Regulatory Text: 
§114.1.  Definitions.
As adopted by TNRCC July 29, 1998, effective August 20, 1998

(Approved by EPA February 7, 2001 (66 FR 09203), effective April 9, 2001)

     Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control.  In addition to the terms which are defined by the TCAA, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

          (1)  Dual-fuel vehicle - Any motor vehicle or motor vehicle engine engineered and designed to be operated on two different fuels, but not a mixture of the two.

          (2)  Emergency vehicle - A vehicle defined as an authorized emergency vehicle according to Texas Transportation Code, §541.201(1).

          (3)  Emissions - The emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, particulate, or any combination of these substances.

          (4)  First safety inspection certificate - Initial Department of Public Safety (DPS) certificates issued through DPS certified inspection stations for every new vehicle found to be in compliance with the rules and regulations governing safety inspections.

          (5)  Gross vehicle weight rating (GVWR) - The value specified by the manufacturer as the maximum design loaded weight of a vehicle.  This is the weight as expressed on the vehicle's registration, and includes the weight the vehicle can carry or draw.

          (6)  Heavy-duty vehicle - Any passenger vehicle or truck capable of transporting people, equipment, or cargo, that has a GVWR greater than 8,500 lbs., and is required to be registered under the Texas Transportation Code, Section 502.002.  For purposes of the Mobile Emission Reduction Credit (MERC) trading program the heavy-duty class is divided into the following subclasses:

               (A)  Light heavy-duty vehicle - Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a GVWR greater than 8,500 lbs., but less than or equal to 10,000 lbs.

               (B)  Medium heavy-duty vehicle - Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a GVWR greater than 10,000 lbs. but less than or equal to 19,500 lbs.
               (C)  Heavy heavy-duty vehicle - Any passenger vehicle or truck capable of transporting people, equipment, or cargo that has a GVWR greater than 19,500 lbs.

          (7)  Inherently low emission vehicle - A vehicle as defined by Title 40, Code of Federal Regulations (40 CFR), Part 88.

          (8)  Law enforcement vehicle - Any vehicle controlled by a local government and primarily operated by a civilian or military police officer or sheriff, or by state highway patrols, 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.

          (9)  Light-duty vehicle - Any passenger vehicle or truck capable of transporting people, equipment, or cargo, that has a GVWR less than or equal to 8,500 lbs., and registered or required to be registered under Texas Transportation Code, §502.002.  For purposes of the MERC trading program the light-duty class is divided into the following subclasses:

               (A)  Light-duty vehicle - Any passenger vehicle capable of seating 12 or fewer passengers that has a GVWR less than or equal to 6,000 lbs.

               (B)  Light-duty truck 1 - Any passenger truck capable of transporting people, equipment, or cargo, that has a GVWR less than or equal to 6,000 lbs.

               (C)  Light-duty truck 2 - Any passenger truck capable of transporting people, equipment, or cargo, that has a GVWR greater than 6,000 lbs. but less than 8,500 lbs.

          (10)  Loaded mode inspection and maintenance (I/M) test - A measurement of the tailpipe exhaust emissions of a vehicle while the drive wheel rotates on a dynamometer, which simulates the full weight of the vehicle driving down a level roadway.  Loaded test equipment specifications shall meet EPA requirements for Acceleration Simulation Mode equipment.

          (11)  Low emission vehicle (LEV) - A vehicle in a class or category of vehicles that has been certified by the EPA for any model year to meet:

               (A)  the LEV standards applicable under the Federal Clean Air Act as amended Part C, Subchapter II, (U.S.C. 42 Section 7581 et seq.); or

               (B)  emission limits at least as stringent as the applicable LEV standards for the Federal Clean Fuel Fleet program under 40 CFR, Parts 88.104-94, 88.105-94, and 88.311-93 as published in the Federal Register on September 30, 1994 (59 FR 50042).

          (12)  Mass transit authority - A transportation or transit authority or department established under Chapter 141, 63rd Legislature, 1973 as defined in the Texas Transportation Code, Chapters 451- 453 (relating to Metropolitan Rapid Transit Authorities, Regional Transportation Authorities, and Municipal Transportation Authorities), that operates a mass transit system under any of those laws.

          (13)  Mobile emission reduction credit (MERC) - The credit obtained from a quantifiable, permanent, enforceable, and surplus (with respect to other federal and state regulations) emission reduction generated by a mobile source as set forth in Subchapter F of this chapter (relating to Vehicle Retirement and Mobile Emission Reduction Credits) and which has been banked in accordance with §101.29 of this title (relating to Emissions Credit Banking and Trading).

          (14)  Revised Texas I/M State Implementation Plan (SIP) - The portion of the Texas SIP which includes the procedures and requirements of the vehicle emissions inspection and maintenance program as adopted by the commission May 29, 1996, in accordance with the 40 CFR Part 51, Subpart S, issued November 5, 1992; the EPA flexibility amendments dated September 18, 1995; and the National Highway Systems Designation Act of 1995.  A copy of the revised Texas I/M SIP is available at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Austin, Texas, 78753; mailing address:  P.O. Box 13087, MC 166, Austin, Texas 78711-3087.

          (15)  Tier I federal emission standards - The standards are defined in the FCAA as amended in §202, USC Title 42 §7521, and in 40 CFR, Part 86.  The phase-in of these standards began in model year 1994.

          (16)  Ultra low emission vehicle - A vehicle as defined by 40 CFR, Part 88.

          (17)  Zero emission vehicle - A vehicle as defined by 40 CFR, Part 88.

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