A new rule is now in effect that requires owners of large fleets to report information to the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division (APCD) (“The Division”). Colorado’s Air Quality Control Commission (AQCC) Regulation 20, Part G – “The Large Entity Reporting Rule (LER)” requires owners of large fleets to report extensive information to the Division. Reports must be submitted online through Colorado’s Advanced Clean Trucks webpage or other Department approved methods by November 30, 2024, and again on December 31, 2027.
 
The intent of the rule is to contribute to Colorado’s greenhouse gas emission reduction goals and to collect information on Colorado’s fleet vehicles to inform emission reduction strategy efforts.
 
The following is a high-level summary of who is required to report, and information required.
 

Applicability

Entities that must report under the LER include fleet owners, brokers, Colorado government agencies, and federal government agencies that had 20 or more vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 pounds (lbs) operating in Colorado in the tax year preceding each reporting year. Even if an entity’s headquarters are located outside Colorado, if vehicles do any business within state borders, reporting is required. Vehicles required to report include the following:

• Vans
• ¾ ton pickup trucks (Example: Ford F-250 or Ram 2500)
• Zero Emission Vehicles (ZEV) trucks and SUVs over 8,500 lbs
• Heavier vehicles of all configurations and fuel types
• K-12 school buses and fleets comprised primarily of school buses

There are exemptions that apply to specific types of vehicles, as follows:

• Lighter duty vehicles and military vehicles owned and operated by the United States (U.S.) Department of Defense or U.S. military services are not required to report under this rule.
• Vehicles that are passing through Colorado and are not stopping for any business reasons within state lines are not required to report.
• Construction equipment that are primarily operated off-road.
• Vehicles awaiting sale
• Authorized Emergency Vehicles

Reporting

The LER report requires complete information about the entity and business practices, such as name, contact details, Federal Taxpayer Identification Number, North American Industry Classification System (NAICS) code, total annual revenue for the entity for tax year preceding each reporting year (only applies to non-governmental entities), whether your entity has a written sustainability plan including transportation emissions reduction goals, and much more. In addition, extensive recordkeeping is required in support of the data reported. All records must be maintained for five years following each reporting deadline.
 

• Entities must maintain all fleet, vehicle, contract information, and facility records used to compile responses. In addition, all mileage records and vehicle registration records must be maintained.
• The report should also include detailed information about vehicle usage by facility, including facility address, type, contact person, fuel type, fueling infrastructure, types of trailers pulled, and more.
• Entities must report the number of vehicles in each vehicle group, average annual mileage for a typical vehicle in each vehicle group, how long they typically keep vehicles after acquisition, and other specific details about vehicle usage.
• If contractors were employed to deliver items or perform work in Colorado and the vehicles were over 8,500 lbs, the number of contractor entities will also need reported.

Reporting will require completion of a CDPHE APCD spreadsheet, which will be posted on CDPHE’s Clean Truck webpage by September 20, 2024. Once the spreadsheet is completed, it can be emailed for submittal to [email protected]. In the future, it is anticipated that there will be a Colorado Advanced Clean Truck webpage where reports can also be submitted.
 
Please note that this is a high-level summary and AQCC Regulation 20 Part G – Large Entity Reporting Requirement (LER) contains more detailed information and specific requirements. It’s recommended to review the document thoroughly to ensure full compliance. For more information, see CDPHE APCD Colorado Clean Trucks website.
 
For more information, contact Erin Baker of Trinity Consultants.