Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 256 - MOTOR VEHICLES › Section 340-256-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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 Heavy-duty 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) "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.
(28) "Gaseous fuel" includes, but is not
			 limited to, liquefied petroleum gases and natural gases in liquefied or gaseous
			 forms.
(29) "Gasoline motor
			 vehicle" means a motor vehicle powered by a spark-ignition internal combustion
			 engine.
(30) "Gross vehicle weight
			 rating" or "GVWR" means the value specified by the manufacturer as the maximum
			 design loaded weight of a vehicle.
(31) "Heavy duty motor vehicle" means any
			 motor vehicle with a GVWR greater than 8,500 pounds.
(32) "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.
(33) "HC" is an
			 abbreviation that means hydrocarbon.
(34) "Hydrocarbon" means a class of chemical
			 compounds consisting of hydrogen and carbon.
(35) "Idle speed" means the engine speed when
			 accelerator pedal is fully released.
(36) "Imported vehicle" means a vehicle
			 legally imported from another country through channels other than the maker's
			 official distribution system.
(37)
			 "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.
(38) "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.
(39) "In-use motor vehicle" means any motor
			 vehicle that is not a new motor vehicle.
(40) "Light-duty motor vehicle" means any
			 motor vehicle with a GVWR of 8,500 pounds or less.
(41) "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.
(42) "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.
(43)
			 "Motor vehicle" or "vehicle" means any self-propelled vehicle used for
			 transporting persons or commodities on public roads.
(44) "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.
(45) "Motor Vehicle Fleet
			 Operation" means ownership, control, management or any combination thereof, by
			 any person, of five or more motor vehicles.
(46) "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.
(47) "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.
(48) "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.
(49) "On-Site Vehicle Test" means an
			 emissions test conducted at the vehicle owner's location.
(50) "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.
(51) "Opacity" means the degree to which
			 transmitted light is obscured, expressed in percent.
(52) "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.
(53) "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.
(54) "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.
(55) "PPM" means parts per million by
			 volume.
(56) "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.
(57) "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.
(58) "Public Agency Fleet" means a group of
			 50 or more government-owned vehicles registered under ORS
			 805.040.
(59) "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.
(60) "Public roads" means any street, alley,
			 road, highway, freeway, thoroughfare, or section thereof used by the public, or
			 dedicated or appropriated to public use.
(61) "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.
(62) "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.
(63) "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.
(64) "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.
(65) "RPM" means engine
			 crankshaft revolutions per minute.
(66) "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.
(67) "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.
(68) "VIN" or "Vehicle Identification Number"
			 means a unique code including a serial number that identifies a specific
			 vehicle.
(69) "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.]
Statutory/Other Authority: ORS
				  468A.360,
				  ORS
				  468A.810  & ORS
				  468.020
Statutes/Other Implemented: ORS
				  468A.350  - 468A.400,
				  468A.810  & ORS 468A.810