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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-9. AIR QUALITY - MOTOR VEHICULAR POLLUTANTS, LEAD, ODORS, AND NUISANCE POLLUTANTS |
Section 20-999. DEFINITIONS AND ABBREVIATIONS
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999.1When used in this chapter, the following terms shall have the meanings ascribed:
Alternative fuel - methanol, ethanol, or other alcohols (including any mixture of gasoline or other fuels containing eighty-five percent (85%) or more by volume of alcohol), natural gas, liquefied petroleum gas, propane, or electricity. (D.C. Law 10-201)
Alternative-fuel vehicle - a dedicated, flexible-fueled, bi-fueled, or dual-fueled vehicle that operates on an alternative fuel. (D.C. Law 10-201)
Bi-fuel vehicle - a motor vehicle that is equipped to operate on either a clean-burning alternative fuel or a conventional fuel, including gasoline or diesel fuel. (D.C. Law 10-201)
Capable of being centrally fueled - a fleet, or that part of a fleet, consisting of vehicles that can 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. (D.C. Law 10-201)
Centrally fueled - a fleet, or that part 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 under normal operations is garaged at a personal residence at night but that is centrally fueled one hundred percent (100%) of the time shall be considered to be centrally fueled for the purpose of this definition. (D.C. Law 10-201)
Clean Air Act - the Clean Air Act, approved December 17, 1963 (77 Stat. 392; 42 U.S.C. §§ 7401 et seq.), as amended. (D.C. Law 10-201)
Clean fuel - any fuel, including methanol, ethanol, or other alcohols (including any mixture thereof containing eighty-five percent (85%) or more by volume of alcohol with gasoline or other fuel), reformulated gasoline, diesel, natural gas, liquefied petroleum gas, hydrogen, or power source (including electricity) used in a clean-fuel vehicle that complies with standards and requirements applicable to such vehicle when using such fuel or power source. (D.C. Law 10-201)
Clean-fuel fleet vehicle or CFFV - a clean-fuel vehicle operated by a covered fleet operator. (D.C. Law 10-201)
Clean-fuel vehicle - a motor vehicle which has been certified to meet, for any model year, a set of emission standards that classifies it as a clean-fuel vehicle in accordance with this act. (D.C. Law 10-201)
Cold Emergency Alert – issued pursuant to the District of Columbia Cold Emergency Plan when the temperature falls, or is forecasted to fall, to fifteen degrees Fahrenheit (15°F) or below for a twelve (12) hour period, or fifteen degrees Fahrenheit (15°F) including wind chill and one or more of the following conditions exists:
(a)Steady precipitation for sixty (60) consecutive minutes;
(b)Ice storms and/or freezing rain;
(c)Snow accumulation of three inches (3 in.) or more;
(d)Sustained winds of more than ten to fifteen miles per hour (10-15 mph);
(e)A wind chill below zero degrees Fahrenheit (0°F); or
(f)Other meteorological conditions or threats as determined by HSEMA.
Contract fueling - a fleet vehicle is required to be refueled at a service station or other facility with which the fleet operator has entered into a contract for such refueling purposes. Commercial fleet service cards which are provided to fleet operators by any leasing or vehicle management company do not constitute contract fueling. (D.C. Law 10-201)
Converted vehicle - a conventionally fueled vehicle that is converted to operate on a clean fuel in accordance with federal regulations and meets the emission standards set forth for that class of clean-fuel vehicle.(D.C. Law 10-201)
Covered area - any part of the District that is included in an ozone nonattainment area classified under subpart 2 of part D of title I of the Clean Air Act as serious, severe, or extreme based on data for the calendar years 1987, 1988, and 1989. (D.C. Law 10-201)
Covered fleet - any fleet of ten (10) or more covered fleet vehicles owned, operated, leased, used, maintained, or otherwise controlled by a person. The term "covered fleet" does not include motor vehicles exempt under this chapter. (D.C. Law 10-201)
Covered fleet operator - a person who operates a fleet of at least ten (10) covered fleet vehicles that is operated in the covered area. (D.C. Law 10-201)
Covered fleet vehicle - any motor vehicle which is in a vehicle class for which emission standards are applicable under this chapter and in a covered fleet which is centrally fueled or capable of being centrally fueled. The term "covered fleet vehicle" does not include motor vehicles exempt under this chapter. (D.C. Law 10-201)
Credit - a credit for the acquisition of a clean-fuel vehicle pursuant to § 246(f) of the Clean Air Act. (D.C. Law 10-201)
Dedicated vehicle - a vehicle that operates solely on a clean alternative fuel. (D.C. Law 10-201).
Diesel fuel – any petroleum- or biomass-based liquid fuel intended for use in the diesel engine of a highway or motor vehicle, nonroad vehicle, or piece of nonroad equipment.
Dual - fuel vehicle - a motor vehicle that operates on two fuel sources. (D.C. Law 10-201).
Emergency vehicle - any vehicle that is legally authorized by a governmental authority to exceed the speed limit to transport people and equipment to and from situations in which speed is required to save lives or property, including a rescue vehicle, fire truck, or ambulance. (D.C. Law 10-201)
Executive Order - a document issued by the California Air Resources Board certifying that a specified engine family or model year vehicle has met all applicable Title 13 CCR requirements for certification and sale in California.
Farming equipment – any appliance used directly and principally for the purpose of producing agricultural products, including horticultural products, for sale and use or consumption off the premises. This definition includes any equipment or machinery used primarily in preparation of land, planting, raising, cultivating, irrigating, harvesting, or placing in storage of farm crops. This definition also includes any equipment or machinery used primarily for the purpose of feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or bees, or for dairying and the sale of dairy products. This definition also includes any equipment or machinery used primarily in any other agricultural or horticultural use or animal husbandry or any combination thereof.
Federal fleet - any fleet owned or operated by the United States government. (D.C. Law 10-201)
Flexible-fueled vehicle - a vehicle that is capable of operating on either or any combination of two (2) fuels. (D.C. Law 10-201)
Fuel provider - any person that provides fuel to a covered fleet. (D.C. Law 10-201).
Garaged under normal operations at a personal residence - 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. The vehicles are not considered to be capable of being centrally fueled and are exempt from the program unless they are, in fact, centrally fueled one hundred percent (100%) of the time. (D.C. Law 10-201)
Generator set – an internal combustion engine coupled to a generator that is used as a source of electricity.
Heavy duty diesel engine or HDDE - a diesel engine that is used to propel a motor vehicle with a GVWR of fourteen thousand and one pounds (14,001 lbs.) or greater.
Heavy duty vehicle or HDV - for the purposes of the Clean Fuel Fleet Vehicle Program, a vehicle weighing above eight thousand five hundred one pounds (8,501 lbs.) GVWR but below twenty-six thousand pounds (26,000 lbs.) GVWR. For the purposes of section 915 this term means a motor vehicle having a manufacturer's GVWR greater than six thousand pounds (6,000 lbs.), except passenger cars. For the purposes of section 916 this term means a motor vehicle with a GVWR of fourteen thousand and one pounds (14,001 lbs.) or greater powered by a diesel engine.
High-Occupancy Vehicle or HOV lanes - transportation control measures which restrict a vehicle's access to certain roadway lanes based on the number of occupants in the vehicle.
Idling – running the engine of nonroad equipment or a motor vehicle while the nonroad equipment or motor vehicle is not moving and the engine is not in use in whole or in part to perform mechanical work or an electrical operation for which it was designed (such as to power a hydraulic lift, crane, cement mixer or pump, cherry picker, air compressor, generator, or similar piece of equipment).
Inherently low emission vehicle or ILEV - any light-duty motor vehicle, light-duty truck, or heavy-duty vehicle that is certified as a low-emission vehicle pursuant to emission standards promulgated by the Environmental Protection Agency.
Law enforcement vehicle - any vehicle that is primarily operated by a civilian or military police officer or sheriff, enforcement agency of the federal government, state highway patrols, municipal law enforcement, or other similar law enforcement agency, and that is used for the purpose of law enforcement activities, including chase, apprehension, surveillance, or patrol of people engaged in, or potentially engaged in, unlawful activities.
Light duty truck or LDT - for the purposes of the Clean Fuel Fleet Vehicle Program, a truck weighing eight thousand five hundred pounds (8,500 lbs.) GVWR or less. For the purposes of section 915 this term means a motor vehicle rated at six thousand pounds (6,000 lbs.) gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation or use.
Light duty vehicle or LDV - a vehicle weighing eight thousand five hundred pounds (8,500 lbs.) GVWR or less.
Location - any building, structure, facility, or installation, that is owned or operated by a person, or is under the control of a person, located on one 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. This definition is meant to encompass all of the facilities of the fleet operator in a single covered area, in their entirety. The term "location" is not meant to be interpreted narrowly, such as a single refueling pump.
Locomotive – a self-propelled diesel-powered vehicle, for pulling or pushing freight or passenger cars on railroad tracks.
Low-emission vehicle or LEV - a vehicle that meets the LEV emission standards promulgated under the Clean Air Act.
Marine vessel – any diesel-powered vehicle that is used or capable of being used as a means of transportation on water except amphibious vehicles.
Medium duty vehicle - means:
(a)A heavy duty vehicle for the purpose of section 915 whose model year is earlier than 1995 and has a manufacturer's GVWR of 8,500 pounds (8,500 lbs.) or less;
(b)Heavy duty vehicles for the purpose of section 915, low-emission vehicles, ultra low-emission vehicles, or zero-emission vehicle with a model year of 1992 or later having a manufacturer's GVWR of fourteen thousand pounds (14,000 lbs.) or less; or
(c)Heavy duty vehicles for the purpose of section 915 with a model year of 1995 or later having a manufacturer's GVWR of fourteen thousand pounds (14,000 lbs.) or less.
Military equipment – equipment that meets military specifications, is owned by the U.S. Department of Defense or the U.S. military services or its allies, and is used in combat, combat support, combat service support, tactical or relief operations or training for such operations.
Model Year - the motor vehicle manufacturer's annual production period, which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.
Motor vehicle – any motor vehicle, as defined in § 1(a) of title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 679; D.C. Official Code § 50-1501.01).
National Low Emission Vehicle Program or NLEV - a national voluntary program that allows automobile manufacturers to produce and sell low emission vehicles and trucks as a compliance alternative for state programs adopted pursuant to the authority of section 177 of the Clean Air Act beginning with the 1999 model year in northeastern states and with the 2001 model year in the rest of the country.
New heavy duty vehicle - a motor vehicle or new motor vehicle engine, the equitable or legal title to which has never been transferred to the first person who in good faith purchases a new heavy duty vehicle or new heavy duty vehicle engine for a purpose other than resale.
Nonroad diesel engine – any internal combustion engine that utilizes diesel fuel as its fuel source:
(a) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (e.g., garden tractors, off-highway mobile cranes, and bulldozers);
(b) In or on a piece of equipment that is intended to be propelled while performing its function (e.g., lawnmowers and string trimmers); or
(c) That, by itself or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indications of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform; and
(d) Unless:
(i) The engine is used to propel a motor vehicle or a vehicle solely for competition, or is subject to standards promulgated under Section 202 of the Clean Air Act;
(ii) The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the Clean Air Act; or
(iii) The engine otherwise included in paragraph (c) of this definition remains or will remain at a location for more than twelve (12) consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine(s) that replaces an engine(s) at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two (2) years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.
Nonroad equipment – a piece of equipment that is powered by a nonroad diesel engine.
Nonroad vehicle - a vehicle that is powered by a nonroad engine and that is not a motor vehicle, or a vehicle used solely for competition.
Partially covered fleet - any fleet that contains ten (10) or more covered fleet vehicles, but also contains exempt vehicles including law enforcement and emergency vehicles.
Passenger Car - a motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less.
Person - an individual, partnership, corporation, association, or any agency, instrumentality, or department of any government.
Power take-off equipment – a semi-permanently mounted system on a vehicle, separate from the vehicle engine that is used to transmit power to a secondary implement or accessory.
Purchase or acquisition - includes a lease.
Qualified second market vehicle - a vehicle that: (D.C. Law 10-201)
(a)Has been in use for at least eighteen (18) months, but not more than thirty-six (36) months;
(b)Has fifty percent (50%) or more of its useful life remaining;
(c)Is owned or operated by a private covered fleet operator that operates fleets in the District; or
(d)Is a ULEV, ILEV, or ZEV.
Recreational vehicle – any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, belts, cleats, tracks, skis or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. This definition includes snowmobiles, all-terrain vehicles (ATVs), nonroad motorcycles, or any other legally registered motor vehicle when used for nonroad recreational purposes.
Section 177 program - state regulations or other laws, except ZEV Mandates, that apply to any of the following categories of motor vehicles: passenger cars, light duty trucks up through six thousand pounds (6,000 lbs.) GVWR, and medium duty vehicles from six thousand and one pounds (6,001 lbs.) to fourteen thousand pounds (14,000 lbs.) GVWR if designed to operate on gasoline.
Ultra low-emission vehicle or ULEV - a vehicle that is certified as meeting the ULEV emission standards promulgated under the Clean Air Act. (D.C. Law 10-201)
Ultra-small volume manufacturer - any manufacturer with California sales less than or equal to three hundred (300) new passenger cars, light duty trucks, medium duty vehicles, heavy duty vehicles and heavy duty engines per model year based on the average number of vehicles and engines sold by the manufacturer in the previous three consecutive model years.
Urban bus - a passenger-carrying vehicle powered by a heavy duty diesel engine, or of a type normally powered by a heavy duty diesel engine, with a load capacity of fifteen (15) or more passengers and intended primarily for intra-city operation as evidenced by the inclusion of at least one set of quick-operating entrance and exit doors and a fare collection box or some other fare capturing system and the absence of facilities for long-distance travel such as restrooms and large luggage compartments.
Warming bus – any motor vehicle deployed by the Homeland Security and Emergency Management Agency (HSEMA) during a Cold Emergency Alert to provide vulnerable individuals with shelter from cold weather conditions.
ZEV mandate - any state regulation or other law that imposes (or purports to impose) obligations on auto manufacturers to produce, deliver for sale, or sell a certain number or percentage of Zero Emissions Vehicles.
Zero-emission vehicle or ZEV - a vehicle that is certified as meeting the ZEV emission standards promulgated under the Clean Air Act. (D.C. Law 10-201).
999.2When used in this chapter, the following abbreviations shall have the meaning ascribed:
AFV - Alternative Fuel Vehicle
BHP-hr - Brake horse power-hour
CPFV - Clean Fuel Fleet Vehicle
CFF - Clean Fuel Fleet
g/mi - Grams per mile
GVWR - Gross Vehicle Weight Rating
EPA - Environmental Protection Agency
HDV - Heavy Duty Vehicle
HOV - High Occupancy Vehicle
ILEV - Inherently Low Emissions Vehicle
LDV - Light Duty Vehicle
LEV - Low Emission Vehicle
LDT - Light Duty Truck
LVW - Loaded Vehicle Weight
LW - Loaded Weight
MY - Model Year
NMHC - Non-Methane Hydrocarbon
NMOG - Non-Methane Organic Gas
NOx - Nitrogen Oxides
OEM - Original Equipment Manufacture
TW - Total Weight
ULEV - Ultra Low Emission Vehicle
U.S. - United States
VIN - Vehicle Identification Number
WMATA - Washington Metropolitan Transit Authority
ZEV - Zero Emissions Vehicle