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Subpart 218-1: Applicability and Definitions

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105; Federal Clean Air Act Section 177)

[Filed 11/22/05. Amendment filed 11/5/10. Effective 30 days after filing. Amendment filed 11/9/12. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Mobile Sources and Technology Development at (518) 402-8292 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§218-1.1 Applicability

(a) This Part applies to all 1993, 1994, 1996 and subsequent model-year motor vehicles that are passenger cars and light-duty trucks, motor vehicle engines, and air contaminant emission control systems; to all 2004 and subsequent model-year motor vehicles which are medium-duty vehicles, motor vehicle engines, and air contaminant emission control systems; to all 2005 and subsequent model-year motor vehicles which are heavy-duty otto-cycle engines or vehicles which use such engines; and to all 2005 through 2007 model-year motor vehicles which are heavy-duty diesel engines or vehicles which use such engines offered for sale or lease, or sold, or leased, for registration in this State. In the 1993 model-year, this regulation will only be effective against those engine families that are first produced more than two years from November 22, 1990.

(b) The provisions of this Part also apply to motor vehicles of the United States or its agencies.

§218-1.2 Definitions

The following definitions govern the provisions of this Part:

(a) Add-on part means any aftermarket part which is not a modified part or a replacement part.

(b) Aftermarket part means any part of an air contaminant emission control system sold for installation on a vehicle after the original retail sale of the vehicle.

(c) Air contaminant emission control system means equipment designed for installation on a motor vehicle or motor vehicle engine for the purpose of reducing the air contaminants emitted from the motor vehicle or motor vehicle engine, or a system or engine modification on a motor vehicle or motor vehicle engine which causes a reduction of air contaminants emitted from the motor vehicle or motor vehicle engine, including but not limited to exhaust control systems, fuel evaporation control systems and crankcase ventilating systems.

(d) ATPZEV means advanced technology partial ZEV as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).

(e) BEV means battery electric vehicle as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).

(f) California Standards means those standards for motor vehicles and motor vehicle engines that the State of California has adopted and is permitted to adopt under 42 USC 7543 (see Table 1, section 200.9 of this Title) and that other states are permitted to adopt under 42 USC 7507 (see Table 1, section 200.9 of this Title).

(g) CARB means the California State Air Resources Board as defined in California's Health and Safety Code, section 39003 (2004) (see Table 1, section 200.9 of this Title).

(h) Certification means a finding by the California Air Resources Board that a motor vehicle, motor vehicle engine, or air contaminant emission control system has satisfied the criteria adopted by CARB for the control of specified air contaminants from motor vehicles.

(i) Certified device means an air contaminant emission control system for which a certification has been issued by CARB or the department.

(j) Consolidated part means a consolidated part as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(k) Diesel-cycle means powered by an engine where the primary means of controlling power output is by limiting the amount of fuel that is injected into the combustion chambers of the engine.

(l) Electric drive system means an electric propulsion system as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).

(m) Emergency vehicle means a vehicle as defined in section 165 of the California Vehicle Code (see Table 1, section 200.9 of this Title).

(n) Emissions-related part means any automotive part which affects any regulated emissions from a motor vehicle or motor vehicle engine which is subject to California or Federal emissions standards, as set forth in California Code of Regulations, title 13, section 1900(b)(3) (see Table 1, section 200.9 of this Title).

(o) Emission standards means specified limitations on the discharge of air contaminants into the atmosphere.

(p) Engine family means the basic classification unit of a manufacturer's product line used for the purpose of test fleet selection.

(q) Enhanced ATPZEV means an enhanced advanced technology partial ZEV as defined in California Code of Regulations, title 13, section 1962.1 (see Table 1, Section 200.9 of this Title).

(r) Established place of business, as used in this Part, means a place actually occupied either continuously or at regular periods for business use.

(s) FCV means fuel cell vehicle.

(t) Fuel evaporative loss emissions means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle.

(u) Fuel system means the combination of fuel tank(s), fuel lines and carburetor, or fuel injector, and includes all vents and fuel evaporative emission control systems or devices.

(v) Heavy-duty engine means an engine which is used to propel a heavy-duty vehicle.

(w) Heavy-duty vehicle means heavy-duty vehicle as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title)

(x) HEV means hybrid electric vehicle.

(y) Intermediate volume manufacturer means intermediate volume manufacturer as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(z) Large volume manufacturer means large volume manufacturer as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title)

(aa) LEV means a low-emission vehicle.

(ab) Light-duty truck means light-duty truck as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(ac) Medium-duty vehicle means medium-duty vehicle as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(ad) Military tactical vehicles and equipment means military tactical vehicles and equipment as defined by California Code of Regulations, title 13, section 1905 (see Table 1, section 200.9 of this Title).

(ae) Model-year means the manufacturer's annual production period for each engine family which includes January 1st of such calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any motor vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.

(af) Modified part means modified part intended as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(ag) Motor vehicle is a vehicle which is self-propelled.

(ah) New motor vehicle means a motor vehicle, the equitable or legal title to which has never been transferred to the ultimate purchaser.

(ai) New motor vehicle engine means a new engine in a motor vehicle.

(aj) NEV means neighborhood electric vehicle as defined California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).

(ak) Offset vehicle means a vehicle that has been certified by the State of California as set forth in the California Code of Regulations, title 13, section 1960.5 (see Table 1, section 200.9 of this Title).

(al) Passenger car means any motor vehicle designed with a capability for transportation of persons and having a design capacity of 12 persons or less.

(am) Quarterly reporting means reporting based upon the following calendar periods: January 1-March 31, April 1-June 30, July 1-September 30, October 1-December 31.

(an) Replacement part means any aftermarket part which is intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.

(ao) Sale means the transfer of title to a motor vehicle or motor vehicle engine to the ultimate or subsequent purchaser.

(ap) Small volume manufacturer means small volume manufacturer as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).

(aq) Recall means recall as defined in California Code of Regulations, title 13, section 1900 (see Table 1, Section 200.9 of this Title).

(ar) Subgroup means a set of motor vehicles within an engine family distinguishable by characteristics contained in the manufacturer's application for certification of the California standards.

(as) SULEV means a super-ultra-low-emission vehicle.

(at) Test group means a grouping of vehicles as defined by 40 CFR section 86.1827-01 (see Table 1, section 200.9 of this Title).

(au) TLEV means a transitional-low-emission vehicle.

(av) ULEV means an ultra-low-emission vehicle.

(aw) Ultimate purchaser means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.

(ax) Used motor vehicle means any motor vehicle which is not a new motor vehicle.

(ay) TZEV means a transitional-zero-emission vehicle.

(az) Useful life means a period of use to be determined by the department consistent with the requirements of the California Code of Regulations, title 13, section 2112 (see Table 1, section 200.9 of this Title).

(ba) Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(bb) ZEV means a zero-emission-vehicle.

(bc) PZEV means partial ZEV as defined in California Code of Regulations, title 13, section 1962 (see Table 1, section 200.9 of this Title).

(bd) Independent low volume manufacturer means independent low volume manufacturer as defined in California Code of Regulations, title 13, section 1900(b)(21) (see Table 1, section 200.9 of this Title).

(be) Warrantable condition means a warrantable condition as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).

(bf) Warrantable part means a warrantable part as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).

(bg) Warranty period means warranty period as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).

(bh) Warranty station means a warranty station as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title)

(bi) Medium-duty passenger vehicle means medium-duty passenger vehicle as defined in California Code of Regulations, title 13, section 1900 (see Table 1, section 200.9 of this Title).