Section 2701 - Definitions(a) The definitions in section 1900(b), Chapter 1, Title 13 of the California Code of Regulations are incorporated by reference herein. The following definitions shall govern the provisions of this chapter: (1) "15 ppmw or less sulfur fuel" means diesel fuel with a sulfur content equal to or less than 15 parts per million by weight (ppmw).(2) "Advertise" means to provide any notice, announcement, information, publication, catalog, listing for sale or lease, or other statement concerning a product or service to the public for the purpose of furthering the sale or lease of the product or service.(3) "Alternative Diesel Fuel" means any fuel used in diesel engines that is not commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard Specification for Diesel Fuel Oils D975-81, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g. recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless: (A) The additive is supplied to the vehicle or engine fuel by an on-board dosing mechanism, or(B) The additive is directly mixed into the base fuel inside the fuel tank of the vehicle or engine, or(C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle.(4) "Approach Light System with Sequenced Flasher Lights in Category 1 and Category 2 Configurations" (ALSF-1 and ALSF-2) mean high intensity approach lighting systems with sequenced flashers used at airports to illuminate specified runways during category II or III weather conditions, where category II means a decision height of 100 feet and runway visual range of 1,200 feet, and category III means no decision height or decision height below 100 feet and runway visual range of 700 feet.(5) "Applicant" means the entity that has applied for or has been granted verification under this Procedure.(6) "Auxiliary Emission Control Device" (AECD) means any device or element of design that senses temperature, vehicle speed, engine revolutions per minute (RPM), transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of the emission control system.(7) "Average" means the arithmetic mean.(8) "Backpressure Monitor" means a device that includes a sensor for measuring the engine backpressure upstream of a hardware-based diesel emission control system or component thereof installed in the exhaust system and an indicator to notify the operator when the backpressure exceeds specified high and in some cases low backpressure limits, as defined by the engine manufacturer or the applicant for verification of a diesel emission control strategy.(9) "Baseline" means the test of a vehicle or engine in its original equipment manufacturer configuration without the diesel emission control strategy implemented.(10) "Cold Start" means the start of an engine only after the engine oil and water temperatures are stabilized between 68 and 86 degrees Fahrenheit for a minimum of 15 minutes.(11) "Common ownership fleet" means all off-road and on-road vehicles and stationary engines being owned or managed day to day by the same person, corporation, partnership, or association. Vehicles managed by the same directors, officers, or managers, or by corporations controlled by the same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities. For purposes of this regulation, on-road, off-road vehicles and stationary engines are to be considered separate fleets.(12) "Component Swapping" means the movement of designated parts between different vehicles/applications utilizing the same DECS.(13) "Days" when computing any period of time, means normal working days on which ARB is open for business unless otherwise noted.(14) "Diesel Emission Control Strategy" or "Diesel Emission Control system" means any device, system, or strategy employed with an in-use diesel vehicle or piece of equipment that is intended to reduce emissions. Examples of diesel emission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations of the above.(15) "Diesel Emission Control Strategy Family Name." As defined in section 2706(j)(2).(16) "Diesel Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The primary means of controlling power output in a diesel cycle engine is by limiting the amount of fuel that is injected into the combustion chambers of the engine. A diesel cycle engine may be petroleum-fueled (i.e., diesel-fueled) or alternate-fueled.(17) "Diesel-Fueled Auxiliary Power System" or "APU" means any device that is permanently dedicated to the vehicle on which it is installed and provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab, and/or sleeper berth, bus passenger compartment or any other commercial vehicle's cab, as an alternative to idling the primary diesel engine.(18) "Distributor" means any person or entity to whom a diesel emission control strategy is sold, leased or supplied for the purposes of resale or distribution in commerce.(19) "Donor Vehicle/Engine" means any vehicle/engine whose installed diesel emission control strategy device has been removed for the purpose of re-designation or component swapping.(20) "Durability" means the ability of the applicant's diesel emission control strategy to maintain a level of emissions below the baseline and maintain its physical integrity over some period of time or distance determined by the Executive Officer pursuant to these regulations. The minimum durability testing periods contained herein are not necessarily meant to represent the entire useful life of the diesel emission control strategy in actual service.(21) "Emergency Standby Engine" means a diesel engine operated solely for emergency use, except as otherwise provided in airborne toxic control measures adopted by the ARB.(22) "Emergency Use" means using a diesel engine to provide electrical power or mechanical work during any of the following events and subject to the following conditions: (A) The failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility,(B) The failure of a facility's internal power distribution system,(C) The pumping of flood water or sewage to prevent or mitigate a flood or sewage overflow,(D) The pumping of water for fire suppression or protection,(E) The powering of ALSF-1 and ALSF-2 airport runway lights under category II or III weather conditions,(F) Other conditions as specified in airborne toxic control measures adopted by the ARB.(23) "Emission control group" means a set of diesel engines and applications determined by parameters that affect the performance of a particular diesel emission control strategy. The exact parameters depend on the nature of the diesel emission control strategy and may include, but are not limited to, certification levels of engine emissions, combustion cycle, displacement, aspiration, horsepower rating, duty cycle, exhaust temperature profile, and fuel composition. Verification of a diesel emission control strategy and the extension of existing verifications are done on the basis of emission control groups.(24) "End user" means any individual or entity that owns or operates a vehicle or piece of equipment that has a verified diesel emission control strategy installed.(25) "Executive Officer" means the Executive Officer of the Air Resources Board or the Executive Officer's designee.(26) "Executive Order" means the document signed by the Executive Officer that specifies the verification level of a diesel emission control strategy for an emission control group and includes any enforceable conditions and requirements necessary to support the designated verification.(27) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the entire vehicle or one of its component parts, or any combination thereof; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of a vehicle or component part, or any combination thereof. Fuel additives used in conjunction with diesel fuel may be treated as an alternative diesel fuel. See section 2701(a)(3).(28) "Hot Start" means the start of an engine within four hours after the engine is last turned off. The first hot start test run should be initiated 20 minutes after the cold start for Federal Test Procedure testing following Section 86.1327-90 of the Code of Federal Regulations, Title 40, Part 86.(29) "Installer" or "Authorized Installer" means any individual or entity that equips any vehicle, engine or equipment with a diesel emission control strategy and has the authorization of the party that holds the verification for the diesel emission control strategy pursuant to section 2706(u).(30) "Locomotive" means a self-propelled piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers or other equipment, but which itself is not designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment.(31) "Marine Engine" means a compression ignition engine designed and used to provide propulsion or auxiliary power on water craft such as recreational boats, ocean going vessels, or commercial harbor craft.(32) "Market-ready" means ready for introduction into commerce. A market-ready diesel emission control strategy is not a prototype and requires no design modifications, part changes, revisions to control logic, or other changes prior to being sold to end-users for commercial use. All components that are necessary for a market-ready diesel emission control strategy to function properly are also commercially available.(33) "Portable Engine" means an engine designed and capable of being carried or moved from one location to another, except as defined in section 2701(a)(42). Engines used to propel mobile equipment or a motor vehicle of any kind are not portable. Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. A portable engine cannot remain at the same facility location for more than 12 consecutive rolling months or 365 rolling days, whichever occurs first, not including time spent in a storage facility. If it does remain at the facility for more than 12 months, it is considered to be a stationary engine. The definitions in Title 13 California Code of Regulations section 2452(g) and section 2452(x) are incorporated by reference herein.(34) "Quarterly Reports" refer to the following calendar periods: January 1-March 31; April 1-June 30; July 1-September 30; October 1-December 31.(35) "Recall" means an inspection, repair, adjustment, replacement, or modification program of a diesel emission control strategy family required by the Executive Officer and initiated and conducted by the manufacturer, applicant, or its agent or representative for which direct notification of the end-user is necessary to remedy: the potential for catastrophic failure or other safety related failure, failure to meet the conditions for passing in-use compliance testing as defined in section 2709(m) of this Procedure, valid warranty claims in excess of four percent as defined in section 2707(c) of this Procedure, or the failure of an operational feature (e.g. strategy used to signal high backpressure) of a substantial number of units. Recalls must address all diesel emission control strategies within a specific diesel emission control strategy family and may include all diesel emission control strategies sold as California verified.(36) "Re-designation" means the removal, within the same common ownership fleet, of a complete used verified diesel emission control strategy from an appropriate engine in a vehicle/application and installation to another appropriate engine in a vehicle/application that meets the terms and conditions of the diesel emission control strategy Executive Order.(37) "Regeneration" in the context of diesel particulate filters, means the periodic or continuous combustion of collected particulate matter that is trapped in a particulate filter through an active or passive mechanism. Active regeneration requires a source of heat other than the exhaust itself to regenerate the particulate filter. Examples of active regeneration strategies include, but are not limited to, the use of fuel burners and electrical heaters. Passive regeneration does not require a source of heat for regeneration other than the exhaust stream itself. Examples of passive regeneration strategies include, but are not limited to, the use of fuel additives and the catalyst-coated particulate filter. In the context of NOx reduction strategies, "regeneration" means the desorption and reduction of NOx from NOx adsorbers (or NOx traps) during rich operation conditions.(38) "Repower" means to replace the engine in a vehicle or piece of equipment with another engine that meets a subsequent engine emissions standard (e.g., replacing a Tier 1 engine with a Tier 3 or later engine).(39) "Revoke" means to cancel the verification status of a diesel emission control strategy. If a diesel emission control strategy's verification status is revoked by the Executive Officer, the applicant must immediately cease and desist selling the diesel emission control strategy to end-users.(40) "Rubber-tired Gantry Crane" or "RTG Crane" means an off-road overhead cargo container crane with the lifting mechanism mounted on a cross-beam supported on vertical legs which run on rubber tires.(41) "Seller" means any person or entity that sells, leases or supplies a diesel emission control strategy.(42) "Stationary Engine" means an engine that is designed to stay in one location, or remains in one location. An engine is stationary if any of the following are true: (A) The engine or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. Any engine that replaces engine(s) at a location, and is intended to perform the same or similar function as the engine(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or(B) The engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or(C) The engine is moved from one location to another in an attempt to circumvent the residence time requirements [Note: The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination.] The definitions in Title 13 California Code of Regulations section 2452(g) and section 2452(x) are incorporated by reference herein.(43) "Transport Refrigeration Unit (TRU)" means a refrigeration system powered by an integral internal combustion engine designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating.(44) "Unidirectional Device Design and Installation" means that an emission control device must be appropriately designed, manufactured and labeled to prevent reverse flow installation.(45) "Used Verified Device" means any verified diesel emission control strategy which has been sold or leased to an end user and installed on an engine/application.(46) "Valid Warranty Claim" means a request from an end user, installer, or distributor to the applicant for an inspection, repair, adjustment, replacement, or modification of a specific part or component of the diesel emission control strategy, vehicle, or engine for which the applicant is invoiced for compensation pursuant to the warranty provisions and compensation is actually provided, excluding warranty repairs made solely for customer satisfaction purposes (i.e., good faith repairs). The number of valid warranty claims will be used to determine the 4 percent failure rate pursuant to sections 2707 and 2709.(47) "Verification" means a determination by the Executive Officer that a diesel emission control strategy meets the requirements of this Procedure. This determination is based on both data submitted or otherwise known to the Executive Officer and engineering judgement.(48) "Warranty Claim" means a request from an end user, installer, or distributor to the applicant for an inspection, repair, adjustment, replacement, or modification of a specific part or component of the diesel emission control strategy, vehicle, or engine.(49) "Warrantable Condition" means any condition of the diesel emission control strategy, vehicle, or engine which triggers the responsibility of the applicant to take corrective action pursuant to section 2707.Cal. Code Regs. Tit. 13, § 2701
1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Amendment of subsection (a)(2) filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
3. New subsections (a)(3), (a)(14)-(a)(15)(F), (a)(21) and (a)(24)-(a)(24)(C), repealer of subsections (a)(13), (a)(19) and (a)(22) and subsection renumbering filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
4. New subsections (a)(2), (a)(11)-(12), (a)(16)-(17), (a)(22), (a)(27), (a)(29), (a)(32), (a)(34)-(35) and (a)(37), subsection renumbering and amendment of newly designated subsections (a)(10), (a)(14), (a)(25) and (a)(28) filed 1-20-2009; operative 2-19-2009 (Register 2009, No. 4).
5. New subsections (a)(16), (a)(29)-(30), (a)(34) and (a)(38), subsection renumbering, amendment of newly designated subsections (a)(18), (a)(20), (a)(32)-(33) and (a)(40) and amendment of NOTE filed 1-18-2011; operative 2-17-2011 (Register 2011, No. 3).
6. Amendment filed 8-15-2013; operative 10-1-2013 (Register 2013, No. 33). Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650- 39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650- 39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.
1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Amendment of subsection (a)(2) filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
3. New subsections (a)(3), (a)(14)-(a)(15)(F), (a)(21) and (a)(24)-(a)(24)(C), repealer of subsections (a)(13), (a)(19) and (a)(22) and subsection renumbering filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
4. New subsections (a)(2), (a)(11)-(12), (a)(16)-(17), (a)(22), (a)(27), (a)(29), (a)(32), (a)(34)-(35) and (a)(37), subsection renumbering and amendment of newly designated subsections (a)(10), (a)(14), (a)(25) and (a)(28) filed 1-20-2009; operative 2-19-2009 (Register 2009, No. 4).
5. New subsections (a)(16), (a)(29)-(30), (a)(34) and (a)(38), subsection renumbering, amendment of newly designated subsections (a)(18), (a)(20), (a)(32)-(33) and (a)(40) and amendment of Note filed 1-18-2011; operative 2-17-2011 (Register 2011, No. 3).
6. Amendment filed 8-15-2013; operative 10-1-2013 (Register 2013, No. 33).