Regulatory Text: 
Texas Chapter 114 - Control of Air Pollution from Motor Vehicles

SUBCHAPTER A:  DEFINITIONS

§114.1.  Definitions.
As adopted by TCEQ September 15, 2004 effective October 7, 2004 (4-55).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

     Unless specifically defined in Texas Health and Safety Code, Chapter 382, also known as the Texas Clean Air Act (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, 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 Texas 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 - 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 gross vehicle weight rating (GVWR) greater than 8,500 pounds, and is required to be registered under Texas Transportation Code, §502.002.  For purposes of the mobile emission reduction credit 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 pounds, but less than or equal to 10,000 pounds.

               (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 pounds, but less than or equal to 19,500 pounds.

               (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 pounds.

          (7)  Inherently low emission vehicle - A vehicle as defined by 40 Code of Federal Regulations, 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 gross vehicle weight rating (GVWR) less than or equal to 8,500 pounds, and registered or required to be registered under Texas Transportation Code, §502.002.  For purposes of the mobile emission reduction credit 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 pounds.

               (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 pounds.

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

          (10)  Loaded mode inspection and maintenance 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 United States Environmental Protection Agency 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 United States Environmental Protection Agency for any model year to meet:

               (A)  the LEV standards applicable under 42 United States Code, Part C, Subchapter II, §§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 Code of Federal Regulations §§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 Texas Transportation Code, Chapters 451- 453 (relating to Metropolitan Rapid Transit Authorities, Regional Transportation Authorities, and Municipal Transit Departments), that operates a mass transit system under any of those laws.

          (13)  Mobile emission reduction credit (MERC) - A credit representing the amount of emission reductions from a mobile source program.  These emission reductions are voluntary and must be in addition to compliance with requirements of state and federal regulations.  MERCs are any enforceable, permanent, and quantifiable emission reduction (exhaust and/or evaporative) generated by a mobile source, which has been banked in accordance with the rules of the commission.  MERCs can be banked, purchased, traded, and sold to meet clean air mandates for specified air programs, which can be applied to the emission reduction obligations of another air quality source or to air quality attainment goals.

          (14)  Reformulated gasoline - Gasoline that has been certified as a reformulated gasoline under the federal certification regulations adopted in accordance with 42 United States Code, §7545(k).

          (15)  Texas Inspection and Maintenance State Implementation Plan - The portion of the Texas state implementation plan that includes the procedures and requirements of the vehicle emissions inspection and maintenance program as adopted by the commission May 29, 1996, in accordance with 40 Code of Federal Regulations Part 51, Subpart S, issued November 5, 1992; the United States Environmental Protection Agency flexibility amendments dated September 18, 1995; and the National Highway Systems Designation Act of 1995.  A copy of the Texas Inspection and Maintenance State Implementation Plan is available at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Austin, Texas, 78753; mailing address:  P.O. Box 13087, MC 166, Austin, Texas 78711-3087.

          (16)  Tier I federal emission standards - The standards are defined in 42 United States Code, §7521, and in 40 Code of Federal Regulations, Part 86.  The phase-in of these standards began in model year 1994.

          (17)  Ultra low emission vehicle - A vehicle as defined by 40 Code of Federal Regulations, Part 88.

          (18)  Zero emission vehicle - A vehicle as defined by 40 Code of Federal Regulations, Part 88.

Adopted September 15, 2004, Effective October 7, 2004 (4-55).
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