Or. Admin. Code § 340-256-0010 - Definitions
The definitions in OAR 340-200-0020, 340-204-0010, and this rule apply to this division. If this rule defines the same term as OAR 340-200-0020 or 340-204-0010, the definition in this rule applies in this division.
(1) "Application Receipt Period" means the
calendar days including and between September 1 and October 31 of every year
that the Department will begin the process of receiving annual renewal and
applications for Approved Retrofit Technology.
(2) "Approved Retrofit Technology" means
on-road Diesel Particulate Matter pollution control system that meets the
criteria established in OAR
340-256-0510.
(3) "Basic test" means an inspection and
maintenance program designed to measure exhaust emission levels during an
unloaded idle mode as described in OAR
340-256-0340.
(4) "CARB" means California Air Resources
Board.
(5) "CCD" means the Commerce
and Compliance Division of the Oregon Department of Transportation.
(6) "Certificate of Approved Retrofit
Compliance" means an electronic certification issued by the Department that
attests that the Medium-or Truck is equipped with Approved Retrofit Technology
that complies with all applicable provisions in OAR
340-256-0510 through OAR
340-256-0560.
(7) "CO2" means a chemical formula
representing the compound carbon dioxide.
(8) "CO" means a chemical formula
representing the compound carbon monoxide.
(9) "Certificate of Compliance" means a hard
copy or electronic document stating that the vehicle identified on the
certificate is equipped with the required functioning motor vehicle pollution
control systems and otherwise complies with the Commission's emission control
criteria, standards, and rules. A certificate of compliance is issued by a
Private Business Fleet Vehicle Emission Inspector, a Public Agency Fleet
Vehicle Emission Inspector, a Vehicle Emissions Inspector employed by DEQ, or
an Independent Contractor.
(10)
"Clean-Screening" means a procedure by which DEQ determines that a vehicle has
acceptable emissions and then allows the vehicle owner to bypass the
traditional emissions inspection station test. DEQ's decision may be the result
of remotely sensing the emissions, the status of emissions equipment, or
another means determined by DEQ.
(11) "Commission" means the Environmental
Quality Commission.
(12) "Component
Swapping" means moving components of an Approved Retrofit Technology from the
Medium or Heavy-duty Truck on which it was originally installed to another
Medium - or Heavy-duty Truck in compliance with OAR
340-256-0560.
(13) "Dealer" means any person who is engaged
wholly or in part in the business of buying, selling, or exchanging, either
outright or on conditional sale, bailment lease, chattel mortgage, or
otherwise, motor vehicles.
(14)
"Dealership" means a business involved in the sale of vehicles that is
franchised with an automobile manufacturer as defined in ORS
650.120(9).
(15) "DEQ" means the Department of
Environmental Quality.
(16) "Diesel
Engine" means a compression ignition engine.
(17) "Diesel motor vehicle" means a motor
vehicle powered by a stratified charge compression-ignition internal combustion
engine.
(18) "Diesel Particulate
Matter" means the particles found in the exhaust of a Diesel Engine.
(19) "Director" means the director of
DEQ.
(20) "DMV" means the Driver
and Motor Vehicle Services Division of the Oregon Department of
Transportation.
(21) "Emissions"
means gas or vapor released to the atmosphere from a motor vehicle component or
resulting from fuel combustion within a motor vehicle engine.
(22) "Emissions Inspection Station" means a
facility, operated by DEQ or an Independent Contractor, for the purpose of
conducting emissions inspections of vehicles required to be inspected under
this Division.
(23) "EPA" means the
United States Environmental Protection Agency.
(24) "Exhaust emissions" means substances
emitted into the atmosphere from any opening downstream of the exhaust ports of
a motor vehicle engine.
(25)
"Factory-installed motor vehicle pollution control system" means a motor
vehicle pollution control system installed by the vehicle or engine
manufacturer to comply with United States motor vehicle emission control laws
and regulations published in the Code of Federal Regulations, 40 C.F.R. Parts
85 and 86.
(26) "Franchised" means
a sale entity licensed by the DMV and under an agreement as defined in ORS
650.120(5) to
sell motor vehicles.
(27) "Fleet
participant" means a person who has applied for and been approved to conduct
remote OBD testing for a fleet of vehicles as described in OAR
340-265-0469
(28) "Gas analytical
system" means a device that measures the amount of contaminants in the exhaust
emissions of a motor vehicle and that has been issued a license by DEQ under
OAR 340-256-0450 and ORS
468A.380.
(29) "Gaseous fuel" includes, but is not
limited to, liquefied petroleum gases and natural gases in liquefied or gaseous
forms.
(30) "Gasoline motor
vehicle" means a motor vehicle powered by a spark-ignition internal combustion
engine.
(31) "Gross vehicle weight
rating" or "GVWR" means the value specified by the manufacturer as the maximum
design loaded weight of a vehicle.
(32) "Heavy-duty motor vehicle" means any
motor vehicle with a GVWR greater than 8,500 pounds.
(33) "Heavy-duty Truck" means a Diesel Motor
Vehicle, or combination of Diesel Motor Vehicles operated as a unit, that has
or have a gross vehicle weight rating that is greater than 26,000
pounds.
(34) "HC" is an
abbreviation that means hydrocarbon.
(35) "Host participant" means a person who
has applied for and been approved to conduct remote OBD testing as described in
OAR 340-256-0467
(36) "Hydrocarbon"
means a class of chemical compounds consisting of hydrogen and
carbon.
(37) "Idle speed" means the
engine speed when accelerator pedal is fully released.
(38) "Imported vehicle" means a vehicle
legally imported from another country through channels other than the maker's
official distribution system.
(39)
"Independent Contractor" means any person with whom DEQ enters into an
agreement providing for the construction, equipment, maintenance, personnel,
management or operation of emissions inspection stations or activities under
ORS 468A.370 and these
rules.
(40) "Inspection and
Maintenance Program or I/M Program" means a program of conducting regular
inspections of motor vehicles, including measurement of air contaminants in the
motor vehicle exhaust and an inspection of the motor vehicle pollution control
system, to identify vehicles that do not meet the standards of this Division or
that have malfunctioning, maladjusted or missing motor vehicle pollution
control systems, and, when necessary, of requiring the repair or adjustment of
vehicles to make the motor vehicle pollution control systems function as
intended and to reduce tailpipe emissions of air contaminants.
(41) "In-use motor vehicle" means any motor
vehicle that is not a new motor vehicle.
(42) "Light-duty motor vehicle" means any
motor vehicle with a GVWR of 8,500 pounds or less.
(43) "Medium-duty Truck" means a Diesel Motor
Vehicle, or combination of Diesel Motor Vehicles operated as a unit, that has
or have a gross vehicle weight rating that is greater than 14,000 pounds but
less than or equal to 26,000 pounds.
(44) "Model year" means the annual production
period of new motor vehicles or new motor vehicle engines designated by the
calendar year in which such period ends. If the manufacturer does not designate
a production period, the model year with respect to such vehicles or engines
means the 12-month period beginning January of the year in which production of
the vehicle or engine begins.
(45)
"Motor vehicle" or "vehicle" means any self-propelled vehicle used for
transporting persons or commodities on public roads.
(46) "Motor vehicle pollution control system"
means equipment designed for installation on a motor vehicle for the purpose of
reducing the pollutants emitted from the vehicle, or a system or engine
adjustment or modification that causes a reduction of pollutants emitted from
the vehicle, or a system or device that inhibits the introduction of fuels that
can adversely affect the overall motor vehicle pollution control
system.
(47) "Motor Vehicle Fleet
Operation" means ownership, control, management or any combination thereof, by
any person, of five or more motor vehicles.
(48) "New motor vehicle" means a motor
vehicle whose equitable or legal title has never been transferred to a person
who, in good faith, purchases the motor vehicle for purposes other than
resale.
(49) "OBD" and "OBD-II"
means the On Board Diagnostic system in a vehicle that tracks the effectiveness
of the motor vehicle's pollution control system.
(50) "OBD Test" means an emissions test that
downloads diagnostic information from the vehicle's OBD computer to evaluate
the effectiveness of the motor vehicle pollution control system.
(51) "On-Site Vehicle Test" means an
emissions test conducted at the vehicle owner's location.
(52) "Owner" means the person having all the
incidents of ownership in a vehicle. Where the incidents of ownership are in
different persons, it means the person, other than a security interest holder
or lessor, entitled to the possession of a vehicle under a security agreement
or a lease for a term of 10 or more successive days.
(53) "Opacity" means the degree to which
transmitted light is obscured, expressed in percent.
(54) "Periodic Verification Process" means
the ongoing requirement to provide proof of Approved Retrofit Technology
maintenance and operation to the Department to maintain the validity of a
Certificate of Approved Retrofit Compliance.
(55) "Permanent Fleet Vehicle" means a motor
vehicle that the Oregon Department of Transportation identifies with permanent
fleet tags, stickers, plates or other identification ODOT determines
appropriate.
(56) "Person" means an
individual, public or private corporation, political subdivision, agency,
board, department, or bureau of the state, municipality, partnership,
association, firm, trust, estate, or any other legal entity whatsoever that is
recognized by law as the subject of rights and duties.
(57) "PPM" means parts per million by
volume.
(58) "Private Business
Fleet" means a group of 100 or more Oregon-registered, in-use, motor vehicles
that are owned by any person, excluding those vehicles held primarily for the
purpose of resale.
(59) "Private
Business Fleet Vehicle Emissions Inspector" means any person employed on a
full-time basis by a Private Business Fleet who possesses a current and valid
license issued by DEQ under OAR
340-256-0440 and ORS
468A.380.
(60) "Public Agency Fleet" means a group of
50 or more government-owned vehicles registered under ORS
805.040.
(61) "Public Agency Fleet Vehicle Emissions
Inspector" means any person employed on a full-time basis by a Public Agency
Fleet that possesses a current and valid license issued by DEQ under OAR
340-256-0440 and ORS
468A.380.
(62) "Public roads" means any street, alley,
road, highway, freeway, thoroughfare, or section thereof used by the public, or
dedicated or appropriated to public use.
(63) "Re-Designation" means the complete
removal of an Approved Retrofit Technology from the Medium or Heavy-duty Truck
on which it was original installed and the subsequent transfer of the Approved
Retrofit Technology to another Medium or Heavy-duty Truck within the person's
commonly owned fleet in compliance with OAR
340-256-0560.
(64) "Regional Authority" means a regional
air quality control authority established under the provisions of ORS
468A.005 to
468A.035,
468A.075,
468A.100 to
468A.130, and
468A.140 to
468A.175.
(65) "Remote Sensing" means a technique for
determining the level of a vehicle's emissions without connecting equipment
directly to the vehicle, done either by optically measuring the pollutants in
the vehicle's exhaust plume, by remotely receiving a vehicle's emissions
diagnostic information, or by other means determined by DEQ.
(66) "Ringlemann Smoke Chart" means the
Ringlemann Smoke Chart with instructions for use as published in May 1967, by
the U.S. Department of Interior, Bureau of Mines, Information circular
8333.
(67) "RPM" means engine
crankshaft revolutions per minute.
(68) "Self-Service Test" means a procedure
for vehicle testing offered by DEQ where the vehicle owner or driver can
perform an emissions test on the vehicle at a facility provided by DEQ using
remote sensing, plug-in OBD emissions testing, or other means designated by
DEQ.
(69) "Test equipment" means
equipment that must contain the standard terminal Diagnostic Link Connector for
OBD systems and be capable of operating as described in
340-256-0465
(70) "Vehicle Emission Inspector" means any
person employed by the Department or an Independent Contractor who possesses a
current and valid license issued by the Department under OAR
340-256-0440 and ORS
468A.380.
(71) "VIN" or "Vehicle Identification Number"
means a unique code including a serial number that identifies a specific
vehicle.
(72) "VIP" means DEQ's
Vehicle Inspection Program established under this division.
(73) "Visible emissions" means those gases or
particulates, excluding uncombined water, that separately or in combination are
visible upon release to the outdoor atmosphere.
[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.]
Notes
Statutory/Other Authority: ORS 468A.360, ORS 468A.810 & ORS 468.020
Statutes/Other Implemented: ORS 468A.350 - 468A.400 & 468A.810
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