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Subpart 248-1 Definitions

(Statutory authority: Environmental Conservation Law §§1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105)

[Filed 6/30/09, Effective 30 days after filing. Adoption filed 1/10/13. 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 at (518) 402-8292 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§248-1.1 Definitions

(a) For purposes of this Part, the general definitions of Part 200 of this Title apply.

(b) For the purposes of this Part, the following definitions also apply:

(1) Affected engine means each engine identified by a consent decree engine manufacturer in its low NOx rebuild plan. A low NOx rebuild engine, as that terminology is used in the consent decrees, is an affected engine.

(2) Alternative fuel means natural gas, propane, ethanol, methanol, gasoline (when used in hybrid electric vehicles only), hydrogen, electricity, fuel cells, or advanced technologies that do not rely solely on diesel fuel or a diesel/non-diesel fuel mixture.

(3) Approved bi-fuel vehicle means any heavy duty vehicle that has been retrofitted with an EPA or CARB approved after-market conversion kit that will allow the engine to operate on a combination of ultra low sulfur diesel fuel and compressed natural gas.

(4) Authorized emergency vehicle means those vehicles as defined in section 101 of the Vehicle and Traffic Law.

(5) BART regulated entity means State agency or public authority, either State or regional, with more than half of its governing body appointed by the governor.

(6) Best available retrofit technology or BART means technology, verified by the EPA or CARB for reducing the emissions of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.

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

(8) Classification level for diesel emission control strategies means those PM reduction classification levels and corresponding PM percent reductions as noted below in Table 1 of this paragraph.

Table 1. Verification Classifications for Diesel Emission Control Strategies
Pollutant Reduction Classification
PM < 25 percent Not verified
> or =25 percent Level 1
> or =50 percent Level 2
> or =85 percent Level 3
or < or =0.01g/bhp-hr
NOx < 15 percent Not verified
> or =15 percent Verified in 5 percent increments

(9) Consent decree engine manufacturer means a manufacturer of motor vehicle diesel engines pertaining to consent orders, referenced in the Federal Register/vol. 63, no. 212, November 3, 1998, pp.59330 through 59334 (see Table 1, section 200.9 of this Title).

(10) Contractor means prime contractor.

(11) Covered vehicle means a heavy duty vehicle owned, operated by or on behalf of, or leased by a regulated entity subject to the requirements of this section.

(12) Diesel engine means a compression ignition type of internal combustion engine which operates on or is capable of operating on diesel fuel, non-diesel fuel, or diesel/non-diesel mixture.

(13) Gross vehicle weight rating or GVWR means the value specified by the vehicle manufacturer as the maximum loaded weight of a single or combination vehicle.

(14) Heavy duty vehicle or HDV means any on and off-road vehicle powered by a diesel engine and having a gross vehicle weight of greater than 8,500 pounds, except: vehicles used exclusively as snowplows under contract with a regulated entity; authorized emergency vehicles; trucks owned by a person engaged in production by means of:

(a) the planting, cultivation and harvesting of agricultural, vegetable and food products of the soil, including horticultural specialties such as nursery stock, ornamental shrubs, ornamental trees and flowers;

(b) the raising, feeding and care of livestock, bees and poultry; or

(c) dairy farming where such agricultural truck is only used for the transportation of such person's own agricultural or dairy commodities or supplies or for personal passenger use, or in conjunction with lumbering operations connected with but only incidental to the operation of a farm; road rollers, tractor cranes, truck cranes, power shovels, road building machines, snow plows, road sweepers, sand spreaders, well drillers, well servicing rigs, feed processing machines, mobile car crushers (whether self-propelled or a combination used exclusively as one unit), earth movers, which shall mean motor-driven vehicles in excess of eight feet in width equipped with pneumatic tires designed and constructed for moving or transporting earth and rock in connection with excavation and grading work, and truck with small wheels used in a factory, warehouse or railroad station, spreaders and sprayers (generally meaning an agricultural vehicle used to spread or spray agricultural chemicals, agricultural line and/or agricultural fertilizers), fire vehicles and tractor-trailer combinations designed and used as a unit exclusively for the same purposes as the above named vehicles; motor vehicles, other than motor vehicles manufactured and equipped primarily for the transportation of passengers, trailers and semitrailers, to be operated by any person, upon a public highway for the purpose of traveling by the most direct route, but in no event further than 25 miles one-way from a point on the farms and designated by the vehicle owner and set forth in an attachment to the vehicle registration;

(a) between fields, buildings, and facilities managed or operated as part of a single farm enterprise in connection with the production, harvesting, processing or marketing on that farm of crops, livestock, or livestock products produced on that farm; or

(b) for the purpose of transporting materials from a farm to the nearest available municipal sanitary landfill, or for the purpose of transporting the motor vehicles, trailer or semitrailer to a motor vehicles repair shop licensed pursuant to chapter 71 of the Consolidated Laws for the repair or adjustment of equipment provided that, in addition to the route restrictions set for in this subdivision, no such transport shall be authorized if such vehicle has an out-of-service defect relating to load securement, brake systems, steering components and/or coupling devices, or after it has been placed out-of-service or on any limited access highway, and during the period of one hour before sunset to one hour after sunrise except for vehicles owned by farmers with an average gross sales value of less than $1,000 per year of crops, livestock and livestock provisions; and farm type tractors and all terrain type vehicles used exclusively for agriculture or mowing purposes, or for snow plowing, other than for hire, farm equipment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site, and timber harvesting equipment such as harvesters, wood chippers, forwarders, log skidders, and other processing equipment used exclusively off highway for timber harvesting and logging purposes.

This term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff's office of the department of finance, police department or fire department.

(15) Low NOx rebuild kit means a consent decree engine manufacturer's software and/or hardware upgrade kit required under a consent decree, to be installed on the engine control module of an affected engine. Such kits are identified by each consent decree engine manufacturer in its respective low NOx rebuild plan

(16) Low NOx rebuild label means the label stipulated in the consent decrees, which meets all of the following specifications:

(i) it contains an identifiable characteristic allowing the State agency to determine whether an affected engine has had the appropriate low NOx rebuild kit installed;

(ii) it contains a statement with appropriate blank spaces for the individual performing the installation to indicate when and by whom the low NOx rebuild kit was installed on the engine;

(iii) it is readily visible upon opening the engine compartment;

(iv) it is fabricated of a material suitable for the location in which it is installed and remains legible throughout the engine life; and

(v) it is not readily removable intact.

(17) Low NOx rebuild plan means the plan developed by each consent decree engine manufacturer and approved by the United States under the consent decrees to implement a rebuild program for the affected engines.

(18) Model year means the engine manufacturer's annual production period, as defined in 40 CFR part 85, subpart X. (see Table 1, section 200.9 of this Title).

(19) Off road vehicle means motor vehicle, other than an on road vehicle, powered by a diesel engine and having a gross vehicle weight of greater than 8,500 pounds or having an engine of 50 horsepower and greater.

(20) On behalf of means all heavy duty vehicles used to perform regulated entity work by a prime contractor. Those vehicles include, but are not limited to, heavy duty vehicles owned, operated or leased by a prime contractor.

(21) On road vehicle means a motor vehicle powered by a diesel engine that has a GVWR exceeding 8,500 pounds and is designed primarily for transporting persons or properties on a street or a highway.

(22) PM means particulate matter.

(23) Prime contractor means any person or entity that contracts directly with the regulated entity to perform regulated entity work (prime contract) and who is responsible for the completion of the contract with the regulated entity. This definition shall not include subcontractors.

(24) Reasonable cost means that such technology does not cost greater than 30 percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies when considering the cost of the strategies themselves and the cost of installation.

(25) Regulated entity means BART regulated entity and ULSD regulated entity.

(26) Regulated entity work means labor, services, material and/or equipment that is provided by the regulated entity through its employees or prime contractors except it does not include labor, services, materials and/or equipment provided by:

(i) a shipping company (including overnight delivery companies); or

(ii) a manufacturer or delivery company that does not deliver materials or equipment to the regulated entity on a regular and frequent basis.

(27) State and regional public authority means:

(i) a public authority created pursuant to the Public Authorities Law or any other law of the State of New York, with at least one member of the governing board who is either appointed by the Governor or who serves as a member by virtue of their service as an officer of a State department, division, agency, board, bureau, or combination thereof; or

(ii) a public authority created pursuant to the Public Authorities Law or any other law of the State of New York, with jurisdiction within at least two entire contiguous counties, and a majority of board appointments made by the Governor; or

(iii) a subsidiary or affiliate of such public authority.

(28) Subcontractor means any person or entity that performs for and takes from the prime contractor a specific part of the labor or material requirements of the prime contract; which definition shall include, without limitation, any contractor(s) hired or retained by said subcontractor while performing under the prime contract.

(29) Ultra low sulfur diesel fuel or ULSD means diesel fuel having sulfur content of 0.0015 percent (15 ppm) of sulfur or less.

(30) ULSD regulated entity means State agency or public authority, either State or regional.