----------- 

# 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 ofPublicHealth htlp:llwww.cdphe.state.co.us andEnvironment August 8, 2006 Robert Roberts Regional Administrator 

## AUG 21 2005 US EPARegion VIn 999 18 th Street, Suite 500 Denver, Colorado 80202 

# lJSEPARNSOFFICE

Dear**~v1r.** Roberts: Thefollowing 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 ofthe materials needed for your review ofeach 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 ofEPA 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 OpenBurning requirements We look forward to your timely review and approval ofthis request. Any additional technical support documentation orinformation 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 ifany. • Statement ofBasis, Specific Statutory Authority and Purpose for each regulation. • Opinion ofthe Attorney General • Regulation as published in the CCR • Notice offinal adoption

# HEARINGNOTICE AS PUBLISHED IN THE CCR

# STATEOFCOLORADO

Bill Owens, Governor Douglas H. Benevenlo. Executive Direclor 

### COLORADOAIR QUALITY CONTROL COMMISSION hl1p:llwww.cdphe.staIC.CO.as 4300 Cherry Creek Drive South 

# RECEIVED OED-OLRA-A5 Denver, Colorado 80246-1530 Phone (303) 692-3100 ColoradoDepartmeD1 

## AUG 19 2005 Fax (303) 691-7702 ofPublic Heahh TDD (303) 691-7700 aDd EuviroDmeD1 

## ELECTIONSILICENSING



## . SECRETARYOF STATr

. NOTICE OF PUBLIC

# RULEMAKI~G HEARING BEFORETHE COLORADOAIR QUALITY CONTROL COMMISSION 

# Regarding Proposed Revisions to:

.Regulation Number 11, MotorVehicle Emissions Inspection Program

SUBJECT: The Commission will consider a proposal to revise the rule to reflect changesmade to States Law in 2005 House Bill 1214regarding emission testing cycles and to appeal the vehicle emission limitsorcut-points currently identified inthe regulation to become effective January I, 2006. 

### FEDERALREQUIREMENTS: The federal act doesnotrequire the Commissionto make any ofthe rule revisions that are the subject ofthis Notice ofPublic Rulemaking Hearing. A proposed Statement ofBasis, Specific StatutoryAuthority, and Purpose and a regulatory analysis (ifone has been requested) willbe available for inspection no laterthan five (5) dayspriortothehearing. 'The proposed language for the rule revision is attached toand made a partofthis 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 hearingmay becontinuedatsuchplaces andtime as the Commission mayannounce. The Commission shall deliberate upon the evidence, testimony and written submissions presented at this hearing, aswell as anyrelated mattersproperly submittedbeforethehearing record is closed.

### PUBLIC COMMENT: The Commission encourages all interested persons toprovidetheir viewseither orally atthehearingorin writingpriorto or at the hearing. The Conunission especially solicits conunents and analyses from

. personswho will incur directly some cost orbenefit from the proposedrevisions. Public testimony will

be taken as close to the start ofthe hearing aspossible and during the hearing as necessary. Written submissions prior to the hearing are requested to allowreview priorto presentation atthe hearing. Written submission should be mailed tothe Commission Officeatleast 14 daysprior tothehearing. 

### PARTY STATUS: In orderto obtam party status at the hearing, compliancewith several requirements asdefined in the CommissionsProcedural Rules isnecessary. An original and three (3) copies ofa written petition for party status must be filed with the Officeofthe Air Quality Control Commissionno laterthan 5:00p.m. September 20, 2005. The petitionmust: J) identify theapplicant; 2)provide the name, address, and telephone and facsimile numbers of theapplicants representative; and3) brieflysummarize what, 

### if any, policy,factual, andlegal issues theapplicant has with theproposal(s) as of the time offilingthe application. Copies ofthepetition forparty status must also be received,bythis same date,bythe

. Division staffperson and the Assistant Attorneys General representingtheDivision and the Commission identified below. Individuals may also obtain party status through the submittal ofan initial alternativerule tothe proposed rule. The submittal ofan alternative proposal must be accompanied by twenty (20) copies ofthe initial alternative proposedrule and all otherassociated docwnents asrequired bythe Commissionsprocedural rules andmustbe filed with the Office ofthe Commissionbythe date specified for party status requests. Initial alternativerules must also be filed with the Division staffperson and with each ofthe Assistant Attorneys General. Air Quality Control Commission

. KimLivo FrankJohnson OED-OPPI-A5 APCD-MS-B1 Attorney Generals Office 4300 CherryCreek Dr S 4300 ChenyCreek Dr S 1525 Shennan St, Sib Floor Denver, CO 80246-1530 Denver, CO 80246-1530 Denver. CO 80203 Requestsreceivedbeyond the above stated deadline shall only be considered upon a written motion for good cause shown. The Commissionreservesthe right to deny party statusto anyone that doesnot complywith the Commissionsprocedural rules.

. . 

### STATUS CONFERENCE: A status conferencewill beheld September29, 2005, at 9:00 a.m. to ascertain and discuss the issues involved, and to ensure thatparties are making all necessaryefforts to discuss andresolve such issues priortothe submission ofpreheaTing statements. Attendance at this status conferenceismandatory for anyone who hasrequestedparty status. 

### PREHEARING CONFERENCEIPREHEARING STATEMENTS: Attendance at the prehearing conferenceisalsomandatory for all partiesto this hearing. A prehearing conferencewill beheld October 27 2005 at 9:00 a.m. in theConunission Officesat4300 Cherry Creek Drive South. Denver. All parties must submit an original and twenty (20) copies ofa preliminary prehearing statementto the Conunission Officeby 5:00p.m., October20, 2005. In addition, copiesof thesedocuments mustbe mailed orhand-deliver:ed bythat date to all persons whohaverequested party status
.. A copy ofthe prehearing statement must also be delivered to the Division pointofcontact, and**e~ch** ofthe Assistant Attorneys General identified aboveby 5:00p.m. October 20,2005. Anyrevisions to the prehearing statementmust be submitted with anoriginal and twenty (20) copiesto the Administratorofthe Commission at the prehearingconference. Any exhibit includedin theprehearing statements will be mailed toindividual Commissioners forreviewpriorto the hearing, provided the party

### • • files twenty (20) copies ofsuch exhibit. Rebuttalstothe preheanng statement maybe submitted tothe Commission office and all otherpartiesby 5:00p.m., November 1,2005. 

### STATUTORYAUTHORITY FORTHE COMMISSION'SACTIONS: Therule-making authority ofthe Commissioncanbe found in sections42-4-306(1), 42-4-316(1), C.R.S. Therule-making hearing will be conducted in accordwith sections 24-4-103 and 25-7-110, C.R.S., as amended, the Procedural Rules ofthe Connnission and as otherwise stated inthis notice. This listof statutoryauthority isnotintended as an exhaustive listofthe Commission's statutory authority to act in this matter. Dated this 18th day ofAugust, 2005, atDenver, Colorado COLORAOO AIR QUALITY CONTROL COMMISSION

## ..

# ­
Attachment 2 Proposed Regulation No. 11

PartA General Provisions,Area ofApplicability, Schedules for Obtaining Certification ofEmissions Control,Definitions,Exemptions, and Clean ScreeninglRemoteSensing I. APPLICABILITY I.B. Vehicles Eligible for 

### AIRProgram Inspection Procedures. This regulation shall apply to all motorvehicles 

### as defined in Section 42-4­ 

### 304(18), C.R.S. BeginningJanuary 1, 2007, the AIRProgram will no longer applyin EI Paso, Larimer, and Weld Countyportions 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 complywith the requirements ofthe areain which the vehicle isbeingoperated. The Department ofRevenue oran authorized agent shall establish provisionsto ensme motorist compliance with periodic inspection requirements for Colorado motorists operating vehicles in state 

### as well as out ofstate. A Certificate ofEmissions Control orits equivalent obtained 

### in another state shall be considered equivalent until such time as the vehicle returns. Themotorist shall complywith the requirements ofthis regulation A-as soon as practicablebut not to exceed**(~15)** tItiRyfifteen days. Basic area motorists commutinginto the enhancedprogramareawhohave compliedwith enhanced

. programrequirements ·need notcomplywith basic programprovisions. Pursuant to Section, 42-4-310(1)(c)(l), C.R.S. motorists operatingvehiclesinthe enhanced program area shall complywith theprovisions ofthe enhanced program. The burden ofproofin establishing an exemption from inclusionin all or any part ofthe 

### AIRProgram inspectionrequirements 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 ifthe vehicle has not yet reached its fourth model year pursuant to 42-4­ 310(l)(a){I1)(C) C.R.S..".



### PartF Maximum AllowableEmissionsLimits for MotorVehicle Exhaust, Evaporative and VisibleEmissionsfor Light-Dutyand Heavy-DutyVehicles



### In. TRANSIENTTESTMASS EMISSIONS LIMITS IN GRAMSIMILE (GPM) 

## rnA. Light-dutyvehicles (excluding light-duty trucks) ill.A.I. The following emissions standards shall applyto those testsperfonned on and after January 1,1999. MODELYEAR 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 applyto those tests perfonned on model year 1996 and newer vehicles, on and afterJanuary 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

### Attachment3 Statement ofBasis, Specific StatutoryAuthority and Purpose

XVIII. AMENDMENTS ADOPTEDNOVEMBER 17,2005.
THEPURPOSE OFTHIS RULEMAKING ISTO IMPLEMENT PROVISIONS CONTAINED IN 

### HB05-1214 THAT ELiMINAYE THE INSPECTION REQUIREMENT FORVEHICLES THAT HAVE NOT YET REACHED THEIRFOURTH MODELYEAR REGISTERING IN THE 1M PROGRAM AREA FORTHEFIRSTTIME. ANOTHER PURPOSE OFTHISREVISION ISTO PREVENTA CHANGE IN EMISSIONS STANDARDS SCHEDULED TOTAKE EFFECT ON JANUARY 

### I, 2006 FOR 

### 1996 AND NEWERLIGHT-DUTY VEHICLES. THE STANDARDS SCHEDULEDTOTAKEAFFECT ON JANUARY 

### 1, 2006 WERE OVERLY STRINGENT, AND WERE LIKELY TO RESULT IN AN UNACCEPTABLE NUMBER OF "FALSEFAILURES". A FALSE FAILURE OCCURSWHEN AVEHICLE FAILSTHE EMISSIONSTESTEVEN THOUGH THERE IS NOTHING WRONG WITH THEVEHICLE. THE EFFECT OFTHERULE CHANGE IS TO MAINTAIN THE STATUS QUO. THE PROVISIONS AMENDED IN THIS RULE CHANGE ARE NOT MORE STRINGENT THAN FEDERALREQUIREMENTS.

STATUTORYAUTHORITY

THE COMMISSION PROMULGAYES THESE REGULATORY CHANGES PURSUANTTOITS AUTHORITY TOPROMULGATE SUCH REGULATIONS AS MAY BENECESSARY TO IMPLEMENTTHE PROGRAM SETOUTIN SECTION

### 42-4-306(1), C.R.S. AND THE AUTHORITYTO SETEMISSIONS STANDARDS PROYJDED BY SECTION

### 42-4-306(6)(b).

FINDINGS PURSUANTTO 

### 25-7-11 0.8. C.R.S.

THE REQUIREMENTS OF

### 25-7-110.8 00NOTAPPLYTOTHE NOVEMBER

### 2005 RULE REVISIONS BECAUSE THESE REVISIONS DO NOT ESTABLISH NEW REQUIREMENTS INTENDED TO REDUCE AIR POLLUTION. INSTEAD, THESE REVISIONS IMPLEMENTSf ATE STAUTE AND LESSEN THECOSTAND BURDEN OFTHE AUTOMOBILE INSPECTIONAND

. READJUSTMENTPROGRAM.

# AGENDA

# STATE OF COLORADO

Bill Owens, Governor Douglas H. Benevento, Executive Director COLORADOAIRQUALITYCONTROL 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 ofMeeting and Agenda Air Quality Control Commission Thursday, 

# November17,2005
Colorado Department ofPublic Health & 

## Environment Sabin Room 4300 CherryCreekDrive South Denver, Colorado



## 9:00 

## a.m. Call to Order: Detennination ofa Quorum 

### Approval ofMinutes: Review/Approval ofthe October 20,2005 meeting minutes ofthe Air Quality Control Commission. 

### Public Comment: The public is invited to comment on any airpollution 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 OfGovernments (DRCOG) TheDenverRegional Council ofGovernments will request that the Commission hold a public hearing to review their finding ofconfonnity 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 1214regarding emission testing cycles and to remove a requirement to make emission testing limits more stringent in 2006 for 1996 and newermodel year vehicles. BRIEFINGS, REPORTS AND COMMISSION DISCUSSIONS 3. SAFETEA-LU (25 minutes presentation, 15 minutes discussion) 1effHouck ofthe Federal Highway Administration and JeffMay ofthe DenverRegional Council ofGovernments will present a review ofthe changes made to the new federal transportation legislation that impact the determinations oftransportation confonnity and the relationship between transportationplanning agencies and airqualitymanagement 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 ofenergy efficiency and sources ofrenewable energy into air quality State Implementation Plans as airpollutant mitigation measure and how states can take advantage ofenergy efficiency and renewable energy projects in the settlement of enforcement cases using supplemental environmental projects (SEPs) and inpennitting. 5. Pikes Peak Area Council ofGovernments (PPACG) (15 minutes presentation, 10 minutes discussion) Rich Muzzyofthe Pikes Peak Area Council ofGovernments (PPACG) will present to the Commission the work ofa multijurisdictional committee that has been meeting to consider options to implement mobile source emission controls when the vehicle emission inspection program is discontinued inthe Fort Collins/Greeley and Colorado Springs areas. 6. CommissionerInformational Items Commissioners will discuss among themselves activities that theyhave participated in over the past month that they believe otherCommissioners and/ormembers ofthe public maybe interested in hearing about. 7. Division Director's Report

- Margie Perkins • Monthly activities report

2

### 8. Attorney General's Report-FrankJohnson • Update on Recent Court Decisions 9. Administrator's Report-Doug Lempke • DecemberMeeting 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-HEARINGACTIONS REQUESTFOR 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:
Request for PublicHearing: Revisions to RegulationNo. 

### 11: Motor Vehicle Emissions Inspection ProgramIthas become apparent that EPA final cutpoints are too restrictive and will falsely fail many newer automobiles. The U.S. EPA no longerrecommends 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 offalsely failing many 1996 and newer automobiles. Based on2004 Enhanced 1M Program results, 1996 and newermodel year cars have a 0.57% emissions inspection failure rate. Itis estimatedthat ifEPA final cutpoints were inplace, 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 pervehicle, this would result in an additional $4.1 million inrepair costs for the 1M Program. The air quality benefit ofrepairing many ofthese marginally failed cars would be small. Exhaust HC emissions in2007 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 onJanuary 1, 2006 forthe Enhanced 1M Program (see chart below). Previously in December 2003, the Commission acted to preventthe 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 PartF Maximum Allowable Emissions Limits for MotorVehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles ID. TRANSIENTTESTMASS 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 RegulationNo. 

### 11 3. Draft Statement ofBasis and Specific Statutory Authority and Pwpose 4. Initial Economic Analysis 

### 5. Copyof

### HB05-1214

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 EmissionsInspection 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, MotorVehicle Emissions Inspection Program



### EXPLANATION OFTHEPROPOSED RULE The proposed revisions to RegulationNo. 11 will:



### . . . 

### 1. Implementprevisions contained inHB05-1214 by expressly stating that an inspection is notrequired to register a vehicle 

### inthe 1M Program area for the first time ifthe vehicle has notyetreached its fourth model year. 2. Preventthe implementation ofEPAfinal 

### emissions standards 

### for 1996·and newer model year cars that are due to take affectJanuary 1,2006. 3. Correct certain language and format errors and mistakes contained 

### inthe current AQCC RegulationNumber 11.**Rl~E~GPACKAGE** 

### The following are attached to this Memorandum ofNotice: The actual language ofthe proposed revisions to Regulation No. 11. Draft

### Statement of Basis andSpecific StatutoryAuthorityandPurpose. The InitialEconomic ImpactAnalysis. 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, andNewMexico, 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). Utah has a change-of-ownershiprequirement, 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-yearnew vehicle exemption is more stringentthat Colorado's. Arizona has a four year new vehicle exemption with a required inspectionupon 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 whenthe 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 effectJanuary 1,2005. 

### CONTACT PERSONS For additional infonnationonthe proposedrule, please contact either ofthe following individuals: Kim Livo Air Pollution Control Division (303) 692-3134 Kim.Livo@state.co.us 

### FrankJohnson 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

PartA GeneralProvisions, Area ofApplicability, Schedules for Obtaining Certification ofEmissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing 

### I. APPLICABILITY I.B. Vehicles Eligible for AIRProgram Inspection Procedures. This regulation shall apply to all motorvehicles as defined in Section

### 42-4­ 304(18), C.R.S. BeginningJanuary 

### 1,2007, the AIRProgram will no longer apply in El Paso, Larimer, and Weld Countyportions ofthe program area Vehicles registered in a program area established in Section lA. ofthis part A that are being operated outside such areabutwithin another emissions inspection and maintenanceprogram area shall comply with the requirements ofthe area 

### in whichthe vehicle is being operated. TheDepartment ofRevenue oranauthorized agent shall establishprovisions to ensuremotorist compliancewithperiodic inspectionrequirements for Colorado motorists operating vehicles in state as well as out ofstate. A Certificate ofEmissions Control orits equivalent obtained in another state shall beconsidered equivalent until suchtime as thevehicle returns. Themotorist shall comply with therequirements ofthis regulation A-as soon as practicablebutnotto exceed**(~15)** tIJ.iRy 

### fifteen days. Basic areamotorists commuting into the enhanced program areawho have complied with enhanced programrequirements need not comply withbasic programprovisions. Pursuant to Section, 

### 42-4-310(1)(c)(1), C.R.S. motorists operatingvehicles inthe enhanced program area shall comply with theprovisions ofthe enhancedprogram. The burden ofproofin establishing an exemption from inclusion in all or any part ofthe AIR Program inspection requirements is onthe vehicle owner. lC. Schedules for Obtaining Certifications ofEmissions Control 

### I.C.3.c. A motorveliicle being registered in the program area for the first time may be registered without an inspection orcertification ifthe vehicle has not yet reached its fourth model yearpursuantto 42-4­ 310(1)(a)(II)(C) C.R.S.

### PartF MaximumAllowableEmissions Limits forMotorVehicle Exhaust, Evaporative andVisible Emissions for Light-Duty andHeavy-DutyVehicles



### III. TRANSIENT TESTMASS 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 afterJanuary 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 applyto those tests perfonned on model year 1996 and newervehicles, on and after January 1, ofthe dates specified.

CALENDARYEAR 

### HC CO 2002 1.2 20 3.0 2003 1.2 20 3.0 1009 0-' 

### .w M

### Attachment3 StatementofBasis, Specific StatutoryAuthority and Purpose



## xvm. AMENDMENTS ADOPTED NOVEMBER 17, 2005.
THE PURPOSE OFTHIS RULEMAKING IS TOIMPLEMENT PROVISIONS CONTAINED IN 

### HB05-1214 THATELIMINATE THE INSPECTION REQUIREMENT FORVEHICLES mAT HAVE NOT YET REACHED THEIRFOURTH MODEL YEAR REGISTERING IN THE 

### 1M PROGRAM AREA FORTHE FIRSTTIME. ANOTHERPURPOSE OFTHIS REVISION IS TO PREVENT A CHANGE IN EMISSIONS STANDARDS SCHEDULED TOTAKE EFFECT ON JANUARY 

### 1, 2006 FOR 

### 1996 AND NEWERLIGHT-DUTY VEHICLES. THE STANDARDS SCHEDULED TOTAKEAFFECT 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 FAILSTHE EMISSIONS TESTEVEN THOUGH THERE IS NOTHING WRONG WITH THE VEHICLE. THE EFFECTOFTHE RULE CHANGE IS TO MAINTAIN THE STATUS QUO. THE PROVISIONS AMENDED IN THIS RULE CHANGE ARE NOTMORE STRINGENTmAN FEDERAL REQUIREMENTS.

STATUTORYAUTHORITY

THE COMMISSION PROMULGATES THESE REGULATORY CHANGES PURSUANTTO ITS AUTHORITYTO PROMULGATE SUCHREGULATIONS AS MAY BE NECESSARY TO IMPLEMENTTHE PROGRAM SETOUTIN SECTION

### 42-4-306(1), C.R.S. AND THE

. AUTHORITY TO SET EMISSIONS STANDARDS PROVIDED BY SECTION 

### 42-4-306(6)(b).

FINDINGS PURSUANTTO

### 25-7-110.8. C.R.S.

THE REQUIREMENTS OF

### 25-7-110.8 DO NOT APPLY TOTHE NOVEMBER

### 2005 RULE REVISIONS BECAUSE THESE REVISIONS DO NOT ESTABLISH NEW REQUIREMENTS INTENDED TOREDUCE AIRPOLLUTION. INSTEAD, THESE REVISIONS IMPLEMENTSTATE STAUTE AND LESSEN THE COST AND BURDEN OFTHEAUTOMOBILE INSPECTION AND READJUSTMENT PROGRAM.

### Attachment 4

IlNTIAL ECONOMIC IMPACTANALYSIS Per c.R.S. 25-7-llO.5(4)(c)(I) for 

### Revisions to AQCC Regulation Number 11: MotorVehicle Inspection Program August 18, 2005



### ECONOMIC IMPACTANALYSIS 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 decisionbecause it is allowed no significantpolicy-making options regarding such changes. This economic impact statement analyzes the impacts ofthe 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 inthe enhanced 11M program are scheduled to betightened to the EPArecommended final exhaust emissions standards by January 1, 2006. EPA 

### "final cutpoints" were originally adopted in Regulation No. 11 to pennitthe state to take maximum credit from the 11M program aspart oftheDenver area's COre-designation. 

### Ithas 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 beingrevised, anddo not rely onthe EPA final cutpoints standards.



### AFFECTED PARTIES Themotoring public, vehicle repair facilities, andrepair technicians will be affected by this proposedrule. 

### Industry I 

### Business Theproposed 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 EMISSIONCONTROLINSPECTIONS.

Be it enactedby the GeneralAssemblyof the State of Colorado: 

### 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) Ifsuch vehicle is being registered in the program area**fo~** 

### the first time, the owner shall obtain any certification required for the countywhereregistrationis soughtand shall submitsuchcertificationtothe department ofrevenue or an authorized agent thereofwith such owner's application for the registration ofthe motor vehicle. A MOTOR VElllCLE BEING REGISTERED IN THE PROGRAM AREA FOR THE FIRST TIME MAY BE REGISTEREDWITHOUTANINSPECTIONORCERTIFICATIONIFTIlEVEHICLEHAS NOT YET REACHED ITS FOURTH MODEL YEAR OR ALATER MODEL YEAR

Capital letters indicatenewmaterialaddedto existingstatutes; dashes through words indicate deletionsfrom existing statutes andsuch materialnotpart of act.ESTABLISHED BYTHECOMMISSIONPURSUANTTO SECTION 42-4-306 (8) (b), C.R.S.(C) (III) Vehicles that are registeredin a program areathat AND are being operated outside such area but within another program area shall complywith all programrequirements ofthe areawhere such vehicles are being operated. Vehicles registered in a program area that are being temporarilyoperatedoutside ofan, programarea THE STATE at the timeof registration orregistration renewalmay applyto the departmentofrevenue fora temporaryexemptionfromprogramrequirements. Uponreturntothe program area, such vehicles mustbe 

### in compliance with all requirements within fifteen days. A TEMPORARY EXEMPTION SHALL NOT BE GRANTED IF THEVEHICLEWILLBEOPERATED INANEMISSIONSTESTINGAREAINANOTHER 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 applyto motorvehicleregistrations on orafter 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 ofthe public**peace~ health~**  

### and safety.

Andrew Romanoff SPEAKER OF THE HOUSE OF REPRESENTATNES

Marilyn 

### Eddins CHIEF CLERKOF THE HOUSE OF REPRESENTATNES

APPROVED 

### Joan Fitz-Gerald PRESIDENT OF THE SENATE



### Karen Goldman SECRETARY OF THE SENATE

_

Bill Owens GOVERNOROF THE STATE OF COLORADO

PAGE 3-HOUSE BILL 05-1214

### Attachment 1 Proposed Regulation No. 11

PartA General Provisions, Area ofApplicability, Schedules for Obtaining Certification ofEmissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing I. APPLICABILITY I.B. Vehicles Eligible for AIRProgram Inspection Procedures. This regulation shall apply to all motor vehicles as defined in Section 42-4­ 304(18), C.R.S. BeginningJanuary 1,2007, the AIR Program will no longer apply in EI Paso, Larimer, and Weld Countyportions ofthe program area. Vehicles that are registered in a program area established in Section LA. ofthis part A that and are being operated outside such areabut 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 ofRevenue 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 ofstate. A Certificate ofEmissions 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 ofregistration orregistration 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 ofthis 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 ifthe vehicle will be operated in an emissions testing area in another state unless proofof 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 ofproofin establishing an exemption from inclusion in all or any part ofthe AIR Program inspectionrequirements is on the vehicle owner.

### LC. Schedules for Obtaining Certifications ofEmissions 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 ifthe vehicle has not yet reached its fourth model year pursuant to 42-4­ 310(1)(a)(II)(C) C.R.S.

PartF 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) lILA1. 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 onmodel year 1996 and newer vehicles, on and after January 1, ofthe dates specified.

CALENDAR YEAR HC CO NO" 2002 1.2 20 3.0 2003 1.2 20 3.0 100(; 

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### ,

# STATEMENT OF BASIS, SPECIFIC STATUTORYAUTHORITY AND PURPOSE

### XVIII. AMENDMENTS ADOPTED NOVEMBER 17, 2005. The purpose ofthis rulemaking is to implement provisions contained in HB05-1214 that eliminate the inspection requirement for vehicles that have not yet reached their fourth model year registering in the 

### 1M Program area for the first time. Another purpose ofthis revision is to prevent a change in emissions standards scheduled to take effect on January 1, 2006 for 1996 and newer light-duty vehicles. The standards scheduled to take affect on January 1, 2006 were overly stringent, and were likely to result in an unacceptable number 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 ofthe rule change is to maintain the status quo. The provisions amended in this rule change are not more stringent than federal requirements. 

### Statutory Authority The Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to 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 November2005 rule revisions because these revisions do not establish new requirements intended to reduce air pollution. Instead. these revisions implement state statute and lessen the cost and burden ofthe automobile inspection and readjustment program.

81

# OPINION OF THE ATTORNEY GENERALSTATE SERVICES Bl'ILVlNG JOliN W. SUTHERS 

### STATE OF COLORADO 1525 Sherman Street

- 5th Floor Attorney General Denver, Colorado 80203 

### DEPARTMENTOF LAW Phone (303) 866-4500 CYNTHIA S. HONSSINGER FAX (303) 866-5691 ChiefDeputy Attorney General OFFICE OfTHF. ATIORNEY 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 byALLISON H. EID Solicitor General

# REGULATION AS PUBLISHED IN THE CCR

# DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

AIR QUALITY CONTROL COMMISSION 

## REGULATION No. 11 MOTORVEHICLE 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, 1CR 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 12/30/84,7CR 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. 1-28adopted 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. 1-26adopted 11/15/90, effective 12/30190,13 CR 12. 

### A. G. Opinions: 1 AG 392; 3AG 301; 4 AG 78; 4AG 100; 4 AG273; 5 AG 69; 5 AG 114; 5AG 244; 5 AG 356; 6 AG285; 6AG 364; 7 AG 275; 7AG 296; 9AG 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 ofany regulation. Information contained on theTitle Page is provided by the Publisher from sources deemed reliable andis solely for informational and historical pwposes. See cautionary note in Introductory Materials, Howto Use the CCR. ©2006 Matthew Bender & Co. for the State ofColorado 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, 19,28-29,32-37,39-41,44.46-48,51-53adopted 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 ofColorado 29 CR 1, 1-06 Page 1 All Rights Reserved

REGULATION NO. 11 PART A: General Provisions, Area ofApplicability, 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 ofthe 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, MotorVehicle 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 ofthe 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 1001-13Page 2



### Part A General Provisions, Area ofApplicability, 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 ofthis Part A and pursuant to the schedule in section I.C ofthis Part A, all non-diesel fueled motor vehicles which are registered in the AIR Program area orwhich 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 ofthe vehicle registration. Any person owning or operating a business and any postsecondary educational institution located in the program area as defined in subsection A ofthis 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 ofApplicability 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 ofthe 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 ofthe 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 proofofemissions 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 ofthe enhanced program.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2006 Matthew Bender & Co. for the State ofColorado 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 ofthe 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 ifthe seller ofthe motorvehicle 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 ofthe 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 ofsale. This paragraph (3) does not apply to the sale ofa 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 oftitle 42, C.RS. ifthe seller ofthe 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 ofthe 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 ofemissions 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 1001-13Page 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. ofthis 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 oftwenty 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 ofthat 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 ofColorado 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 ofTitle 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 ofvehicle 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 ofvehicle 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 ofsuch sale or transfer, and no earlier than one hundred twenty calendar days prior to such sale or transfer.

CODE OF COLORADO REGULATIONS 5 CCR 1001-13Page 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 of42-4-309(6)(B) ifa 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 ofthe 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 ofAutomotive 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 orverifying the calibration curve of an exhaust gas analyzer.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 1,1-06 Page 7 All Rights Reserved 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 ofthis 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 oftime 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 1001-13Page 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 ofthe Department of Revenue" or "Executive Director" is the representative ofthe Department of Revenue or designee responsible for the field enforcement ofthe 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 analyzerto 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 motorvehicle 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 ofgreater 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© 2006 Matthew Bender & Co. for the State ofColorado 29 CR 1,1-06 Page 9 All Rights Reserved 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 ofthe 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 ofthe 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 ofthis 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 ofthe 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 orverifying 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 1001-13Page 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, ifapplicable, exhaust gas oxygen (02) sensor(s), ifone ofthe following conditions are met:

. III.A.1.The automobile will be driven to the port and surrendered for exportation under said program within ten (10) working days of disconnection, deactivation, or inoperability ofthe restrictor, catalytic converter systems, or exhaust gas oxygen (02) sensor(s); or IILA.2.The reconnection, reactivation, or reoperability ofthe restrictor, catalytic converter systems, and, ifapplicable, exhaust gas oxygen (02) sensor(s), is made within ten (10) working days from the time the owner picked up the automobile at the port. 

### 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 underthis 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, SubpartA. 

### IV. CLEAN SCREEN/REMOTE EMISSIONS SENSING IV.A. Geographic Area ofApplicability IV.A.1. The Clean Screen Program shall initiate as established in Section 42-4-306(23), C.RS., in the larimer and Weld County elements ofthe 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 ofthe basic emissions program area shall be excluded from the clean screen program. IV.B. Vehicles Eligible to participate in the Clean Screen/Remote Emissions Sensing Program IV.B.1. The clean screen program established in this subpart IV of Part A shall apply to eligible motor vehicles as defined in 42-4-310(5)(a), C.R.S.,

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 1,1-06 Page 11 All Rights Reserved 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 ofAdams, 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 ofAdams, 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 ofthe clean-screen program, no more than twenty percent of the fleet ofgasoline 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 ofthe 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 ofthe 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 ofthe 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 1001-13Page 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 ofthe 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 ofAdams, 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 ofemissions 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 ofthe 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© 2006 Matthew Bender & Co. for the State ofColorado 29 CR 1, 1-06 Page 57 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, ofthe 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 1001-13Page 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 ofthe gasoline cap to filler neck sealing surfaces shall not exceed six (6) inches ofwater over a ten (10) second period, or IV.B. The gasoline cap flow rate shall be compared to an orifice with a National Institute of Standards' and Technology (NIST) traceable flow rate which will result in a pass/fail flow rate threshold of 60 cclminute ofairat 30 inches ofwater (column). V. VEHICLES SHALL NOT EXHIBITANY CONTINUOUS GRAY, BLUE, BLUE-BLACK, OR BLACK SMOKE OF GREATER THAN 5% OPACITY FROM THE ENGINE CRANKCASE AND/OR TAILPIPE(S) DURING ANY ENGINE OPERATING CONDITIONS OF APPLICABLE INSPECTION PROCEDURES. VI. CLEAN SCREEN PROGRAM MAXIMUM ALLOWABLE EMISSIONS LIMITS VIA In order to obtain a Certificate of Emissions Control through the Clean Screen Program, vehicles must not exceed maximum emissions concentrations of0.50 percent carbon monoxide (CO) and 200 parts per million hydrocarbon (HC) as reflected in remote sensing emissions readings. VI.B. Vehicle owners who participate in the Clean Screen Program shall not be subjectto the provisions ofthis Part F other than this section VI.

5 CCR 1001-13 CODE OF COLORADO REGULATIONS© 2006 Matthew Bender & Co. for the State ofColorado 29 CR 1,1-06 Page 64.17 All Rights Reserved XVIII. AMENDMENTS ADOPTED NOVEMBER 17, 2005. The purpose ofthis rulemaking is to implement provisions contained in HB05-1214 that eliminate the inspection requirement for vehicles that have not yet reached their fourth model year registering in the 1M Program area for the first time. Another purpose ofthis revision is to prevent a change in emissions standards scheduled to take effect on January 1, 2006 for 1996 and newer light-duty vehicles. The standards scheduled to take affect on January 1, 2006 were overly stringent, and were likely to result in an unacceptable number 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 ofthe rule change is to maintain the status quo. The provisions amended in this rule change are not more stringent than federal requirements. Statutory Authority The Commission promulgates these regulatory changes pursuant to its authority to promulgate such regulations as may be necessary to 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 ofthe automobile inspection and readjustment program.

CODE OF COLORADO REGULATIONS 5 CCR 1001-13STATE 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 23STATE SERVICES Bl RUING .JOUN W. SliTHERS 

### STATE OFCOLORADO 1525 Shennan Street

- 5th Floor Attorney General Denver, Colorado 80203 

### DEPARTMENTOF LAW Phone (303) 866-4500 CYNTHIA

### s.**HONSSI~GF:R** FAX (303) 866-5691 ChiefDeputy 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

# STATEOFCOLORADO

Bill Owens. Governor Douglas H. Benevento. Executive Director COLORADOAIRQUALITYCONTROLCOMMISSION haptlwww.cdphc.Slale.co.us OEO-oLll.A-AS 4300 Cherry Creek Drive South Denver, Colorado 80246-1S30 Phone (303) 692-3100 Fax (303) 691-7702 TDD (303)691-7700 Colorado DepartmeDt ofPublic HnUb and [aviroameot

NOTICE OF FINAL ADOPTION PURSUANT to the provisions ofsections 25-7-105.1, 105(a)(I), and 42-4-403, eRS. ofthe 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 ofsections 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

- "MotorVehicle Emissions Inspection Program" The purpose ofthis 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 testingcycles 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 ofState'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 ofthe Attorney General's Opinion, this action will be submitted to the Office ofLegislative Legal Services for review. Dated this 21 st day ofDecember, 2005 at Denver, Colorado.
COLORADO AIR QUALITY CONTROL COMMISSION

# ~~mstrator