Subject 391-3-25 LOW EMISSION VEHICLE CERTIFICATION
Unless a different meaning is required by the context, the
following terms as used in these rules shall have the meaning hereinafter
respectively ascribed; provided, however, to the extent the definitions set
forth below conflict with the definitions set forth in O.C.G.A. §
48-7-40.16, § 48-7-29.18, or § 48-7-29.19, the definitions in
O.C.G.A. § 48-7-40.16, § 48-7-29.18, and § 48-7-29.19 shall
control; and provided, further, to the extent any term in this Chapter is not
defined below, the definitions in O.C.G.A. § 48-7-40.16, §
48-7-29.18, and § 48-7-29.19 shall apply; and provided, further, that
definitions within any subsequent rule, or subdivision thereof, which are
expressly made applicable to the rule or subdivision within which they appear,
shall apply for purposes of such specific rule or subdivision thereof.
| (a) |
"Alternative fuel heavy-duty vehicle"
means a new commercial vehicle, with a gross vehicle weight ratio equal to or
more than 26,001 pounds, that is primarily fueled by an alternative fuel. As
used in this definition, "primarily fueled by an alternative fuel" as defined
in O.C.G.A. § 48-7-29.18 means a vehicle that is produced by an original
equipment manufacturer and operates on 90 percent or more alternative fuel and
on 10 percent or less gasoline or diesel fuel. |
| (b) |
"Alternative fuel medium-duty vehicle"
means a new commercial vehicle, with a gross vehicle weight ratio equal to
8,500 pounds or more and less than 26,001 pounds, that is solely fueled by an
alternative fuel as defined in O.C.G.A. § 48-7-29.18, and that is produced
by an original equipment manufacturer. |
| (c) |
"Certificate" means the form used as
proof to the Department of Revenue that the low-emission vehicle, zero emission
vehicle, electric vehicle charger, converted vehicle, alternative fuel
medium-duty vehicle, or alternative fuel heavy-duty vehicle is eligible for
state income tax credit. This certificate will be issued by EPD for new
low-emission vehicles, zero emission vehicles, alternative fuel medium-duty
vehicles, alternative fuel heavy-duty vehicles, converted vehicles and electric
vehicle chargers. |
| (d) |
"CO" means
carbon monoxide. |
| (e) |
"Conventionally fueled vehicle" means a motor vehicle which is fueled solely by
a petroleum based fuel such as gasoline or diesel. |
| (f) |
"Converted vehicle" means a motor vehicle
that is retrofitted so that it is fueled solely by an alternative fuel as
defined in O.C.G.A. § 48-7-40.16 and which meets the emission standards
set forth for that class of low emission vehicle (LEV), ultra low emission
vehicle (ULEV) or zero emission vehicle (ZEV). |
| (g) |
"Department" means the Department of
Natural Resources. |
| (h) |
"Director"
means the Director of the Environmental Protection Division of the Department
of Natural Resources. |
| (i) |
"Electric
vehicle charger" means an electrical device and installation thereof located
off-board the vehicle that provides electricity for electric vehicle batteries
and includes the conductors, connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatuses, installed specifically for
the purposes of delivering energy from the premises wiring to the electric
vehicle and shall have power levels greater than 130 volts, AC 1
phase. |
| (j) |
"EPA" means the United
States Environmental Protection Agency. |
| (k) |
"EPD" means the Environmental Protection
Division of the Department of Natural Resources. |
| (l) |
"GVWR" means the gross vehicle weight
rating, i.e., the weight of the vehicle and contents when loaded to its maximum
capacity, as established by the vehicle manufacturer. |
| (m) |
"Heavy Duty Vehicle (HDV)" means a
vehicle that has a gross vehicle weight rating (GVWR) greater than 8500
pounds. |
| (n) |
"HCHO" means
formaldehyde. |
| (o) |
"Installer" means
any person who installs a conversion system on a vehicle in order to convert it
to an alternative fuel vehicle meeting the emission standards for that LEV,
ULEV, or ZEV category. NOTE: Manufacturers of conversion kits, as well as
installers, are responsible for demonstrating that vehicles converted to use
alternative fuels have a configuration that complies with all federal motor
vehicle regulations. |
| (p) |
"Light
Duty Truck (LDT)" means a truck that has a GVWR of 8500 pounds or
less. |
| (q) |
"Light Duty Vehicle
(LDV)" means a passenger car or passenger car derivative capable of seating 12
passengers or less. |
| (r) |
"Low-emission vehicle (LEV)" means a motor vehicle which is fueled solely by an
alternative fuel as defined in O.C.G.A. § 48-7-40.16 and which meets
emission standards for LEV or ultra-low emission vehicle (ULEV) as defined by
the EPA, when operating on such alternative fuel. |
| (s) |
"Model year" means the model year of a
vehicle as designated by the vehicle manufacturer. |
| (t) |
"Motor vehicle" means any self-propelled
vehicle designed for transporting persons or property on a street or highway
that is registered by the Motor Vehicle Division of the Department of
Revenue. |
| (u) |
"New commercial
vehicle" means a new commercial vehicle that is manufactured by an original
equipment manufacturer or is manufactured by an original equipment manufacturer
and any third-party equipment manufacturers, provided that such third-party
manufacturers provide such parts or services prior to the original sale of such
vehicle to a purchaser, and all vehicle components, including the alternative
fuel system, are covered by the original equipment manufacturer or covered
under separate warranties by the original equipment manufacturer and the
third-party equipment manufacturer that together provide warranty for the
complete vehicle. |
| (v) |
"NMHC" means
non-methane hydrocarbon. |
| (w) |
"NMOG"
means non-methane organic gasses. |
| (x) |
"NOx" means oxides
of nitrogen. |
| (y) |
"Owner" means the
registered owner or the person who holds title to a motor vehicle for the
purpose of receiving the Low Emission Vehicle Certificate. |
| (z) |
"PM" means particulate matter. |
| (aa) |
"TW" means test weight. |
| (bb) |
"Vehicle" means a motor
vehicle. |
| (cc) |
"Zero emission
vehicle" means a motor vehicle which has zero tailpipe and evaporative
emissions as defined by the EPA and shall include an electric vehicle whose
drive train is powered solely by electricity, provided said electricity is not
provided by any on-board combustion device. |
Low-emission vehicle, zero emission vehicle, alternative fuel
medium-duty vehicle, and alternative fuel heavy-duty vehicle certificates shall
be issued for qualified vehicles registered in the State of Georgia. Electric
vehicle charger certificates shall be issued for qualified chargers located and
operated in the State of Georgia.
| (1) |
EPD will approve certificates for
qualified new low-emission or new zero emission vehicle purchases or leases.
Application by the owner or dealer must be made with EPD to initiate this
certification. The EPD certification will be contingent on documents provided
by the manufacturer of the vehicle that said vehicle is certified by the EPA to
meet LEV, ULEV or ZEV standards. |
| (2) |
EPD will issue certificates for qualified
converted vehicles. Application by the owner must be made with EPD to initiate
this certification. The EPD certification will be contingent on documents
provided by the manufacturer of the conversion kit certifying that the kit is
federally certified to meet LEV, ULEV or ZEV standards; and certification by
the installer that the conversion was made in accordance with the conversion
kit manufacturer's specifications, and that the conventional fuel system was
permanently disabled. |
| (1) |
To be certified as LEVs for the purposes
of meeting the requirements of this chapter, low-emission vehicles or converted
vehicles must be federally certified to meet or exceed the federal emission
standards for their respective vehicle class and category. Only new LEVs or
converted vehicles that meet or exceed these emissions standards will qualify
for the LEV certificate. Conventionally fueled vehicles will not be eligible
for a LEV certificate. The low-emission standards for classes and categories of
motor vehicles are found in Table A and Table B of paragraph (2) of this
Rule. |
| (2) |
The following Tables A
and B list the emission standards for Light Duty Vehicles (LDVs), Light Duty
Trucks (LDTs), and Heavy Duty Vehicles (HDVs). In Table A, the emission
standards listed under Part I are the federal 50,000-mile emission standards,
and those listed under Part II are the federal 100,000-mile emission standards
for LDVs and LDTs with GVWR less than or equal to 6,000 pounds. Emission
standards listed under Part II for LDTs with GVWR greater than 6,000 pounds are
the federal 120,000-mile emission standards.
|
| (1) |
Only business
enterprises are eligible for electric vehicle charger certificate(s). |
| (2) |
Certificate(s) for new electric vehicle
charger(s) shall be approved by the EPD and issued by the seller to the
business enterprises only for those charger(s) that shall be located in the
State of Georgia for a minimum of five consecutive years and that are installed
for the purpose of charging on-road electric vehicles. |
| (3) |
Upon request, EPD will provide blank
certificate form(s) to the seller of electric vehicle charger(s). Upon the sale
and installation of new electric vehicle charger(s) meeting the requirements of
subparagraphs (1) and (2) above, the seller shall submit the completed
certification form(s) to the EPD, in accordance with procedures specified by
the Director of EPD. |
EPD will approve certificates for qualified new alternative
fuel medium-duty and new alternative fuel heavy-duty vehicle purchases in
accordance with procedures specified by the Director of EPD or his designee.
Application by the owner must be made with EPD to initiate this certification.
The EPD certification will be contingent on documents provided by the
manufacturer and/or owner of the vehicle that the engine in said vehicle is
certified or verified by the EPA to operate on an alternative fuel as defined
in O.C.G.A. § 48-7-29.18 and § 48-7-29.19.
| (1) |
No person shall
violate the provisions set forth in this chapter. |
| (2) |
No person shall intentionally make any
false material statement, representation, or certification in, or conceal or
omit material information from, or intentionally alter, any document required
pursuant to this chapter. |
