Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-80 - Statewide Motor Vehicle Anti-Tampering Program › Section 3745-80-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see paragraph (M) of this
				rule titled "referenced materials."]
(A) "Anti-tampering inspector" means any
			 authorized representative of the director with the authority to investigate,
			 inspect and otherwise determine compliance with sections
			 3704.16
			 to
			 3704.162
			 of the Revised Code.
(B) "Clean Air
			 Act Amendments" means the Clean Air Act, and regulations adopted under
			 it.
(C) "Director" means the
			 director of the Ohio environmental protection agency or the director's
			 authorized representative.
(D)
			 "Emission control system" means any system designated by the United States
			 environmental protection agency as an emission control system under title II of
			 the Clean Air Act Amendments and includes any device or element of design of
			 the system.
(E) "Emission system
			 reference manual" means the most current reference manual with emission system
			 application tables available from a source approved by the director or the
			 director's designee.
(F) "Lessee"
			 means any person who uses a motor vehicle pursuant to a bailment, lease or
			 other contractual arrangement under which a charge is made for its use at a
			 periodic rate for a term of thirty continuous days or more.
(G) "Motor vehicle facility" means premises
			 owned, operated, rented, leased or otherwise used by any person engaged in the
			 sale, lease, service or rental of motor vehicles or motor vehicle
			 parts.
(H) "Person" means the
			 state, any political subdivision, public or private corporation, partnership,
			 firm, association, individual, organization or other entity.
(I) "Renter" means any person who uses a
			 motor vehicle pursuant to a bailment, lease or other contractual arrangement
			 under which a charge is made for use of the motor vehicle at a periodic rate
			 for a term of thirty continuous days or less.
(J) "Statewide Anti-Tampering Procedures
			 Manual" means the official document issued by the Ohio environmental protection
			 agency to anti-tampering inspectors detailing the procedures to be followed
			 when conducting inspections to determine compliance with sections
			 3704.16
			 to
			 3704.162
			 of the Revised Code.
(K) "Tamper
			 with" means to remove permanently or temporarily, except for repair,
			 replacement or converting for use of a clean alternative fuel, to bypass,
			 defeat, or render inoperative, in whole or in part, any emission control system
			 that is installed on or in a motor vehicle, for purposes of defeating,
			 bypassing or otherwise circumventing the requirements of the Clean Air Act
			 Amendments or Chapter 3704. of the Revised Code and the rules promulgated
			 thereunder.
(L) "Ultimate
			 purchaser" with respect to any new motor vehicle, means the first person, other
			 than a dealer in the capacity as a dealer, who is a good faith purchaser of
			 such new motor vehicle for purposes other than resale.
(M) Referenced materials. This chapter
			 includes references to certain subject matter or materials. The text of the
			 referenced materials is not included in the rules contained in this chapter.
			 Information on the availability of the referenced materials as well as the date
			 of, or the particular edition or version of the material is included in this
			 rule. For materials subject to change, only the specific version specified in
			 this rule are referenced. Material is referenced as it exists on the effective
			 date of this rule. Except for subsequent annual publication of existing
			 (unmodified) Code of Federal Regulation compilations, any amendment or revision
			 to a referenced document is not applicable unless and until this rule has been
			 amended to specify the new dates.
(1)
			 Availability. The referenced materials are available as follows:
(a) Mobile Source
			 Enforcement Memorandum No. 1A: Information and copies are available by writing
			 to: "U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
			 Washington, D.C. 20460-0001." The full text of the document is also available
			 in electronic format at
http://www.afdc.energy.gov/pdfs/2753.pdf
.
			 The document is also available for inspection and use at most public libraries
			 and "The State Library of Ohio."
(b) "Statewide
			 Anti-Tampering Procedures Manual." Information and copies may be obtained by
			 writing to: "Mobile Sources Section, Division of Air Pollution Control, Ohio
			 EPA, 50 West Town Street, Suite 700, PO Box 1049, Columbus, Ohio
			 43216-1049."