Regulation No. 12
“The Reduction of Diesel Vehicle Emissions”

PART B – DIESEL OPACITY INSPECTION PROGRAM

	I.D.	Conditions for Issuance of Certification of Emissions Control

	I.D.1.	A diesel vehicle which is registered or required to be registered in the program area, routinely operates in the program area or is principally operated from a terminal, maintenance facility, branch or Division located within the program area shall not be sold, registered for the first time in the program area or reregistered, unless such vehicle has a Certification of Emissions Control.

	I.D.2.	For new diesel motor vehicles being registered for the first time, a Certification of Emissions Control shall be issued without testing for diesel opacity compliance.  Prior to the expiration of such certification, such vehicle shall be inspected and a Certification of Emissions Control shall be obtained for diesel smoke opacity compliance.

	I.D.2.a.	For light duty diesel vehicles SOLD ON OR AFTER JULY 1, 2007, such certificate shall expire on the earliest to occur:

			I.D.2.a.i.	The anniversary of the day of the issuance of such certification when such vehicle has reached its second FOURTH model year. 

			I.D.2.a.ii.	The date of the transfer of ownership if such date is within twelve months before such certification would expire, Pursuant to Section I.D.2.a.i., unless such transfer of ownership is a transfer from the lessor to the lessee.      

		I.D.2.b.	For heavy-duty vehicles sold on or after August 6, 2003, such certification shall expire on the earliest to occur:

			I.D.2.b.i.	The anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year, or 

			I.D.2.b.ii.	The date of the transfer of ownership if such date is within twelve months before such certification would expire, Pursuant to Section I.D.2.a.i. unless such transfer of ownership is a transfer from the lessor to the lessee.

		I.D.2.c.	For heavy- duty diesel vehicles ten years old and newer the Certificate of Emissions Control will be valid for two years from the date of issuance.

		I.D.2.d.	For  diesel vehicles, the Certificate of Emissions Control will be valid for one year from the date of issuance. For light-duty diesel vehicles ten years old and newer and model year 2004 or newer the Certificate of Emissions Control will be valid for two years from the date of issuance.

		I.D.2.e.	For heavy- duty diesel vehicles greater than ten years old the Certificate of Emissions Control will be valid for one year from the date of issuance.

		I.D.2.f		For light- duty diesel vehicles greater than ten years old OR model year 2003 or older the Certificate of Emissions Control will be valid for one year from the date of issuance.

PROPOSED
D.	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
VI.	Amendments To Parts B and D, Proposed August 17, 2006

	Basis and Purpose

Regulation No. 12 establishes as a control strategy, the Diesel Opacity Inspection and the Diesel Fleet Self-Certification Programs.  Both programs require periodic inspection of both light-duty and heavy-duty diesel powered vehicles.  Emissions related repairs are required of those vehicles that do not comply with inspection requirements.  The intended purpose of Regulation No. 12 is to reduce diesel vehicle emissions.

The rule revision implements provisions of Section 42-4-406 C.R.S. as amended pursuant to S.B. 06-058, as follows:

-	Light-duty diesel test cycles are extended to two years for models 10 years old or newer and model year 2004 and newer,
-	Extend the light-duty model year exemption from two years to four years, 
-	Remove obsolescent language which changes are not substantive.

The changes were adopted to implement statutory changes and the Commission has no discretion but to adopt the provisions of S.B. 06-058.  The rule provides regulatory relief and is not intended to reduce air pollution.

Statutory Authority

Specific statutory authority for amendments to Regulation No. 12 is set out in sections 42-4-403 and 42-4-414, C.R.S.

FINDINGS PURSUANT TO § 25-7-110.8

The rule revisions are exempt from the determinations required by § 25-7-110.8 C.R.S. because the changes were adopted to implement statutory provisions and remove an obsolete provision rather than reduce air pollution.  The regulatory revisions relax existing inspections for diesel vehicles and the Commission has no discretion but to adopt them under state law.