Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part I - Definitions › Section 9VAC5-91-20 - Terms defined

Current through Register Vol. 40, No. 24, July 15, 2024
"Aborted test" means an emissions inspection procedure that
					 has been initiated by the inspector but stopped and not completed due to
					 inspector error or a vehicular problem that prevents completion of the test.
					 Aborted tests are not tests that cannot be completed due to a "failed/invalid"
					 result caused by an exhaust dilution problem or an engine condition that
					 prevents the inspection from being completed.
"Acceleration Simulation Mode (ASM) 50-15 equipment" means
					 dynamometer-based emissions test equipment used to perform an enhanced
					 emissions test in one or more, discreet, simulated road speed and engine load
					 modes.
"Acceleration Simulation Mode (ASM) 25-25 standards" means
					 the standards utilized for one of the discreet modes of the ASM test of the
					 enhanced emissions inspection program.
"Access code" means the security phrase or number which
					 allows authorized station personnel, the department, and analyzer service
					 technicians to perform specific assigned functions using the certified analyzer
					 system, as determined by the department. Depending on the assigned function,
					 the access code is a personal password, a state password, or a service
					 password. Access code is not an identification number, but is used as an
					 authenticator along with the identification number where such number is needed
					 to perform specific tasks.
"Actual gross weight" means the gross vehicle weight rating
					 (GVWR).
"Administrator" means the administrator of the U.S.
					 Environmental Protection Agency (EPA) or an authorized representative.
"Affected motor vehicle" means any motor vehicle or replica
					 vehicle which:
1. Was manufactured or
				  designated by the manufacturer as a model year less than 25 calendar years
				  prior to January 1 of the present calendar year according to the formula, the
				  current calendar year minus 24, except those identified by remote sensing as
				  specified in subdivision 5 of this definition;
2. Is designed for the transportation of
				  persons or property;
3. Is powered
				  by an internal combustion engine;
4. For the Northern Virginia Emissions
				  Inspection Program, has an actual gross weight of 10,000 pounds or less;
				  and
5. For vehicles subject to the
				  remote sensing requirements of
				  9VAC5-91-180,
				  was designated by the manufacturer as model year 1968 or newer.
The term "affected motor vehicle" does not mean any:
1. Vehicle powered by a clean special fuel as
				  defined in §
										46.2-749.3
				  of the Code of Virginia, provided the federal Clean Air Act permits such
				  exemptions for vehicles powered by clean special fuels;
2. Motorcycle or autocycle, unless such
				  autocycle has been emissions certified with an on-board diagnostic system by
				  the United States Environmental Protection Agency;
3. Vehicle that at the time of its
				  manufacture was not designed to meet emissions standards set or approved by the
				  federal government;
4. Any antique
				  motor vehicle as defined in §
										46.2-100 of the Code
				  of Virginia and licensed pursuant to §
										46.2-730
				  of the Code of Virginia;
5.
				  Firefighting equipment, rescue vehicle, or ambulance;
6. Vehicle for which no testing standards
				  have been adopted by the board;
7.
				  Tactical military vehicle;
8.
				  Qualified hybrid motor vehicle if such vehicle obtains a rating from the U.S.
				  Environmental Protection Agency of at least 50 miles per gallon, or 48 miles
				  per gallon for model years 2008 or 2009, during city fuel economy tests unless
				  identified by the remote sensing requirements of
				  9VAC5-91-180
				  as violating the on-road high emitter emissions standards for on-road
				  testing;
9. Vehicle manufactured
				  for the current model year or any of the three immediately preceding model
				  years unless identified by the remote sensing requirements of
				  9VAC5-91-180
				  as violating the emissions standards for on-road testing; or
10. Military surplus motor vehicle, which
				  means a multipurpose or tactical vehicle manufactured by or under the direction
				  of the United States armed forces for off-road use and subsequently authorized
				  for sale to civilians. A military surplus motor vehicle does not include
				  specialized mobile equipment as defined in §
										46.2-700
				  of the Code of Virginia, trailers, or semitrailers.
"Air intake systems" means those systems that allow for the
					 induction of ambient air (to include preheated air) into the engine combustion
					 chamber for the purpose of mixing with a fuel for combustion.
"Air pollution" means the presence in the outdoor
					 atmosphere of one or more substances which are or may be harmful or injurious
					 to human health, welfare, or safety, to animal or plant life, or to property;
					 or which unreasonably interfere with the enjoyment by the people of life or
					 property.
"Air Pollution Control Law" means Chapter 13 (§
											10.1-1300 et seq.) of
					 Title 10.1 of the Code of Virginia.
"Air system" or "air injection system" means a system for
					 providing supplementary air to promote further oxidation of hydrocarbons and
					 carbon monoxide gases and to assist catalytic reaction.
"Alternative fuel" means an internal combustion engine fuel
					 other than (i) gasoline, (ii) diesel, or (iii) fuel mixtures containing more
					 than 15% volume of gasoline.
"Alternative method" means any method of sampling and
					 analyzing for an air pollutant that is not a reference method, but that has
					 been demonstrated to the satisfaction of the board, in specific cases, to
					 produce results adequate for its determination of compliance.
"Authorized personnel" means department personnel, an
					 individual designated by analyzer system manufacturer, station owner, licensed
					 emissions inspector, program coordinator, station manager, or other person as
					 designated by the station manager.
"Basic engine systems" means those parts or assemblies
					 which provide for the efficient conversion of a compressed air and fuel charge
					 into useful power to include valve train mechanisms, cylinder head to block
					 integrity, piston-ring-cylinder sealing integrity, and post-combustion
					 emissions control device integrity.
"Board" means the State Air Pollution Control Board or its
					 designated representative.
"Calibration" means establishing or verifying the response
					 curve of a measurement device using several different measurements having
					 precisely known quantities.
"Calibration gases" means gases of precisely known
					 concentrations that are used as references for establishing or verifying the
					 response curve of a measurement device.
"Catalytic converter" means a post combustion device that
					 oxidizes hydrocarbons, carbon monoxide gases, and may also reduce oxides of
					 nitrogen.
"Certificate of emissions inspection" means a document,
					 device, or symbol, whether recorded in written or electronic form, as
					 prescribed by the director and issued pursuant to this chapter, which indicates
					 that (i) an affected motor vehicle has satisfactorily complied with the
					 emissions standards and passed the emissions inspection provided for in this
					 chapter, (ii) the requirement of compliance with the emissions standards has
					 been temporarily waived, or (iii) the affected motor vehicle has failed the
					 emissions inspection.
"Certified emissions repair facility" means a facility, or
					 portion of a facility, that has obtained a certification in accordance with
					 Part VII (9VAC5-91-500
					 et seq.) to perform emissions related repairs on motor vehicles.
"Certified emissions repair technician" means a person who
					 has obtained a certification in accordance with Part VIII (9VAC5-91-550
					 et seq.) to perform emissions related repairs on motor vehicles.
"Certified enhanced analyzer system" or "analyzer system"
					 means the complete system that samples and reads concentrations of hydrocarbon,
					 carbon dioxide, nitric oxides, and carbon monoxide gases or interrogates the
					 vehicle OBD system or both, and that is approved by the department for use in
					 the Enhanced Emissions Inspection Program in accordance with Part X
					 (9VAC5-91-640 et
					 seq.). The analyzer system includes the exhaust gas handling system, the
					 exhaust gas analyzer, associated automation hardware and software, data media,
					 the analyzer system cabinet, dynamometer control devices, vehicle
					 identification equipment, printer, and calibration gases. The analyzer system
					 does not include the dynamometer and associated cooling and exhaust fans that
					 are supplied by the inspection station.
"Certified thermometer" means a laboratory grade ambient
					 temperature-measuring device with a range of at least 20°F through
					 120°F, and an attested accuracy of at least 1°F with increments of
					 1°, with protective shielding.
"Chargeable inspection" means a completed inspection on an
					 affected motor vehicle, for which the station owner is entitled to collect an
					 inspection fee. No fee shall be paid for (i) inspections for which a
					 certificate of emissions inspection has not been issued, (ii) inspections that
					 are conducted by the department for referee purposes, (iii) inspections which
					 were ordered due to on-road test failures but which result in an emissions
					 inspection "pass" at an inspection station, or (iv) the first reinspection done
					 at the same station that performed the initial inspection within 14 days. An
					 inspection ordered by the department due to an on-road test failure that
					 results in a confirmation test failure at an emissions inspection station is a
					 chargeable inspection.
"Clean screen vehicle" means a vehicle that has been
					 identified by the on-road inspector as having met the criteria in
					 9VAC5-91-185
					 A or B and is eligible to participate in the on-road clean screen
					 program.
"Clean screen vehicle notification" means a document,
					 device, or symbol, whether recorded in written or electronic form, as
					 prescribed by the director and issued pursuant to this chapter, that (i)
					 indicates that an affected motor vehicle has satisfactorily complied with the
					 clean screen vehicle emissions standards for on-road testing, and (ii) may be
					 used by the motor vehicle owner to voluntarily comply with the vehicle
					 registration requirements of §
											46.2-1183
					 of the Code of Virginia. The notification shall also indicate that the motor
					 vehicle owner may obtain an emissions inspection from an emissions inspection
					 station.
"Clean screen vehicle standard" means any provision of
					 9VAC5-91-185
					 that prescribes an emission limitation, or other criteria used to select clean
					 screen vehicles.
"Confirmation test" means an emissions inspection required
					 due to a determination that the vehicle exceeds the on-road high emitter
					 emissions standards prescribed in
					 9VAC5-91-180
					 B. The confirmation emissions inspection procedure may include an exhaust test
					 (ASM or TSI), OBD system test, or both.
"Consent order" means a mutual agreement between the
					 department and any owner, operator, emissions inspector, or emissions repair
					 technician that such owner or other person will perform specific actions for
					 the purpose of diminishing or abating the causes of air pollution or for the
					 purpose of coming into compliance with this chapter. A consent order may
					 include agreed upon civil charges. Such orders may be issued without a formal
					 hearing.
"Curb idle" means vehicle operation whereby the
					 transmission is disengaged and the engine is operated with the throttle in the
					 closed or idle stop position with the resultant engine speed between 400 and
					 1,250 revolutions per minute (rpm), or at another idle speed if so specified by
					 the manufacturer.
"Data handling system" means all the computer hardware,
					 software, and peripheral equipment used to conduct emissions inspections and
					 manage the enhanced emissions inspection program.
"Data media" means the media contained in the certified
					 analyzer system and used to electronically record test data.
"Day" means a 24-hour period beginning at midnight.
"Department" means any employee or other representative of
					 the Virginia Department of Environmental Quality, as designated by the
					 director.
"Director" means the director of the Virginia Department of
					 Environmental Quality or a designated representative.
"Emissions control equipment" means any part, assembly, or
					 equipment originally installed by the manufacturer in or on a motor vehicle for
					 the sole or primary purpose of reducing emissions.
"Emissions control systems" means any system consisting of
					 parts, assemblies, or equipment originally installed by the manufacturer in or
					 on a motor vehicle for the primary purpose of reducing emissions.
"Emissions inspection" means an emissions inspection of a
					 motor vehicle performed by an emissions inspector employed by or working at an
					 emissions inspection station or fleet emissions inspection station, using the
					 tests, procedures, and provisions set forth in this chapter.
"Emissions inspection station" means a facility or portion
					 of a facility that has obtained an emissions inspection station permit from the
					 director authorizing the facility to perform emissions inspections in
					 accordance with the provisions of this chapter.
"Emissions inspector" means, except for an on-road
					 emissions inspector, a person licensed by the department to perform inspections
					 of vehicles required under the Virginia Motor Vehicle Emissions Control Law and
					 is qualified in accordance with this chapter.
"Emissions standard" means any provision of Part III
					 (9VAC5-91-160
					 et seq.) or Part XIV (9VAC5-91-790
					 et seq.) that prescribes an emission limitation, or other emission control
					 requirements for motor vehicle air pollution.
"Empty weight" or "EW" means that weight stated as the EW
					 on a Virginia motor vehicle registration or derived from the motor vehicle
					 title or manufacturer's certificate of origin. The EW may be used to determine
					 emissions inspection standards.
"Enhanced emissions inspection program" means a motor
					 vehicle emissions inspection system established by this chapter that
					 designates, as the only authorized testing equipment for emissions inspection
					 stations, (i) the use of the ASM 50-15 (acceleration simulation mode or method)
					 together with an OBD-II (on-board diagnostic system) with wireless capability,
					 (ii) the use of the ASM 50-15 together with the use of a dynamometer, and (iii)
					 two-speed tailpipe testing equipment. Possession and availability of a
					 dynamometer shall be required for enhanced emissions inspection stations. Only
					 those computer software programs and emissions testing procedures necessary to
					 comply with applicable provisions of Title I of the federal Clean Air Act shall
					 be included. Such testing equipment shall be approvable for motor vehicle
					 manufacturers' warranty repairs. An enhanced emissions inspection program shall
					 include remote sensing and an on-road clean screen program as provided in this
					 chapter.
"EPA" means the United States Environmental Protection
					 Agency.
"Equivalent test weight," "ETW," or "emissions test weight"
					 means the weight of a motor vehicle as automatically determined by the
					 emissions analyzer system based on vehicle make, model, body, style, model
					 year, engine size, permanently installed equipment, and other manufacturer and
					 aftermarket supplied information, and used for the purpose of assigning
					 dynamometer resistance and exhaust emissions standards for the conduct of an
					 exhaust emissions inspection.
"Exhaust gas analyzer" or "gas analyzer" means an exhaust
					 gas handling system that is capable of measuring the concentrations of certain
					 air pollutants in the exhaust gas from a motor vehicle.
"Facility" means something that is built, installed, or
					 established to serve a particular purpose; includes buildings, installations,
					 public works, businesses, commercial and industrial plants, shops and stores,
					 apparatus, processes, operations, structures, and equipment of all
					 types.
"Federal Clean Air Act" means Chapter 85 (§ 7401 et
					 seq.) of Title 42 of the United States Code.
"Fleet" means 20 or more motor vehicles that are owned,
					 operated, leased, or rented for use by a common owner.
"Fleet emissions inspection station" means any inspection
					 facility operated under a permit issued to a qualified fleet owner or lessee as
					 determined by the director.
"Formal hearing" means a board or department process that
					 provides for the right of private parties to submit factual proofs as provided
					 in §
											2.2-4020
					 of the Administrative Process Act in connection with case decisions. Formal
					 hearings do not include the factual inquiries of an informal nature provided in
					 §
											2.2-4019
					 of the Administrative Process Act.
"Fuel control systems" means those mechanical,
					 electro-mechanical, galvanic, or electronic parts or assemblies which regulate
					 the air-to-fuel ratio in an engine for the purpose of providing a combustible
					 charge.
"Gas span" means the adjustment of an exhaust gas analyzer
					 to correspond with known concentrations of gases.
"Gas span check" means a procedure using known
					 concentrations of gases to verify the gas span adjustment of a gas
					 analyzer.
"Gross vehicle weight rating" or "GVWR" means the maximum
					 recommended combined weight of the motor vehicle and its load as prescribed by
					 the manufacturer and is (i) expressed on a permanent identification label
					 affixed to the motor vehicle, (ii) stated on the manufacturer's certificate of
					 origin, or (iii) coded in the vehicle identification number. If the GVWR can be
					 determined it shall be one element used to determine emissions inspection
					 standards and test type. If the GVWR is unavailable, the department may make a
					 determination based on the best available evidence including manufacturer
					 reference, information coded in the vehicle identification number, or other
					 available sources of information from which to make the determination.
"Heavy duty gasoline vehicle" or "HDGV" means a heavy duty
					 vehicle using gasoline as its fuel.
"Heavy duty vehicle" or "HDV" means any affected motor
					 vehicle (i) which is rated at more than 8,500 pounds GVWR or (ii) which has a
					 loaded vehicle weight or GVWR of more than 6,000 pounds and has a basic frontal
					 area in excess of 45 square feet.
"High emitter value" means the values in Table III-B of
					 9VAC5-91-180
					 that are used to determine vehicles in violation of the on-road high emitter
					 emissions standard.
"Identification number" means the number assigned by the
					 department to uniquely identify department personnel, an emissions inspection
					 station, a certified emissions repair facility, a licensed emissions inspector,
					 a certified emissions repair technician, or other authorized personnel as
					 necessary for specific tasks.
"Idle mode" means a condition where the vehicle engine is
					 warm and running at the rate specified by the manufacturer as curb idle, where
					 the engine is not propelling the vehicle, and where the throttle is in the
					 closed or idle stop position.
"Ignition systems" means those parts or assemblies that are
					 designed to cause and time the ignition of a compressed air and fuel
					 charge.
"Implementation plan" means the plan, including any
					 revision thereof, that has been submitted by the Commonwealth and approved in
					 Subpart VV of 40 CFR Part 52 by the administrator under § 110 of the
					 federal Clean Air Act, or promulgated in Subpart VV of 40 CFR Part 52 by the
					 administrator under § 110(c) of the federal Clean Air Act, or promulgated
					 or approved by the administrator pursuant to regulations promulgated under
					 § 301(d) of the federal Clean Air Act and that implements the relevant
					 requirements of the federal Clean Air Act.
"Informal fact finding" means an informal conference or
					 consultation proceeding used to ascertain the fact basis for case decisions as
					 provided in §
											2.2-4019
					 of the Administrative Process Act.
"Initial inspection" means the first complete emissions
					 inspection of a motor vehicle conducted in accordance with the biennial
					 inspection requirement and for which a valid vehicle emissions inspection
					 report was issued. Any test following the initial inspection is a retest or
					 reinspection.
"Inspection area" means in reference to an emissions
					 inspection station, (i) the area that is occupied by the certified analyzer
					 system and the vehicle being inspected or (ii) for only an OBD II test, the
					 area within wireless range that is on the property on which the inspection
					 station is located.
"Inspection fee" means the amount of money that (i) the
					 emissions inspection station may collect from the motor vehicle owner for each
					 chargeable inspection or (ii) an on-road emissions inspector may collect from
					 the motor vehicle owner in response to a clean screen vehicle
					 notification.
"Light duty gasoline vehicle" or "LDGV" means a light duty
					 vehicle using gasoline as its fuel.
"Light duty gasoline truck" or "LDGT1" means a light duty
					 truck 1 using gasoline as its fuel.
"Light duty gasoline truck" or "LDGT2" means a light duty
					 truck 2 using gasoline as its fuel.
"Light duty truck" or "LDT" means any affected motor
					 vehicle which (i) has a loaded vehicle weight or GVWR of 6,000 pounds or less
					 and meets any one of the criteria below; or (ii) is rated at more than 6,000
					 pounds GVWR but less than 8,500 pounds GVWR and has a basic vehicle frontal
					 area of 45 square feet or less; and meets one of the following criteria:
1. Designed primarily for purposes
				  of transportation of property or is a derivation of such a vehicle.
2. Designed primarily for transportation of
				  persons and has a capacity of more than 12 persons.
3. Equipped with special features enabling
				  off-street or off-highway operation and use.
"Light duty truck 1" or "LDT1" means any light duty truck
					 rated at 6,000 pounds GVWR or less. LDT1 is a subset of light duty
					 trucks.
"Light duty truck 2" or "LDT2" means any light duty truck
					 rated at greater than 6,000 pounds GVWR. LDT2 is a subset of light duty
					 trucks.
"Light duty vehicle" or "LDV" means an affected motor
					 vehicle that is a passenger car or passenger car derivative capable of seating
					 12 passengers or less.
"Loaded vehicle weight," "LVW," or "curb weight" means the
					 weight of a vehicle and its standard equipment; that is, the empty weight as
					 recorded on the vehicle's registration or the base shipping weight as recorded
					 in the vehicle identification number, whichever is greater; plus the weight of
					 any permanent attachments, the weight of a nominally filled fuel tank, plus 300
					 pounds.
"Locality" means a city, town, or county created by or
					 pursuant to state law.
"Mobile fleet emissions inspection station" means a
					 facility or entity that provides emissions inspection equipment or services to
					 a fleet emissions inspection station on a temporary basis. Such equipment is
					 not permanently installed at the fleet facility but is temporarily located at
					 the fleet facility for the sole purpose of testing vehicles owned, operated,
					 leased, or rented for use by a common owner.
"Model year" means, except as may be otherwise defined in
					 this chapter, the motor vehicle manufacturer's annual production period which
					 includes the time period from January 1 of the calendar year prior to the
					 stated model year to December 31 of the calendar year of the stated model year;
					 provided that, if the manufacturer has no annual production period, the term
					 "model year" shall mean the calendar year of manufacture. For the purpose of
					 this definition, model year is applied to the vehicle chassis, irrespective of
					 the year of manufacture of the vehicle engine.
"Monitors" means those computer programs in the on-board
					 vehicle computer that evaluate the various emissions components and systems to
					 determine status of such components and systems.
"Motor vehicle" means any motor vehicle as defined in
					 §
											46.2-100 of the Code
					 of Virginia as a motor vehicle and that:
1. Is designed for the transportation of
				  persons or property; and
2. Is
				  powered by an internal combustion engine.
"Motor vehicle dealer" means a person who is licensed by
					 the Department of Motor Vehicles in accordance with §§
											46.2-1500 and
					 46.2-1508
					 of the Code of Virginia.
"Motor vehicle emissions" means any emissions related
					 information that can be captured through (i) a basic test and repair
					 inspection, (ii) enhanced emissions inspection, or (iii) on-road
					 testing.
"Motor vehicle inspection report" means a printed
					 certificate of emissions inspection that is a report of the results of an
					 emissions inspection. It indicates whether the motor vehicle has (i) passed,
					 (ii) failed, or (iii) obtained a temporary emissions inspection waiver. It may
					 also indicate whether the emissions inspection could not be completed due to an
					 exhaust dilution or an engine condition that prevents the inspection from being
					 completed. The report shall accurately identify the motor vehicle and shall
					 include inspection results, recall information provided by the department,
					 warranty and repair information, and a unique identification number.
"Motor vehicle owner" means any person who owns, leases,
					 operates, or controls a motor vehicle or fleet of motor vehicles.
"Nonconforming vehicle" means a vehicle not manufactured
					 for sale in the United States to conform to emissions standards established by
					 the federal government.
"Normal business hours" for emissions inspection stations,
					 means a daily eight-hour period Monday through Friday, between the hours of 8
					 a.m. and 6 p.m., with the exception of national holidays, state holidays,
					 temporary closures noticed to the department, and closures due to the inability
					 to meet the requirements of this chapter. Nothing in this chapter shall prevent
					 stations from performing inspections at other times in addition to the "normal
					 business hours." Emissions inspection stations may, with the approval of the
					 department, substitute a combined total of eight hours, between 8 a.m. and 6
					 p.m., over a weekend period for one weekday as their "normal business hours"
					 for conducting emissions inspections. Emissions inspection stations shall post
					 inspection hours.
"Northern Virginia emissions inspection program" means the
					 emissions inspection program required by this chapter in the Northern Virginia
					 program area.
"Northern Virginia program area" or "program area" means
					 the territorial area encompassed by the boundaries of the following localities:
					 the counties of Arlington, Fairfax, Loudoun, Prince William, and Stafford; and
					 the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas
					 Park.
"On-board diagnostic system" or "OBD system" means the
					 computerized emissions control diagnostic system installed on model year 1996
					 and newer affected motor vehicles.
"On-board diagnostic system test" or "OBD test" means an
					 evaluation of the OBD system pursuant to either 40 CFR 86.094-17 (2009 CFR) or
					 40 CFR
					 86.099-17 as applicable, according to
					 procedures specified in
					 40 CFR
					 85.2222 and this chapter.
"On-board diagnostic vehicle" or "OBD vehicle" means a
					 model year 1996 and newer model affected motor vehicle equipped with an
					 on-board diagnostic system and meeting the requirements of
					 40 CFR
					 85.2231.
"On-road clean screen program" means a program that allows
					 a motor vehicle owner to voluntarily certify compliance with emissions
					 standards by means of on-road remote sensing.
"On-road emissions inspector" means the entity or entities
					 authorized by the Department of Environmental Quality to perform on-road
					 testing, including on-road testing in accordance with the on-road clean screen
					 program.
"On-road emissions measurement" means data obtained through
					 on-road testing.
"On-road high emitter emissions standard" means any
					 provision of
					 9VAC5-91-180
					 that prescribes an emission limitation, or other emission control requirements
					 for motor vehicle emissions. The on-road high emitter emissions standard shall
					 be determined by multiplying the high emitter value in Table III-B of
					 9VAC5-91-180
					 with the appropriate ASM 25-25 standard in
					 9VAC5-91-810
					 or the TSI standard in Table III-A of
					 9VAC5-91-160.
"On-road testing" means tests of motor vehicle emissions or
					 emissions control devices by means of roadside pullovers or remote sensing
					 devices.
"Operated primarily" means motor vehicle operation that
					 constitutes routine operation into or within the program area as evidenced by
					 observation using remote sensing equipment at least three times in a 60-day
					 period with no less than 30 days between the first and last observation. The
					 director may increase the number of observations required for compliance
					 determination if, in his discretion, based on program experience, such an
					 increase would not significantly adversely impact the objectives of this
					 chapter. The term "operated primarily" shall be used to identify motor vehicle
					 operation that is subject to the exhaust emission standards for on-road testing
					 through remote sensing set forth in
					 9VAC5-91-180.
					 The term "operated primarily" shall not be used to identify motor vehicle
					 operation that will subject the vehicle to the compliance provisions set forth
					 in
					 9VAC5-91-160
					 and
					 9VAC5-91-170
					 for biennial emissions inspections.
"Order" means any decision or directive of the board or the
					 director, including orders, consent orders, and orders of all types rendered
					 for the purpose of diminishing or abating the causes of air pollution or
					 enforcement of this chapter. Unless specified otherwise in this chapter, orders
					 shall only be issued after the appropriate administrative proceeding.
"Owner" means any person who owns, leases, operates,
					 controls, or supervises a facility or motor vehicle.
"Party" means any person who actively participates in the
					 administrative proceeding or offers comments through the public participation
					 process and is named in the administrative record. The term "party" also means
					 the department.
"Person" means an individual, corporation, partnership,
					 association, a governmental body, a municipal corporation, or any other legal
					 entity.
"Pollutant" means any substance the presence of which in
					 the outdoor atmosphere is or may be harmful or injurious to human health,
					 welfare, or safety, to animal or plant life, or to property; or which
					 unreasonably interferes with the enjoyment by the people of life or
					 property.
"Program coordinator" means any person or corporation that
					 has entered into a contract with the director to provide services in accordance
					 with Part X (9VAC5-91-640 et
					 seq.) and other services not to include remote sensing.
"Qualified hybrid motor vehicle" means a motor vehicle that
					 (i) meets or exceeds all applicable regulatory requirements, (ii) meets or
					 exceeds the applicable federal motor vehicle emissions standards for
					 gasoline-powered passenger cars, and (iii) can draw propulsion energy both from
					 gasoline or diesel fuel and a rechargeable energy storage system.
"Reconstructed vehicle" means every vehicle of a type
					 required to be registered under Title 46.2 (§
											46.2-100 et seq.) of
					 the Code of Virginia, materially altered from its original construction by the
					 removal, addition or substitution of new or used essential parts. Such
					 vehicles, at the discretion of the Department of Motor Vehicles, shall retain
					 their original vehicle identification number, line-make, and model year.
"Referee station" or "referee facility" means those
					 facilities operated or used by the department to (i) determine program
					 effectiveness, (ii) resolve emissions inspection conflicts between motor
					 vehicle owners and emissions inspection stations, and (iii) provide such other
					 technical support and information, as appropriate, to emissions inspection
					 stations and motor vehicle owners.
"Reference method" means any method of sampling and
					 analyzing for an air pollutant as described in Appendix A of 40 CFR Part
					 60.
"Reinspection" or "retest" means a type of inspection
					 selected by the department or the emissions inspector when a request for an
					 inspection is due to a previous failure. Any inspection that occurs 120 days or
					 less following the most recent chargeable inspection is a retest.
"Rejected" or "rejected from testing" means that the
					 vehicle cannot be inspected due to conditions in accordance with
					 9VAC5-91-420
					 C or
					 9VAC5-91-420
					 G 3.
"Remote sensing" means the measurement of motor vehicle
					 emissions through electronic or light-sensing equipment from a remote location
					 such as the roadside. Remote sensing equipment may include devices to detect
					 and record the vehicle's registration or other identification numbers.
"Replica vehicle" means every vehicle of a type required to
					 be registered under Title 46.2 (§
											46.2-100 et seq.) of
					 the Code of Virginia not fully constructed by a licensed manufacturer but
					 either constructed or assembled from components. Such components may be from a
					 single vehicle, multiple vehicles, a kit, parts, or fabricated components. The
					 kit may be made up of "major components" as defined in §
											46.2-1600 of the Code
					 of Virginia, a full body, or a full chassis, or a combination of these parts.
					 The vehicle shall resemble a vehicle of distinctive name, line-make, model, or
					 type as produced by a licensed manufacturer or manufacturer no longer in
					 business and is not a reconstructed or specially constructed vehicle. Any
					 vehicle registered as a replica vehicle shall meet emission requirements as
					 established for the model year of which the vehicle is a replica.
"Sensitive mission vehicle" means any vehicle which, for
					 law enforcement or national security reasons, cannot be tested in the public
					 inspection system and must not be identified through the fleet testing system.
					 For such vehicles, an autonomous fleet testing system may be established by
					 agreement between the controlling agency and the director.
"Span gas" means gases of known concentration used as
					 references to adjust or verify the accuracy of an exhaust gas analyzer that are
					 approved by the department and are so labeled.
"Specially constructed vehicle" means any vehicle that was
					 not originally constructed under a distinctive name, make, model, or type by a
					 generally recognized manufacturer of vehicles and not a reconstructed vehicle
					 as defined in this section.
"Specific engine family" means a group of motor vehicles
					 with the same vehicle type, make, year, and engine size.
"Standardized instruments" or "standardizing instruments"
					 means laboratory instruments calibrated with precision gases traceable to the
					 National Institute of Standards and Technology and accepted by the department
					 as the standards to be used for comparison purposes. All candidate instruments
					 are compared in performance to the standardized instruments.
"Tactical military vehicle" means any motor vehicle
					 designed to military specifications or a commercially designed motor vehicle
					 modified to military specifications to meet direct transportation support of
					 combat, tactical, or military relief operations, or training of personnel for
					 such operations.
"Tampering" means to alter, remove, or otherwise disable or
					 reduce the effectiveness of emissions control equipment on a motor
					 vehicle.
"Test" means an emissions inspection of a vehicle, or any
					 portion thereof, performed by an emissions inspector at an emissions inspection
					 station, using the procedures and provisions set forth in this chapter.
"Test and repair" means motor vehicle emissions inspection
					 stations that perform emissions inspections and may also perform vehicle
					 repairs. No provision of this chapter shall bar emissions inspection stations
					 from also performing vehicle repairs.
"Thermostatic air cleaner" means a system that supplies
					 temperature-regulated air to the air intake system during engine
					 operation.
"Two-speed idle test" or "TSI" means a vehicle exhaust
					 emissions test, performed in accordance with section (II) of 40 CFR Part 51,
					 Appendix B to Subpart S, which measures the concentrations of pollutants in the
					 exhaust gases of an engine (i) while the motor vehicle transmission is not
					 propelling the vehicle and (ii) while the engine is operated at both curb idle
					 and at a nominal engine speed of 2,500 rpm.
"Vehicle emissions index" means the ranking of probable
					 emissions inspection failure-rates of affected motor vehicles. Values within
					 the index are determined by calculating a percentile of the historical
					 emissions inspection failure-rates of a specific engine family, and comparing
					 that to the historical emissions inspection failure-rates of all engine
					 families in a specific model year group. Motor vehicles with the highest
					 percentage of failure rates have the highest ranking on the index. Failure
					 rates are based on the two most recent calendar years of emissions inspection
					 test data from the Virginia Motor Vehicle Emissions Control Program.
"Vehicle specific power" or "VSP" means an indicator
					 expressed as a function of vehicle speed, acceleration, drag coefficient, tire
					 rolling resistance, and roadway grade that is used to characterize the load a
					 vehicle is operating under at the time and place a vehicle is measured by
					 remote sensing equipment. It is calculated using the following formula:
VSP = 4.39 x Sine (Site Grade in Degrees/57.3) x Speed + K1
x Speed x Acceleration + K2 x Speed + K3 x
					 Speed3.
Where:
VSP = vehicle specific power indicator;
Sine = the trigonometric function that for an acute angle
					 is the ratio between the side opposite the angle when it is considered part of
					 a right triangle and the hypotenuse;
Site Grade in Degrees = slope of road where remote sensing
					 measurement is taken;
K1, K2, and K3 = empirically determined coefficients
					 specific to the weight class of the vehicle;
Speed = rate of motion in miles per hour of vehicle at the
					 time remote sensing measurement is taken; and
Acceleration = change in speed in miles per hour per
					 second.
For light duty vehicles the values for K1, K2, and K3 are
					 respectively 0.22, 0.0954, and 0.0000272. Based on EPA guidance, the department
					 may develop different values for K1, K2, and K3 that are applicable to heavy
					 duty vehicles or to specific classes of light duty vehicles.
"Virginia Motor Vehicle Emissions Control Program" means
					 the program for the inspection and control of motor vehicle emissions
					 established by Virginia Motor Vehicle Emissions Control Law.
"Virginia Motor Vehicle Emissions Control Law" means
					 Article 22 (§
											46.2-1176 et seq.) of
					 Chapter 10 of Title 46.2 of the Code of Virginia.
"Visible smoke" means any air pollutant, other than visible
					 water droplets, consisting of black, gray, blue, or blue-black airborne
					 particulate matter emanating from the exhaust system or crankcase. Visible
					 smoke does not mean steam.
Statutory Authority: §
												46.2-1180
						of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
						Subpart S.