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Page 1

Indianapolis Air Pollution Control Board

Regulation 13

Motor Vehicle Tampering and Fuel Switching

(Amended November 13 1997)

(Effective January 4, 1998)

Section 1. Applicability

1-1. This regulation shall apply to the following:

(1)

All persons as defined in Section 2.

(2)

All service stations.

(3)

All gasoline dispensing facilities.

(4)

All gasoline powered motor vehicles with a model year of 1970 and later,

including but not limited to passenger cars, truck and vans.

(5)

All retailers and wholesalers of motor vehicles and parts for motor

vehicles.

Section 2. Definitions

2-1. The terms used in Regulation 13 are defined as follows:

(1) "Accepted aftermarket catalytic converter"- A catalytic converter which meets

the performance criteria for certification specified in 40 CFR 85, Subpart V, as

published July 1, 1989 for sale, installation, and use on a motor vehicle after such

vehicle has left the vehicle manufacturer�s production line.

(2) "Certified configuration"- An engine or engine-chassis design which has been

certified by the U. S. EPA pursuant to 40 CFR 86, as published July 1, 1989 prior to the

production of vehicles with that design.

(3) "Emission control system" - means any emission control system or element

thereof which was part of the manufacturer's design to reduce air pollution from

operation of a motor vehicle including but not limited to the following:

(a)

Positive crankcase ventilation (PCV) system.

(b)

Air Injection Reaction systems. (Air pumps)

(c)

Catalysts and catalytic converters.

(d)

Evaporative canisters.

(e)

Exhaust gas recirculation (EGR) system.

(f)

Leaded fuel nozzle inlet restrictors.

(g)

Thermostatic air cleaners (TAC), including stoves, stove pipes, and

thermostats.

(h)

Fuel filler caps

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(4)

"Heavy duty motor vehicle" - A motor vehicle with a gross vehicle weight

rating (GVWR) of more than eight thousand five hundred (8,500) pounds, or has a

vehicle curb weight of more than six thousand (6,000) pounds.

(5)

"Leaded gasoline" means gasoline containing greater than five

hundredths (0.050) gram of lead per gallon of gasoline.

(6)

"Light duty motor vehicle" - A motor vehicle with a gross vehicle weight

rating (GVWR) of eight thousand five hundred (8,500) pounds or less, or a vehicle curb

weight of six thousand (6,000) pounds or less.

(7)

"Model year" - The date of manufacture of the original motor vehicle

within the annual production period of such motor vehicle as designated by the

manufacturer.

(8)

"Person" means every individual, firm, partnership, association,

corporation, fleet operator, or any governmental entity.

(9)

"Service station" means every garage, muffler shop, dealership, or other

commercial establishment where motor vehicles are repaired or serviced.

(10) "Tamper" or "tampering" means to cause or to allow the removal,

disabling, disrepair or rendering less operative any emission control system.

Tampering does not include repair or replacement of an emission control system as a

part of disposal or salvage operations. In addition, any act which constitutes engine

switching as provided under Subsection 3-2 of this regulation shall constitute tampering

for the purposes of this rule.

(11) "Unleaded gasoline" means gasoline containing not more than five

hundredths (0.050) gram of lead per gallon of gasoline.

(12) "Wholesale" - The transfer of ownership of a motor vehicle between motor

vehicle dealers with the ultimate intent of selling such vehicle to the public on a retail

basis.

Section 3. Requirements

3-1. Tampering

(1)

No person shall provide for rent or lease, sell, offer for sale, or in any

manner transfer ownership of a motor vehicle which is in a tampered condition, unless

such motor vehicle is transferred for disposal or salvage purposes. However, a person

holding an Indiana Bureau of Motor Vehicle dealer identification number may transfer

ownership of a vehicle in a tampered condition wholesale.

(2)

No person shall tamper with any motor vehicle.

(3)

No person shall sell, offer for sale, or advertise for sale any add-on part or

modified part which inhibits the effectiveness of or bypasses an emission control

system.

(4)

No person shall operate a motor vehicle if such vehicle is in a tampered

condition.

(5)

No motor vehicle which is part of a fleet of motor vehicles within Marion

County shall be operated or held as available for operation as a part of such fleet if the

vehicle is in a tampered condition.

Page 3

3-2. Engine Switching

(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 original vehicle chassis.

(2)

No person shall cause, suffer, allow, or permit the installation of an

engine into a heavy duty motor vehicle, unless the engine being installed is identical to

a certified configuration of an engine which is the same or newer model year as the

original 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 vehicle.

3-3. Fuel Switching

(1)

No person shall sell, dispense, or offer for sale gasoline labeled as, or

represented to be, unleaded unless such gasoline meets the requirements for unleaded

gasoline as defined by Regulation 13.

(2)

No person shall introduce, 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, change, or replace the gasoline pump dispensing

nozzle so that leaded gasoline may be dispensed into a motor vehicle originally

designed to use only unleaded gasoline. 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 and 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

a person introducing gasoline into a motor vehicle. The sign shall state that federal

and state law prohibit the introduction of any gasoline containing lead 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.

3-4. Accepted Aftermarket Catalytic Converters

(1)

A person shall install an accepted aftermarket catalytic converter or

equivalent on a vehicle under five (5) years and/or fifty thousand (50,000) miles if the

converter is missing or the Administrator has determined that the currently installed

converter has been damaged or is on a vehicle which has been subject to fuel

switching, or on a vehicle over five (5) years and/or fifty thousand (50,000) miles if the

need for such replacement has been established and documented to the satisfaction of

Page 4

the Administrator.

(2)

A person shall not install any aftermarket catalytic converter if a currently

installed original or equivalent converter is functioning properly. Only an original or

equivalent converter shall be installed where the replacement is under recall or

warranty, or the vehicle is returning from overseas use.

(3)

A person involved in the installation of an accepted aftermarket catalytic

converter shall retain copies of the following invoices and statements containing the

following information for a minimum of two (2) years:

(a)

Invoice, including the following:

(i)

Customer's name and complete address.

(ii)

Vehicle model, year, make, and mileage.

(iii) The reason for replacement.

(b)

Any statements from the Administrator requiring replacement.

(4)

A person involved in the installation of an accepted aftermarket catalytic

converter shall:

(a)

Retain the replaced converter for fifteen (15) days after removal;

(b)

Mark the replaced converter so it can be matched to the corresponding

replacement invoice and statement; and

(c)

Maintain availability of the replaced converter for inspection during the

fifteen (15) day period.

(5)

An accepted aftermarket catalytic converter shall be installed in the same

location as the original and with other required converters, shall be the same type as

the original converter (oxidation, three (3) way, or three (3) way oxidation (dual-bed),

installed only on vehicles as specified by the converter manufacturer, properly

connected to existing air injection components and accompanied by a warranty card

filled in by the installer (if a new converter).

Section 4. Penalties

4-1. Suspension or Revocation of Registration. Violation of Subsection 3-1(1), 3-1(2),

3-1(4), 3-1(5) or 3-2 of this Regulation 13 to the extent that such violations may also

violate applicable State regulations, may subject the owner or operator to suspension

or revocation of the registration for the tampered vehicle by the Bureau of Motor

Vehicles. The tampered vehicle is not thereafter eligible for registration until the

tampered device has been restored, replaced, or repaired.

4-2. Revocation of Marion County Licenses. Any person found to be in violation of

Subsection 3-1(1) or 3-1(5) of this Regulation 13 may be subject to revocation of any or

all licenses issued to conduct retail or wholesale motor vehicle business in Marion

County, Indiana.

Page 5

4-3. Penalties. Any person found to be in violation of any section of this Regulation 13

shall be subject to penalties as set forth in Chapter 4, of the Municipal Code of

Indianapolis and Marion County, Indiana.

Section 5. Inspection

5-1. The Environmental Resources Management Division may inspect the facilities,

records, and motor vehicles at all service stations, gasoline dispensing facilities,

retailers and wholesalers of motor vehicles, and retailers and wholesalers of parts for

motor vehicles subject to this Regulation 13 to determine compliance with this

Regulation 13. The Division may require persons to submit motor vehicles to the

Division for inspection.

(Adopted September 12, 1985; Amended March 14, 1991)

Documents incorporated by reference are available from the Indiana Department of

Environmental Management, Indiana Government Center, 100 North Senate Avenue,

Indianapolis, Indiana 46204-2220, or the Indianapolis Air Quality Management Section,

2700 South Belmont Avenue, Indianapolis, Indiana 46221. (317-327-2234)

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