department of public health and environment
Air Quality Control Commission
regulation no. 11
motor vehicle emissions inspection program
5 CCR 1001-13
PART A	General Provisions, Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing

PART G	High Emitting Vehicle Identification Pilot Project
I.	Applicability
The provisions of this Part G shall apply to the following:
I.A.	All Motor Vehicles that are registered in the Enhanced Program Area and;
I.B.	All Motor Vehicles that regularly operate within the Enhanced Program Area but are registered outside the Enhanced Program Area.  For the purposes of this Part G, a Motor Vehicle is regularly operated within the Enhanced Program Area if it is identified by a Remote Sensing Device on four or more separate days within any consecutive 12-month period.
II.	Definitions
II.A.	“Clean Screen Test” means the emission test conducted under the Clean Screen Program.
II.B.	“Compliance Test” means the emission tests and inspection procedures conducted under section VI. 
II.C.	“Contractor” shall have the same meaning as set forth in section 42-4-304(5), C.R.S.
	II.C.	“Enhanced Inspection Center” shall have the same meaning as set forth in section 42-4-304(10), C.R.S.
II.D.	“Enhanced Program Area” means the area as identified in section 42-4-304(20)(c), C.R.S.
II.E.	“High Emitting Vehicle” means a vehicle that exceeds the Remote Sensing Standards set forth in section IV and subsequently fails the Compliance Test Standards set forth in section VI.
II.F.	“Motor Vehicle” shall have the same meaning as set forth in section 42-4-304(18), C.R.S.
II.G.	“Periodic Inspection Test” means the emission tests and inspection procedures required as part of the vehicle registration process under this Regulation No. 11 and conducted at an Enhanced Inspection Center or Inspection-only Facility. The term Periodic Inspection Test does not include Clean Screen Tests.
II.H.	“Remote Sensing Device” means an apparatus, portable or permanent, used for collection of on-road vehicle emissions data and other data used to identify the vehicle as a potential high emitting vehicle.
III.	General Provisions
In addition to any other inspection and repair requirements under this Regulation No. 11, Motor Vehicles operating in the Enhanced Program Area shall be subject to inspection, repair and enforcement requirements in accordance with the provisions of this Part G.
III.A.	All Motor Vehicles operating in the Enhanced Program Area may be inspected using a Contractor operated Remote Sensing Device.  Such Remote Sensing Devices shall be operated in accordance with the provisions of section V.
III.B.	All Motor Vehicles registered in or regularly operating in the Enhanced Program Area shall meet the remote sensing standards set forth in section IV.  
III.C.	When a Motor Vehicle exceeds the remote sensing standards, the owner of that vehicle shall bring the vehicle to an Enhanced Inspection Center or other Division approved facility for compliance testing within thirty days after receiving notice that the Motor Vehicle exceeded the remote sensing standards.  compliance testing shall be conducted in accordance with the provisions of section VI.  To pass, the Motor Vehicle must meet the Compliance Test standards set forth in section VI.  Owners that fail to bring the vehicle in for compliance testing within the thirty day time period shall be subject to the penalty provisions of section VIII.  
III.D.	A Motor Vehicle that fails the Compliance Test shall be considered a High Emitting Vehicle and the owner of that vehicle shall be subject to the maintenance and repair and, as applicable, penalty provisions set forth in sections VII and VIII.  
IV.	Remote Sensing Standards
IV.A.	A Motor Vehicle’s emissions must not exceed 3.0% Carbon Monoxide (CO) or 550 ppm Hydrocarbons (HC), reported as hexane, as measured by a remote sensing reading for that Motor Vehicle.  For those vehicles that have been previously inspected, only readings conducted since the Motor Vehicle’s last passing Periodic Inspection Test, last passing Clean Screen Test or last passing Compliance Test, whichever is later, may be considered.
IV.B.	The Division may require that additional criteria beyond the emission concentration standards set forth in section IV.A. be met before a Motor Vehicle is identified as having exceededthe remote sensing standards and required to undergo compliance testing under this Part G.  These criteria may include, but are not limited to, requiring a minimum number of remote sensing readings, higher CO and/or HC concentration levels, ambient temperature criteria, vehicle specific power criteria, restricted time scope for valid remote sensing readings, use of high or low emitter indexes and consideration of a vehicle’s emissions inspection history.
V.	Remote Sensing Procedures
For the purposes of this Part G, remote sensing readings shall be conducted in accordance with the specifications, procedures, quality assurance requirements, calibration requirements and licensing standards applicable to Clean Screen Tests under 42-4-301 et. seq., C.R.S., Regulation No. 11, the contract between the Colorado Department of Public Health and Environment, Colorado Department of Revenue and the Contractor and the Division approved Remote Sensing Device Operators Manual.
VI.	Compliance Test Procedures and Standards
VI.A.	The Compliance Test for a Motor Vehicle shall be conducted at an Enhanced Inspection Center or other Division approved facility in accordance with the specifications, procedures, quality assurance requirements, calibration requirements and licensing standards that are applicable during a Periodic Inspection Test for that Motor Vehicle as set forth in this Regulation No. 11.
VI.B.	the Compliance Test standards for a Motor Vehicle shall be the same as the Periodic Inspection Test standards and limits applicable to that vehicle as set forth in this Regulation No. 11.  If a Motor Vehicle fails to meet any of the Periodic Inspection Test standards and limits it shall be deemed to have failed the Compliance Test.	 
VII.	Maintenance and Repair Requirements
Motor Vehicles that fail the Compliance Test standards set forth in section VI. shall have ninety days to repair and re-test the vehicle.  The re-test shall be conducted in accordance with the procedures and standards set forth in section VI. 
VIII.	Penalties
VIII.A.	   When a Motor Vehicle exceeds the remote sensing standards, the owner of that vehicle shall bring the vehicle to an Enhanced Inspection Center or other Division approved facility for compliance testing within thirty days after receiving notice that the Motor Vehicle exceeded the remote sensing standards.  
VIII.A.1.  The registration for any vehicle that fails to appear at an Enhanced Inspection Center or other Division approved facility for compliance testing within thirty days after receiving notification of the exceedance of the remote sensing standards shall be subject to administrative suspension in accordance with rules and procedures established by the Department of Revenue.  The registration may not be reinstated until the vehicle owner provides proof that the Motor Vehicle has either passed a Compliance Test that meets the requirements of section VI, or has obtained a waiver from the Department of Revenue in accordance with the waiver requirements applicable to Periodic Inspection Tests, and pays any fine assessed under section VIII.A.2.
VIII.A.2.  The owner of a Motor Vehicle that fails to appear at an Enhanced Inspection Center or other Division approved facility for compliance testing within thirty days after receiving notice that the Motor Vehicle exceeded the remote sensing standards shall be subject to a one hundred dollar fine assessed in accordance with rules and procedures established by the Department of Revenue.
VIII.B.	   When a Motor Vehicle fails the Compliance Test standards set forth in section VI., the owner of that vehicle shall have ninety days after receiving notification of the test failure to either pass a subsequent Compliance Test, or obtain a waiver from the Department of Revenue in accordance with the waiver requirements applicable to Periodic Inspection Tests.
VIII.B.1.  The registration for any vehicle that does not pass a subsequent Compliance Test within the ninety day time period, or obtain a waiver from the Department of Revenue in accordance with the waiver requirements applicable to Periodic Inspection Tests, shall be subject to administrative suspension in accordance with rules and procedures established by the Department of Revenue.  The registration may not be reinstated until the vehicle owner provides proof that the Motor Vehicle has either passed a Compliance Test that meets the requirements of section VI, or has obtained a waiver, and pays any fine assessed under section VIII.B.1.
VIII.B.2.  The owner of a Motor Vehicle that does not pass a subsequent Compliance Test or obtain a waiver within ninety days after receiving notification of the initial Compliance Test failure shall be subject to a one hundred dollar fine assessed in accordance with rules and procedures established by the Department of Revenue.
IX.	Repeal
This Part G shall be repealed effective July 1, 2009.
PART H	Statements of Basis, Specific Statutory Authority and Purpose
XX.	AMENDMENTS ADOPTED OCTOBER 18, 2007
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.
Basis and Purpose
The Air Quality Control Commission has adopted these state-only provisions as a means of implementing the legislative direction set forth in HB06-1302.  The specific purpose of the amendments is to establish the regulatory requirements for a mandatory remote sensing based High Emitting Vehicle Identification Program on a limited pilot scale basis as an add-on to the existing vehicle inspection and maintenance program and to continue the Clean Screen Program as contemplated by HB06-1302.  These revisions reflect the Commission’s determination that the goals of HB06-1302 can be achieved in the most cost effective way by first enacting a High Emitting Vehicle Identification Pilot Project, that can be used to test the effectiveness of using remote sensing technology to identify high emitting vehicles prior to establishing a full scale High Emitting Vehicle Identification Program.  In the establishing the pilot Program the Commission has concluded that while the program should be independent of the existing inspection and maintenance programs, the testing procedures and requirements should, for the most part, mirror the procedures and requirements applicable to the existing I/M programs.  Additional requirements have been added, however, to make the Pilot Project more useful in studying the effectiveness of remote sensing technology in identifying high emitting vehicles without unduly burdening the motoring public, while still enacting the specific legislative directives set forth in HB06-1302. 
These revisions are not specifically required by the Federal Clean Air Act and are not intended to be included in any State Implementation Plan
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in Sections 42-4-307, 42-4-307.7, and 42-4-313 C.R.S, which direct the Commission to develop and implement a remote sensing based high emitting vehicle identification program, and to expand the existing Clean Screen Program.
Scientific/Technical Rationale
The proposed rule is designed to implement the requirements in HB06-1302 for increasing the use of remote sensing in the IM Program and for building a framework for a high-emitter program.  The scientific and technical basis for the specific revisions in this rulemaking are generally accepted results found in reports developed under the direction of the Colorado Air Quality Control Commission and the Air Pollution Control Division, including reports conducted by the state contractor, Envirotest, for the State of Colorado, such as the Greeley Study Report which EPA relied upon in developing its guidance for remote sensing programs.  Evidence in the record supports the finding that the High Emitter Pilot Project will result in a reduction of air emissions though the identification and repair of high emitting vehicles.