate the eventual implementation ofa high-emitterprogram as required by statute. Modification willResult in an IncreasedNumber of Clean-Screened Vehicles 

### It is expected that by the time this amendment takes affect (approximately October 2007), 

### the state contractor will have an additional nine remote sensing vans on the road with an 1M fleet coverage of 

### 250/0. The use of an index could double this number to 

### 50%. It is also expected to minimize false passes, with an initial analysis indicating that the use ofan index will reduce false passes compared to present criteria. Colorado explored the one clean screen measurement with index criteria in the Greeley study, a multiyear study (1995-1997), 

### authorized by the legislature (HB93-1340), 

### whose purpose was to evaluate how remote sensing technology could be used as a supplement or alternative to an inspection/maintenance (11M) program. The Greeley study found that a low emitting vehicle index could be substituted for one clean screen measurement. In fact, because of this study and analysis, the state of Missouri implemented a one clean screen measurement plus index in their Clean Screen Program. Missouri was able to show U.S EPA that a low emitting vehicle index in lieu ofa second clean screen measurement was an acceptable option for theirprogram.

### EP A SIPApproval The U.S. EPA has informally indicated that they would accept the use ofa low emitting vehicle index for one clean screen measurement as part ofan enhanced 1M Program. At this time however, EPA has notformally expoundedthis opinion.

Discussion 

### The substitution ofa low emitting vehicle index for one clean screen measurement will substantially increase the number ofvehicles eligible to be consideredto be clean screened. As previously stated, it is estimated that the eligible number ofvehicles for consideration would double, as structured, use ofan index will not reduce the emissionreduction benefits from the current 1M and clean screenprogram.
Recommendation 

### The Division recommends the modification of Regulation Number 11 effective October 1, 2007, to permit the use of a. low emitting vehicle index to be used as a substitute for one clean screen measurement, subject to approval bythe U.S. EPA.

### ATTACHMENTS:

1. Actual Language of Proposed Revisions to Regulation No. 11

2. Statement of Basis, and Specific Statutory Authority and Purpose

3. Final Initial Economic ImpactAnalysis

4. Presentation

SIGNATURES: 

# 4-"**~~_~~~~** b_-_b_'-_07

__ 1. Preparer Date

2. Supervisor Date 

# qc.e-­ 3. Program Manager Date

4. Division Director Date

## MEMORANDUM OFNOTICE Revisions to Regulation No. 11,

### Motor Vehicle Emissions**Insp~ction** 

### Program

DATE: January 24, 2007 TO: All affected and interestedparties SUBJECT: Revisions to RegulationNo. 11, MotorVehicle Emissions Inspection Program RE: Proposed Revisions to Regulation No. 11, MotorVehicle Emissions Inspection Program



### EXPLANATION OFTHEPROPOSED RULE The proposedrevisions to RegulationNo. 11 will: 1. 

### Modifythe criteria for clean screening motorvehicles to permitthe substitution of a lowemitting vehicle index in lieu ofone remote sensing clean-screenreading. This modificationis expected to improve the participationrate ofthe Clean ScreenProgram and further implementthe legislative intent ofHB06-I302, by improving the convenience ofthe 1M Program to the motorist. 2. 

### Correct certain language and format errors and mistakes contained inthe current AQCC RegulationNumber 11. 

### RULEMAKING PACKAGE The following are attachedto this Memorandum ofNotice: The actual language ofthe proposedrevisions to RegulationNo. 11. Draft 

### Statement of Basis andSpecific StatutoryAuthorityandPurpose. The

### Initial Economic ImpactAnalysis. Statement ofDifferences from Federal Requirements. Anexplanation ofthe range ofregulatory alternatives, including the no-action alternative, to be considered in adopting the proposedrule.

### DISCLOSURE OFMATERIALS CONTAINED IN THE PROPOSED RULE Section 25-7110.5(3)(b) requires this Memorandum 'ofNotice to include "[a] disclosure of materials contained inthe proposedrule

...." The proposed rule revisions do not incorporate any materials into the rules by reference, orotherwise contain any other materials. 

### PLAN FORMEETINGS ONTHE PROPOSED RULE The Division does not planto holdpublic meetings onthe proposedrule. The Division will ask the Commissionto schedulethe proposed rule for a rulemaking hearing to be held on April 19, 2007. The Commissionwill issue aNotice ofRulemaking, whichwill describe the rulemaking process. 

### WHAT IS THE PROBLEM,AND HOWDO THE RULE REVISIONS SOLVE THE PROBLEM? The state legislature passed HB06-1302 thatrequires an expansion ofthe remote sensing based clean screenprogram. Modifying the criteria for clean screening motor vehicles contained in RegulationNo. 11, to permitthe substitution ofa lowemitting vehicle index in lieu ofone remote sensing clean-screenreading, will be one measure in fulfilling the legislative direction ofHB06-1302. 

### RULE DEVELOPMENTPROCESS The proposed rule revisions were internally developedbythe Division in consultation with the Attorney General's Office. 

### EFFECT ON PUBLIC, REGULATED COMMUNITY, OTHERAGENCIES The motoring public will have increased program convenience from this rule. They and the emissions inspection industry will be marginally affected cost wise bythis proposedrule. The vehicle repair facilities andrepair technicians, and fuel industry may be slightly affected business wise. Implementingthe option ofa lowemittingvehicle index inplace ofone remote sensing measurement would increase the number ofvehicles that couldbe clean screenedto up to 164,000 in 2007 and 169,000 in 2008. This wouldbe an increase of 100% and 80% respectively, comparedto the base projections for 2007 and 2008. Underthese projections, 20.5% of1M eligible vehicles in 2007 and 21,15 in 2008 wouldbe clean-screened compared to a projected 100/0 without these modifications. There wouldbe a slight decrease in business for repairfacilities and technicians that would correspond to what previous projections for increased clean screening would do, as a small percentage ofvehicles will be misidentified as being clean, whenthey would normally fail an IM240 test. This would result in a small loss ofbusiness for repairfacilities and repair technicians. Repair costs for vehicles failing their IM240 inspection average $284.59 (for calendar year 2005, (2006 1M Report). Ifitis assumed that from 0% to 2% ofclean-screened vehicles would fail an IM240 inspection, this would translate to an additional 0 to 1640 false

### passes in 2007 and from

# ° to 1504 false passes in 2008. Loss in repair business then would range from $0up to $467,000 in 2007 and from $0 upto $428,000 in 2008. It is expectedthat there maybe a slight increase inbusiness for fuels providers, as high emittingvehicles tendto have lower fuel economy. On avera-ge, vehicles failing their IM240 inspection are estimatedto have increased fuel costs of$300.06 overtwo years (2006 1M Report). Fuel providers are thus expected to have increased fuel sales offrom $0 up to $492,000 in 2007 and from $0 up to $451,000 in 2008. The net increase to business would be an overall net increase offrom $0up to $25,000 in 2007 and from $0up to $23,000 in 2008. This represents loss in repair business balanced out byincreased fuel sales.

.
Year Additional VehiciesCleanedScreened NumberofFalsely Passed Vehicles ifup to 2% are FalselyPassed Decreased Repair Business ($285/veh.) Increased Fuel Sales ($300/veh.) Net Costs (over 2 yrs.)

2007 

# ° to 82,000 

## oto 1640 $0 to $467,000 $0to $492,000 $0 to $25,000 2008 

## oto 75,200 Oto 1504 $0to $428,000 $0to $451,000 $0 to $23,000

SUBSTANTIVEDIFFERENCESWITH FEDERAL REQUIREMENTS AND THE REQUIREMENTS OFUTAH,ARIZONAAND NEW MEXICO. Section 25-7-11 0.5(3)(h) requires this Memorandum ofNotice to include"an explanation of the substantive differences with federal requirements and the requirements ofUtah, Arizona, andNewMexico, where relevant." There are inspectionmaintenance programs inArizona (Phoenix and Tucson), NewMexico (Albuquerque), and Utah (four counties ofthe WasatchRange; Davis, Salt Lake, Utah, and Weber). None ofthem have remote sensing-based clean screenorhigh emitter identification programs. Utah andNewMexico have a basic 1M Program that utilizes a two-speed idle test that does not use the EPA final IM240 cutpoints. Arizonautilizes a loaded-mode dynamometer test that is similarto, but'notthe same as the IM240 for their Enhanced 1M Program. Their IM137 final cutpoints are designed to limit false failures.



### RULE IMPLEMENTATION

### Beginning whenthe rule takes effect, RegulationNo. 11 clean screen criteria will pennitthe substitution ofa lowemitting vehicle index in lieuofone remote sensing clean-screen reading.



### TIME CONSTRAINTS There are no time constraints.



### CONTACTPERSONS For additional infonnationonthe proposedrule, please contact eitherofthe following individuals: ShirleenTucker AirPollution Control Division (303) 692-3109 Shirleen.Tucker@state.co.us 

### Doug Decker AirPollution Control Division (303) 692-3126 Doug.Decker@state.co.us 

### Michael Elliott Assistant Attorney General (303) 866-1049 Michae1.El1iot@state.co.us


### NO-ACTION ANALYSIS Section 25-7-110.5(3)(1) requires this Memorandum ofNotice to include "a no-action analysis." The rio-action alternative to this proposedrule modificationwould continue the clean screen program as is. Instead ofan estimated 164,000 vehicles being clean-screened in 2007 and 169,000 in 2008, there would onlybe anestimated 82,000 vehicles being clean-screened in 2007 and 94,000 in 2008. There would be 82,000 fewer vehicles being clean-screened in 2007 and 75,200 fewer vehicles being clean-screened in 2008. The "no action" alternative would not provide an available response to the HB06-1302 mandate to increase the use ofremote sensing in the 1M Program. The proposed modifications to RegulationNo. 11 provide one ofthe quickest ways to increase the number ofvehicles able to be clean screened.w

### FINALECONOMIC IMPACTANALYSIS PerC.R.S. 25-7-110.5(4)(c)(I) for Revisions to AQCC Regulation Number 11: MotorVehicle Inspection Program June 21,2007

FINALECONOMIC IMPACTANALYSIS The general requirement that arulemaking proposal must be supported by an Impact.-=-, Analysis (EIA) is set out in the Colorado Air Quality Control statute at 

### § 25-7-110.5(4), C.R.S., and in the Colorado Air Quality Control Commission Procedural Rules at 5 CCR 1001 

### § 1.5.3(3)(c). An EIA is not required for rules that "will have no regulatory impact on any person, facility oractivity," Sec. 25-7-110.5(2); 5 CCR 1001 

### § 1.5.3(4). As this proposed amendment to RegulationNo. 11 would not create significant additional costs, but would only make application ofthe existing rule more efficient, there is no requirement for an EIA to establishthat the benefits are worththe costs. Althoughthe Division is notrequired to submit an Economic Impact Statement for this petition, it nonetheless provides the following analysis to assistthe Commission and others in evaluating this petitionfor rulemaking.

. INTRODUCTION The Division is requesting the Commissionconsidermodifyingthe criteria for clean screening motorvehicles to pennitthe substitution ofa lowemitting vehicle index in lieu ofone remote sensing clean-screenreading.

A·FFECTED PARTIES The motoring public will have increased program convenience from this rule. They and the emissions inspection industry will be marginally affected cost wise by this proposed rule. The vehicle repair facilities and repairtechnicians, and fuel industry may be slightly affected business wise.'

Public This rule would result inincreased convenience to motorists. Implementingthe option of a lowemittingvehicle index inplace ofone remote sensing measurement would increase the number ofvehicles that could be clean screened overthe next two years. Becausethe number ofvehicles that canbe clean screened is capped underthe SIP, and because it is expectedthat we will approachthat capby the end of2008 even without adoption ofa

### lowemitting vehicle index, any financial orair quality costs associated with adoption of this rule will be short-term. The proposedrule would have minimal costto the public. Aninspection fee of$25 per 1M eligible vehicle would continue to be paid, either as part ofthe clean screenprocess, or as part ofthe tradition 1M inspectionprocess. As some small percent ofcleanscreened vehicles would have failed their IM240 inspection (false passes) a very small costto motorists will result. High emitting vehicles tendto have poorerfuel economy, so use more gasoline. They would, however, avoid repair costs. As described below, it is estimated thatthese motorists will have increased costs ofapproximately $15 per vehicle that is falsely passed. All motorists who are clean screened, however, will receive a significant convenience benefitby avoiding the necessity ofmaking a special trip to the emissiontesting centers. 

### Industry/ Business The proposedrule would result in a loss ofinspectionbusiness at the IM240 lanes for the state contactor, but would result in an increased offsetting business gain for their remotesensing clean-screening inspections. As a result there will be not net gain orloss. There woul4be a slight decrease inbusiness for repair facilities and technicians that would correspondto whatprevious projections for increased clean screening would do, as a small percentage ofvehicles will be misidentified as being clean, whenthey would normally fail an IM240 test. This would result in a small loss ofbusiness for repair facilities and repairtechnicians. Repair costs for vehicles failing their IM240 inspection average $284.59 (forcalendaryear 2005, (2006 1M Report). It is expectedthat there maybe a slight increase inbusiness for fuels providers, as high emitting vehicles tendto have lower fuel economy. On average, vehicles failing their IM240 inspection are estimatedto have increased fuel costs of$300.06 overtwo years (2006 1M Report).



### Technical/Air Quality It is being assumed that the use ofa low emitting vehicle index will be developed as an optional replacement for a second remote sensing measurement, andthat it'spass cut points will give similarresults to a second remote sensingmeasurement. Thus, no additional long term air quality benefit orloss will result. 

### Administrative There is no administrative burden for rule implementationonthe regulated community, state, or local agencies. The rule revises the currentrule, and does not impose newor additional requirements.

### ComplianceCosts to thePublic As the current emissions program would otherwise continue as is, aside from fewer vehicles inspected at IM240 lanes, and more vehicles inspected through remote sensing, there wouldbe no additional costs to the public. The public will, however, receive a benefit in the form ofmore convenient emissions testing.

Emission Reductions and the Costs perunitReduced Because there are minimal cost increases associated with this program, and also no long term change in emissions reductions, there is no cost/ benefit aspect to this proposed rule that would require detailed analysis under Colorado law.

Costs for theDivision to Implement There are no direct costs to the Divisionto implement the proposed rule.

# Parties, EPA and Public Comments

## COLORADOAIRQUALITYCONTROL COMMISSION PARTYSTATUS LIST FORTHE 

### RULEMAKING HEARINGREGARDING PROPOSED REVISIONS TO: 

### REGULATION NUMBER 11: MOTORVEHICLE EMISSIONS INSPECTIONPROGRAM HOLIDAYINN ROCKY MOUNTAINPARK CONFERENCE CENTER 101 SOUTH SAINTVRAIN AVENUE ESTESPARK,COLORADO 

### May 2,2007

NAME Air Quality Control Commission REPRESENTED BY/ADDRESS Mr. Bob Lowdermilk

- Hearing Officer Mr. Doug Lempke

- Administrator Ms. TheresaMartin

- Program Assistant 4300 Cherry Creek Drive South OED-AQCC-A5 Denver, CO 80246 TELEPHONE/FAX/EMAIL Ph: 303-692-3476 Fax: 303-691-7702 Email: Theresa.Martin@state.co.us

Air Pollution Control Division Doug Decker

- Inspectorrrechnician Training 4300 Cherry Creek Drive South APCD-MS-BI Denver, CO 80246 Ph: 303-692-3126 Fax: 303-782-0278 Email: Doug.Decker@state.co.us

Office ofthe Attorney General

Commission Attorney Division Attorney Steve Brown

- Commission Attorney Mike Elliott

- Division Attorney 1525 Shennan Street Denver, CO 80202**~h:** 303-866-4434**~mail:** Steve.Brown@state.co.us Ph: 303

..866-5049**~mail:** Michael.Elliott@state.co.us Fax: 303-866-3558 NAME Rocky Mountain Clean Air Action REPRESENTED BY/ADDRESS Mr. Jeremy Nichols Director 1536 Wynkoop, Suite 302 Denver, Co 80202 TELEPHONE/FAx/EMAIL Ph: 303-454-3370 Fax: 303-572-0032 Email: rmcleanair@gmail.comNOTE TO PARTIES: Email service betweenthe parties for pre-hearing statements and any othermaterials to be filed with the Commission Office is allowed. Also, email service ofall materials submitted to the Commission Office will be allowed with follow-up printedcopy ofthe same materials byregular mail to the Commission Office. Party Status Statementsto Commission Office (1 signed original, 3 copies) April 20, 2007 at 5:00 p.m. 4300 CherryCreek Drive South OED-AQCC-A5 Denver, Colorado 80246 Status Conference May 4, 2007 at 9:00 a.m. 4300 Cherry Creek Drive South Snow Conference Room Preliminary Prehearing Statement to Commission Office (1 signed original, 20 copies) Attorney General's Office, Party Status List I May 14, 2007 at 5:00 p.m. 4300 Cherry Creek Drive South OED-AQCC-A5 Denver, Colorado 80246

Final Prehearing Statement to Commission Office (1 signed original, 20 copies) Attorney General's Office, Party Status List May 22, 2007 at 1:30 p.m. 4300 Cherry Creek Drive South OED-AQCC-A5 Denver, Colorado 80246 Pre-Hearing Conference May 22, 2007 at 1:30 p.m; 4300 Cherry Creek Drive South Sabin Conference Room Rebuttal Statements Dueto the Commission Office May 2007 at 5:00p.m. 4300 Cherry Creek Drive South OED-AQCC-A5 Denver, Colorado 80246 Rulemaking Hearing Date June 21, 2007 at 8:00 a.m. Holiday Inn Rocky Mountain Park Conference Center 

### CERTIFICATE OFSERVICE I do certify that a true andexact copy ofthe Party Status List for the upconling Rulemaking Hearing regarding proposedrevisions to RegulationNumber 8, PartB was emailed to the following on2nd day ofMay, 2007.
NAME REPRESENTED BY/ADDRESS TELEPHONE/FAx/EMAIL Rocky Mountain Clean Air Action Mr. Jeremy Nichols Director 1536 Wynkoop, Suite 302 Denver, Co 80202 Ph: 303-454-3370 Fax: 303-572-0032 Email: rmcleanair@gmail.com

### BEFORETHEAIR QUALITY CONTROLCOMMISSION STATE OFCOLORADO

IN THEMATTEROFPROPOSED REVISIONS TO REGULATIONNUMBER 11, MOTOR VEHICLEEMISSIONS INSPECTIONPROGRAM



### PETITIONFORPARTY STATUS-ROCKYMOUNTAINCLEANAIRACTION

RockyMountain Clean

### AirActionherebypetitionforparty status inthematterregarding proposedrevisionsto Regulation 11 regarding themotorvehicleemissions inspectionprogram. Enclosedplease fmdthree copies withthis original containingthe requestedinformation. Copies ofthispetition are concurrentlybeing sentto the

### AirPollutionControl DivisionandAssistant Attorney General as indicatedintheNotice ofPublicRulemaking Hearing.

. 

### Petition for PartyStatus 1. Applicants RockyMountainCleanAirActionis a Colorado nonprofitmembership corporation dedicatedto protecting clean airfor healthy communities in Colorado andthe surrounding



### .. regIon

.. 

### 2. Applicants' Representative Name: JeremyNichols, Director

. Organization: Rocky MountainClean

### AirAction

Address: 

### ·1536Wynkoop, Suite 302 City/State: Denver, CO 80202 Phone: (303) 454-3370

. . 

### Fax: (303) 572-0032 E-mail: rmcleanair@gmail.com 3. Issues Withthe Proposal Rocky Mountain Clean

### AirActionhasthreeprilnaryissues withtheproposedrevision·to Regulation 11.

. First, anyrevisionto Regulation 11 must ensure the implementation,maintenance, and enforcementoftheNational Ambient

### Air Quality Standards ("NAAQS") in.accordance

### with section 110 ofthe CleanAirAct. Regulation 11 is incorporatedinto the Colorado state implementationplan ("SIP"), and as**s~ch** 

### anyrevision cannotinterfere with attainnientofthe

### NAAQS. 42 USC § 7410(1). Accordingly, anyrevisiontoRegulation 11 mustensureprotection

. ofthe 8-hourozoneNAAQS (40 CFR § 50.10), PM2.5 

### NAAQS (40 CFR §50.7),primary and

secondary nitrogendioxideNAAQS (40 CFR § 50.11), and 8-hour and I-hour carbonmonoxide NAAQS (40 CFR 

### § 50.8). Second, anyrevisionto Regulation 11 mustensurecompliance

### withthe Denverarea 1­ hourozone,

### PM1o, and carbonmonoxidenlaintenance plans. Regulation 11 wasrelied uponto supportredesignation ofthe Denvermetro areafrom nonattainmentto attainmentforthese pollutants. Thus any revisionmustcontinueto provide as stringentprotectionofair quality as·is providedthroughthese maintenanceplans. Third, anyrevisionto Regulation 11 mustbebasedontile bestavailable scientific data regardingthehealtheffects ofairpollution. Recentfmdings bycleanair scientist and physicians, for example, have determined.that 8-hourozone concentrationsaslowas 60partsper billioncan pose adverse effectsto children, seniors, those

### with asthma, and others. Althoughthe current 8-hourozoneNAAQS ishigherthan 60partsperbillion, in orderto ensurefull protection ofhumanhealth andwelfare, anyrevisionto Regulation 11 mustbebasedonthe best available scientificdataregardingthehealth effects ofairpollution. Respectfully submittedthis 17th 

### dayofApril 2007.

2

# Statement ofBasis, Specific StatutoryAuthority and PurposeXIX. AMENDMENTS ADOPTED JUNE 21,2007 The purpose ofthis rulemaking is to allow the option of using a low emitting vehicle index in place of a second remote sensing clean screen measurement for clean screen program eligibility. Federal Requirements Federal requirements allow substitution of program elements or criteria contained in a State Implementation Plan when such new program element or criteria gives equal or greater air quality benefits than the program element or criteria replaced. Rule modifications adopted at this rule making are intended to produce similar air quality benefits as the old rule. Statutory Authority The.Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to implement the clean screen and high emitter programs set out in sections 42-4-306(23),42-4-307(12), and 42-4-310(5) C.R.S. Specific statutory authority for this rule change is set out in section 42-4-306(23), C.R.S. General authority for this regulation is contained in the Colorado Air Pollution and Control Act (Colorado Act) sections 25-7-105, and 25-7-109, C.R.S., which authorize the Commission to promulgate air emission control regulations to control air pollutants and to implement a State Implementation Plan (SIP) for maintenance ofair quality. Findings Pursuant to**25~7-110.8,** C.R.S. This rule modification is intended to make the Clean Screen Program more convenient to the public and increase the cost effectiveness ofthe program. It is administrative in nature, .and is not intended to be more stringent than existing rule. Therefore requirements of25-7-110.8 do not apply to the April 2007 rule revisions because these revisions do not establish new requirements intended to reduce air pollution. Factual and Policy issues For Commission To Decide The requested rulemaking action is designed as a step to implement HB1302 requirements to increase the use of remote sensing to clean screen vehicles in the 1M Program. The requested rulemaking is not anticipated·to raise any significant factual, policy or legal issues, but rather to improve the efficiency ofthe 1M Program, to reduce its regulatory burden, and to help facilitate the eventual implementation ofa highemitter program as required by statute. ScientificlTechnical Rationale The proposed rule is designed to implement the requirements in HB06-1302 for increasing the use of remote sensing in the 1M Program and for building a framework for a high-emitter program. The scientific and technical basis for the specific revisions in this rulemaking are generally accepted results found in reports developed under the direction ofthe Colorado Air Quality Control Commission and the Air Pollution Control Division, including reports conducted by the state contractor, Envirotest, for the State of Colorado, such as the Greeley Study Report which EPA relied upon in developing its guidance for remote sensing programs. Rule Portions Not Specifically Required by the Federal Act The Federal Act does not specifically require this rule, nor is it more stringent than requirements ofthe federal act. rather, it provides a means to more efficiently meet current requirements ofthe state implementation plan as now reqUired under the federal act. In addition, as addressed above, this rule meets requirements under state law to improve the clean screen program.Further, these revisions will include any typographical and grammatical errors throughout the regulation.

# Opinion ofthe Attorney GeneralJOHNW. SUTHERS STATE SERVICES Attorney General 

## STATE OF COLORADO BUILDING DEPARTMENTOFLAW CYNTHIA H.COFFMAN 1525 Shennan Street

- 7th Floor Chief**I':~~puty** Attorney General OFFICE OFTHE ATTORNEY Denver, Colorado 80203 DANiELD. DOMENICO GENERAL Phone (303) 866-4500 Solicitor General Fax (303) 866-5691 Tracking Number: 2007-00164 OPINION OFTHE ATTORNEY GENERALRENDERED IN

CONNECTIONWITH THE RULESADOPTED BYTHE Air QualityControlCommission ON 06/21/2007

5CCR 1001-13 REGULATION No.II MOTORVEHICLE EMISSIONS INSPECTION PROGRAM The above-referenced rules were submitted to this office on 06/27/2007 as requiredby section 24-4-103, C.R.S. This office has reviewed them andfmds no apparent constitutional orlegal deficiency in their form or substance. July09,200708:55:15 MST

JOHN W. SUTHERS Attorney General byDANIELD. DOMENICO SolicitorGeneral

# Regulation as Published in the CCR© 2007 State ofColorado 30 CR 8, 08-07 Page 7 All Rights Reserved

9. UCatalytic Converter" is a post-cornbustion device that oxidizes HC and CO gases and/or reduces oxides of nitrogen. 10. "Certification" means assurance by the authorized source, whether it is a laboratory, the manufacturer, or the State, that a specific product or statement is in fact true and meets all required accreditation requirements. 11. "Chlorofluorocarbon" (CFC) is a class I stratospheric ozone depleting compound as listed in ap­ pendix A, final rule vol.57.mp 147 Federal Register, 40 CFR part 82. 12. uClean Screen Inspection Site" is that location within the program area as defined in Section 42-4­ 304(20)(a), C.R.S., approved by the Division and the Department of Revenue. 13. uCiean Screen Inspector" is a person found qualified by the Division, and licensed by the Executive**Dir~ctor** to operate Clean Screen Inspection equipment. 14. "Clean Screen Program" is that program as defined in Section 42-4-304(3.5), C.R.S. 15. uClean Screened Vehicle" is a vehicle that is eligible for inspection, has at least two consecutive passing remote sensing emissions readings performed on different days or at different approved Clean Screen Inspection Sites priorto its registration renewal date, or for vehicles identified as low emitters on the low emitting vehicle index, one passing remote sensing reading prior to its registration date, and has otherwise complied with the provisions ofsection IV ofthis Part A, section XII of Part C and section VI of Part F. 16. "Clean Screen Data Manager" is that person or entity that contracts with the state to provide clean screen data management functions. This same person or ent.ity may also act as general contractor in conducting and facilitating clean screen inspections. 17. "Colorado '94" refers to those test analyzer systems that are based on BAR 190 but modified as specified by the Division for use in the AIR Program forthe period oftime after January 1,1994. 18. Colorado Automobile Dealer Transient Mode TestAnalyzer System is a dynamometer based inspection system capable of performing an inspection grade (IIG 240) emissions inspection procedure under simulated driving conditions. The procedure is intended for determining the compliance status for used vehicles prior to retail sale. 19. uCompliance" means verification that certain submission data and hardware submitted by a manufacturer for accreditation consideration, meet all required accreditation requirements. 20. "Division" is the Air Pollution Control Division ofthe Colorado Department of Public Health and Environment. 21. "Electrical, Electronic, or Electro-mechanical Span" is the adjustment ofan exhaust gas analyzer using an electronic signal rather than a calibration or span gas as a reference source. 22. uEmissions Control Systems" are those parts, assemblies or systems originally installed by the manufacturer in or on a vehicle for the purpose of reducing emissions. 23. "Executive Director ofthe Department of Revenue" or "Executive Director" is the representative of the Department of Revenue or designee responsible for the field enforcement ofthe AIR Program, licensing ofemissions mechanics, clean screen inspectors and inspection stations.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 8 30 CR 8, 08-07

24. "Fuel Control Systems" are those mechanical, electro-mechanical, galvanic or electronic parts or assemblies that regulate the air/fuel ratio in an engine for the purpose of providing a combustible charge. 25. "Fuel Filler Neck Restrictor system" is the orifice and obstruction ("Flapper Door") in the gas tank filler neck that prevents the insertion ofa "leaded gasoline" nozzle and deters the introduction of "leaded fuel". 26. "Gas Span" is the adjustment ofan exhaust gas analyzerto correspond with known concentrations of span gases. 27. "Gas Span Check" is a procedure using known concentrations ofspan gases to verify the gas span adjustment ofan analyzer. 28. "Gross Vehicle Weight (GVW) Rating" is the maximum recommended combined weight ofthe motor vehicle and its load as prescribed by the manufacturer and expressed on a permanent identification label affixed to the motor vehicle. 29. "Heavy Duty Vehicles (HDV)" are those motor vehicles for model years 1978 and earlier having a GVW rating ofgreaterthan 6000 pounds and for model years 1979 and newer, having a GVW rating ofgreaterthan 8,500 pounds. 30. "Idle Mode" means a condition where the vehicle engine is warm and running atthe rate specified by the manufacturer's curb idle, where the engine is not propelling the vehicle, and where the throttle is in the closed or idle stop position. 31. ""Ignition Systems" are those parts or assemblies that are designed to cause and time the ignition ofa compressed air/fuel charge. 32. "Inspection Area" is the area that is occupied by the analyzer, sample hose and the vehicle being inspected. 33. "Inspection-only station" is that licensed station within the basic program area as defined in Section 42-4-304(2), C.R.S., which meets the requirements ofSection 42-4-308, C.R.S., which facility the operator is licensed to operate by the Executive Director as an inspection-only station. 34. "lnstrL,Jment" is the complete system that samples and reads out the concentration of pollutant HC and CO gas plus CO2 gas. The instrument includes the sample handling system, the exhaust gas analyzer and the enclosure cabinet. 35. "Light Duty Vehicles (LDV)" are those motorvehicles (to include trucks) for model years 1978 and earlier having a GVW rating of6,000 pounds or less and for model years 1979 and newer having a GVW rating of 8,500 pounds or less. 36. "Low Emitting Vehicle Index" refers to a statistical table summarizing the probability ofvehicles passing the IM240 inspection. The statistical table will be updated annually by each July 1st. The low emitting vehicle index must meet the requirements of Part F, VI.B. based on a"tabulation of the previous calendar year's IM240 inspection program results. 37. "Motor Vehicle Emissions Compliance Inspectors (ECI)" are those persons employed and authorized by the Department of Revenue for licensing and enforcement ofthe AIR Program. 38. "Original Condition" means the condition as installec;J by the manufacturer but not necessarily to the original level ofeffectiveness.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2007 StateofColorado 30 CR 8, 08-07 Page 9 All Rights Reserved 39. "Program Area" is that geographic area defined in Section 42-4-304(20), C.R.S. 40. "Registration Renewal Date" is the last day ofthe month in which the vehicle registration expires as defined in Section 42-3-103, C.R.S. 41. "Span Gases" are gases of known concentration used as references to adjust orverify the adjustment ofan exhaust gas analyzer's span settings. 42. "State Emissions Technical Center Personnel" are those persons employed by or authorized by the Department of Health for technical or administrative support ofthe AIR Program. 43. "TestAnalyzer Systems" (TAS) in the context ofthis regulation is that analytical instrumentation used to measure automotive emissions and promptthe operator through other elements ofan emissions inspection.**~,**

. 44. "True Concentration" is the concentration ofthe gases of interest as measured by a standardized instrumentwhich has been calibrated with 1% precision gases traceable to the National Institute for Standards and Technology. 45. "Zero Gas" is a gas, usually air or nitrogen, which is used as a reference for establishing orverifying the zero point ofan exhaust gas analyzer. III. EXEMPTION FROM SECTION 42-4-314, C.R.S. FOR DEPARTMENT OF DEFENSE PERSONNEL PARTICIPATING IN THE PRIVATELY OWNED VEHICLE IMPORT CONTROL PROGRAM III.A. U.S. Department of Defense (DOD) personnel participating in the DOD POV (privately owned vehicle) Import Control Program operating a 1975 or subsequent model year automobile, are exemptfrom the prohibition ofC.R.S., 42-4-314(2), C.R.S. insofar as it pertains to filler neck restrictors, catalytic converter systems, and, ifapplicable, exhaust gas oxygen (02) sensor(s), ifone ofthe following conditions are met: III.A.1. The automobile will be driven to the port and surrendered for exportation under said program within ten (10) working days ofdisconnection, deactivation, or inoperability ofthe restrictor, catalytic converter systems, or exhaust gas oxygen (02) sensor(s); or III.A.2. The reconnection, reactivation, or reoperability ofthe restrictor, catalytic converter systems, and, ifapplicable, exhaust gas oxygen (02) sensor(s), is made within ten (10) working days from the time the owner picked up the automobile at the port. III.B. Persons disconnecting, deactivating, or rendering inoperable any filler; neck restrictor, catalytic converter system, exhaust gas oxygen (02) sensor(s) on 1975 or subsequent model year automobile of DOD personnel participating in the DOD POV Import Control Program which will be driven to the portand surrendered for exportation under said program within ten (10) working days are exemptfrom the prohibition of42-4-314, C.R.S. III.C. Unless otherwise exempt underthis section III of part A, vehicles shall be required to be configured as a vehicle certified by the EPAfor sale and use within the United States pursuant to 40 CFR, Part 86, SUbpartA.

CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 10 30 CR 8, 08-07

IV. CLEAN SCREEN/REMOTE EMISSIONS SENSING IV.A. Geographic Area ofApplicability IV.A.1. The Clean Screen Program shall initiate as established in Section 42-4-306(23), C.R.S., in the Larimer and Weld County elements ofthe basic program area as defined in Section 42-4-304(2), C.R.S. IV.A.2. The division shall implement an expanded clean screen program in the enhanced program area. IV.A.3. The EI Paso county portion ofthe basic emissions program area shall be excluded from the clean screen program. IV.B. Vehicles Eligible to participate in the Clean Screen/Remote Emissions Sensing Program IV.B.1. The clean screen program established in this sUbpart IV of Part A shall apply to eligible motor vehicles as defined in 42-4-310(5)(a), C.R.S.,



### 5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2007 State ofColorado 30 CR 8, 08-07 Page 33 AU Rights Reserved

XII.A.3. Vehicles are eligible for participation in the Clean Screen Program when the two most recent consecutive emissions readings observed during the 12-months prior to its registration date comply with the standards specified in Part F (VI) and: the most recent passing emissions reading occurred on a different day or at a different site location from the prior reading. Additionally, vehicles that are identified as low emitters on the low emitting vehicle index are eligible for participation in the clean screen program when the most recent emissions reading observed during the 12-months priorto their registration date complies with the standard specified in Part F, Section VI. XII.A.4. The following vehicles are ineligible for participation in the Clean Screen Program: XII.A.4.a. New Vehicles as specified in Section 42-4-310(b)(II)(A), C.R.S. XII.A.4.b. Vehicles involved in a change of**o~nership.** X'II.A.4.c. Vehicles owned by the United States government or any agency thereof or by the State of Colorado orany agency or political subdivision thereoft pursuant to Section 42-4-310(1)(b)(I), C.R.S. XII.B. A licensed Clean Screen Inspector must perform aU aspects ofthe inspection. XII.C. Clean Screen TestAnalyzer Systems



## . XII.C.1. Vehicles participating in the Clean Screen Program'shall be tested as specified in this Part C utilizing a Clean Screen Test Analyzer System recognized by the Division as having complied with the performance and design requirements specified in Part B (IX) ofthis regulation. XII.C.2. Clean Screen TestAnalyzer Systems will be periodically calibrated and maintained as required in Part B (IX) ofthis regulation. XII.C.3. The inspection data processing system(s) used by the Data Manger and Clean Screen Inspectorwill be that approved by the Division, and the Department of Revenue. XII.D. Vehicle owners participating in the Clean Screen Program are not subject to the provisions of Part C (I) through (XI). XII.E. Certification of Emissions Control. In orderto obtain a Certificate of Emissions Control the follOWing conditions must be met: XII.E.1. The vehicle emissions levels are the same as or less than the limits specified in Part F, (VI). XII.E.2. The most recent two consecutive emissions readings were observed within twelve months ofthe registration renewal date provided that the most recent passing emissions reading must have occurred on a differentday or at a different site location from the prior reading. XII.E.3. No non-complying emissions readings are observed between or subsequentto the last pair of complying readings.



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-13Page 34· 30 CR 8, 08-07

XII.E.4. For vehicles that are identified as low emitters on the low emitting index the most recent emission reading was observed within 12-months ofthe registration renewal date. Forthesevehicles, identification as a low emitter on the low emitting vehicle index shall take the place ofthe second remote sensing reading otherwise required under Section XII.E.2., above.

5 

### CCR 1001-13 

### CODE OF COLORADO REGULATIONS© 2007 State ofColorado 30 CR 8, 08-07 Page 57 All Rights Reserved

MODEL YEAR 

# He 

# co NOx 1982 4 45 8 1983 4 30 8 1984 4 30 8 1985 4 20 8 1986 3 20 6 1987 3 20 6 1988 3 20 6 1989 3 20 6 1990 3 20 6 1991 2.5 20 6 1992 2.5 20 6 1993 2.5 20 6 1994 2 20 6 1995 2 20 4 1996 2 20 4 1997 2 20 4 1998 and newer 2 20 4 III.A.2. The following emissions standards shall apply to those tests performed on model year 1996 and newer vehicles, on and afterJanuary 1, ofthe dates specified. CALENDAR YEAR 

# He co NOx 2002 1.2 20 3.0 2003 1.2 20 3.0 2006 0.6 10 1.5 III.B. Light-Duty Trucks (equal to or less than 8,500 Ibs. G.V.W.R.) 111.8.1. The following emissions standards shall apply to those tests performed on and after
- January 1, 1999. MODEL YEAR 

# He co NOx 1982 8 65 12 1983 

### 6 65 12 1984 6 55 12 1985 

### 6 45 12 1986 

### 6 40 9 1987 4 30 9 1988 4 25 9 1989 4 25 9 1990 4 25 9 1991 4 25 9 1992 4 25 9 1993 4 25 9

, . 1994 4 20 9



## .. 1995 4 20 9

CODE OF 

### COLORADO REGULATIONS 5 CCR 1001-13Page 58 30 

### CR 8, 08-07

MODEL YEAR HC CO 1996 1997 1998 and newer 4 4 4 20 20 20 

### 9 9 9 III.B.2. Thelollowing emissions standards shall apply to those tests performed or 1998 and newervehicles on and afterJanuary 1, 2015. MODEL YEAR HC CO NOx 1998 AND NEWER 4204 III.C. REPEALED IV. EVAPORATIVE EMISSIONS CONTROL STANDARDS System Integrity - A gas cap integrity check to assess the degree of leakage between the fuel filler neck sealing surface and the gasoline cap sealing surface shall be performed on all model year 1975 and newervehicles. IV.A. Pressure decay ofthe gasoline cap to filler neck sealing surfaces shall not exceed six (6) inches ofwater over a ten (10) second period, or IV.B. The gasoline cap flow rate shall be compared to an orifice with a National Institute of Standards and Technology (NIST) traceable flow rate that will result in a pass/fail flow rate threshold of60 cc/minute ofair at 30 inches ofwater (column). The pressure test set out in this subsection shall not be federally enforceable and shall not be incorporated intothe State Implementation Plan. V. VEHICLES SHALL NOT EXHIBITANY CONTINUOUS GRAY, BLUE, BLUE-BLACK, OR BLACK SMOKE OF GREATER THAN 5% OPACITY FROM THE ENGINE CRANKCASE AND/OR TAILPIPE(S) DURING ANY ENGINE OPERATING CONDITIONS OF APPLICABLE INSPECTION PROCEDURES. VI. CLEAN SCREEN PROGRAM MAXIMUM ALLOWABLE EMISSIONS LIMITS VI.A. In order to obtain a Certificate of Emissions Control through the Clean Screen Program, vehicles must not exceed maximum emissions concentrations of0.50 percent carbon monoxide (CO) and 200 parts per-million hydrocarbon (HC) as reflected in remote sensing emissions readings. V.I.B. Vehicle owners who participate in the Clean Screen Program shall not be subject to the provisions ofthis Part F otherthan this section VI. VI.B.1. On or before July 1 st ofeach year the Air Pollution Control Division shall develop a low emitting vehicle index based on a tabulation ofthe previous calendar year's IM240 inspection program results for specified**m~ke,** model and model year of vehicles. VI.B.2. A 98% passing rate for exhaust emissions shall be set as the minimum allowable passing criteria forthe low emitting vehicle index. VI.B.3. In developing the low emitting vehicle index, the Division may use passing criteria greaterthan 98% if necessary to ensure that the use ofthe low emitting vehicle index is equivalent to or better than the use ofa second remote sensing measurement in terms of air quality benefits.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2007 State ofColorado 30 

### CR 8,08-07 Page 64.17 AU Rights Reserved

XVIII. AMENDMENTS ADOPTED NOVEMBER 17,2005. The purposed ofthis rulemaking is to implement provisions contained in HB05-1214 that eliminate the inspection requirement for vehicles that have not yet reached their fourth model year registering in the 1M Program area for the first time. Another purpose ofthis revision is to prevent a change in emissions standards scheduled to take effect on January 1, 2006 for 1996 and newer light-duty vehicles. The standards scheduled to take affect on January 1, 2006 were overly stringent, and were likely to result in an unacceptable number ofufalse failures". A false failure occurs when a vehicle fails the emissions test even thought there is nothing wrong with the vehicle. The effect ofthe rule change is to maintain the status quo. The provisions amended in this rule change are not more stringent than federal requirements. Statutory Authority The Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to implementthe program set out in section 42-4-306(1), C.R.S. and the authority to set emissions standards provided by section 42-4-306(6)(b}. Findings Pursuantto 25-7-110.8, C.R.S. The requirements of25-7-110.8 do not apply to the November2005 rule revisions because these revisions do not establish new requirements intended to reduce air pollution. Instead, these revisions implement state statute and lessen the cost and burden ofthe automobile inspection and readjustment program. XIX. .AMENDMENTS ADOPTED JUNE 21,2007 The purpose ofthis rulemaking is to allowthe option of using a low emitting vehicle index in place ofa second remote sensing clean screen measurementfor clean screen program eligibility. Federal Requirements Federal requirements allow substitution of program elements or criteria contained in a State Implementation Plan when such new program element or criteria gives equal or greater air quality benefits than the program element or criteria replaced. Rule modifications adopted at this rule making are intended to produce similar air quality benefits as the old rule. Statutory Authority The Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to implementthe clean screen and high emitter programs set out in sections 42-4-306(23}, 42-4-307(12}, and 42-4-310(5}C.R.S. Specific statutory authority for this rule change is set out in section 42-4-306(23), C.R.S. General authority for this regulation is contained in the Colorado Air Pollution and Control Act (Colorado Act) sections 25-7-105, and 25-7-109, C.R.S., which authorize the Commission to promulgate air emission control regulations to control air pollutants and to implement a State Implementation Plan (SIP) for maintenance ofair quality. Findings Pursuant to 25-7-110.8, C.R.S. This rule modification is intended to make the Clean Screen Program more convenient to the public and increase the cost effectiveness ofthe program. It is administrative in nature, and is not intended to be more stringent than existing rule. Therefore requirements of25-7-110.8 do not apply to the April 2007 rule revisions because these revisions do not establish new· requirements intended to reduce air pollution.

CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 64.18 30 CR 8, 08-07

Factual and Policy issues For Commission To Decide The requested rulemaking action is designed as a step to implement HB1302 requirements to increase the use of remote sensing to clean screen vehicles in the 1M Program. The requested rulemaking is not anticipated to raise any significant factual, policy or legal issues, but rather to improve the efficiency ofthe 1M Program, to reduce its regulatory burden, and to help facilitate the eventual implementation of a highemitter program as required by statute. ScientificlTechnical Rationale The proposed rule is designed to implementthe requirements in HB06-1302 for increasing the use of remote sensing in the 

### 1M Program and for building a framework for a high-emitter program. The scientific and technical basis forthe specific revisions in this rulemaking are generally accepted results found in reports developed underthe direction ofthe Colorado Air Quality Control Commission and the Air Pollution Control Division, including reports conducted by the state contractor, Envirotest, forthe State of Colorado, such as.the Greeley Study Report**whi~h** EPA relied upon in developing its guidance for remote sensing programs. Rule Portions Not Specifically Required by the Federal Act The Federal Act does notspecifically require this rule, nor is it more stringent than requirements ofthe federal act. rather, it provides a meansto more efficiently meetcurrent requirements ofthe state implementation plan as now required underthe federal act. In addition, as addressed above, this rule meets requirements understate lawto improve the clean screen program. Further, these revisions will include anytypographical and grammatical errors throughout the regulation.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2007 State ofColorado 30 CR 8, 08-07 Page 99 AII Rights Reserved

PDF 1000 SCANNER PERFORMANCE CHARACTERISTICS Type: Raster scanning, retro-collective Scan Element Low mass, single mirror, resonant Light Source: 6.75 nm. Laser diode Pattern Size: At 9 in. (22.8 cm) from the nose ofthe scanner, the pattern is 7 in. (17.8 cm) horizontally and 2.6 in. (6.6 cm) vertically Scan Rate: 560 scans/sec. 280 Hz .:!: 10Hz (horizontal) Frame Rate: 22 frames/sec. 11 Hz.:!: 1 Hz (vertical) Optical Resolution Can decode a 6.6 mil X-dimension symbol (PDF417); V-dimension must be 3X Haz Size of PDF 417: 5.9 in. (15cm) wide x 2.3 in. (5.8 cm) high (928 code words, at security level 0-8) PHYSICAL CHARACTERISTICS Pitch Tolerance: .::!: 30 n (tifront and back") Skew: 15n plane parallel to symbol ("side to side") Rotational Tolerance: 

### :!: 3" (assuming 3:1 codeword module aspect ratio) Dead Zone/Optical Throw Print: 

### :!: 2" (1 0 symbologies) or 9" (PDF417) from beam direction Print Contrast Resolution (min): 25% (1-0 symbologies) or 35% (PDF417) absolute dark/light reflectance differential, measured at 675 nm Ambient Light Immunity: 8000 ft-candles (86100 LUX) ofsunlight Humidity: 5 to 95% relative humidity (non-condensing) Shock: Unit functions normally after 4ft (1.2m) dropto concrete Environmental Scaling: MIL-STD-810d windblown dust and rain Operating Temperature: 140 to 1040 F (-10° to 40°C)

Storage Temperature: -40° to 1400 F (-40° to 60°C) Coil Cable Length: 6 ft. (183cm) Weight 10.4 oz (295gm) without cable Dimensions: 7.2 in. (18.2 cm) H x 4.2 in. (10.7cm) Lx L7 in. (4.3 cm) W Laser Class: CDRH Class 11, IEC 825 Class II

CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 100 30 

### CR 8, 08-07

PL 140 Decoder/Interface Decode Capabilities: 2-D symboiogyPDF417 (up to 928 code words at security level 0-8). 1-D Symbologies: UPC-A, UPC-E, EAN-8, EAN-13, Code 39, Code 39 Full ASCII, Code 128, Interleaved 2 of5, Codabar. Memory: 64K x 32-bit PROM; 32K x32-bit RAM (128K ram OPTION); 256 X 16 bits EEPROM for system parameters Humidity: 5-95% relative humidity (non-condensing) Shock: 4-ft. (1.2m) drop to concrete Environmental Sealing: Environmentally sealed against dust and rain (with battery pack attached) Operating Temperature: 14° to 104° F (-10° to 40° C)

Storage Temperature: -40° to 140° F (-40° to 60°C) Weight: 11.2 oz. (318 gm) With batter pack 27.8 oz. (788.13 gm) Dimensions: 4.0 in. (10.2 cm) high x 4.0 in. (10.2cm) long x 1.4 in. 13.6 cm wide (2.8 in (7.1 cm wide with batter pack) Agency Approvals: FCC Class A, UL, CSA, VDE Power Requirements: DC Power: 11 VDC from wall transformer or 6 VDC from Battery Pack. Wall transformer power requirements: 115VAC @ .15A, 220/240 VAC @ .075A, 100V @ .15A. Pack will support several thousand scans per 8-hour shift. Actual numberdepends on PDF417 symbol size and mix of 1D bar codes scanned.



### 5 CCR 1001-13 

### CODE OF COLORADO REGULATIONSw­ © 2007 State ofColorado 30 CR 8, 08-07 Page 101 All Rights Reserved 

### ATTACHMENT II 

### TO THE TECHNICAL SPECIFICATION APPENDIX A THERMAL TRANSFER PRINTER STANDARD FEATURES • Online/Off line Operation • ThermallThermal Transfer • Extremely High doc density (203 dots/inch. 8 dots/mm**~.** . • Print speed 

### 6 inches plus per second • Media width 5.25 • Print width 5.10" • Large maximum media size 5.25-WX 60 L • User-selectable barcode ratios • Internal take-up mechanism • External rewind mechanism • Print material. Label and lag stock • Label presentation • Print head temperatures software selectable • Easy - load ribbon • Alpha-numeric keypad • LCD Display 2X20 • 512K ofon board Ram Expandable'to 8 MB • Rotation oftext and bar codes 90. 

### 180and 270 including human readable • Date and Time Clock • Label back feed for cutting and dispensing modes • Intelligent Formats PRINT MODES Three print modes are standard • Batch - printing one or more labels with or without backing paper • Rewind - printing a batch of labels and rewinding • Present Mode - Present sensor stops each label for presentation before delivering the next label BAR CODES • Code 39 • Interleave 2 of5



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-13Page 102 30 

### CR 8, 08-07

• Codabar • Code 128 A. B, and C subsets • UPC-A and E • UPC addendum codes 2 and 5 digits • UPC random weight • EAN 13 and 8 • Code93 • Universal shipping contained symbology (with fixed or random weight codes) code 39 variations to produce all industry standards such as LOGMARS. HIBCC. and AIAG • Bar code modulus ("x" dimensions): 5 mil to 10 mil in picket or ladder orientation • Bar codes printed with orwithout human readable interpretation FONT STYLES • 12 Scalable Fonts On-Board • Downloadable font support • Downloadable graphics . • Inverse text support

• International language support different language character sets • Inverse image'support MEDIA SPECIFICATIONS • Media type: Roll-fed, die-cut continuous orfan-fold labels, tags ortickets • Material: plain paperthermal transfer orthermal sensitive paper • Sensing: adjustable transmissive sensorfor die cut labels ortags. • Reflective sensorfor use with black marks • Programmable top ofform • Maximum media width: 5.25 • Minimum media width: 

## o. 50' • Maximum media length: 60.0' • Minimum media length: 0.50' • Thickness: 0.0023' to 0.012' (including liner) • Supply roll capacity. 8"(203mm) • Internal rewind capacity: 6"( 152mm) • External rewind capacity: 8"(203mm) • Fanfold stock internal and external capabilities PRINT HEADS • Standard width: 5.1"( 128mm) 8 dotlmm (203 dots/inch. 8 dots/M) • Optional widths available

5 

### CCR 1001-13 

### CODE OF COLORADO REGULATIONS© 2007 State ofColorado 30 CR 8, 08-07 Page 103 All Rights Reserved

• Optional Dot Densities available PRINT SPEED • Standard speed :6tt(152mm) plus per second • Programmable print speeds of 1.5"(38 mm) 3"(72mm) up to 6"(1.52mm) plus per second COMMUNICATION INTERFACE • RS-232C.RS-422. RS-185 • Centronics parallel interface • Robust XON/XOFF. CTS, DTR handshake • Programmable 7 or 8 bit length •**M~ltidrop** protocol • Bidirectional Printerto Host OPTIONS • Ribbon Saver • Cutter mechanism and Tray • Font Data Cards (up to' 1MB) • Application Cards (up to 1 MB) • Graphics Display • Full Alphanumeric keyboard • Scanner Support • User Data Support Cards (up to 1MB) • Twinax 

### &Coax IBM Interfaces MECHANICAL • Height: 10"(254mm) • Width: 11"(279mm) • Depth: 16"(406mm) • Weight: 35 Ibs. (16 kg) ELECTRICAL • Power 110/220 VAC + or - 10% 50/60 Hz at2 amps maximum 100VAC on request • Builtto ULCSA and TUV-GS safety standards and VDE Class 

### Band FCC Class 

### Aemissions standard ENVIRONMENTAL • Operating Temperature: 320 F to 1000 F (00 t040° C) • Storage Temperature:-40F to 1400 F (-40 0 Cto60° C) • Humidity. 10% to 90% non-condensing • Ventilation: Free air movement • Dust: non-conducting, non-corrosive



### CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 104 30 CR 8, 08-07



### ATTACHMENT III TO TECHNICAL SPECIFICATION, APPENDIX A

COLORADO AUTOMOBILE DEALERS TRANSIENT MODE TEST ANALYZER SYSTEM

TRANSIENT MODE TEST SYSTEM TECHNICAL AND HARDWARE SPECIFICATIONS

5 

### CCR 1001-13 

### CODE OF COLORADO REGULATIONS

# Notice ofFinal Adoption

# STATE OF COLORADO

Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to prC?tecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246·1530 8100 Lowry Blvd. Phone (303) 692·2000 Denver, Colorado 80230-6928 TOO Line (303) 691-7700 • Located in Glendale, Colorado (303) 692-3090 

### ColoradoDepartment ofPublicHealth http://www.cdphe.state.co.us 

### andEnvironment 

### NOTICE OFFINALADOPTION PURSUANTto the provisions ofsections 25-7-105, 25-7-105(12), 25-7-114 through 25-7-114.7, 25-7­ 106,25-7-119 and.25-7-132 C.R.S. ofthe Colorado Pollution Prevention and Control Act. NOTICE IS 

### HEREBY GIVEN that after a public rulemaking hearingJune 21,2007, and in compliance with the requirements ofsections 25-7-105,25-7-110, and 25-7-110.5, C.R.S., the Colorado Air Quality Control Commission made revisions to: Regulation Number 11, MotorVehicle Enlissions Inspection Program The Commission adopted revisions to Regulation Number 11. The revisions were adopted in orderto modifythe criteria for clean screening motorvehiclesto permitthe substitution ofa lowemitting vehicle index in lieu ofone remote sensing clean screen reading. This modification is projected to improve the participation rate ofthe Clean Screen Program and further implementthe legislative intent ofHB06-1302 by improvingthe convenience ofthe 1M Program to the motorist. This action was submitted to the SecretaryofState's Office within 20 days after adoption for publication in the Colorado Register, pursuantto 24-4-103(5) and (11)(d), C.R.S., and will become effective August 30, 2007. Additionally, pursuantto 24-4-103(8)(d), C.R.S., within 20 days afterthe date ofthe Attorney General's Opinion, this action will be submitted to the Office ofLegislative Legal Services for review.

. Datedthis 5th day ofJuly 2007 at Denver, Colorado. COLORADO AIRQUALITY CONTROL COMMISSION



### DouglasA. Lempke, Administrator