New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 15 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM GASOLINE-FUELED MOTOR VEHICLES › Section 7:27-15.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Autobus" means any bus of any size or configuration, whether registered in this State or elsewhere, that is designed or used for intrastate or interstate transportation of passengers for hire or otherwise on a public road, street or highway or any public or quasi-public property in this State, including, but not limited to, autobuses under the jurisdiction of the New Jersey Department of Transportation pursuant to Titles 27 or 48 of the Revised Statutes; autobuses of the New Jersey Transit Corporation and its contract carriers that are under the inspection jurisdiction of the New Jersey Department of Transportation; autobuses that are subject to Federal motor carrier safety regulations; autobuses under the authority of the Interstate Commerce Commission or its successor agency; school buses, as defined pursuant to 39:1-1; and hotel, casino, charter and special buses.
"California Air Resources Board" or "CARB" means the agency of the State of California established and empowered to regulate sources of air contaminant emissions, including motor vehicles, pursuant to California Health & Safety Code, Sections 39500 et seq.
"Carbon monoxide" or "CO" means a gas having a molecular composition of one carbon atom and one oxygen atom.
"Certified configuration" means a vehicle-engine-chassis design for LDGVs and LDGTs or an engine design for HDGVs certified by either of the following agencies as meeting the applicable emission standards for motor vehicles manufactured in a given model year:
1. EPA for model year 1968 or for a more recent model year; or
2. CARB for model year 1966 or for a more recent model year.
"Clean Air Act" or "CAA" means the Federal Clean Air Act (42 U.S.C. 7401 et seq.) which consists of Public Law 159(July 14, 1955; Stat. 322) and all subsequent amendments thereto.
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Crankcase emissions" means substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.
"Data link connector" or "DLC" means a standardized nine- or 16-pin diagnostic test receptacle used to connect an analyzer to a motor vehicle.
"Department" means the Department of Environmental Protection.
"Diagnostic Trouble Code" or "DTC" means an alphanumeric code stored in the on board diagnostic system of a motor vehicle, which generally indicates the malfunction of a system or component. These codes are defined by SAE J2012 Diagnostic Trouble Code Definitions, (MAR92). Copies of SAE J2012 may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.
"Element of design" means any automotive part or system on a motor vehicle that is subject to the Federal emission standards at 40 CFR Part 86 or California emission standards at California Code of Regulations Title 13 which:
1. Is included in the motor vehicle's certified configuration; and
2. Could affect the emission of any regulated air contaminant from the motor vehicle.
"Emission control apparatus" means any device employed by the vehicle manufacturer which prevents or controls the emission of any air contaminant, including associated components which monitor the function and maintenance of these devices.
"EPA" means the United States Environmental Protection Agency.
"EPA Tampering Policy" means the memorandum dated November 23, 2020, and issued by the EPA's Office of Enforcement and Compliance Assurance, which sets forth the EPA's nonbinding policy regarding the potential investigation and prosecution of civil enforcement actions. This term also includes any revisions, supplements, or replacements that may be subsequently issued by the EPA. A copy of the EPA Tampering Policy may be obtained from the Bureau of Mobile Sources in the Department of Environmental Protection.
"Exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine.
"G/mi" means grams per mile.
"Gasoline-fueled" means powered in whole or in part by a hydrocarbon fuel other than diesel fuel, including, but not limited to, gasoline, natural gas, liquefied petroleum gas or propane or powered by alcohol fuels, hydrocarbon-alcohol fuel blends or hydrogen.
"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.
"Heavy-duty gasoline-fueled vehicle" or "HDGV" means a gasoline-fueled motor vehicle that has a GVWR exceeding 8,500 pounds and is designed primarily for transporting persons or property.
"Hydrocarbons (HC)" means any compound or mixture of compounds whose molecules consist of atoms of hydrogen and carbon only.
"Idle" means an operating mode where the vehicle engine is not engaged in gear and where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer.
"Light-duty gasoline-fueled truck" or "LDGT" means a gasoline-fueled motor vehicle that has a GVWR of 8,500 pounds or less, a vehicle curb weight of 6,000 pounds or less, and a basic frontal area of 45 square feet or less, and that:
1. Is designed primarily for the transportation of property or more than 12 passengers; or
2. Is available with special features enabling off-street or off-highway operation and use.
"Light-duty gasoline-fueled truck 1" or "LDGT1" means a light-duty gasoline-fueled truck with a GVWR of 6,000 pounds or less.
"Light-duty gasoline-fueled truck 2" or "LDGT2" means a light-duty gasoline-fueled truck with a GVWR of more than 6,000 pounds.
"Light-duty gasoline-fueled vehicle" or "LDGV" means a gasoline-fueled motor vehicle that has a GVWR of 8,500 pounds or less, is designed primarily for use as a passenger car or is a passenger car derivative and is capable of seating no more than 12 passengers.
"Malfunction indicator light" or "MIL" means the light located on the dashboard instrument panel of an OBD-equipped motor vehicle that indicates a malfunction detected by the OBD system by illuminating the words "check engine," "service engine" or an engine pictograph with the word "check" or "service."
"Model year" means the manufacturer's annual production period (as determined under 40 CFR section 85.2304 (60 Fed. Reg. 4738, Jan. 24, 1995), as the same is amended or supplemented) which includes January 1 of such calendar year, provided, that if the manufacturer has no annual production period, this term shall mean the calendar year. A specific model year shall include January 1 of the calendar year for which it is designated and shall not include a January 1 of any other calendar year. Thus, the maximum duration of a model year is one calendar year plus 364 days (or 365 days if a leap year).
"Motor vehicle" means all vehicles propelled otherwise than by muscular power, excepting motorized bicycles and such vehicles as run only upon rails or tracks.
"Motor Vehicle Commission" or "MVC" means the New Jersey Motor Vehicle Commission established by the Motor Vehicle Security and Customer Service Act (39:2A-1 et seq.).
"Motor vehicle testing equipment" means equipment used to conduct a test of a gasoline-fueled motor vehicle at N.J.A.C. 7:27B-5, and which satisfies all applicable specifications at 7:27B-5.8, Specifications for motor vehicle testing equipment for use in the New Jersey Enhanced Inspection and Maintenance Program. For motor vehicle inspections conducted pursuant to N.J.A.C. 7:27B-5 and this subchapter, this term shall include all devices used for performing a motor vehicle inspection, including, but not limited to, on-board diagnostic scanners and analyzers, and computers and related software.
"Motorized bicycle" means a pedal bicycle which is capable of a maximum speed of no more than 25 miles per hour on a flat surface and which has a helper motor which;
1. Has a maximum piston displacement that is less than 50 cubic centimeters; or
2. Is rated at no more than 1.5 brake horsepower.
"New motor vehicle" means a newly-manufactured motor vehicle, prior to its delivery to the ultimate purchaser.
"New motor vehicle dealer" means any person licensed pursuant to 39:10-19 to sell new motor vehicles.
"OBD-eligible" means capable of receiving an OBD inspection as determined by the Department in accordance with 7:27-15.5(j).
"Official inspection facility" means a test-only inspection facility operated by, licensed by or under contract with the MVC, whose exclusive function is conducting emissions inspections.
"On board diagnostics" or "OBD" means an automotive diagnostic system complying with California OBD regulations at Title 13 California Code section 1968.1 or EPA OBD regulations at 40 CFR Part 86.
"Oxides of nitrogen" or "NO[x]" means all the oxides of nitrogen including, but not limited to, nitric oxide (NO) and nitrogen dioxide (NO[2]), except nitrous oxide (N[2]O).
"Person" means any individual or entity and shall include, without limitation, corporations, companies, associations, societies, firms, partnerships, and joint stock companies, and shall also include, without limitation, all political subdivisions of any States, and any agencies or instrumentalities thereof.
"Pilot test" means a program of limited scope designed by the Department and the MVC to evaluate future inspection test methods. Each pilot test shall apply to no more than 20,000 vehicles over the duration of the pilot test. Each pilot test shall require, at a minimum, the use of OBD testing.
"Predelivery checklist" means a schedule of items and procedures which a new motor vehicle dealer is required or requested by a manufacturer to check or follow prior to delivery of a new motor vehicle to the ultimate purchaser.
"Private inspection facility" or "PIF" means a facility licensed by the MVC to perform emissions inspections that may also offer motor vehicle parts and repair services.
"Quasi-public property" means any property that, although under private ownership or control, is accessible to the public. This term shall include, but shall not be limited to, the New Jersey Turnpike, the Garden State Parkway, shopping mall roadways and parking lots, private business roadways and nonresidential parking lots.
"RPM" means revolutions per minute.
"Smoke" means small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
"Tier 1 Standards" means standards for LDGTs and LDGVs of model years 1994 and later, prescribed at section 202(g) of the Clean Air Act, 42 U.S.C.A. 7521(g).
"Ultimate purchaser" means any person, other than a motor vehicle dealer purchasing in his capacity as a motor vehicle dealer, who in good faith purchases a motor vehicle for purposes other than for resale as a motor vehicle dealer.
"Vehicle curb weight" means the actual weight of a motor vehicle in operational status or the weight given by the manufacturer for such a motor vehicle. Such weight shall include the weight of all standard equipment, of the fuel at nominal tank capacity, and of optional equipment computed in accordance with 40 CFR section 86.082-24. This term, with respect to an incomplete light-duty gasoline truck, shall be the weight given by the manufacturer for such a truck.