-----------STATE OF COLORADO
 

.1 Owens, Governor
 

lennis E. Ellis, Executive Director
 

DedicaterJ to protecting and improving the health and environment of the people of Colorado 

4300 Cherry Creek Dr. S. Laboratory Services Division 

Delwer, Colorado 80246-1530 8100 Lowry Blvd. 

Pilone (303) 692-2000 Denver, Colorado 80230-6928 

TOO Line (303) 691-7700 (303) 692·3090 Colorado Department Located in Glendale, Colorado of Public Health 

htlp:llwww.cdphe.state.co.us and Environment 

August 8, 2006 

Robert Roberts 

Regional Administrator AUG 21 2005 

US EPA Region VIn 

999 18th Street, Suite 500 

Denver, Colorado 80202 lJSEPA RNS OFFICE 

Dear ~v1r. Roberts: 

The following actions were adopted by the Colorado Air Quality Control Commission (AQCC) and are 

'mbmitted to EP.L\1 for final approval and incorporation into the C010rado State Implementation Plan. 

Two copies of the materials needed for your review of each action are included with this letter. 

}- AQCC Regulation Number 11: Repeal ofBasic Vehicle Emis~ions Inspection Program in the Fort 

Collins and Greeley areas 

';.. AQCC Regulation Number 3: Regarding Volatile Organic Compounds and the Reinstatement of 

Emission Reduction Credit Trading Provisions 

>- AQCC Regulation Number 1: Regarding Alternate Provisions for Managing Opacity Excursions 

from Military Training Exercises at the Ft. Carson Anny Station and the Pinon Canyon Maneuver 

Site 

>- AQCC Regulation Number 11: Regarding Deletion of EPA Proposed Final Emission Limitations to 

Ensure Long Term Compliance with NAAQS in Denver Metropolitan Area 

>- AQCC Regulation Number 3: Regarding Revisions to the Permitting Requirements to Reflect NSR 

>- AQCC Regulation Number 3: Regarding Open Burning requirements 

We look forward to your timely review and approval ofthis request. Any additional technical support 

documentation or information that you may need for review may be submitted directly to the EPA by 

the Office ofthe Colorado Air Quality Control Commission. Should there be any questions regarding 

these materials, please contact Mr. Doug Lempke at the Commission Office at 303-692-3478. 

Sincerely, /J. 

, I 

/' / j ,c;.l·~ .4-' ! , / / 

.,", ~::'~> ....".''t::-2::-:> 

Den!ri:~ E~1fllis

Executive Director 
ADMINISTRATlVE MATERIALS
 

Two copies ofthe following administrative materials are included in this submittal of 

revisions to Regulation Number 11, Motor Vehicle Emissions Inspection Program. 

Hearing was held November 17,2005. 

•	 Hearing Notice as published in the CCR 

•	 Agenda 

•	 Agenda Item Control Sheet (and attachments) 

•	 Parties, EPA and Public Comments if any. 

•	 Statement ofBasis, Specific Statutory Authority and Purpose for each
 

regulation.
 

•	 Opinion ofthe Attorney General 

•	 Regulation as published in the CCR 

•	 Notice of final adoption 
HEARING NOTICE AS PUBLISHED
 

IN THE CCR
 
STATE OF COLORADO
 

Bill Owens, Governor
 

Douglas H. Benevenlo. Executive Direclor
 

COLORADO AIR QUALITY CONTROL COMMISSION 

hl1p:llwww.cdphe.staIC.CO.as 

OED-OLRA-A5
 

4300 Cherry Creek Drive South RECEIVED

Denver, Colorado 80246-1530
 

Phone (303) 692-3100
 AUG 19 Colorado DepartmeD1 Fax (303) 691-7702 2005

of Public Heahh TDD (303) 691-7700 aDd EuviroDmeD1 ELECTIONSILICENSING . SECRETARY OF STATr . NOTICE OF PUBLIC RULEMAKI~GHEARING
 

BEFORE THE
 

COLORADO AIR QUALITY CONTROL COMMISSION
 

Regarding Proposed Revisions to:
 

. Regulation Number 11, Motor Vehicle Emissions
 

Inspection Program
 

SUBJECT:
 

The Commission will consider a proposal to revise the rule to reflect changes made to States Law in 2005
 

House Bill 1214 regarding emission testing cycles and to appeal the vehicle emission limits or cut-points
 

currently identified in the regulation to become effective January I, 2006.
 

FEDERAL REQUIREMENTS:
 

The federal act does not require the Commission to make any ofthe rule revisions that are the
 

subject ofthis 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 prior to the hearing. 'The 

proposed language for the rule revision is attached to and made a part ofthis notice. 

HEARING SCHEDULE: 

- DATE: November 17, 2005 

TIME: 9:00 a.m. 

PLACE: Sabin Room 

Colorado Department ofPublic Health & Environment 

4300 Cherry Creek Drive, South 

Denver, CO 80246-1530 

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. 
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 Conunission especially solicits conunents 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 ofthe 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 

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

PARTY STATUS:
 

In order to obtam 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 ofthe Air Quality Control Commission no later than 5:00 p.m.
 

September 20, 2005. The petition must: J) identify the applicant; 2) provide the name, address, and
 

telephone andfacsimile numbers ofthe applicants representative; and 3) briefly summarize what, ifany,
 

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

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 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 ofthe initial
 

alternative proposed rule and all other associated docwnents as required by the Commissions 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 with the Division staff person and with each ofthe Assistant
 

Attorneys General. 

Air Quality Control Commission . Kim Livo Frank Johnson 

OED-OPPI-A5 APCD-MS-B1 Attorney Generals Office 

4300 Cherry Creek Dr S 4300 Cheny Creek Dr S 1525 Shennan St, Sib Floor 

Denver, CO 80246-1530 Denver, CO 80246-1530 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 Commissions procedural rules. . . 

STATUS CONFERENCE: 

A status conference will be held September 29, 2005, at 9:00 a.m. 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 ofpreheaTing statements. Attendance at this status conference is mandatory for 

anyone who has requested party status. 

PREHEARING CONFERENCEIPREHEARING STATEMENTS: 

Attendance at the prehearing conference is also mandatory for all parties to this hearing. A prehearing 

conference will be held October 27 2005 at 9:00 a.m. in the Conunission Offices at 4300 Cherry Creek 

Drive South. Denver. All parties must submit an original and twenty (20) copies ofa preliminary 

prehearing statement to the Conunission Office by 5:00 p.m., October 20, 2005. In addition, copies of 

these documents must be mailed or hand-deliver:ed 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 

e~ch ofthe Assistant Attorneys General identified above by 5:00 p.m. October 20, 2005. Any revisions 

to the prehearing statement must be submitted with an original and twenty (20) copies to the 

Administrator ofthe 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 preheanng statement may be submitted to the
 

Commission office and all other parties by 5:00 p.m., November 1,2005.
 

STATUTORY AUTHORITY FOR THE COMMISSION'S ACTIONS:
 

The rule-making authority ofthe Commission can be found in sections 42-4-306(1), 42-4-316(1), C.R.S.
 

The rule-making hearing will be conducted in accord with sections 24-4-103 and 25-7-110, C.R.S., as
 

amended, the Procedural Rules ofthe Connnission and as otherwise stated in this notice. This list of
 

statutory authority is not intended as an exhaustive list ofthe Commission's statutory authority to act in
 

this matter.
 

Dated this 18th day ofAugust, 2005, at Denver, Colorado
 

COLORAOO AIR QUALITY CONTROL COMMISSION 
.. ­

Attachment 2 

Proposed Regulation No. 11 

Part A General Provisions, Area ofApplicability, Schedules for Obtaining
 

Certification ofEmissions Control, Definitions, Exemptions, and Clean
 

ScreeninglRemote Sensing
 

I. APPLICABILITY 

I.B. Vehicles Eligible for AIR Program Inspection Procedures. 

This regulation shall apply to all motor vehicles as defined in Section 42-4­

304(18), C.R.S. 

Beginning January 1, 2007, the AIR Program will no longer apply in EI Paso, 

Larimer, and Weld County portions ofthe program area. 

Vehicles registere4 in a program area established in Section I.A. ofthis part A 

that are being operated outside such area but within another emissions inspection 

and maintenance program area shall comply with the requirements ofthe area in 

which the vehicle is being operated. The Department ofRevenue or an authorized 

agent shall establish provisions to ensme motorist compliance with periodic 

inspection requirements for Colorado motorists operating vehicles in state as well 

as out ofstate. A Certificate ofEmissions Control or its equivalent obtained in 

another state shall be considered equivalent until such time as the vehicle returns. 

The motorist shall comply with the requirements ofthis regulation A-as soon as 

practicable but not to exceed (~15) tItiRy fifteen days. Basic area motorists 

commuting into the enhanced program area who have complied with enhanced . 

program requirements·need not comply with basic program provisions. Pursuant 

to Section, 42-4-310(1)(c)(l), C.R.S. motorists operating vehicles in the enhanced 

program area shall comply with the provisions ofthe enhanced program. 

The burden ofproofin establishing an exemption from inclusion in all or any part 

ofthe AIR Program inspection requirements is on the vehicle owner. 

I.C. Schedules for Obtaining Certifications ofErnissions Control 

I.C.3.c.	 A motor veliicle being registered in the program area for tbe first 

time may be registered without an inspection or certification if the 

vehicle has not yet reached its fourth model year pursuant to 42-4­

310(l)(a){I1)(C) C.R.S. 
.". 

Part F Maximum Allowable Emissions Limits for Motor Vehicle Exhaust, 

Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles 

In. TRANSIENT TEST MASS EMISSIONS LIMITS IN GRAMSIMILE (GPM) 

rnA. Light-duty vehicles (excluding light-duty trucks) 

ill.A.I. The following emissions standards shall apply to those tests perfonned on 

and after January 1,1999. 

MODEL YEAR 

1982
 

1983
 

1984
 

1985
 

1986
 

1987
 

1988
 

1989
 

1990
 

1991
 

1992
 

1993
 

1994
 

1995
 

1996
 

1997
 

1998 and newer
 

He	 co NOll 

4 45	 8 

4	 30 8 

4	 30 8 

4	 20 8 

3	 20 6 

3 20	 6 

3 20	 6 

3	 20 6 

3	 20 6 

2.5 20	 6 

2.5 20	 6 

2.5	 20 6 

2 20 6 

2 20 4 

2 20 4 

2 20 4 

2 20 4 

llI.A.2.The following emissions standards shall apply to those tests perfonned on model 

year 1996 and newer vehicles, on and after January I, ofthe dates specified. 

_.;:;;eA;..;;;L=END=~AR=..=...;YEAR:..=.:=.:.....

2002 

2003 

~H,"=C

1.2 

1.2 

...1­__.....;e~o:..- L N;,;.O~ll~_---J

20	 3.0 

20	 3.0 

lQ	 J..S 
Attachment 3
 

Statement ofBasis, Specific Statutory Authority and Purpose
 

XVIII. AMENDMENTS ADOPTED NOVEMBER 17,2005. 

THE PURPOSE OF THIS RULEMAKING IS TO IMPLEMENT PROVISIONS CONTAINED IN 

HB05-1214 THAT ELiMINAYE 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 I, 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 "FALSE FAILURES". A 

FALSE FAILURE OCCURS WHEN A VEHICLE FAILS THE EMISSIONS TEST EVEN THOUGH 

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 PROMULGAYES 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 PROYJDED BY SECTION 42-4-306(6)(b). 

FINDINGS PURSUANT TO 25-7-110.8. C.R.S. 

THE REQUIREMENTS OF 25-7-110.8 00 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 SfATE 

STAUTE AND LESSEN THECOST AND BURDEN OFTHE AUTOMOBILE INSPECTION AND . 

READJUSTMENT PROGRAM. 
AGENDA
 
STATE OF COLORADO
 

Bill Owens, Governor 

Douglas H. Benevento, Executive Director 

COLORADO AIR QUALITY CONTROL COMMISSION 

http://www.cdphe.Slate.co.us 

4300 Cherry Creek Drive South 

OED-OLRA-A5 

Denver, Colorado 80246-1530 

Phone (303)692-3100 Colorado Department Fax (303) 691-7702 oCPublic Health TDD (303) 691-7700 and Environment 

Notice of Meeting and Agenda
 

Air Quality Control Commission
 

Thursday,
 

November17,2005
 

Colorado Department of Public Health & Environment
 

Sabin Room
 

4300 Cherry Creek Drive South
 

Denver, Colorado
 

9:00 a.m. 

Call to Order:	 Detennination of a Quorum 

Approval of Minutes:	 Review/Approval ofthe October 20,2005 meeting minutes ofthe 

Air Quality Control Commission. 

Public Comment:	 The public is invited to comment on any air pollution issue not on 

the agenda. The Commission will not take action on issues 

discussed under this agenda item today; however, items may be 

scheduled for further discussion or action. 
REQUEST FOR PUBLIC HEARING 

1.	 Denver Regional Council Of Governments (DRCOG)
 

The Denver Regional Council ofGovernments will request that the Commission hold a
 

public hearing to review their finding of confonnity for the DRCOG 2005 - 2010
 

Transportation Improvement Program (TIP) Plan and the DRCOG 2030 Long Range Plan.
 

RULEMAKING HEARINGS 

2.	 Regulation Number 11 

(10 minutes presentation, 10 minutes discussion) 

The Commission will consider a proposal from the Division to revise the rule to reflect 

changes made to state law in 2005 House Bill 1214 regarding emission testing cycles and to 

remove a requirement to make emission testing limits more stringent in 2006 for 1996 and 

newer model year vehicles. 

BRIEFINGS, REPORTS AND COMMISSION DISCUSSIONS 

3.	 SAFETEA-LU 

(25 minutes presentation, 15 minutes discussion) 

1effHouck ofthe Federal Highway Administration and Jeff May ofthe Denver Regional 

Council of Governments will present a review ofthe changes made to the new federal 

transportation legislation that impact the determinations oftransportation confonnity and the 

relationship between transportation planning agencies and air quality management agencies. 

4.	 Energy Efficiency & Renewable Energy in State Implementation Plans 

(25 minutes presentation, 15 minutes discussion) 

Jerry Kotas from the Department ofEnergy (DOE) will present to the Commission the DOE 

efforts to integrate the use of energy efficiency and sources of renewable energy into air 

quality State Implementation Plans as air pollutant mitigation measure and how states can 

take advantage of energy efficiency and renewable energy projects in the settlement of 

enforcement cases using supplemental environmental projects (SEPs) and in pennitting. 

5.	 Pikes Peak Area Council of Governments (PPACG) 

(15 minutes presentation, 10 minutes discussion) 

Rich Muzzy ofthe Pikes Peak Area Council ofGovernments (PPACG) will present to the 

Commission the work of a multi jurisdictional committee that has been meeting to consider 

options to implement mobile source emission controls when the vehicle emission inspection 

program is discontinued in the Fort Collins/Greeley and Colorado Springs areas. 

6.	 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. 

7.	 Division Director's Report - Margie Perkins 

•	 Monthly activities report 

2
 
8. Attorney General's Report-Frank Johnson 

• Update on Recent Court Decisions 

9. Administrator's Report-Doug Lempke 

• December Meeting Agenda Items Review 

3
 
AGENDA ITEM CONTROL SHEET
 
---

COLORADO AIR QUALITY CONTROL COMMISSION 

AGENDA ITEM CONTROL SHEET 

Item Title "Regulation NO'. 11: Motor Vehicle Emissions Inspection Program" 

Meeting date August 18. 2005
 

TYPES OF ACTION 

NON-HEARING ACTIONS REQUEST FOR HEARING HEARING 

Administrative X Public Rulemaking _ Public Rulemaking 

_ Briefing Informational Informational 

_ Policy 

RECOMMENDED ACTION 

_Adoption X Approval Denial 

MOTION 

X Required Attached _ Not applicable 

STATUTORY AUTHORITY 

General Specific ---=....X-=-----_ 

EPA SUBMITTAL 

Is this issue considered a SIP revision? Yes X No 

Which SIP? Ozone Date of EPA submission deadline: None 

ISSUE STATEMENT: 

Requestfor Public Hearing: Revisions to Regulation No. 11: Motor Vehicle 

Emissions Inspection Program 
It has become apparent that EPA final cutpoints are too restrictive and will falsely fail 

many newer automobiles. The U.S. EPA no longer recommends these most stringent 

standards. Mobile 6 revisions no longer allow the use ofthese standards for modeling 

proposes. 

By not implementing these emissions standards, the state will not be faced with the 

problem of falsely failing many 1996 and newer automobiles. Based on 2004 Enhanced 

1M Program results, 1996 and newer model year cars have a 0.57% emissions inspection 

failure rate. It is estimated that ifEPA final cutpoints were in place, this fail rate would 

have been 6.44%. This would result in an additional 14,474 cars failing their 1M 

inspection. At a fleet average repair cost of $284.79 per vehicle, this would result in an 

additional $4.1 million in repair costs for the 1M Program. 

The air quality benefit ofrepairing many ofthese marginally failed cars would be small. 

Exhaust HC emissions in 2007 would be 1.248 g/mi compared to 1.246 g/mi that would 

be received by going to these standards. Barring Commission action, the state is 

scheduled to adopt EPA final cutpoint standards on January 1, 2006 for the Enhanced 1M 

Program (see chart below). 

Previously in December 2003, the Commission acted to prevent the introduction 

ofthe scheduled interim emissions standards that would have dropped the 

enhanced emissions cutpoints for 1995 and newer cars to 0.8 g/mi for HC, 20 g/mi 

for CO, and 2 g/mi forNOx from 1.2 g/mi HC, 20 g/mi CO, and 3 g/mi NOx. 

The rationale for the Commission action was to minimize IM240 false failures. 

REGULAnON NO 11 

Part F Maximum Allowable Emissions Limits for Motor Vehicle Exhaust,
 

Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles
 

ID. TRANSIENT TEST MASS EMISSIONS LIMITS IN GRAMSIMILE (GPM) 

lILA Light-duty vehicles (excluding light-duty trucks) 

lILA.I.The following emissions standards shall apply to those tests performed on 

and after January 1,1999. 
ATTACHMENTS: 

1. Memorandum ofNotice 

2. Language ofthe proposed amendments to Regulation No. 11 

3. Draft Statement ofBasis and Specific Statutory Authority and Pwpose 

4. Initial Economic Analysis 

5. Copy ofHB05-1214 

SIGNATURES: 

'&"- 3 - 0 ­ 1. -f=: Preparer Date 

2. 

Supervisor Date 

3. gk/o..s­

• 1 

Program Manager 

4. 

Di~lJl·

Date 
Attachment 1
 

MEMORANDUM OF NOTICE
 

Revisions to Regulation No. 11, Motor Vehicle Emissions Inspection Program
 

DATE: August 18, 2005 

TO: All affected and interested parties 

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

Inspection Program 

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

Inspection Program 

EXPLANATION OF THE PROPOSED RULE 

The proposed revisions to Regulation No. 11 will: . . . 

1.	 Implement previsions contained in HB05-1214 by expressly stating that an 

inspection is not required to register a vehicle in the 1M Program area for the 

first time ifthe vehicle has not yet reached its fourth model year. 

2.	 Prevent the implementation ofEPA final emissions standards for 1996·and 

newer model year cars that are due to take affect January 1,2006. 

3.	 Correct certain language and format errors and mistakes contained in the 

current AQCC Regulation Number 11. 

Rl~E~GPACKAGE

The following are attached to this Memorandum ofNotice: 

The actual language ofthe 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. 
Section 25-7-110.5(3)(h) requires this Memorandum ofNotice to include "an explanation 

ofthe substantive differences with federal requirements and the requirements ofUtah, 

Arizona, and New Mexico, where relevant." . 

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

Mexico (Albuquerque), and Utah (four counties of the Wasatch Range; Davis, Salt Lake, 

Utah, and Weber). 

Utah has a change-of-ownership requirement, with a one-y~ar new vehicle exemption, 

that is more restrictive that the proposed requirements. New Mexico has a basic 1M 

Program that utilizes a two-speed idle test that does not use the EPA final IM240 

cutpoints. It's one model-year new vehicle exemption is more stringent that Colorado's. 

Arizona has a four year new vehicle exemption with a required inspection upon changeof,;ownership for dealer sold vehicles. This is more restrictive than the proposed 

requirements. Arizona does not utilize the IM240 test cycle for their enhanced program. 

Their IMI37 final cutpoints are designed to limit fail failures. 

RULE IMPLEMENTATION 

Beginning when the rule takes effect, Regulation No. 11 will conform to state statute. 

Beginning January 1, 2006, 1996 and newer model year cars will continue to be subject 

to current emissions standards. 

TIME CONSTRAINTS 

EPA final emissions standards are scheduled to take effect January 1,2005. 

CONTACT PERSONS 

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

individuals: 

Kim Livo
 

Air Pollution Control Division
 

(303) 692-3134
 

Kim.Livo@state.co.us
 

Frank Johnson
 

Assistant Attorney General
 

(303) 866-5039
 

Frank.Johnson@state.co.us
 

Michael Elliott
 

Assistant Attorney General
 

(303) 866-1049
 

Michael.Elliot@state.co.us
 
Attachment 2 

Proposed Regulation No. 11 

Part A General Provisions, Area ofApplicability, Schedules for Obtaining
 

Certification of Emissions Control, Definitions, Exemptions, and Clean
 

Screening/Remote Sensing
 

I. APPLICABILITY 

I.B. Vehicles Eligible for AIR Program Inspection Procedures. 

This regulation shall apply to all motor vehicles as defined in Section 42-4­

304(18), C.R.S. 

Beginning January 1,2007, the AIR Program will no longer apply in El Paso, 

Larimer, and Weld County portions ofthe program area 

Vehicles registered in a program area established in Section lA. ofthis part A 

that are being operated outside such area but within another emissions inspection 

and maintenance program area shall comply with the requirements ofthe area in 

which the vehicle is being operated. The Department ofRevenue or an authorized 

agent shall establish provisions to ensure motorist compliance with periodic 

inspection requirements for Colorado motorists operating vehicles in state as well 

as out ofstate. A Certificate of Emissions Control or its equivalent obtained in 

another state shall be considered equivalent until such time as the vehicle returns. 

The motorist shall comply with the requirements ofthis regulation A-as soon as 

practicable but not to exceed (~15) tIJ.iRy fifteen days. Basic area motorists 

commuting into the enhanced program area who have complied with enhanced 

program requirements need not comply with basic program provisions. Pursuant 

to Section, 42-4-310(1)(c)(1), C.R.S. motorists operating vehicles in the enhanced 

program area shall comply with the provisions of the enhanced program. 

The burden ofproofin establishing an exemption from inclusion in all or any part 

ofthe AIR Program inspection requirements is on the vehicle owner. 

lC. Schedules for Obtaining Certifications ofEmissions Control 

I.C.3.c.	 A motor veliicle being registered in the program area for the first 

time may be registered without an inspection or certification if the 

vehicle has not yet reached its fourth model year pursuant to 42-4­

310(1)(a)(II)(C) C.R.S. 
Part F Maximum Allowable Emissions Limits for Motor Vehicle Exhaust, 

Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles 

III. TRANSIENT TEST MASS EMISSIONS LIMITS IN GRAMSIMILE (GPM) 

ill.A. Light-duty vehicles (excluding light-duty trucks) 

ill.A.I. The following emissions standards shall apply to those tests performed on 

and after January 1,1999. 

MODEL YEAR HC 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 

m.A.2.The following emissions standards shall apply to those tests perfonned on model 

year 1996 and newer vehicles, on and after January 1, ofthe dates specified. 

CALENDAR YEAR HC CO 

2002 1.2 20 3.0 

2003 1.2 20 3.0 

1009 0-' .w M 
Attachment 3
 

Statement of Basis, Specific Statutory Authority and Purpose
 

xvm. AMENDMENTS ADOPTED NOVEMBER 17, 2005. 

THE PURPOSE OF THIS RULEMAKING IS TO IMPLEMENT PROVISIONS CONTAINED IN 

HB05-1214 THAT ELIMINATE THE INSPECTION REQUIREMENT FOR VEHICLES mAT 

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 "FALSE FAILURES". A 

FALSE FAILURE OCCURS WHEN A VEHICLE FAILS THE EMISSIONS TEST EVEN THOUGH 

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 mAN 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 

STAUTE AND LESSEN THE COST AND BURDEN OF THE AUTOMOBILE INSPECTION AND 

READJUSTMENT PROGRAM. 
Attachment 4 

IlNTIAL ECONOMIC IMPACT ANALYSIS
 

Per c.R.S. 25-7-llO.5(4)(c)(I)
 

for
 

Revisions to AQCC Regulation Number 11:
 

Motor Vehicle Inspection Program
 

August 18, 2005
 

ECONOMIC IMPACT ANALYSIS 

INTRODUCTION 

An economic impact analysis is not required for the changes implementing HB 05-1214 because 

such changes merely implement prescriptive state statutory requirements. Moreover, an 

economic impact analysis would not assist the Commission in making a decision because it is 

allowed no significant policy-making options regarding such changes. This economic impact 

statement analyzes the impacts of the change to the emissions cutpoints. 

The enhanced 11M program was implemented in 1995 in the Denver metropolitan area. As part 

oflong-term SIP requirements, automotive emissions standards in the enhanced 11M program are 

scheduled to be tightened to the EPA recommended final exhaust emissions standards by January 

1, 2006. EPA "final cutpoints" were originally adopted in Regulation No. 11 to pennit the state 

to take maximum credit from the 11M program as part ofthe Denver area's CO re-designation. 

It has become apparent that EPA final cutpoints are too restrictive and will falsely fail many 

newer automobiles.. By not implementing the EPA fmal emissions standards, the state will not 

be faced with a problem offalsely failing many 1996 and newer automobiles. The loss of11M 

credit from vehicles that truly fail the standards is expected to be small. The Denver and 

Longmont CO SIPs are being revised, and do not rely on the EPA final cutpoints standards. 

AFFECTED PARTIES 

The motoring public, vehicle repair facilities, and repair technicians will be affected by this 

proposed rule. 

Industry I Business 

The proposed rule would result in a small loss ofrepair business for industry from the additional 
HOUSE BILL 05-1214 

BY REPRESENTATNE(S) Cerbo, Berens, Crane, Larson, McFadyen,
 

Merrifield, Plant, Pommer, Rose, and Coleman;
 

also SENATOR(S) Spence, and Williams.
 

CONCERNINGTIlEREGISTRATIONOFMOTORVElllCLES,AND, INCONNECTION 

THEREWITH, AMENDING THE EXEMPTIONS FROM THE MOTORIST 

INSURANCE IDENTIFICATION FEE AND THE REQUIREMENTS FOR 

PERIODIC EMISSION CONTROL INSPECTIONS. 

Be it enacted by the General Assembly ofthe State ofColorado: 

SECTION 1. 42-4-310 (1) (a) (II) (C) and (1) (c) (III), Colorado 

Revised Statutes, are amended to read: 

42-4-310. Periodic emissions control inspection required. 

(1) (a) (II) (C) If such vehicle is being registered in the program area fo~

the first time, the owner shall obtain any certification required for the 

county where registration is sought and shallsubmitsuchcertificationto the 

department of revenue or an authorized agent thereof with such owner's 

application for the registration of the motor vehicle. A MOTOR VElllCLE 

BEING REGISTERED IN THE PROGRAM AREA FOR THE FIRST TIME MAY BE 

REGISTEREDWITHOUT AN INSPECTIONORCERTIFICATIONIFTIlEVEHICLE HAS 

NOT YET REACHED ITS FOURTH MODEL YEAR OR A LATER MODEL YEAR 

Capital letters indicate new material added to existing statutes; dashes through words indicate 

deletionsfrom existing statutes and such material not part ofact. 
ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION 42-4-306 (8) (b), 

C.R.S. 

(C) (III) Vehicles that are registered in a program area that AND are 

being operated outside such area but within another program area shall 

comply with all program requirements ofthe area where such vehicles are 

being operated. Vehicles registered in a program area that are being 

temporarily operated outside ofan, program area THE STATE at the time of 

registration or registration renewal may apply to the department ofrevenue 

for a temporary exemption from program requirements. Upon return to the 

program area, such vehicles must be in compliance with all requirements 

within fifteen days. A TEMPORARY EXEMPTION SHALL NOT BE GRANTED IF 

THE VEHICLE WILLBEOPERATED IN ANEMISSIONS TESTING AREA INANOTHER 

STATE UNLESS PROOF OF EMISSIONS FROM THAT AREA IS SUBMITTED. 

SECTION 2. Effective date - applicability. This act shall take 

effect September 1, 2005, and shall apply to motor vehicle registrations on 

or after said date. 

SECTION 3. Safety clause. The general assembly hereby finds, 

PAGE 2-HOUSE BILL 05,.1214
 
detennines~ and declares that this act is necessary for the immediate 

preservation of the public peace~ health~ and safety. 

Andrew Romanoff 

SPEAKER OF THE HOUSE 

OF REPRESENTATNES 

Marilyn Eddins 

CHIEF CLERK OF THE HOUSE 

OF REPRESENTATNES 

APPROVED 

Joan Fitz-Gerald 

PRESIDENT OF 

THE SENATE 

Karen Goldman 

SECRETARY OF 

THE SENATE 

_ 

Bill Owens 

GOVERNOR OF THE STATE OF COLORADO 

PAGE 3-HOUSE BILL 05-1214
 
Attachment 1 

Proposed Regulation No. 11 

Part A General Provisions, Area of Applicability, Schedules for Obtaining 

Certification of Emissions Control, Definitions, Exemptions, and Clean 

Screening/Remote Sensing 

I. APPLICABILITY 

I.B. Vehicles Eligible for AIR Program Inspection Procedures. 

This regulation shall apply to all motor vehicles as defined in Section 42-4­

304(18), C.R.S. 

Beginning January 1,2007, the AIR Program will no longer apply in EI Paso, 

Larimer, and Weld County portions ofthe program area. 

Vehicles that are registered in a program area established in Section LA. of this 

part A that and are being operated outside such area but within another emissions 

inspection and maintenance program area shall comply with all program the 

requirements ofthe area where such vehicles are in '+'lhich the vehicle is being 

operated. The Department of Revenue or an authorized agent shall establish 

provisions to ensure motorist compliance with periodic inspection requirements 

for Colorado motorists operating vehicles in state as vlell as out of state. A 

Certificate of Emissions Control or its equivalent obtained in another state shall 

be considered equivalent until such time as the 'lehicle returns. Vehicles 

registered in a program area that are being temporarily operated outside the state 

at the time of registration or registration renewal may apply to the department of 

revenue for a temporary exemption from program requirements. Upon return to 

the program area, such vehicles must be in compliance with all requirements 

within fifteen days. The motorist shall comply '+'lith the requirements of this 

regulation A as soon as practicable but not to exceed (301S) thirt~' fifteeR day's. 

Basic area motorists commuting into the enhanced program area who ha'"e 

complied vilth enhanced program requiremmits need not comply with basic 

program proyisions. A temporary exemption shall not be granted if the vehicle 

will be operated in an emissions testing area in another state unless proof of 

emissions from that area is submitted. 

Pursuant to Section, 42-4-31O(1)(c)(I), c.R.S. motorists operating vehicles in the 

enhanced program area shall comply with the provisions ofthe enhanced 

program. 

The burden ofproof in establishing an exemption from inclusion in all or any part 

ofthe AIR Program inspection requirements is on the vehicle owner. 
LC. Schedules for Obtaining Certifications of Emissions Control 

I.C.3.c.	 A motor vehicle being registered in the program area for the first 

time may be registered without an inspection or certification if the 

vehicle has not yet reached its fourth model year pursuant to 42-4­

310(1)(a)(II)(C) C.R.S. 

Part F Maximum Allowable Emissions Limits for Motor Vehicle Exhaust, 

Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles 

III. TRANSIENT TEST MASS EMISSIONS LIMITS IN GRAMS/MILE (GPM) 

lILA Light-duty vehicles (excluding light-duty trucks) 

lILA 1. The following emissions standards shall apply to those tests performed on 

and after January 1,1999. 

MODEL YEAR HC CO NO" 

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.A2.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 HC	 CO NO" 

2002 1.2 20 3.0 

2003 1.2 20 3.0 

100(; o..e .w	 loS 
....1 8TATI.IfMRONMBNTAL PROTECTION A"~

!N4SHfNGroN, D,C. aGCID 

APR 12m 
-2•. 

. '. 

itiMved. Bl'A.pOIl m"'qiNidy to ...aUt yo~ 1Ild·1J1e PonaIyl~ DBP inmAW", 

tbo·aeoaHBrY oIwIaea to ya1Il' SIP U lXJ'edldoudy u palllhle to refJaat tho appropriate 

f1a1~. . . . 

". . 

nlaimpot.t to aota· t thCllC IltaDI1tv. ASMau1pointl ..DOt qpaara4 to 

provide AuTbIr....IQM •beyoa4 wbd we ~'ftoal~0I10(the

aliltlq BPA:&LI1 cm1PoUda, publJ••td fII oqr ~uIy 2000 pi_eo. WJaile iti. 

. COIlaeivable tb&t avoicllq M.QftIIl will prmmtiupprapdIte rtpalr'WOrt an. UCl." 

Vlldcl-. ItI. DaIpoaible to q .whit1hIu.1Hmd1l1UYhe. TAenfore. we beHeve .the orecUt tar the ASM tilt 111 tho 1WWaltamadw C\I1pOiutI wJllbo the lime U it
 

-.ouJd, be lor the ASM tete· 1be axiatiq ba1 ftam our.lul12000
 

pI&au:e.
 

. . I hope tid. ..• lMofta1 u)'Gu IIIOYe wiChPe!ln;qlwa1aI J 11M 

ptopam. I AIJbr tppreeUce Qnl.,... )'aU ad the tela il"oID TraDipadattoD IDd 

BIlvll'Dmlllltil hi dcma both ill impJcmeatfnl ~m"""nl the 

P8rmqlvalapropeltotdie -.t tbu:r yDIlI. If)'OIlhaveI44IttauI qqutimuI ft8II'IUDI . ddI mdE. P.Ja:I. de math.t tID COJUICtLee Cook afmy ItItfIt (714) 214-4820 

.MuailSpiukiDRalina mat U) 814--2104. 

SlDcInly, . 

OftblofTtauapodatfoD 

~~r· 1114 Air Quality 

. , 
STATEMENT OF BASIS, SPECIFIC
 

STATUTORY AUTHORITY AND PURPOSE
 
XVIII. AMENDMENTS ADOPTED NOVEMBER 17, 2005. 

The purpose 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 "false failures". A false failure 

occurs when a vehicle fails the emissions test even though 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. 

81
 
OPINION OF THE ATTORNEY GENERAL
 
STATE SERVICES Bl'ILVlNG JOliN 

Attorney 

W. 

General 

SUTHERS STATE OF COLORADO 1525 Sherman Street - 5th Floor 

DEPARTMENT OF Denver, Colorado 80203 LAW Phone (303) 866-4500 CYNTHIA S. HONSSINGER FAX (303) 866-5691 Chief Deputy Attorney General OFFICE Of THF. ATIORN EY GENERAl. 

AI.I.IS0N H. Em 

Solicitor General 

OPlNlON OF THE ATTORNEY GENERAL RENDERED IN
 

CONNECTION WITH THE RULES ADOPTED BY
 

COLORADO AIR QUALITY CONTROL COMMISSION
 

ON NOVEMBER 17,2005
 

CONCERNING MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM, 

REGULATION NO. II [5 CCR 1001-13] 

The above-referenced rules were submitted to this office on November 22, 2005, as required 

by § 24-4-103, c.R.S. This office has reviewed them and finds no apparent constitutional or 

legal deficiency in their form or substance. 

JOHN W. SUTHERS 

Attorney General 

by ALLISON H. EID 

Solicitor General 
REGULATION AS PUBLISHED IN THE CCR
 
DEPARTMENT OF PUBLIC
 

HEALTH AND ENVIRONMENT
 

AIR QUALITY CONTROL COMMISSION 

REGULATION No. 11
 

MOTOR VEHICLE EMISSIONS
 

INSPECTION PROGRAM
 

5 CCR 1001-13 

.. EDITOR'S NOTES* 

Authority Cited: 

§§ 42-4·306.5 through 42·4·316, C.R.S. (1994 Supplement) as amended. 

History and Amendments: 

IAdopted 8/24fi8, 1 CR 10. Pp. 1-40 adopted 11/20180, effective 12130/80,3 CR 12. P.6 

adopted as emergency regulation 3/12/81, effective 3/12/81, 4 CR 4. Pp. 1-4.01 adopted 

4/9/81, effective 5/30/81, 4 CR 5. Pp. 1-23 adopted 10/8/81, effective 11130/81,4 CR 11. 

P. 18 adopted as en'lergency regulation 1/28/82, effective 1/28/82,5 CR 3. Pp.6, 18 

adopted 4/22182, effective 5/30/82, 5 CR 5. Pp. 6, 14-19.02 adopted 7122182, effective 

8/30/82,5 CR 8. pp. 14-19.02,23 adopted 11/18/82, effective 12/30/82,5 CR 12. Pp.2-6 

adopted 9/22183, effective 10/30/83, 6 CR 10. Pp. 1-27 adopted 11/10/83, effective 1/1/84, 

6 CR 12. Pp. 23-25 adopted 10/18/84, effective 11/30/84, 7 CR 11. Pp.26-27 adopted 

11115/84, effective 12/30/84,7 CR 12. Pp. 2&-27 adopted 12/19/85, effective 1130/86, 

19 CR 1. Pp.1-25 adopted 1/15/87, effective 312/87, 10 CR2; Pp.1-6, 17-25 adopted 

2/18/88, effective 3130/88, 11 CR 3. Pp. 1-28 adopted 1/19/89, effective 3/2189,12 CR 2. 

Pp. 1-29 adopted 10/19/89, effective 11/30189,12 CR 11. Pp. 1-26 adopted 10/18/90, 

effective 11130/90,13 CR 11. Pp. 1-26 adopted 11/15/90, effective 12/30190,13 CR 12. 

A. G. Opinions: 

1 AG 392; 3 AG 301; 4 AG 78; 4AG 100; 4 AG273; 5 AG 69; 5 AG 114; 5AG 244; 5 AG 356; 

6 AG285; 6 AG 364; 7 AG 275; 7 AG 296; 9 AG 20; 10 AG 51; 11 AG 86; 12 AG 48; 

Annotations: 

Part A, Section V. adopted 3/21/96, was not extended by House 80197-1193 and therefore 

expired May 15, 1997. 

This Title Page does not constitute an official part of any regulation. Information contained on the Title Page is provided by the Publisher from sources 

deemed reliable and is solely for informational and historical pwposes. See cautionary note in Introductory Materials, How to Use the CCR. 

©2006 Matthew Bender & Co. for the State of Colorado 

All Rights Reserved. (800) 833-9844 
EDITORS'S NOTES (continued) 

IDstory and Amendments: 

Pp.1-27 adopted 4/18191, effective 5130/91,14 CR 5. Pp.1-164 adopted as emergency regulation 12116/93, 

effective 12116/93,17 CR 1. Pp. 1-5 adopted 1120194, effective 3130/94,17 CR 3. pp. 1-125 adopted 3117/94, 

effective 4130/94,17 CR 4. Pp. 1-115 adopted 9122194, effective 11130/94,17 CR 11. Pp. 3-0. 17-22, 27-28,35­

38,51-52,59-60 adopted as emergency regulation 12/15/94. effective 12115/94, 18 CR 2. ?p. 1-?9 adopted 

1/19/95, effective 3130/95. 18 CR 3. Pp.1-60.1 adopted 5118/95, effective 7130/95,18 CR 7. Pp.1-11, 13-14, 

19,28-29,32-37,39-41,44.46-48,51-53 adopted 11116/95. effective 1130196, 19 CR 1. Pp. 1-60 adopted 

3121196, EFFECTIVE 5130196, 19 CR 5. Pp. 1-184 adopted 7/17/97, EFFECTIVE 9/30/97.20 CR 9. Pp. 1·57 

adopted 11119198, EFFECTIVE 12/30198.21 CR 12. Pp. 1-61 adopted 2/19/99, EFFECTIVE 4130199,22 CR 4. 

Pp. 7-6.01,27·28,51-53.61·64 adopted 1/10100. EFFECTIVE 3/1/00. 23 CR 2. Pp. 27-29, 41,63-64 adopted 

11/16/00. EFFECTIVE 12130100, 23 CR 12. Pp. 1-64.01 adopted 12120101. EFFECTIVE 312102, 25 CR 2. 

Pp. 1-9, 64.2 adopted 7/18/02, EFFECTIVE 9/30/02, 25 CR 9. Pp. 1-28, 64.3-64.4 adopted 08/15/02, EFFECTIVE 

10/30/02,25 CR 10. Pp. 1-10.2, 19-26.2,64.5-64.8 adopted 10117/02, EFFECTIVE 12/30/02,25 CR 12. Pp. 1-64.8 

adopted 11121102, through I.C.3.b EFFECTIVE 01130/03,26 CR 1. Pp. 1-2,64.9-64.10 adopted 12/19/02, EFFECTIVE 

03/02/03,26 CR 2. Rules I.e.3 adopted 09/18/03, EFFECTIVE 11130/03,26 CR 11. Part A (pp. 1-2) and F (pp. 53-54) 

adopted 12/18/03, EFFECTIVE 03/01104; Pp. 2.2, 3 adopted due to technical correction, 27 CR 2. Part A, Sections 

IV.D.3, IV.D.4 (p. 9), Part F, Sections III.C, IV.B (p. 55), Part G, Section XII (p. 64.12) adopted 03/12/04, EFFECTIVE 

05/31104.27 CR 5. Part A to Part G (pp. 1-64.16) adopted 02/17/05, EFFECTIVE 05/01/05, 28 CR 4. Pp. 1-12,57-58, 

new Rule XVIII (p. 64.18), adopted 11117/05, EFFECTIVE 01130/06,29 CR 1. 

A. G. Opinions:
 

12 AG 374; 13 AG 357; 14 AG 399; 14 AG 145; 17 AG 30; 17 AG 98; I7 AG 143; I7 AG 422; 18 AG 80; 18 AG 117;
 

18 AG 255; 19 AG 23; 19 AG 129; 20 AG 270; 21 AG 402; 22 AG 120; 23 AG 43; 23 AG 333; 25 AG 57; 25 AG 313;
 

25 AG 361; 25 AG 432; 26 AG 29; 26 AG 72; 26 AG 439; 27 AG 79-80; 27 AG 173; 28 AG 94; 29 AG 24.
 

Annotations: 

5 CCR 1001-13 Page 2 
© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 1, 1-06 Page 1 

All Rights Reserved 

REGULATION NO. 11
 

PART A: General Provisions, Area of Applicability, Schedules for Obtaining 

Certification of Emissions Control, Definitions, Exemptions, and Clean 

Screen/Remote Sensing 

PART B: Standards and Procedures for the Approval, Operations, Gas Span 

Adjustment, Calibration and Certification of the Division Approved Test 

Analyzer Systems for Use in the Basic and Enhanced Program Areas, 

Test Analyzer Systems for Licensed Dealers in the Enhanced Area, 

and Clean Screen Test Analyzer Systems 

PARTC: Inspection Procedures and Requirements for Exhaust Emissions, Fuel 

Evaporation Control, Visible Smoke Emissions, Emissions Control 

Systems, Chlorofluorocarbon Leak Detection, Clean Screening; and 

Practices to Ensure Proper Emissions Related Adjustments and 

Repairs 

PART D: Qualification and Licensing of Emissions Mechanics, Emissions 

Inspectors, and Clean Screen Inspectors; Licensing of Emissions 

Inspection and Readjustment Stations, Inspection-Only Stations, 

Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test Facilities 

and Enhanced Inspection Centers, Clean Screen Inspection Sites; and 

Registration of Emissions Related Repair Facilities and Technicians 

PART E: Prohibited Acts and Penalties to Ensure Proper Inspection Procedures, 

Adherence to Prescribed Procedures and Effective Emissions Related 

Repairs 

PART F: Maximum Allowable Emissions Limits for Motor Vehicle Exhaust, 

Evaporative and Visible Emissions for Light-Duty and Heavy-Duty 

Vehicles 

PARTG: Statements of Basis, Specific Statutory Authority and Purpose 

REFERENCES 

Pursuant to Section 24-4-103 (12.5), C.R.S., material incorporated by reference is 

available during normal working hours, or copies may be obtained at a reasonable cost, 

from the Technical Secretary of the Air Quality Control Commission clo the Colorado 

Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, 

Colorado 80246-1530 or material incorporated by reference within this regulation may 

be examined at any state publications depository library. References do not include 

later amendments to or additions of incorporated material. 

..­

CODE OF COLORADO REGULATIONS 5 CCR 1001-13
 
Page 2 

Part A 

General Provisions, Area of Applicability, Schedules for Obtaining 

Certification of Emissions Control, Definitions, Exemptions, and Clean 

Screening/Remote Sensing 

I. APPLICABILITY 

Subject to the provisions described in sections LA and I.B of this Part A and pursuant to 

the schedule in section I.C of this Part A, all non-diesel fueled motor vehicles which are 

registered in the AIR Program area or which motor vehicle is owned or operated by a 

non-resident who meets the requirements of Section, 42-4-310(1 )(c)(I), C.R.S., will be 

subject to an exhaust and evaporative emissions, chlorofluorocarbon, smoke opacity 

and emissions control, equipment inspection as a prerequisite to initial or renewal of the 

vehicle registration. Any person owning or operating a business and any postsecondary educational institution located in the program area as defined in subsection A 

of this section, excluding EI Paso, Larimer, and Weld Counties, shall annually inform by 

written notice all persons employed by such business or attending classes that they are 

required to comply with the provisions of this regulation. 

I.A. Geographic Areas of Applicability 

This regulation shall apply to the AIR Program area as defined in Section 42-4­

304(20), C.RS. 

1.8. Vehicles Eligible for AIR Program Inspection Procedures. 

This regulation shall apply to all motor vehicles as defined in Section 42-4­

304(18), C.RS. 

Beginning January 1,2007, the AIR Program will no longer apply in EI Paso, 

Larimer, and Weld County portions of the program area. 

Vehicles that are registered in a program area and are being operated outside 

such area but within another program area shall comply with all program 

requirements of the area where such vehicles are being operated. Vehicles 

registered in a program area that are being temporarily operated outside the 

state at the time of registration or registration renewal may apply to the 

department of revenue for a temporary exemption from program requirements. 

Upon return to the program area, such vehicles must be in compliance with all 

reqUirements within fifteen days. A temporary exemption shall not be granted if 

the vehicle will be operated in an emissions testing area in another state unless 

proof of emissions from that area is submitted. 

Pursuant to Section, 42-4-310(1)(c)(I), C.RS. motorists operating vehicles in the 

enhanced program area shall comply with the provisions of the enhanced 

program. 

5 CCR 1001-13 CODE OF COLORADO REGULATIONS
 
© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 1,1-06 Page 3 

All Rights Reserved 

The burden of proof in establishing an exemption from inclusion in all or any part 

of the AIR Program inspection requirements is on the vehicle owner. 

I.C.	 Schedules for Obtaining Certifications of Emissions Control 

I.C.1.	 REPEALED 

I.C.2.	 Inspection schedules during calendar year 1995 and thereafter, vehicles 

are to be inspected according to the schedules established in Sections, 

42-4-304(3)(b)(II), and, 42-4-310(1 )(b)(II), C.RS. as amended. 

I.C.3.	 On or after October 1,1989, no used vehicle which is required to be 

registered in the program area shall be registered, unless such vehicle 

has a Certification of Emissions Control, or of Emissions Exemption. The 

seller of a used vehicle is required to obtain a Certification of Emissions 

Control for the new owner at the time of sale. This paragraph (3) does not 

apply to the sale of a motor vehicle which is inoperable or otherwise 

cannot be tested in accordance with this regulation if the seller of the 

motor vehicle provides a written notice to the purchaser pursuant to 

Section 42-4-310(4), C.RS. If a motor vehicle is being registered for the 

first time in the program area, the owner shall obtain the certi'fication and 

submit it with the application for registration to the Department of Revenue 

or an authorized agent of the Department of Revenue. 

I.C.3.a.	 On or after October 1,1989, no used vehicle which is 

required to be registered in the program area shall be registered, 

unless such vehicle has a Certification of Emissions Control, or of 

Emissions Exemption. The seller of a used vehicle is required to 

obtain a Certification of Emissions Control for the new owner at the 

tune of sale. This paragraph (3) does not apply to the sale of a 

motor vehicle which is inoperable or otherwise cannot be tested in 

accordance with this regulation or that is being sold pursuant to part 

18 (Vehicles Abandoned on Public Property) or part 21 (Vehicles 

Abandoned on Private Property) of article 4 of title 42, C.RS. if the 

seller of the motor vehicle provides a written notice to the purchaser 

pursuant to Section 42-4-310(4), C.RS. If a motor vehicle is being 

registered for the first time in the program area, the owner shall 

obtain the certification and submit it with the application for 

registration to the Department of Revenue or an authorized agent 

of the Department of Revenue. 

I.C.3.b.	 An inspection is not required prior to the sale of a motor 

vehicle with at least twelve months remaining before the vehicle's 

certification of emissions compliance expires if such certification 

was issued when the vehicle was new. This subparagraph I.C.3.b. 

shall take effect upon the completion of necessary computer 

software changes or on January 1,2004, whichever comes first. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 4 

1.C.3.c.	 A motor vehicle being registered in the program area for the 

first time may be registered without an inspection or certification if 

the vehicle has not yet reached its fourth model year pursuant to 

42-4-310(1 )(a)(II)(C)C.R.S. 

I.CA.	 On or after October 1, 1989, and thereafter, any motor vehicle may be
 

voluntarily inspected and a Certification of Emissions Control obtained
 

which shall be valid as specified in section I.C.2. of this part A.
 

I.C.5.	 (Reserved) 

I.C.5.a.	 As it pertains specifically to federally owned or leased 

vehicles, tactical military vehicles are not required to be inspected. 

I.C.5.b.	 Federal installation managers are to declare all federal 

employee-owned vehicles operated on the installation and 

demonstrate that these vehicles have complied with periodic 

inspection requirements pursuant to 40 CFR Section 51.356(A)(4). 

Inspection results shall be reported to the Department of Revenue 

AIR Program section and up-dated based on inspection cycles. 

I.C.5.	 (Reserved) 

I.C.7. On or after January 1, 1995 neets of twenty or more eligible vehicles shall 

be periodically inspected, comply with inspection provisions and obtain a 

Certification of Emissions Control. 

I.C.7.a.	 Fleets may pursue licensing as a fleet inspection station 

under part D of this Regulation No. 11 pursuant to Section, 42-4­

309, C.RS. and comply with the provisions of that section. 

I.C.7.b.	 Fleets may elect to comply with periodic inspection 

requirements under the provisions of Section 42-4-309 (2)(a), 

C.RS. to include the inspection schedules of Sections 42-4­

304(3)(b)(II) and 42-4-310(1 )(b)(II)(a), C.RS. 

I.C.7.c.	 As it pertains to the fleet vehicles provisions pursuant to 

Section 42-4-309, C.R.S. and this subpart 7, municipal fleets of 

twenty vehicles or more may comply with periodic inspection 

requirements as specified in Section 42-4-309(2)(a), C.RS. to 

include inspection schedule of Sections 42-4-304(3)(b)(II) and 42-4­

310 (1)(b)(II)(a), C.R.S. 

I.C.B.	 New motor vehicles being registered with a Manufacturer's Statement of 

Origin (MSO), Manufacturer's Certificate of Origin (MCO) or similar 

document shall be issued a registration without a Certificate of Emissions 

Control. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS
 
© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 1,1-06 Page 5 

All Rights Reserved 

Such new motor vehicles are to be issued a Verification of Emissions Test 

exemption windshield sticker at the time of sale and valid for up to four (4) 

years. The selling dealer is responsible for obtaining the Verification of 

Emissions Test. 

New vehicles under this section shall also include those new vehicles 

leased under an MSa or MCa or similar document and four years without 

an inspection. After the fourth year or a transfer of ownership, such 

vehicles shall be issued a registration only with a Certificate of Emissions 

Control. The inspection schedule for these vehicles shall then revert to a 

biennial cycle. 

I.C.9.a.	 Compliance with AIR Program inspection requirements will 

not be required for wholesale transactions between motor vehicle 

dealers licensed pursuant to Article 6 of Title 12, C.R.S. 

I.C.9.b.	 Effective January 1. 2004. or upon the completion of 

necessary computer software changes, whichever comes first, 

motor vehicle dealers shall have motor vehicles inventoried or 

consigned for retail sale inspected annually. A further inspection is 

not required at the time of sale if: 

i.	 For a 1982 or later motor vehicle, there are at least twelve 

months remaining before the vehicle's certification of 

emission compliance expires and the dealer has had the 

vehicle inspected since acquiring it. Such a vehicle 

purchased from a licensed motor vehicle dealer may be 

registered in the program area without an inspection if, on 

the date of vehicle registration, at least twelve months 

remain before the expiration of such certification. 

ii.	 For a 1981 or earler motor vehicle, the vehicle has a valid 

certification of emission compliance and the dealer has had 

the vehicle inspected since acquiring it. Such a vehicle 

purchased from a licensed motor vehicle dealer may be 

registered in the program area without an inspection if, on 

the date of vehicle registration, at least nine months remain 

before the expiration of such certification. 

I.C.1 O. For purposes of Sections 42-4-304(3),42-4-309(3) and 42-4-310, C.R.S., 

a certificate of emissions Control shall be considered to be issued at the 

time of sale or transfer of a vehicle if such certificate is issued pursuant to 

an inspection conducted no later than the date of such sale or transfer, 

and no earlier than one hundred twenty calendar days prior to such sale or 

transfer. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 6 

I.C.11. Eligible fleets as defined in Section 42-4-309, C.R.S. that declare not to 

self-inspect shall be inspected according to the same schedules, subject 

to the same emissions related repair requirements and waiver provisions 

as non-fleet vehicles. 

I.C.12. For the purposes of 42-4-309(6)(B) if a vehicle fails the test or is 

untestable due to mechanical and/or electrical/electronic problem, the 

motorist shall have the same recourse as that of not passing an 

inspection. However, Section 42-4-309(6), C.R.S. and the regulations 

implementing such provision, shall not be federally enforceable, and shall 

not be incorporated into the State Implementation Plan. 

II.	 DEFINITIONS 

1.	 "Accreditation" means certification that the instrument and instrument 

manufacturer meet the operating criteria specifications and requirements of the 

Colorado Department of Health, Air Quality Control Commissions as specified in 

Part B of this regulation. 

2.·	 "Air Intake Systems" are those systems which allow for the induction of ambient 

air (to include preheated air) into the engine combustion chamber for the purpose 

of mixing with a fuel for combustion. 

3.	 "AIR Program Station" is an Automobile Inspection and Readjustment (AIR) 

Station that qualifies and is licensed to operate as an emissions inspection and 

readjustment station. 

4.	 "Air System" is a system for providing supplementary air into the vehicle's 

exhaust system to promote further oxidation of HC and CO gases and to assist 

catalytic reaction. 

5.	 "BAR 90" refers to the California Bureau of Automotive Repair specifications for 

Exhaust Gas Test Analyzer Systems (TAS) which became effective in 1990. 

6.	 "Basic Engine Systems" are those parts or assemblies which provide for the 

efficient conversion of a compressed air/fuel charge into useful power to include 

but not limited to valve train mechanisms, cylinder head to block integrity, pistonring-cylinder sealing integrity and post-combustion emissions control devise 

integrity. 

7.	 "Calibration" is the process of establishing or verifying the total response curve of 

an exhaust gas analyzer. Calibration is a laboratory procedure IJsing several 

different calibration gases having precisely known concentrations. 

8.	 "Calibration Gases" are gases of precisely known concentration which are 

usually used in the laboratory as references for establishing or verifying the 

calibration curve of an exhaust gas analyzer. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS
 
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9.	 "Catalytic Converter" is a post-combustion device which oxidizes HC and CO 

gases andlor reduces oxides of nitrogen. 

10.	 "Certification" means assurance by the authorized source, whether it be 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 appendix A, final rule vol.57.mp 147 Federal Register, 40 CFR part 

82. 

12.	 "Clean 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.	 "Clean Screen Inspector" is a person found qualified by the Division, and 

licensed by the Executive Director 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.	 "Clean Screened Vehicle" is a vehicle which is eligible for inspection, has at least 

two consecutive passing emissions readings performed on different days or at 

different approved Clean Screen Inspection Sites prior to its registration renewal 

date, and has otherwise complied with the provisions of Section IV of this Part A, 

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 entity 

may also act as general contractor in conducting and facilitating clean screen 

inspections. 

17.	 "Colorado '94" refers to those test analyzer systems which 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. 

18.	 Colorado Automobile Dealer Transient Mode Test Analyzer System is a 

dynamometer based inspection system capable of performing an inspection 

grade (I/G 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.	 "Compliance" means verification that certain submission data and hardware 

submitted by a manufacturer for accreditation consideration, meet all required 

accreditation requirements. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 8 

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.	 "Emissions 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. 

24.	 "Fuel Control Systems" are those mechanical, electro-mechanical, galvanic or 

electronic parts or assemblies which 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 which 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. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS
 
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33.	 "Inspection-only station" is that licensed station within the basic program area as 

defined in Section 42-4-304(2), C.RS., which meets the requirements of Section 

42-4-308, C.RS., which facility the operator is licensed to operate by the 

Executive Director as an inspection-only station. 

34.	 "Instrument" is the complete system which 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.	 "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. 

37.	 "Original Condition" means the condition as installed by the manufacturer but not 

necessarily to the original level of effectiveness. 

38.	 "Program Area" is that geographic area defined in Section 42-4-304(20), C.RS. 

39.	 "Registration Renewal Date" is the last day of the month in which the vehicle 

registration expires as defined in Section 42-3-103, C.RS. 

40.	 "Span Gases" are gases of known concentration used as references to adjust or 

verify the adjustment of an exhaust gas analyzer's span settings. 

41.	 "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. 

42.	 "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. 

43.	 "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. 

44.	 "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. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 10 

liLA.	 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.RS., 

42-4-314(2), C.RS. 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 

IILA.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. 

111.8.	 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.RS. 

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. 

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.RS., in the larimer and Weld County elements of the 

basic program area as defined in Section 42-4-304(2), C.R.S. Effective 

January 1,2007 this subpart IV.A.1. of Part A is repealed. 

IV.A.2.	 The Clean Screen Program as established in section 42-4-306(23) 

C.R.S., shall include 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
 
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for which registration will expire within twelve months, a certificate of 

emissions control is a prerequisite to renewal and which are registered in 

a clean screen program county. 

IV.B.2.	 The counties of Adams, Arapahoe, Boulder, Broomfield, Denver, 

Douglas, Jefferson, Larimer, and Weld are clean screen counties. 

Effective January 1,2007 this subpart IV.B.2.of Part A is repealed. 

IV.B.3.	 Effective January 1, 2007, the counties of Adams, Arapahoe, 

Boulder, Broomfield, Denver, Douglas, and Jefferson are clean screen 

counties. 

IV.C.	 REPEALED 

IV.D.	 Enhanced program area phase-in schedule 

Based upon the schedule specified below, remote emissions sensing procedures 

shall be introduced in the enhanced program area as defined in Section 42-4­

304(20)(c)(I) and (II) only to the extent such phase-in schedule is consistent with, 

and made possible by, the schedule promulgated by the Commission pursuant to 

Section 42-4-134(26.5)(a), C.R.S. 

IV.D.1.	 For purposes of the clean-screen program, no more than twenty 

percent of the fleet of gasoline vehicles in the enhanced program area will 

be evaluated with remote sensing between March 1, 2002 and February 

28,2003. 

IV.D.2.	 For purposes of the clean-screen program, no more than forty 

percent of the fleet of gasoline vehicles in the enhanced program area will 

be evaluated with remote sensing between March 1, 2003 and February 

29,2004. 

IV.D.3 For purposes of the clean-screen program, no more than sixty percent of 

the fleet of gasoline vehicles in the enhanced program area will be 

evaluated with remote sensing during any twelve month period between 

March 1, 2004 and December 31, 2005. 

IV.D.4 For purposes of the clean-screen program, no more than fifty percent of 

the '~eet of gasoline vehicles in the enhanced program area will be 

evaluated with remote sensing during any twelve-month period after 

December 31, 2005. 

IV.E.	 Schedule for collection of emissions inspection fees by county clerks and 

recorders. 

IV.E.1.	 Beginning with motor vehicles with registration renewals coming 

due in November 2002, the clerks and recorders for the counties of 

Larimer and Weld shall collect an emissions inspection fee in the amount 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 12 

specified pursuant to Section 42-3-134(26.5)(a)(I), C.R.S., at the time of 

registration of a motor vehicle that the Department of Revenue has 

determined to have been clean screened, unless a valid certification of 

emissions compliance has already been issued for the vehicle being 

registered indicating that the vehicle passed the applicable emissions test 

at an enhanced inspection center, inspection and readjustment station, 

motor vehicle dealer test facility, or fleet inspection station. 

This section IV.E.1. shall not apply until the Colorado Department of 

Revenue and the Air Pollution Control Division determine that all requisite 

computer programming changes necessary for the functioning of the payupon-registration system have been completed, and that the pay-uponregistration system will function properly in such counties. 

Effective January 1, 2007 this subpart IV.E.1 of Part A is repealed. 

IV.E.2.	 Beginning with motor vehicle registration renewals coming due in 

April 2003, the clerks and recorders for the counties of Adams, Arapahoe, 

Boulder, Broomfield, Denver, Douglas, and Jefferson shall collect an 

emissions inspection fee in the amount specified pursuant to Section 42-3­

134(26.5)(a)(I), C.R.S. at the time of registration of a motor vehicle that 

the Department of Revenue has determined to have been clean screened, 

unless a valid certification of emissions compliance has already been 

issued for the vehicle being registered indicating that the vehicle passed 

the applicable emissions test at an enhanced inspection center, motor 

vehicle dealer test facility or neet inspection station. 

This Section IV.E.2. shall not apply until the Colorado Department of 

Revenue and the Air Pollution Control Division determine that: 

I.	 All requisite computer programming changes necessary for the 

functioning of the pay-upon-registration system have been 

completed; 

II.	 The test equipment is in place and its reliability has been verified; 

and 

III.	 A test run demonstrates that the system will accurately send 

notices to the correct vehicles. 

IV.F.	 Repeal 

This section IV shall be repealed effective December 31,2007. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

MODEL YEAR HC 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 

1I1.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 HC	 CO NOx 

2002 1.2 20 3.0 

2003 1.2 20 3.0 

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 HC	 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 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-13
 
Page 58 

MODEL YEAR HC co NOx 

1995 4 20 9 

1996 4 20 9 

1997 4 20 9 

1998 and newer 4 20 9 

III.B.2. The following 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 4 20 4 

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. 

IVA	 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 which will result in a pass/fail flow rate threshold of 60 

cclminute of air at 30 inches of water (column). 

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 

VIA	 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. 

VI.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. 

5 CCR 1001-13	 CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

XVIII. AMENDMENTS ADOPTED NOVEMBER 17, 2005. 

The purpose 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 "false failures·. A false failure occurs when a vehicle 

fails the emissions test even though 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. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-13
 
STATE SER\'I("ES RI'II.IJI'G JOHN W. SliTHERS STATE OF COLORADO 1525 Sherman Street - 5th Floor Attorney General Denwr. Colorado 80203 DEPARTMENT OF LA'" Phone (303) %6-4500 CYNTHIA H. COFF\IA' FAX 130] 1866-5691 ChiefDeputy Attorney General OFFICE OF THE ArrOR"IEY GE'\ERAI. 

ALL/SO' H. Em 

Solicitor General 

OPINION OF THE ATTORNEY GENERAL RENDERED IN
 

CONNECTION WITH THE RULES ADOPTED BY
 

COLORADO PEACE OFFICER STANDARDS AND TRAINING BOARD
 

ON D,ECEMBER 9. 2005
 

CONCERNING PEACE OFFICER STANDARDS AND TRAINING 

The above-referenced rules were submitted to this office on December 9.2005. as required 

by 24-4-103. CR.S. (2003). This office has reviewed them and finds no apparent 

constitutional or legal deficiency in their form or substance. 

DATE: December 16. 2005 

JOHN W. SUTHERS 

Attorney General 

by ALLISON H. EID 

Solicitor General 

4 CCR 901-1 

29AG 23 
.JOUN W. SliTHERS STATE SERVICES BlRUING STATE OF COLORADO Attorney General 1525 Shennan Street - 5th Floor 

DEPARTMENT OF LAW Denver, Colorado 80203 

Phone (303) 866-4500 CYNTHIA s. HONSSI~GF:R FAX (303) 866-5691 Chief Deputy Attomey General OFFICE OFTHF: ATTORNEY GENERAl. 

AI.LlSON H. Em 

Solicitor General 

OPINION OF THE ATTORNEY GENERAL RENDERED IN
 

CONNECTION WITH THE RULES ADOPTED BY
 

COLORADO AIR QUALITY CONTROL COMMISSION
 

ON NOVEMBER 17,2005
 

CONCERNING MOTOR VEHICLE EMISSIONS lNSPECTION PROGRAM, 

REGULATION NO. 11 [5 CCR 1001-13] 

The above-referenced rules were submitted to this office on November 22,2005, as required 

by § 24-4~ 103, C.R.S. This office has reviewed them and finds no apparent constitutional or 

legal deficiency in their form or substance. 

JOHN W. SUTHERS 

Attorney General 

by ALLISON H. EID 

Solicitor General 

5 CCR 1001-13 

29AG 24 
NOTICE OF FINAL ADOPTION
 
STATE OF COLORADO
 

Bill Owens. Governor 

Douglas H. Benevento. Executive Director 

COLORADO AIR QUALITY CONTROL COMMISSION 

haptlwww.cdphc.Slale.co.us 

OEO-oLll.A-AS 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1 S30 

Phone (303) 692-3100 

Fax (303) 691-7702 

TDD (303)691-7700 

Colorado DepartmeDt 

of Public HnUb 

and [aviroameot 

NOTICE OF FINAL ADOPTION 

PURSUANT to the provisions of sections 25-7-105.1, 105(a)(I), and 42-4-403, eRS. of the 

Colorado Pollution Prevention and Control Act. 

NOTICE IS HEREBY GIVEN that after a public rulemaking hearing November 17, 2005, and in 

compliance with the requirements of sections 25-7-105.1, 105(a)(I), and 42-4-403, C.R.S., the 

Colorado Air Quality Control Commission made revisions to: 

Regulation No. 11 - "Motor Vehicle Emissions Inspection Program" 

The purpose of this rulemaking action is to adopt a proposal to revise the rule to reflect changes 

made to State Law in 2005 House Bill 1214 regarding emission testing cycles and to appeal the 

vehicle emission limits or cut-points currently identified in the regulation to become effective 

January 1,2006. 

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

publication in the Colorado Register, pursuant to 24-4-103(5) and (l1)(d), eRS., and will 

become effective March 2, 2006. Additionally, pursuant to 24-4-103(8)(d), C.RS., within 20 

days after the date of the Attorney General's Opinion, this action will be submitted to the Office 

ofLegislative Legal Services for review. 

Dated this 21 st day of December, 2005 at Denver, Colorado. 

COLORADO AIR QUALITY CONTROL COMMISSION 

~~mstrator