Section 326 IAC 19-3-2 - DefinitionsAuthority: IC 13-14-8-7; IC 13-17-3-4; IC 13-17-3-14; IC 13-17-5-1
Affected: IC 13-12-3-1
Sec. 2.
The following definitions apply throughout this rule unless expressly stated:
(1) "Adjusted loaded vehicle weight" or "ALVW" means the numerical average of the vehicle curb weight and the GVWR.(2) "Can be centrally fueled" means vehicles that are centrally fueled or capable of being centrally fueled.(3) "Capable of being centrally fueled" means a fleet, or that part of a fleet, consisting of vehicles that could be refueled one hundred percent (100%) of the time at a location that is owned, operated, or controlled by the covered fleet operator or is under contract with the covered fleet operator. The fact that a portion of the vehicles is not capable of being centrally fueled does not exempt an entire fleet from the program. The fact that a vehicle is not centrally fueled does not mean that it could not be centrally fueled. Determination of whether a vehicle is capable of being centrally fueled shall be made in accordance with the guidance as stated in 40 CFR 88 *.(4) "Centrally fueled" means a fleet, or that portion of a fleet, consisting of vehicles that are fueled one hundred percent (100%) of the time at a location that is owned, operated, or controlled by the covered fleet operator or is under contract with the covered fleet operator. Any vehicle that is, under normal operations, garaged at a personal residence at night but that is, in fact, centrally fueled one hundred percent (100%) of the time shall be considered to be centrally fueled for purposes of this rule. The fact that a portion of the vehicles in a fleet is not centrally fueled does not exempt an entire fleet from the program. The fact that a vehicle is not centrally fueled does not mean it could not be centrally fueled in accordance with the definition of capable of being centrally fueled.(5) "Chicago severe nonattainment area" means the Chicago-Gary-Lake County Area, Severe-17 ozone nonattainment area as defined in 40 CFR 81.315 *.(6) "Clean alternative fuel" means: (A) any fuel, including: (iii) other alcohols; including any mixture thereof containing eighty-five percent (85%) or more by volume of such alcohol with gasoline or other fuels;
(B) reformulated gasoline;(E) liquified petroleum gas; and(F) hydrogen or other power source, including electricity; used in a clean fuel vehicle that complies with the standards and requirements applicable to such vehicle under this rule when using such fuel or power source. In the case of any flexible fuel vehicle or dual fuel vehicle, that means only a fuel with respect to which such vehicle was certified as a clean fuel vehicle.
(7) "Clean fuel vehicle" means a vehicle certified as an LEV, a ULEV, or a ZEV when it is operating on the clean fuel for which the vehicle was certified as a clean fuel vehicle, meeting the emission standards applicable to such a vehicle under 40 CFR 88, Subpart A, 88.104-94 and 88.105-94*.(8) "Combination heavy-duty vehicle" means a motor vehicle with a GVWR greater than eight thousand five hundred (8,500) pounds that is comprised of a truck-tractor and one (1) or more pieces of trailered equipment.(9) "Control" means the following: (A) When used to join all entities under common management, means:(i) a third person or firm has equity ownership of at least fifty-one percent (51%) in each of two (2) or more firms;(ii) two (2) or more firms have common corporate officers, in whole or in substantial part, who are responsible for the day-to-day operation of the companies; or(iii) one (1) firm leases, operates, supervises, or owns at least fifty-one percent (51%) of the equipment or facilities used by another person or firm, or has equity ownership of at least fifty-one percent (51%) of another firm.(B) When used to refer to the management of vehicles, a person has the authority to decide who can operate a particular vehicle and the purposes for which the vehicle can be operated.(C) When used to refer to the management of people, a person has the authority to direct the activities of another person or employee in a precise situation such as at the work place. (10) "Converted clean fuel vehicle" means a vehicle that has been adapted to operate on clean fuel using a conversion configuration that has been certified by U.S. EPA as meeting clean fuel emission standards and converted in accordance with the requirements for clean fuel conversions under 40 CFR 88, Subpart C, 88.306-94*.(11) "Covered fleet" means ten (10) or more motor vehicles that are owned or operated by a single person. In determining the number of vehicles owned or operated by a single person for purposes of this subdivision, all motor vehicles owned or operated, leased, or otherwise controlled by such person, by any person who controls such person, or by any person under common control with such person shall be treated as owned by such person. The term shall not include any vehicle that is exempt from this rule in accordance with section 1(b) of this rule.(12) "Covered fleet operator" means a person who operates a fleet of at least ten (10) covered fleet vehicles that is operated in Lake or Porter County. This includes covered fleet vehicles garaged outside of Lake or Porter County.(13) "Covered fleet vehicle" means a motor vehicle that is:(A) in a vehicle class for which standards are applicable under this rule; and(B) in a covered fleet that can be centrally fueled.(14) "Dealer demonstration vehicle" means any vehicle that is: (A) operated by a motor vehicle dealer solely for the purpose of promoting motor vehicle sales, either on the sales lot or through other marketing or sales promotions; or(B) used for allowing potential purchasers to drive the vehicle for prepurchase or prelease evaluation.(15) "Department" means the Indiana department of environmental management.(16) "Dispenser" means a device through which a motor fuel is transferred from storage at a refueling source to a motor vehicle.(17) "Dual fuel vehicle" means a vehicle capable of operating on either of two (2) fuels. A dual fuel vehicle qualifies as a clean fuel vehicle when certified in accordance with 40 CFR 88, Subpart A, 88.104-94*, as meeting the standards applicable to dual fuel vehicles on either fuel and is eligible to meet purchase requirements and earn credits when operating on the fuel on which it was certified as a dual fuel clean fuel vehicle while operating in Lake or Porter County.(18) "Emergency vehicle" means any vehicle that is legally authorized by a governmental authority to exceed the speed limit to transport people or equipment to and from situations in which speed is required to save lives or property, for example, a rescue vehicle, a fire truck, or an ambulance.(19) "Flexible fuel vehicle" means a vehicle capable of operating on either or any combination of two (2) fuels. A flexible fuel vehicle qualifies as a clean fuel vehicle when certified in accordance with 40 CFR 88, Subpart A, 88.104-94*, as meeting the standards applicable to flexible fuel vehicles on either fuel and is eligible to meet purchase requirements and earn credits when operating on the fuel on which it was certified as a flexible fuel clean fuel vehicle while operating in Lake or Porter County.(20) "Fuel provider" means either of the following:(A) A person who supplies clean alternative fuel in Lake or Porter County.(B) A person who refines, imports, distributes, sells, or trades gasoline to Indiana for use in motor vehicles in Lake or Porter County.(21) "g/mi" means grams per mile.(22) "Gasoline" means any fuel that is sold for use in motor vehicles or motor vehicle engines and is commonly or commercially known or sold as gasoline.(23) "GVWR" means gross vehicle weight rating which is the total vehicle weight, including load, as designated by the vehicle manufacturer.(24) "HDV" means a heavy-duty vehicle weighing more than eight thousand five hundred (8,500) pounds and less than twenty-six thousand (26,000) pounds GVWR.(25) "ILEV" means an inherently low emissions vehicle that is a light-duty vehicle or light-duty truck conforming to the applicable ILEV standard as defined in 40 CFR 88, Subpart C, 88.311-93*. No dual fuel vehicles may be considered ILEVs unless they are certified to the applicable standards on all fuel types for which they are designed to operate.(26) "Law enforcement vehicle" means any vehicle that is primarily operated by: (A) a civilian or military police officer or sheriff;(B) personnel of the Federal Bureau of Investigation, the Drug Enforcement Administration, or other agencies of the federal government; or(C) state highway patrols, municipal law enforcement, or other similar law enforcement agencies; and which is used for the purpose of law enforcement activities, including, but not limited to, chase, apprehension, surveillance, or patrol of people engaged in or potentially engaged in unlawful activities. For federal law enforcement vehicles, the definition contained in 40 CFR 88 * applies.
(27) "LDT" means light-duty truck, a vehicle weighing less than eight thousand five hundred (8,500) pounds GVWR.(28) "LDV" means light-duty vehicle, a vehicle weighing less than eight thousand five hundred (8,500) pounds GVWR.(29) "LEV" means a low emission vehicle that meets the applicable LEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*.(30) "Loaded vehicle weight" or "LVW" means the vehicle curb weight plus three hundred (300) pounds.(31) "Location" means any building, structure, facility, or installation that: (A) is owned or operated by a person or is under the control of a person; or(B) is located on one (1) or more contiguous properties and contains or could contain a fueling pump or pumps for the use of the vehicles owned or controlled by that person.(32) "Model year" or "MY", as it applies to the clean fuel vehicle fleet purchase requirements, means September 1 through August 31. For example, the 1998 model year begins September 1, 1997, and ends August 31, 1998.(33) "Motor vehicle dealer" means any person who is engaged in the sale or distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser.(34) "Motor vehicle manufacturer" means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles, or new nonroad engines, or importing such vehicles or engines for resale, or who acts for and is under control of any such person in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles, or new nonroad engines, but does not include a motor vehicle dealer as defined in subdivision (33).(35) "Motor vehicles held for lease or rental to the general public" means a vehicle that is owned or controlled primarily for the purpose of short term rental or extended term leasing (with or without maintenance), without a driver, under a contract.(36) "NMOG" means nonmethane organic gases.(37) "New covered fleet vehicle" means a vehicle that has not been previously controlled by the current purchaser, regardless of the model year, except any of the following:(A) Vehicles that were manufactured before the 1999 model year for such vehicle's weight class.(B) Vehicles transferred due to the purchase of a company not previously controlled by the purchaser or due to a consolidation of business operations.(C) Vehicles transferred as part of an employee transfer.(D) Vehicles transferred for seasonal requirements, that is, for less than one hundred twenty (120) days. This definition of new covered fleet vehicle is distinct from the definition of new vehicle as it applies to manufacturer certification, including the certification of vehicles to clean fuel standards.
(38) "New motor vehicle" means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser.(39) "Noncovered fleet" means a fleet that operates ten (10) or more motor vehicles in Lake or Porter County that are not centrally fueled or capable of central fueling or are exempt under section 1(b) of this rule.(40) "Owned or operated, leased, or otherwise controlled by" means either of the following: (A) Such person holds the beneficial title to such vehicle.(B) Such person uses the vehicle for transportation purposes under a contract or similar arrangement, the term of the contract or similar arrangement is for a period of one hundred twenty (120) days or more, and such person has control over the vehicle as defined in (9).(41) "Partially covered fleet" means a fleet in a covered area that contains both covered and noncovered fleet vehicles.(42) "Person" means an individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.(43) "ULEV" means an ultra low emissions vehicle that meets the applicable ULEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*.(44) "Under normal circumstances garaged at personal residence" means a vehicle that, when it is not in use, is normally parked at the personal residence of the individual who usually operates it, rather than at a central refueling, maintenance, or business location. Such a vehicle is not considered to be capable of being centrally fueled and is exempt from this rule unless it is, in fact, centrally fueled.(45) "Vehicle curb weight" means the actual weight or the manufacturer's estimated weight. (46) "Vehicle used for motor vehicle manufacturer product evaluations and tests" means a vehicle that is: (A) owned and operated by a: (i) motor vehicle manufacturer; or(ii) motor vehicle component manufacturer; or(B) owned or held by: (i) a university research department;(ii) an independent testing laboratory; or(iii) other such evaluation facility; solely for the purpose of evaluating the performance of such vehicle for engineering, research and development, or quality control reasons.(47) "ZEV" means a zero (0) emissions vehicle that meets the applicable ZEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*. *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 19-3-2; filed Dec 19, 1995, 3:00 p.m.: 19 IR 1043; errata filed Apr 9, 1996, 2:30 p.m.: 19 IR 2044; filed Jun 1, 1998, 3:36 p.m.: 21 IR 3771; filed May 21, 2002, 10:20 a.m.: 25 IR 3085