326 Ind. Admin. Code 13-2.1-3 : AIR POLLUTION CONTROL DIVISION — MOTOR VEHICLE EMISSION AND FUEL STANDARDS —2.1 - Motor Vehicle Tampering, Engine Switching, and Fuel Switching —2.1-3 - Requirements

Authority: IC 13-1-1-4; IC 13-1-1-6; IC 13-7-7

Affected: IC 13-1-1; IC 13-7-1-1; IC 13-7-7-5

Sec. 3.

(a) Violations of the following provisions constitute tampering for the purposes of this rule:
(1) No person shall rent, lease, sell, offer for sale, or in any manner transfer ownership of a motor vehicle with knowledge that the vehicle has been subject to tampering. For the purposes of this subdivision, knowledge of tampering shall be imputed to any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines or any person who operates a fleet of motor vehicles.
(2) No person shall cause, suffer, allow, or permit the removal, dismantling, disconnnection, disabling, or disrepair of any emission control system which has been installed on a motor vehicle by the manufacturer, unless such emission control system is replaced with an accepted aftermarket catalytic converter or other emission control system which meets the performance criteria specified in 40 C.F.R. 85, Subpart V*, and the requirements of section 4 of this rule.
(3) No person shall sell, offer for sale, or advertise for sale any add-on part or modified part which inhibits the effectiveness or bypasses an emission control system or otherwise fails to meet the performance criteria for certification specified in 40 C.F.R. 85, Subpart V.
(4) No person shall operate a motor vehicle with knowledge that the vehicle has been subject to tampering. For the purposes of this subdivision, knowledge of tampering shall be imputed to any person engaged in the business of repairing, servicing, selling, leasing, or trading motor vehicles or motor vehicle engines or any person who operates a fleet of motor vehicles.
(b) Violations of the following provisions constitute engine switching for the purposes of this rule:
(1) No person shall cause, suffer, allow, or permit the installation of an engine into a light duty motor vehicle, unless the resulting vehicle is identical to a certified configuration of the same or newer model year as the vehicle chassis.
(2) No person shall cause, suffer, allow, or permit the installation of an engine into a heavy duty motor vehicle, unless the installed engine is identical to a certified configuration of an engine which is the same or newer model year as the installed engine.
(3) No person shall cause, suffer, allow, or permit the installation of an engine designed for a heavy duty motor vehicle into a light duty motor vehicle.
(c) Violations of the following provisions constitute fuel switching for the purposes of this rule:
(1) No person shall sell, dispense, or offer for sale gasoline represented to be unleaded unless such gasoline meets the requirements for unleaded gasoline specified in section 2 of this rule.
(2) No person shall knowingly introduce or cause or allow the introduction of leaded gasoline into a motor vehicle which was originally designed to use unleaded gasoline only.
(3) No person shall modify the gasoline pump dispensing nozzle in order to dispense leaded gasoline into a motor vehicle which was originally designed to use unleaded gasoline only. Each leaded gasoline pump shall be equipped with a nozzle spout having a terminal end with an outside diameter of not less than ninety-three hundredths (0.93) inches. Each unleaded gasoline pump shall be equipped with a nozzle spout having a terminal end with an outside diameter not greater than eighty-four hundredths (0.84) inches and the spout length from retaining spring to the tip shall be a minimum of two and seventy-five hundredths (2.75) inches.
(4) All gasoline dispensing facilities shall display permanent signs clearly distinguishing unleaded and leaded gasoline dispensing pumps.
(5) Each gasoline dispensing facility shall display permanent signs visible to an individual introducing gasoline into a motor vehicle. The sign shall state that federal and state law prohibits the introduction of leaded gasoline into any motor vehicle designed by the manufacturer for unleaded gasoline only. This notice shall be no smaller than thirty-six (36) point bold type.

*Copies of the Code of Federal Regulations (C.F.R.) referenced may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401. Copies of pertinent sections are also available at the Indiana Department of Environmental Management, Office of Air Quality, 100 North Senate Avenue, Indiana Government Center-North, Tenth Floor, Indianapolis, Indiana 46204.

326 IAC 13-2.1-3

Air Pollution Control Board; 326 IAC 13-2.1-3; filed May 24, 1990, 10:00 a.m.: 13 IR 1851; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1570