New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-1 - DEFINITIONS › Section 248-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this Part, the general definitions of Part 200 of this Title apply.
(b) For the purposes of this Part, the
					 following definitions also apply:
(1)
					 Affected engine means each engine identified by a consent decree engine
					 manufacturer in its low NOx rebuild plan. A low
					 NOx rebuild engine, as that terminology is used in the
					 consent decrees, is an affected engine.
(2) Alternative fuel means natural gas,
					 propane, ethanol, methanol, gasoline (when used in hybrid electric vehicles
					 only), hydrogen, electricity, fuel cells, or advanced technologies that do not
					 rely solely on diesel fuel or a diesel/non-diesel fuel mixture.
(3) Approved bi-fuel vehicle means any heavy
					 duty vehicle that has been retrofitted with an EPA or CARB approved
					 after-market conversion kit that will allow the engine to operate on a
					 combination of ultra low sulfur diesel fuel and compressed natural
					 gas.
(4) Authorized emergency
					 vehicle means those vehicles as defined in section 101  of the Vehicle and Traffic
					 Law.
(5) BART regulated entity
					 means State agency or public authority, either State or regional, with more
					 than half of its governing body appointed by the governor.
(6) Best available retrofit technology or
					 BART means technology, verified by the EPA or CARB for reducing the emissions
					 of pollutants that achieves reductions in particulate matter emissions at the
					 highest classification level for diesel emission control strategies that is
					 applicable to the particular engine and application. Such technology shall
					 also, at a reasonable cost, achieve the greatest reduction in emissions of
					 nitrogen oxides at such particulate matter reduction level and shall in no
					 event result in a net increase in the emissions of either particulate matter or
					 nitrogen oxides.
(7) CARB means the
					 California State Air Resources Board as defined in California's Health and
					 Safety Code, section 39003 (see Table 1, section
					 200.9  of this
					 Title).
(8) Classification level
					 for diesel emission control strategies means those PM reduction classification
					 levels and corresponding PM percent reductions as noted below in Table 1 of
					 this paragraph.
Table 1. Verification Classifications for Diesel Emission
						Control Strategies
Pollutant
								Reduction
Classification
PM
< 25 percent
Not
								verified
> or =25 percent
Level 1
> or =50 percent
Level 2
> or =85 percent
Level 3
or < or =0.01g/bhp-hr
NOx
< 15
								percent
Not verified
> or =15 percent
Verified in 5 percent
								increments
(9) Consent decree engine manufacturer means
					 a manufacturer of motor vehicle diesel engines pertaining to consent orders,
					 referenced in the Federal Register/vol. 63, no. 212, November 3, 1998, pp.59330
					 through 59334 (see Table 1, section
					 200.9  of this
					 Title).
(10) Contractor means prime
					 contractor.
(11) Covered vehicle
					 means a heavy duty vehicle owned, operated by or on behalf of, or leased by a
					 regulated entity subject to the requirements of this section.
(12) Diesel engine means a compression
					 ignition type of internal combustion engine which operates on or is capable of
					 operating on diesel fuel, non-diesel fuel, or diesel/non-diesel
					 mixture.
(13) Gross vehicle weight
					 rating or GVWR means the value specified by the vehicle manufacturer as the
					 maximum loaded weight of a single or combination vehicle.
(14) 'Heavy duty vehicle' or 'HDV' means any
					 on and off-road vehicle powered by a diesel engine and having a gross vehicle
					 weight of greater than 8,500 pounds, except: vehicles used exclusively as
					 snowplows under contract with a regulated entity; authorized emergency
					 vehicles; trucks owned by a person engaged in production by means of:
(i) the planting, cultivation and harvesting
					 of agricultural, vegetable and food products of the soil, including
					 horticultural specialties such as nursery stock, ornamental shrubs, ornamental
					 trees and flowers;
(ii) the
					 raising, feeding and care of livestock, bees and poultry; or
(iii) dairy farming where such agricultural
					 truck is only used for the transportation of such person's own agricultural or
					 dairy commodities or supplies or for personal passenger use, or in conjunction
					 with lumbering operations connected with but only incidental to the operation
					 of a farm; road rollers, tractor cranes, truck cranes, power shovels, road
					 building machines, snow plows, road sweepers, sand spreaders, well drillers,
					 well servicing rigs, feed processing machines, mobile car crushers (whether
					 self-propelled or a combination used exclusively as one unit), earth movers,
					 which shall mean motor-driven vehicles in excess of eight feet in width
					 equipped with pneumatic tires designed and constructed for moving or
					 transporting earth and rock in connection with excavation and grading work, and
					 truck with small wheels used in a factory, warehouse or railroad station,
					 spreaders and sprayers (generally meaning an agricultural vehicle used to
					 spread or spray agricultural chemicals, agricultural lime and/or agricultural
					 fertilizers), fire vehicles and tractor-trailer combinations designed and used
					 as a unit exclusively for the same purposes as the above named vehicles; motor
					 vehicles, other than motor vehicles manufactured and equipped primarily for the
					 transportation of passengers, trailers and semitrailers, to be operated by any
					 person, upon a public highway for the purpose of traveling by the most direct
					 route, but in no event further than 25 miles one-way from a point on the farms
					 and designated by the vehicle owner and set forth in an attachment to the
					 vehicle registration;
('a') between fields,
					 buildings, and facilities managed or operated as part of a single farm
					 enterprise in connection with the production, harvesting, processing or
					 marketing on that farm of crops, livestock, or livestock products produced on
					 that farm; or
('b') for the purpose
					 of transporting materials from a farm to the nearest available municipal
					 sanitary landfill, or for the purpose of transporting the motor vehicles,
					 trailer or semitrailer to a motor vehicles repair shop licensed pursuant to
					 chapter 71 of the Consolidated Laws for the repair or adjustment of equipment
					 provided that, in addition to the route restrictions set for in this
					 subdivision, no such transport shall be authorized if such vehicle has an
					 out-of-service defect relating to load securement, brake systems, steering
					 components and/or coupling devices, or after it has been placed out-of-service
					 or on any limited access highway, or for the purpose of transporting the motor
					 vehicle, trailer or semitrailer, at the time of first receipt, from its point
					 of sale to a farm, and during the period of one hour before sunset to one hour
					 after sunrise except for vehicles owned by farmers with an average gross sales
					 value of less than $1,000 per year of crops, livestock and livestock
					 provisions; and farm type tractors and all terrain type vehicles used
					 exclusively for agriculture or mowing purposes, or for snow plowing, other than
					 for hire, farm equipment, including self-propelled machines used exclusively in
					 growing, harvesting or handling farm produce, and self-propelled caterpillar or
					 crawler-type equipment while being operated on the contract site, and timber
					 harvesting equipment such as harvesters, wood chippers, forwarders, log
					 skidders, and other processing equipment used exclusively off highway for
					 timber harvesting and logging purposes.
This term shall not include vehicles that are specially
						equipped for emergency response by the department, office of emergency
						management, sheriff's office of the department of finance, police department or
						fire department.
(15) Low NOx rebuild
					 kit means a consent decree engine manufacturer's software and/or hardware
					 upgrade kit required under a consent decree, to be installed on the engine
					 control module of an affected engine. Such kits are identified by each consent
					 decree engine manufacturer in its respective low NOx
					 rebuild plan.
(16) Low
					 NOx rebuild label means the label stipulated in the
					 consent decrees, which meets all of the following specifications:
(i) it contains an identifiable
					 characteristic allowing the State agency to determine whether an affected
					 engine has had the appropriate low NOx rebuild kit
					 installed;
(ii) it contains a
					 statement with appropriate blank spaces for the individual performing the
					 installation to indicate when and by whom the low NOx
					 rebuild kit was installed on the engine;
(iii) it is readily visible upon opening the
					 engine compartment;
(iv) it is
					 fabricated of a material suitable for the location in which it is installed and
					 remains legible throughout the engine life; and
(v) it is not readily removable
					 intact.
(17) Low
					 NOx rebuild plan means the plan developed by each
					 consent decree engine manufacturer and approved by the United States under the
					 consent decrees to implement a rebuild program for the affected
					 engines.
(18) Model year means the
					 engine manufacturer's annual production period, as defined in  40 CFR part 85, subpart X. (see Table 1, section
					 200.9  of this
					 Title).
(19) Off road vehicle means
					 motor vehicle, other than an on road vehicle, powered by a diesel engine and
					 having a gross vehicle weight of greater than 8,500 pounds or having an engine
					 of 50 horsepower and greater.
(20)
					 On behalf of means all heavy duty vehicles used to perform regulated entity
					 work by a prime contractor. Those vehicles include, but are not limited to,
					 heavy duty vehicles owned, operated or leased by a prime contractor.
(21) On road vehicle means a motor vehicle
					 powered by a diesel engine that has a GVWR exceeding 8,500 pounds and is
					 designed primarily for transporting persons or properties on a street or a
					 highway.
(22) PM means particulate
					 matter.
(23) Prime contractor means
					 any person or entity that contracts directly with the regulated entity to
					 perform regulated entity work (prime contract) and who is responsible for the
					 completion of the contract with the regulated entity. This definition shall not
					 include subcontractors.
(24)
					 Reasonable cost means that such technology does not cost greater than 30
					 percent more than other technology applicable to the particular engine and
					 application that falls within the same classification level for diesel emission
					 control strategies when considering the cost of the strategies themselves and
					 the cost of installation.
(25)
					 Regulated entity means BART regulated entity and ULSD regulated
					 entity.
(26) Regulated entity work
					 means labor, services, material and/or equipment that is provided by the
					 regulated entity through its employees or prime contractors except it does not
					 include labor, services, materials, and/or equipment provided by:
(i) a shipping company (including overnight
					 delivery companies); or
(ii) a
					 manufacturer or delivery company that does not deliver materials or equipment
					 to the regulated entity on a regular and frequent basis.
(27) State and regional public authority
					 means:
(i) a public authority created
					 pursuant to the Public Authorities Law or any other law of the State of New
					 York, with at least one member of the governing board who is either appointed
					 by the Governor or who serves as a member by virtue of their service as an
					 officer of a State department, division, agency, board, bureau, or combination
					 thereof; or
(ii) a public authority
					 created pursuant to the Public Authorities Law or any other law of the State of
					 New York, with jurisdiction within at least two entire contiguous counties, and
					 a majority of board appointments made by the Governor; or
(iii) a subsidiary or affiliate of such
					 public authority.
(28)
					 Subcontractor means any person or entity that performs for and takes from the
					 prime contractor a specific part of the labor or material requirements of the
					 prime contract; which definition shall include, without limitation, any
					 contractor(s) hired or retained by said subcontractor while performing under
					 the prime contract.
(29) Ultra low
					 sulfur diesel fuel or ULSD means diesel fuel having sulfur content of 0.0015
					 percent (15 ppm) of sulfur or less.
(30) ULSD regulated entity means State agency
					 or public authority, either State or regional.