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 Colorado Department Located in Glendale, Colorado of Public Health 

http://www.cdphe.state.co.us and Environment 

--------­

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 of the materials needed for your review of each action are included with 

this letter. 

>- Interstate Air Pollutant rrransport 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, Part A; 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, but that 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 of this request. rrhe Office ofthe Colorado Air 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. 

Thank you. 

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 of the following administrative materials are included in this submittal of revisions to 

Regulation Number 11: Vehicle Emissions Inspection Program. Hearing held on June 21, 

2007. 

• Hearing Notice and Proposed Language as Published in the CCR 

• Meeting Agenda where Public Hearing Occurred 

• Procedural Documents ofthe Commission 

• Parties, EPA and Public Comments if any. 

• Statement of Basis, Specific Statutory Authority and Purpose for each regulation. 

• Opinion ofthe Attorney General 

• Regulation as published in the CCR 

• Notice of Final Adoption 
Hearing Notice 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 of the people ofColorado 

COLORADO AIR 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 of Public Health TDD (303) 691-7700 

and Environment" 

NOTICE OF PUBLIC RULEMAKING HEARING 

BEFORE THE 

COLORADO AIR QUALITY CONTROL COMMISSION 

Regarding proposed revisions to:
 

Regulation Number 11
 

MOTOR VEHICLE 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 of a low emi~ing vehicle
 

index in lieu of one remote sensing clean screen reading. This modification is projected to improve the
 

participation rate of the Clean Screen Program and further implement the legislative intent of HB06­


1302 by improving the convenience ofthe 1M Program to the motorist.
 

FEDERAL REQUIREMENTS:
 

The federal act does'not require the Commission to make any of the rule revisions that are the subject of
 

this Notice of Public Rulemaking Hearing.
 

A proposed Statement of Basis, 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 prior to the hearing.
 

The proposed language for the rule revision is attached to and made a part of this notice.
 

HEARING SCHEDULE:
 

DATE: June 21, 2007
 

TIME: 9:00 AM
 

PLACE: Colorado Department of Public Health & Environment
 

4300 Cherry Creek Drive South, Sabin Conf Room
 

Denver, Colorado
 

The hearing may be continued at such places and time as the Commission may announce. 

The Commission shall deliberate upon the evidence; testimony and written submissions presented at this 

hearing, as well as any related matters properly submitted before the hearing record is closed. 

Page 1 of3 
PUBLIC COMMENT:
 

The Commission encourages all interested persons to provide their views either orally at the hearing or
 

in writing prior to or at the hearing.' The Commission especially solicits comments and analyses from 

persons who will incur directly some cost or benefit from the proposed revisions. Public testimony will 

be taken as close to the start of the hearing as possible and during the hearing as necessary. Written 

submissions prior to the hearing are requested to allow review prior to presentation at the hearing. 

Written submissions should be mailed to the Commission Office at least 14 days prior to the hearing. 

PARTY STATUS: 

In order to 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 of a written petition for 

party status must be filed with the Office of the Air Quality Control Commission no later than 5:00 p.m. 

ApriI2Q,2007. The petition must: 1) identify the applicant; 2) provide the name, address, and 

telephone andfacsimile numbers ofthe applicants representative; and 3) briefly summarize what~ ~f any, 

policY,factual, and legal issues the applicant has with the proposal(s) as ofthe time offiling the 

application. Copies of the petition for party status must also be received, by this same date, by the 

Division staff person and the Assistant Attorneys General representing the Division and the Commission 

identified below. 

Individuals may also obtain party status through the submittal of an initial alternative rule to the 

proposed rule. The submittal of an 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 of the Commission by the date specified for party 

status requests. Initial alternative rules must also be filed with the Division staff person 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 Creek Drive 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 beyond the above stated deadline shall only be considered upon a written motion for 

good cause shown. The Commission reserves the right to deny party status to anyone that does not 

comply with the Commission's procedural rules. 

STATUS CONFERENCE: 

A status conference will be held April 30, 2007 at 10:00 a.m., at the Department of Public 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 prior to the submission of prehearing 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 of a preliminary prehearing 

statement to the Commission Office by 5:00 p.m., May 14, 2007. In addition, copies ofthese 

documents must be mailed or hand-delivered by that date to all persons who have requested party status. 

A copy of the prehearing statement must also be delivered to the Division point of contact and each of 

the Assistant Attorney's General identified above by 5:00 p.m. May 14, 2007. Any revisions 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 review prior to the hearing, provided the party files twenty (20) 

copies of such exhibit. Rebuttals to the prehearing statement may be submitted to the Commission 

office and all other parties by 5:00 p.m., May 28, 2007. 

STATUTORY AUTHORITY FOR THE COMMISSION'S ACTIONS: 

The 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 and to implement a State Implementation Plan (SIP) for maintenance of air 

quality. 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. 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 of the 

Commission and as otherwise stated in this notice. This list of statutory authority is not intended as an 

exhaustive list of the Commission's statutory authority to act in this matter. 

Dated this 16th day of February 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 of time 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 prior to 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 of this 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 

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. 

(Renumber follow-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 of this 

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 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 PRIOR TO THEIR REGISTRATION DATE COMPLIES WITH THE 

STANDARD SPECIFIED IN PART F., SECTION VI. 

XII.E.4.	 FOR VEHICLES THAT ARE 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 new VI.B.1., VI.B.2, and VI.B.3.: 

VI.B1. ON OR BEFORE JULY 1ST 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, MODEL AND 

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 EQUIVALENT TO, 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 

PDF 1000 SCANNER 

PERFORMANCE CHARACTERISTICS 

Type: 

Scan Element 

Light Source: 

Pattern Size: 

Scan Rate:
 

Frame Rate:
 

Optical Resolution
 

Haz Size of PDF 417: 

Pitch Tolerance:
 

Skew:
 

Rotational Tolerance:
 

Dead Zone/Optical Throw Print:
 

Print Contrast Resolution (min):
 

Ambient Light Immunity:
 

Humidity:
 

Shock:
 

Environmental Scaling:
 

Operating Temperature:
 

Storage Temperature:
 

Coil Cable Length:
 

Weight
 

Dimensions:
 

Raster scanning, retro-collective 

Low mass, single mirror, resonant 

675 nm. Laser diode 

At 9 in. (22.8 em) from the nose of the 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 ± 1 Hz (vertical) 

Can decode a 6.6 mil X-dimension symbol (PDF417); V-dimension 

must be 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) of sunlight
 

5 to 95% relative humidity (non-condensing)
 

Unit functions normally after 4ft (1.2m) drop to 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) W 
Laser Class: CDRH Class II, IEC 825 Class II 

PL 140 DECODER/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 of 5, Codabar. 

Memory: 64K x 32-bit PROM; 32K x32-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. (1 0.2cm) 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: 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 of ID bar codes scanned. 

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

THERMAL TRANSFER PRINTER 

STANDARD FEATURES 

• On line / Off line 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 of on 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 

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 of 5 

•	 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 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 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 

•	 Media type: Roll-fed, die-cu~, continuous or fan-fold labels, tags or tickets 

• Material: plain paper thermal transfer or thermal sensitive paper
 

.• Sensing: adjustable transmissive sensor for die cut labels or tags.
 

•	 Reflective sensor for use wit black marks 

•	 Programmable top of form 

•	 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) 

•	 Supply roll 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 available 
PRINT 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 

COMMUNICATION INTERFACE 

•	 RS-232C. RS-422, RS-185 

•	 Centronics parallel interface 

•	 Robust XON/XOFF, CTSIDTR handshake 

•	 Programmable 7 or 8 bit length 

•	 Multidrop protocol 

•	 Bi-directional Printer to Host 

OPTIONS 

•	 Ribbon Saver 

•	 Cutter mechanism and Tray 

•	 Font Data Cards (up to 1MB) 

•	 Application Cards (up to 1 MB) 

•	 Graphics Display 

•	 Full Alphanumeric key board 

•	 ScannerSupport 

•	 User Data Support Cards (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 at 2 amps maximum 100 VAC on request 

•	 Built to UL, CSA and TUV-GS safety standards and VDE Class B and FCC Class A emissions 

standard 

ENVIRONMENTAL 

•	 Operating Temperature: 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 Agenda where Public Hearing Occurred
 
STATE OF COLORADO
 

Bill Ritter, Jr., Governor 

James B. Martin, Executive Director 

COLORADO AIR 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 of Public Health TDD (303) 69) -7700 and Environment 

Notice of Meeting and Agenda
 

Air- Quality Control Commission
 

June 21, 2007 

THE HOLIDAY INN
 

ROCKY MOUNTAIN PARK CONFERENCE CENTER
 

101 South Saint Vrain Avenue 

Columbine & Lake Estes Conference Rooms 

Estes Park, Colorado 

970-586-2332 

10:30 a.m. 

Call to Order: Determination of a Quorum 

Approval of Minutes: Review/Approval of the May 16-18, 2007 

Air Quality Control Commission. 

meeting minutes of the 

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 

owev

ution is

action 

er, item

sue 

on 

s m

not on 

issues 

ay be 
REQUEST FOR WRITTEN COMMENT ONLY RULEMAKING HEARING 

1.	 Regulation Number 8, Part E; MACT Standards 

The Division will ask the Commission to set a hearing date to consider a proposal to adopt 

by reference a set of provisions 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: Smoke Management Program 

(15 minutes presentation, 15 minutes discussion) 

The Air Quality Control Commission will hold a rulemaking hearing to consider revisions to 

the rule to modify the requirements for delegating the program authority to units of local 

government and to increase the requirements for larger instructional and training type fires. 

At the time of the hearing the Division will also discuss the proliferation of the 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 present to a proposal to revise the rule to allow the clean screen program 

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.	 Air Toxics 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 in Northeast Denver. 

6.	 Annual Report to 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 October meeting of the Commission. 

7.	 Remote Sensing Plan 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 of HB 06-1302; and the annual 

reporting on remote 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 December 2006. An update ofthe 

implementation of Regulation 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 of the State Implementation Plan. The Division and Commission will discuss the 

specific elements of the 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 of the 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 of any recent court actions on air quality issues 

13.	 Administrator's Report - Doug Lempke 

•	 Review of June Commission meeting action items 

• Review and discussion of long 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 Park Nitrogen Deposition Reduction Plan 

(45 minutes presentation, 140 minutes public comment/discussion) 

The Division in conjunction with representatives of the National Park Service and US EPA 

Region VIII will present a plan to reduce nitrogen deposition in Rocky Mountain National 

Park. The agencies will discuss their efforts over the past two plus years to explain the 

scientific data, the conclusions of the data, discuss the ongoing efforts, the process of plan 

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 9:00 PM. 

Adjourn 

3 
Agenda Item Control Sheet (AICS) 

(and attachments) 

- Detailed Issue Statement 

Memorandum ofNotice (MON) 

- Economic Impact Analysis (EIA) 
-------------------

COLORADO AIR QUALITY CONTROL COMMISSION
 

AGENDA ITEM CONTROL SHEET
 

Item Title: Regulation No. 11 - Revision to Clean Screen Criteria, allowing a low emitting vehicle index 

to replace one remote sensing measurement 

Meeting date: June 21, 2007 

TYPES OF ACTION 

NON-HEARING ACTIONS REQUEST FOR HEARING HEARING 

- Administrative _ Public Rulemaking -.X Public Rulemaking 

_ Briefing - Informational - Informational ~,

. _Policy 

_Area Designations 

RECOMMENDED ACTION 

-.X Adoption _ Approval Denial -

MOTION 

-.X Required Attached _ Not applicable -

STATUTORY AUTHORITY 

General X Specific _ 

EPA SUBMITTAL 

Is this issue considered a SIP revision? Yes 

Which SIP? 8-hr Ozone EAC), I-hr Ozone 

EPA submission deadline: 

Is this a delegated program? __ 
DETAILED ISSUE 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 of one remote sensing reading for clean screening motor 

vehicles. Development and implementation of a low emitting vehicle index is one of the elements of the 

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 of the 8-hour Ozone Early Action 

Compact. 

At the current time, the EAC permits the state to clean screen up to 50% of the 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 of the index will help fulfill the legislative 

intent of HB06-1302 and improve the convenience of the 1M Program. The index will also enable the 

contractor to 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 with retyped specifications that are readable. 

Policy, Factual and Legal Issues Addressed by the Proposal 

The requested rulemaking is not anticipated to raise any significant factual or legal issues, but rather to 

improve the efficiency of the 1M Program, to reduce its regulatory bu~den, and to help facilitate the 

eventual implementation of a high-emitter program as required by statute. 

Modification will Result in an Increased Number ofClean-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 of an 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 of a second clean screen measurement 

was an acceptable option for their program. 
EPA SIP Approval 

The U.S. EPA has informally indicated that they would accept the use of a low emitting vehicle index 

for one clean screen measurement as part of an enhanced 1M Program. At this time however, EPA has 

not formally expounded this opinion. 

Discussion 

The substitution of a low emitting vehicle index for one clean screen measurement will substantially 

increase the number of vehicles eligible to be considered to be clean screened. As previously stated, it is 

estimated that the eligible number of vehicles for consideration would double, as structured, use of an 

index will not reduce the emission reduction benefits from the current 1M and clean screen program. 

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 by the 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 Impact Analysis 

4. Presentation 

SIGNATURES: 

1. 4-"~~_~~~~ b_-_b_'-_07__

Preparer Date 

2. 

Supervisor Date 

qc.e-­ 3. 

Program Manager Date 

4. 

Division Director Date 
MEMORANDUM OF NOTICE
 

Revisions to Regulation No. 11, Motor Vehicle Emissions Insp~ction Program
 

DATE: January 24, 2007 

TO: All affected and interested parties 

SUBJECT: Revisions to Regulation No. 11, Motor Vehicle Emissions 

Inspection Program 

RE: Proposed Revisions to Regulation No. 11, Motor Vehicle Emissions 

Inspection Program 

EXPLANATION OF THE PROPOSED RULE 

The proposed revisions to Regulation No. 11 will: 

1.	 Modify the criteria for clean screening motor vehicles to permit the substitution of 

a low emitting vehicle index in lieu of one remote sensing clean-screen reading. 

This modification is expected to improve the participation rate ofthe Clean 

Screen Program and further implement the legislative intent of HB06-I302, by 

improving the convenience of the 1M Program to the motorist. 

2.	 Correct certain language and format errors and mistakes contained in the current 

AQCC Regulation Number 11. 

RULEMAKING PACKAGE 

The following are attached to this Memorandum ofNotice: 

The actual language of the proposed revisions to Regulation No. 11. 

Draft Statement ofBasis and Specific Statutory Authority and Purpose. 

The Initial Economic Impact Analysis. 

Statement ofDifferences from Federal Requirements.
 

An explanation of the range of regulatory alternatives, including the no-action
 

alternative, to be considered in adopting the proposed rule.
 
DISCLOSURE OF MATERIALS CONTAINED IN THE PROPOSED RULE 

Section 25-7110.5(3)(b) requires this Memorandum 'ofNotice to include "[a] disclosure of 

materials contained in the proposed rule .... " The proposed rule revisions do not incorporate 

any materials into the rules by reference, or otherwise contain any other materials. 

PLAN FOR MEETINGS ON THE PROPOSED RULE 

The Division does not plan to hold public meetings on the proposed rule. The Division will 

ask the Commission to schedule the proposed rule for a rulemaking hearing to be held on 

April 19, 2007. The Commission will issue a Notice of Rulemaking, which will describe the 

rulemaking process. 

WHAT IS THE PROBLEM, AND HOW DO THE RULE REVISIONS SOLVE THE 

PROBLEM? 

The state legislature passed HB06-1302 that requires an expansion of the remote 

sensing based clean screen program. Modifying the criteria for clean screening motor 

vehicles contained in Regulation No. 11, to permit the substitution of a low emitting 

vehicle index in lieu of one remote sensing clean-screen reading, will be one measure 

in fulfilling the legislative direction of HB06-1302. 

RULE DEVELOPMENT PROCESS 

The proposed rule revisions were internally developed by the Division in consultation with 

the Attorney General's Office. 

EFFECT ON PUBLIC, REGULATED COMMUNITY, OTHER AGENCIES 

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 repair technicians, and fuel industry may be slightly affected 

business wise. 

Implementing the option of a low emitting vehicle index in place of one remote sensing 

measurement would increase the number of vehicles that could be clean screened to up to 

164,000 in 2007 and 169,000 in 2008. This would be an increase of 100% and 80% 

respectively, compared to the base projections for 2007 and 2008. Under these projections, 

20.5% of 1M eligible vehicles in 2007 and 21,15 in 2008 would be clean-screened compared 

to a projected 100/0 without these modifications. 

There would be a slight decrease in business for repair facilities and technicians that would 

correspond to what previous projections for increased clean screening would do, as a small 

percentage of vehicles will be misidentified as being clean, when they would normally fail an 

IM240 test. This would result in a small loss of business for repair facilities and repair 

technicians. Repair costs for vehicles failing their IM240 inspection average $284.59 (for 

calendar year 2005, (2006 1M Report). Ifit is assumed that from 0% to 2% of clean-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 $0 up to $467,000 in 2007 and from $0 up to $428,000 in 2008. 

It is expected that there may be a slight increase in business for fuels providers, as high 

emitting vehicles tend to have lower fuel economy. On avera-ge, vehicles failing their IM240 

inspection are estimated to have increased fuel costs of $300.06 over two 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 $0 up to $25,000 in 

2007 and from $0 up to $23,000 in 2008. This represents loss in repair business balanced out 

by increased fuel sales. . 

Year Additional 

Vehicies 

CleanedScreened 

Number of Falsely 

Passed Vehicles 

if up to 2% are 

Falsely Passed 

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 $0 to $492,000 $0 to $25,000 

2008 oto 75,200 Oto 1504 $0 to $428,000 $0 to $451,000 $0 to $23,000 

SUBSTANTIVE DIFFERENCES WITH FEDERAL REQUIREMENTS AND THE 

REQUIREMENTS OF UTAH, ARIZONA AND NEW MEXICO. 

Section 25-7-11 0.5(3)(h) requires this Memorandum of Notice to include"an explanation of 

the substantive differences with federal requirements and the requirements of Utah, Arizona, 

and New Mexico, where relevant." 

There are inspection maintenance programs in Arizona (Phoenix and Tucson), New Mexico 

(Albuquerque), and Utah (four counties ofthe Wasatch Range; Davis, Salt Lake, Utah, and 

Weber). None ofthem have remote sensing-based clean screen or high emitter identification 

programs. 

Utah and New Mexico have a basic 1M Program that utilizes a two-speed idle test that does 

not use the EPA final IM240 cutpoints. Arizona utilizes a loaded-mode dynamometer test 

that is similar to, but'not the same as the IM240 for their Enhanced 1M Program. Their 

IM137 final cutpoints are designed to limit false failures. 

RULE IMPLEMENTATION 
Beginning when the rule takes effect, Regulation No. 11 clean screen criteria will pennit the 

substitution of a low emitting vehicle index in lieu of one remote sensing clean-screen 

reading. 

TIME CONSTRAINTS 

There are no time constraints. 

CONTACT PERSONS 

For additional infonnation on the proposed rule, please contact either ofthe following 

individuals: 

Shirleen Tucker
 

Air Pollution Control Division
 

(303) 692-3109
 

Shirleen.Tucker@state.co.us
 

Doug Decker
 

Air Pollution 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 proposed rule modification would continue the clean screen 

program as is. Instead of an estimated 164,000 vehicles being clean-screened in 2007 and 

169,000 in 2008, there would only be an estimated 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 of remote sensing in the 1M Program. The proposed 

modifications to Regulation No. 11 provide one of the quickest ways to increase the number 

of vehicles able to be clean screened. 

wFINAL ECONOMIC IMPACT ANALYSIS
 

Per C.R.S. 25-7-110.5(4)(c)(I)
 

for
 

Revisions to AQCC Regulation Number 11:
 

Motor Vehicle Inspection Program
 

June 21,2007
 

FINAL ECONOMIC IMPACT ANALYSIS 

The general requirement that a rulemaking 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 or activity," Sec. 25-7-110.5(2); 5 CCR 1001 § 1.5.3(4). As this 

proposed amendment to Regulation No. 11 would not create significant additional costs, 

but would only make application of the existing rule more efficient, there is no 

requirement for an EIA to establish that the benefits are worth the costs. Although the 

Division is not required to submit an Economic Impact Statement for this petition, it 

nonetheless provides the following analysis to assist the Commission and others in 

evaluating this petition for rulemaking. . 

INTRODUCTION 

The Division is requesting the Commission consider modifying the criteria for clean 

screening motor vehicles to pennit the substitution of a low emitting vehicle index in lieu 

of one remote sensing clean-screen reading. 

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 repair technicians, and fuel industry may be slightly 

affected business wise.' 

Public 

This rule would result in increased convenience to motorists. Implementing the option of 

a low emitting vehicle index in place of one remote sensing measurement would increase 

the number of vehicles that could be clean screened over the next two years. Because the 

number of vehicles that can be clean screened is capped under the SIP, and because it is 

expected that we will approach that cap by the end of 2008 even without adoption of a 
low emitting vehicle index, any financial or air quality costs associated with adoption of 

this rule will be short-term. 

The proposed rule would have minimal cost to the public. An inspection fee of $25 per 

1M eligible vehicle would continue to be paid, either as part of the clean screen process, 

or as part ofthe tradition 1M inspection process. As some small percent of cleanscreened vehicles would have failed their IM240 inspection (false passes) a very small 

cost to motorists will result. High emitting vehicles tend to have poorer fuel economy, so 

use more gasoline. They would, however, avoid repair costs. As described below, it is 

estimated that these motorists will have increased costs of approximately $15 per vehicle 

that is falsely passed. All motorists who are clean screened, however, will receive a 

significant convenience benefit by avoiding the necessity of making a special trip to the 

emission testing centers. 

Industry / Business 

The proposed rule would result in a loss of inspection business 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 or loss. 

There woul4 be a slight decrease in business for repair facilities and technicians that 

would correspond to what previous projections for increased clean screening would do, 

as a small percentage of vehicles will be misidentified as being clean, when they would 

normally fail an IM240 test. This would result in a small loss of business for repair 

facilities and repair technicians. Repair costs for vehicles failing their IM240 inspection 

average $284.59 (for calendar year 2005, (2006 1M Report). 

It is expected that there may be a slight increase in business for fuels providers, as high 

emitting vehicles tend to have lower fuel economy. On average, vehicles failing their 

IM240 inspection are estimated to have increased fuel costs of $300.06 over two years 

(2006 1M Report). 

Technical/Air Quality 

It is being assumed that the use of a low emitting vehicle index will be developed as an 

optional replacement for a second remote sensing measurement, and that it's pass cut 

points will give similar results to a second remote sensing measurement. Thus, no 

additional long term air quality benefit or loss will result. 

Administrative 

There is no administrative burden for rule implementation on the regulated community, 

state, or local agencies. The rule revises the current rule, and does not impose new or 

additional requirements. 
Compliance Costs to the Public 

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 would be no additional costs to the public. The public will, however, receive a 

benefit in the form of more convenient emissions testing. 

Emission Reductions and the Costs per unit Reduced 

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 the Division to Implement 

There are no direct costs to the Division to implement the proposed rule. 
Parties, EPA and Public Comments
 
COLORADO AIR QUALITY CONTROL COMMISSION 

PARTY STATUS LIST
 

FOR THE RULEMAKING HEARING REGARDING PROPOSED REVISIONS TO:
 

REGULATION NUMBER 11: MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM 

HOLIDAY INN ROCKY MOUNTAIN PARK CONFERENCE CENTER
 

101 SOUTH SAINT VRAIN AVENUE
 

ESTESPARK,COLORADO
 

May 2,2007 

NAME 

Air Quality Control Commission 

REPRESENTED BY/ADDRESS 

Mr. Bob Lowdermilk - Hearing Officer 

Mr. Doug Lempke - Administrator 

Ms. Theresa Martin - 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 of the 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.com 
NOTE TO PARTIES: Email service between the parties for pre-hearing statements and any other materials to be filed with the 

Commission Office is allowed. Also, email service of all materials submitted to the Commission Office will be allowed with follow-up 

printed copy of the same materials by regular mail to the Commission Office. 

Party Status Statements to Commission Office 

(1 signed original, 3 copies) 

April 20, 2007 at 5:00 p.m. 4300 Cherry Creek 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 Due to the 

Commission Office 

May 2007 at 5:00 p.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 OF SERVICE
 

I do certify that a true and exact copy of the Party Status List for the upconling Rulemaking Hearing regarding proposed revisions to
 

Regulation Number 8, Part B was emailed to the following on 2nd day of May, 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 
BEFORE THE AIR QUALITY CONTROL COMMISSION 

STATE OF COLORADO 

IN THE MATTER OF PROPOSED REVISIONS TO REGULATION NUMBER 11, MOTOR 

VEHICLE EMISSIONS INSPECTION PROGRAM 

PETITION FOR PARTY STATUS-ROCKY MOUNTAIN CLEAN AIR ACTION
 

Rocky Mountain Clean Air Action hereby petition for party status in the matter regarding 

proposed revisions to Regulation 11 regarding the motor vehicle emissions inspection program. 

Enclosed please fmd three copies with this original containing the requested information. Copies 

ofthis petition are concurrently being sent to the Air Pollution Control Division and Assistant 

Attorney General as indicated in the Notice ofPublic Rulemaking Hearing. . 

Petition for Party Status 

1. Applicants 

Rocky Mountain Clean Air Action is a Colorado nonprofit membership corporation 

dedicated to protecting clean air for healthy communities in Colorado and the surrounding .. regIon.. 

2. Applicants' Representative 

Name: Jeremy Nichols, Director 

. Organization: Rocky Mountain Clean Air Action 

Address: ·1536 Wynkoop, Suite 302 

City/State: Denver, CO 80202 

Phone: (303) 454-3370 . . 

Fax: (303) 572-0032 

E-mail: rmcleanair@gmail.com 

3. Issues With the Proposal 

Rocky Mountain Clean Air Action has three prilnary issues with the proposed revision· to 

Regulation 11. . 

First, any revision to Regulation 11 must ensure the implementation, maintenance, and 

enforcement ofthe National Ambient Air Quality Standards ("NAAQS") in .accordance with 

section 110 ofthe Clean Air Act. Regulation 11 is incorporated into the Colorado state 

implementation plan ("SIP"), and as s~ch any revision cannot interfere with attainnient ofthe 
NAAQS. 42 USC § 7410(1). Accordingly, any revision to Regulation 11 must ensure protection 

. ofthe 8-hour ozone NAAQS (40 CFR § 50.10), PM2.5 NAAQS (40 CFR § 50.7), primary and 

secondary nitrogen dioxide NAAQS (40 CFR § 50.11), and 8-hour and I-hour carbon monoxide 

NAAQS (40 CFR § 50.8). 

Second, any revision to Regulation 11 must ensure compliance with the Denver area 1­

hour ozone, PM1o, and carbon monoxide nlaintenance plans. Regulation 11 was relied upon to 

support redesignation ofthe Denver metro area from nonattainment to attainment for these 

pollutants. Thus any revision must continue to provide as stringent protection of air quality as· is 

provided through these maintenance plans. 

Third, any revision to Regulation 11 must be based on tile best available scientific data 

regarding the health effects of air pollution. Recent fmdings by clean air scientist and 

physicians, for example, have determined.that 8-hour ozone concentrations as low as 60 parts per 

billion can pose adverse effects to children, seniors, those with asthma, and others. Although the 

current 8-hour ozone NAAQS is higher than 60 parts per billion, in order to ensure full 

protection of human health and welfare, any revision to Regulation 11 must be based on the best 

available scientific data regarding the health effects of air pollution. 

Respectfully submitted this 17th day of April 2007. 

2
 
Statement of Basis,
 

Specific Statutory Authority and Purpose
 
XIX. AMENDMENTS ADOPTED JUNE 21,2007 

The purpose of this 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 of air 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 of the program. It is administrative in nature, .and is not intended to be 

more stringent than existing rule. Therefore requirements of 25-7-110.8 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 of the 

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 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 of the 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 of the 

federal act. rather, it provides a means to more efficiently meet current requirements of the 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 of the Attorney General
 
JOHN W. SUTHERS STATE SERVICES 

Attorney General STATE OF COLORADO 

DEPARTMENT OF LAW BUILDING

CYNTHIA H. COFFMAN 1525 Shennan Street - 7th Floor 

Chief I':~~puty Attorney General OFFICE OF THE ATTORNEY Denver, Colorado 80203 DANiEL D. DOMENICO GENERAL Phone (303) 866-4500 Solicitor General 

Fax (303) 866-5691 

Tracking Number: 2007-00164 

OPINION OF THE ATTORNEY GENERAL RENDERED IN
 

CONNECTION WITH THE RULES ADOPTED BY THE
 

Air Quality Control Commission
 

ON 06/21/2007
 

5 CCR 1001-13
 

REGULATION No.II MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
 

The above-referenced rules were submitted to this office on 06/27/2007 as required by section 24-4-103, C.R.S. This 

office has reviewed them and fmds no apparent constitutional or legal deficiency in their form or substance. 

July 09, 200708:55:15 MST 

JOHN W. SUTHERS 

Attorney General 

by DANIEL D. DOMENICO 

Solicitor General 
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 prior to 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 of section IV of this 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 for the period of time after January 1,1994. 

18.	 Colorado Automobile Dealer Transient Mode Test Analyzer 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 of the Colorado Department of Public Health and 

Environment. 

21.	 "Electrical, Electronic, or Electro-mechanical Span" is the adjustment of an 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 of the Department of Revenue" or "Executive Director" is the representative of 

the Department of Revenue or designee responsible for the field enforcement of the AIR Program, licensing of emissions mechanics, clean screen inspectors and inspection stations. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 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 of a "leaded gasoline" nozzle and deters the introduction of 

"leaded fuel". 

26.	 "Gas Span" is the adjustment of an exhaust gas analyzer to correspond with known concentrations of span gases. 

27.	 "Gas Span Check" is a procedure using known concentrations of span gases to verify the gas 

span adjustment of an analyzer. 

28.	 "Gross Vehicle Weight (GVW) Rating" is the maximum recommended combined weight of the 

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 of greater than 6000 pounds and for model years 1979 and newer, having a GVW 

rating of greater than 8,500 pounds. 

30.	 "Idle Mode" means a condition where the vehicle engine is warm and running at the 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 

of a 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 of Section 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 motor vehicles (to include trucks) for model years 1978 and 

earlier having a GVW rating of 6,000 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 of vehicles 

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 of the AIR Program. 

38.	 "Original Condition" means the condition as installec;J by the manufacturer but not necessarily to 

the original level of effectiveness. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS 
© 2007 State of Colorado 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 of the 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 or verify the adjustment of an 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 of the AIR Program. 

43.	 "Test Analyzer Systems" (TAS) in the context of this regulation is that analytical instrumentation 

used to measure automotive emissions and prompt the operator through other elements of an 

emissions inspection. 

~,

. 44.	 "True Concentration" is the concentration of the gases of interest as measured by a standardized 

instrument which 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 or verifying the zero point of an 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 exempt from the prohibition of C.R.S., 42-4-314(2), C.R.S. insofar as it 

pertains to filler neck restrictors, catalytic converter systems, and, if applicable, exhaust 

gas oxygen (02 ) sensor(s), if one of the 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 of disconnection, deactivation, or inoperability of the restrictor, catalytic converter systems, or exhaust gas oxygen 

(02) sensor(s); or 

III.A.2.	 The reconnection, reactivation, or reoperability of the restrictor, catalytic converter systems, and, if applicable, 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 port and surrendered for exportation under said program within ten (10) working days are exempt from the prohibition of 42-4-314, C.R.S. 

III.C.	 Unless otherwise exempt under this section III of part A, vehicles shall be required to be 

configured as a vehicle certified by the EPA for sale and use within the United States 

pursuant to 40 CFR, Part 86, SUbpart A. 

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

IV.	 CLEAN SCREEN/REMOTE EMISSIONS SENSING 

IV.A.	 Geographic Area of Applicability 

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 of the 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 of the 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 of Colorado 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 prior to 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 or any 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 of the inspection. 

XII.C.	 Clean Screen Test Analyzer 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) of this regulation. 

XII.C.2. Clean Screen Test Analyzer Systems will be periodically calibrated and maintained as required in Part B (IX) of this regulation. 

XII.C.3. The inspection data processing system(s) used by the Data Manger and Clean 

Screen Inspector will 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 order to 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 of the registration renewal date provided that the most recent 

passing emissions reading must have occurred on a different day or at a different 

site location from the prior reading. 

XII.E.3. No non-complying emissions readings are observed between or subsequent to 

the last pair of complying readings. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13 
Page 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 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 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 after January 1, of the 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 1001-13
 
Page 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. The lollowing emissions standards shall apply to those tests performed or 1998 

and newer vehicles on and after January 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 

newer vehicles. 

IV.A.	 Pressure decay of the gasoline cap to filler neck sealing surfaces shall not exceed six (6) 

inches of water 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 of 60 cc/minute of air at 30 inches of water (column). 

The pressure test set out in this subsection shall not be federally enforceable and shall not be incorporated into the State Implementation Plan. 

V.	 VEHICLES SHALL NOT EXHIBIT ANY 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 of 0.50 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 of this Part F other than this section VI. 

VI.B.1.	 On or before July 1st 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 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 for the low emitting vehicle index. 

VI.B.3.	 In developing the low emitting vehicle index, the Division may use passing criteria greater than 98% if necessary to ensure that the use of the low emitting vehicle index is equivalent to or better than the use of a 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 of this 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 of this 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 of ufalse failures". A false failure occurs when a vehicle fails the emissions test 

even thought there is nothing wrong with the vehicle. The effect of the 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 implement the 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 Pursuant to 25-7-110.8, C.R.S. 

The requirements of 25-7-110.8 do not apply to the November 2005 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 of the automobile inspection and readjustment program. 

XIX. .AMENDMENTS ADOPTED JUNE 21,2007 

The purpose of this 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 of air 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 of the program. It is administrative in nature, and is not intended to be 

more stringent than existing rule. Therefore requirements of 25-7-110.8 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 1001-13 
Page 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 of the 

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 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 of the 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 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 not specifically require this rule, nor is it more stringent than requirements of the 

federal act. rather, it provides a means to more efficiently meet current requirements of the 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. 

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 of the 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: .::!: 30n (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) of sunlight 

Humidity: 5 to 95% relative humidity (non-condensing) 

Shock: Unit functions normally after 4ft (1.2m) drop to 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 1001-13 
Page 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 of 5, 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: 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 mix of 1D bar codes scanned. 

5 CCR 1001-13 CODE OF COLORADO REGULATIONS
 
w­

© 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-W X 60 L 

• User-selectable bar code 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 of on board Ram Expandable'to 8 MB 

• Rotation of text and bar codes 90. 180 and 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 of 5 

CODE OF COLORADO REGULATIONS 5 CCR 1001-13 
Page 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 or without 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 or fan-fold labels, tags or tickets 

• Material: plain paper thermal transfer or thermal sensitive paper 

• Sensing: adjustable transmissive sensor for die cut labels or tags. 

• Reflective sensor for use with black marks 

• Programmable top of form 

• 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 Printer to 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 Inter faces 

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 at 2 amps maximum 100 VAC on request 

• Built to ULCSA and TUV-GS safety standards and VDE Class B and FCC Class A emissions standard 

ENVIRONMENTAL 

• Operating Temperature: 320 F to 1000 F (00 t040° C) 

• Storage Temperature:-40F to 1400 F (-400 Cto60° C) 

• Humidity. 10% to 90% non-condensing 

• Ventilation: Free air movement 

• Dust: non-conducting, non-corrosive 

CODE OF COLORADO REGULATIONS 5 CCR 1001-13
 
Page 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 of Final 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 Colorado Department 

ofPublic Health 

http://www.cdphe.state.co.us and Environment 

NOTICE OF FINAL ADOPTION 

PURSUANT to the provisions of sections 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 hearing June 21,2007, and in compliance 

with the requirements of sections 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, Motor Vehicle Enlissions Inspection Program 

The Commission adopted revisions to Regulation Number 11. The revisions were adopted in order to 

modify the criteria for clean screening motor vehicles to permit the substitution of a low emitting vehicle 

index in lieu of one remote sensing clean screen reading. This modification is projected to improve the 

participation rate ofthe Clean Screen Program and further implement the legislative intent ofHB06-1302 

by improving the convenience ofthe 1M Program to the motorist. 

This action was submitted to the Secretary of State's Office within 20 days after adoption for publication 

in the Colorado Register, pursuant to 24-4-1 03(5) and (11)(d), C.R.S., and will become effective August 

30, 2007. 

Additionally, pursuant to 24-4-1 03(8)(d), C.R.S., within 20 days after the date of the Attorney General's 

Opinion, this action will be submitted to the Office of Legislative Legal Services for review. . 

Dated this 5th day ofJuly 2007 at Denver, Colorado. 

COLORADO AIR QUALITY CONTROL COMMISSION 

Douglas A. Lempke, Administrator