Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 37 - Rhode Island's Low-Emission and Zero-Emission Vehicle Programs › Section 250-RICR-120-05-37.5 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined in this
				  Section, the terms used in this regulation shall be defined by reference to
				  Part 0 of this Subchapter (General Definitions) and, as authorized by  42 U.S.C. §
											7507, certain sections of 13 and 17 CCR incorporated by reference in
				  §
										37.4(B)   of this Part. As used in this regulation, the following terms
				  shall, where the context permits, be construed as follows:
1. "Add-on part" means any aftermarket part
				  which is not a modified part or a replacement part.
2. "Aftermarket Part" means any part of a
				  motor vehicle emission control system sold for installation on a vehicle after
				  the original retail sale of the vehicle.
3. "California-certified" means approved by
				  CARB for sale in California.
4.
				  "California Air Resources Board" or "CARB" means the California state agency
				  established and empowered to regulate sources of air pollution in California,
				  including motor vehicles, pursuant to Division 26 (Air Resources) of the
				  California Health amp; Safety Code.
5. "California standards" means those
				  emission standards for motor vehicles and new motor vehicle engines, in force
				  and effect at the time of adoption of these regulations, that the State of
				  California CARB has adopted and is permitted to adopt pursuant to the authority
				  of  42 U.S.C. §
												7543  and which other states are permitted to adopt pursuant
				  to  42 U.S.C. §
												7507.
6. "CCR"
				  means the California Code of Regulations.
7. "Dealer" means any person engaged in the
				  business of selling, offering to sell, soliciting or advertising the sale of
				  new vehicles who holds a valid sales and service agreement, franchise or
				  contract, granted by the manufacturer or distributor for the retail sale of
				  said manufacturer's or distributor's new vehicles.
8. "Emergency vehicle" means any publicly
				  owned vehicle operated by a peace officer in performance of their duties, any
				  authorized emergency vehicle used for fighting fires or responding to emergency
				  fire calls, any publicly owned authorized vehicle used by an emergency medical
				  technician or paramedic, or used for towing or servicing other vehicles, or
				  repairing damaged lighting or electrical equipment, any motor vehicle of
				  mosquito abatement, vector control, or pest abatement agencies and used for
				  those purposes, or any ambulance used by a private entity under contract with a
				  public agency.
9. "Emission control
				  label" means a paper, plastic, metal or other permanent material, welded,
				  riveted or otherwise permanently attached to an area within the engine
				  compartment (if any) or to the engine in such a way that it will be visible to
				  the average person after installation of the engine in new vehicles certified
				  for sale in California, in accordance with 13 CCR, incorporated by reference in
				  §
											37.4(B)   of this Part.
10
				  "Environmental performance label" means a paper or plastic decal securely
				  affixed by the manufacturer to a window of all passenger cars, light-duty
				  trucks, and medium-duty passenger vehicles which discloses the global warming
				  and smog score for the vehicle in accordance with 13 CCR, incorporated by
				  reference in §
											37.4(B)   of this Part.
11. "Fleet average emission" means a vehicle
				  manufacturer's average vehicle emissions of all greenhouse gases, non-methane
				  organic gases (NMOG), or NMOG plus oxides of nitrogen (NOx), as applicable,
				  from all new vehicles delivered for sale or lease in Rhode Island in any model
				  year.
12. "Greenhouse gas" means
				  any of the following gases: carbon dioxide, methane, nitrous oxide, and
				  hydrofluorocarbons.
13. "GHG
				  Credit" means greenhouse gas credit.
14. "Gross vehicle weight rating" or "GVWR"
				  means the value specified by the vehicle manufacturer as the maximum designed
				  loaded weight of a single vehicle, consistent with good engineering
				  judgment.
15. "Heavy-duty vehicle"
				  means as defined in 13 CCR § 1900 or 17 CCR § 95662, as applicable,
				  incorporated by reference in §
											37.4(B)   of this Part.
16. "Heavy-duty engine" means as defined in
				  13 CCR § 1900 or 17 CCR § 95662, as applicable, incorporated by
				  reference in §
											37.4(B)   of this Part.
17. "Light-duty truck" means any 2000 and
				  subsequent model motor vehicle certified to standards in 13 CCR §§
				  1961(a)(1), 1961.2, or 1961.4, incorporated by reference in §
											37.4(B)   of
				  this Part. rated at 8,500 pounds gross vehicle weight or less, and any other
				  motor vehicle, rated at 6,000 pounds gross weight or less, that is designed
				  primarily for purposes of transportation of property or is a derivative of such
				  a vehicle, or is available with special features enabling off-street or
				  off-highway operation and use.
18.
				  "LEV" means a low-emission vehicle.
19. "Mail out" means a widely distributed
				  general correspondence issued by CARB whenever said board needs information
				  from the public, or when it wishes to inform the public of new
				  information.
20. "Manufacturer"
				  means any independent low volume, small, intermediate or large volume vehicle
				  manufacturer, as defined in 13 CCR § 1900, incorporated by reference in
				  §
											37.4(B)   of this Part.
21.
				  "Manufacturers advisory correspondence" means a document issued by CARB, which
				  is a policy interpretation for further clarification of the CCR applicable to
				  motor vehicles.
22. "Medium-duty
				  engine" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as
				  applicable, incorporated by reference in §
											37.4(B)   of this Part.
23. "Medium-duty passenger vehicle" means as
				  defined in 13 CCR § 1900, incorporated by reference in §
											37.4(B)   of
				  this Part.
24. "Medium-duty
				  vehicle" means as defined in 13 CCR § 1900 or 17 CCR § 95662, as
				  applicable, incorporated by reference in §
											37.4(B)   of this Part.
25. "Model year" means a motor vehicle
				  manufacturer's annual production period which includes January 1 of a calendar
				  year or, if the manufacturer has no annual production period, the calendar
				  year. In the case of any vehicle manufactured in two (2) or more stages, the
				  time of manufacture shall be the date of completion of the chassis, except for
				  a vehicle or engine subject to 17 CCR § 95662(a)(16), incorporated by
				  reference in §
											37.4(B)   of this Part.
26. "Motor vehicle" means a vehicle which is
				  self-propelled but does not include a self-propelled wheelchair, invalid
				  tricycle, or motorized quadricycle, if operated by a person who, by reason of
				  physical disability, is otherwise unable to move about as a
				  pedestrian.
27. "New vehicle" means
				  any vehicle with 7,500 miles or fewer on its odometer.
28. "Near-zero emission vehicle" or "NZEV"
				  means one of the following:
a. An on-road
				  plug-in hybrid electric vehicle which has the same definition as that in  40 CFR §
													86.1803-01, amended on July 1, 2011, incorporated by reference herein,
				  that achieves all-electric range as defined in 13 CCR § 1963(c)(1),
				  incorporated by reference in §
												37.4(B)   of this Part; or
b. An on-road hybrid electric vehicle that
				  has the capability to charge the battery from an off-vehicle conductive or
				  inductive electric source and achieves all-electric range as defined in 13 CCR
				  § 1963(c)(1), incorporated by reference in §
												37.4(B)   of this
				  Part.
29. "NMOG credit"
				  means non-methane organic gas credit.
30. "NMOG + NOx credit" means the combined
				  emissions of non-methane organic gases and oxides of nitrogen credit.
31. "NOx" means oxides of nitrogen.
32. "Passenger car" means any motor vehicle
				  designed primarily for transportation of persons and having a design capacity
				  of twelve persons or less.
33.
				  "Qualifying Community-based Clean Mobility Program" means a program determined
				  by the Department to qualify as a community-based clean mobility program
				  pursuant to guidance issued by the Department. The Department must determine
				  that a program qualifies as a community-based clean mobility program before a
				  manufacturer may earn vehicle value pursuant to the requirements of 13 CCR
				  § 1962.4, incorporated by reference in §
											37.4(B)   of this
				  Part.
34. "Recall" means:
a. The issuing of notices directly to
				  consumers that vehicles in their possession or control should be corrected,
				  and/or;
b. Efforts to actively
				  locate and correct vehicles in the possession or control of
				  consumers.
35. "Recall
				  campaign" means that plan approved by CARB or the Department, by which the
				  manufacturer will affect the recall of non-complying vehicles.
36. "Smog index label" means a decal securely
				  affixed by the manufacturer to a window of all passenger car and light-duty
				  trucks which discloses the smog index for the vehicle in accordance with 13,
				  CCR § 1965, incorporated by reference in §
											37.4(B)   of this
				  Part.
37. "Tampering" means
				  removing, disconnection, or modifying any emissions controls systems, which
				  renders one or more components ineffective.
Examples include, but are not limited to, the removal of
					 the catalytic converter or light for the Malfunction Indicator Lamp (MIL),
					 bypassing the Exhaust Gas Recirculation (EGR) valve, Air Injection, or Diesel
					 Exhaust Fluid (DEF) systems, etc. Tampering also includes the installation of
					 software, firmware, or other electric or mechanical devices that bypass,
					 defeat, or otherwise render the vehicle's emissions control systems
					 inoperative, including the use of simulators.
38. "Test vehicle" means an experimental or
				  prototype motor vehicle which appears to have very low emission characteristics
				  or a used motor vehicle within which an experimental motor vehicle pollution
				  control device is installed, and which has also received a test vehicle or
				  fleet permit from CARB pursuant to Manufacturers Advisory Correspondence no.
				  83-01.
39. "Trailer" means as
				  defined in 17 CCR § 95662, incorporated by reference in §
											37.4(B)   of
				  this Part.
40. "Used motor vehicle"
				  means motor vehicle that is not a new motor vehicle.
41. "VECs" means vehicle equivalent
				  credits.
42. "Vehicle or motor
				  vehicle" means any passenger car, light-duty truck, medium-duty passenger
				  vehicle, medium-duty vehicle, or heavy-duty vehicle as appropriate.
43. "Zero-Emission vehicle" or "ZEV" means a
				  vehicle that produces zero exhaust emission of any criteria pollutant (or
				  precursor pollutant) or greenhouse gas, excluding emissions from air
				  conditioning systems, under any possible operational modes or
				  conditions.
44. "ZEV Credit" or
				  "ZEV value" means a unit, expressed numerically, generated in accordance with
				  13 CCR §§ 1962.2, 1962.4, and 1963.2, incorporated by reference in
				  §
											37.4(B)   of this Part.