Section 326IAC13-2.1-2. Definitions

   The following definitions apply throughout this rule:

(1) "Accepted aftermarket catalytic converter" means a catalytic converter which meets the performance criteria for certification specified in 40 C.F.R. 85, Subpart V*, for sale, installation, and use on a motor vehicle after such vehicle has left the vehicle manufacturer's production line.

(2) "Certified configuration" means an engine or engine-chassis design which has been certified by the U.S. EPA pursuant to 40 C.F.R. 86*, prior to the production of vehicles with that design.

(3) "Consignment" means a transaction whereby the owner of a motor vehicle (consignor) delivers such vehicle to an individual (consignee) who sells such vehicle to a third party for a fee or commission. A consignment does not include a transfer of title or ownership from a consignor to a consignee for the purposes of this rule.

(4) "Emission control system" means an emission control device installed by the manufacturer to reduce air pollution from a motor vehicle, including but not limited to the following:

(A) Positive crankcase ventilation (PCV) system.

(B) Air pumps.

(C) Catalysts and catalytic converters.

(D) Evaporative canisters.

(E) Exhaust gas recirculation (EGR) systems.

(F) Leaded fuel nozzle restrictors installed on motor vehicles designed to use unleaded gasoline only.

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

(H) Fuel filler caps.

(5) "Heavy duty motor vehicle" means a motor vehicle rated at more than eight thousand five hundred (8,500) pounds gross vehicle weight rating or that has a vehicle curb weight of more than six thousand (6,000) pounds or a basic vehicle frontal area in excess of forty-five (45) square feet.

(6) "Leaded gasoline" means gasoline containing greater than five-hundredths (0.05) grams of lead per gallon of gasoline.

(7) "Light duty motor vehicle" means a motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicle weight rating or less with a vehicle curb weight of six thousand (6,000) pounds or less and a basic vehicle frontal area of forty-five (45) square feet or less.

(8) "Person" means an individual, firm, partnership, association, corporation, fleet operator, or governmental agency. For the purposes of sections 3(a)(1) and 5 of this rule, this definition does not include:

(A) a person transferring ownership of a tampered vehicle to another person if such transfer is in the nature of a wholesale transaction; or

(B) a person receiving a tampered vehicle with the intent to sell such vehicle on a consignment basis.

(9) "Service station" means a garage, muffler shop, or dealership where motor vehicles are repaired or serviced.

(10) "Tampering" means to remove, render inoperative, cause to be removed, or make less operative any emission control device, unless such removal or act to render inoperative or less operative is for the purpose of motor vehicle disposal or salvage operations. In addition, any act which constitutes engine switching as provided under section 3(b) of this rule shall constitute tampering for the purposes of this rule.

(11) "Unleaded gasoline" means gasoline containing not more than five-hundredths (0.05) grams of lead per gallon of gasoline.

(12) "Wholesale" means a 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.

  *Copies of the Code of Federal Regulations (C.F.R.) referenced may be obtained from the Government Printing Office, Washington, D.C. 20402. Copies of pertinent sections are also available at the Department of Environmental Management, Office of Air Management, 105 South Meridian Street, Indianapolis, Indiana 46225. (Air Pollution Control Division; 326 IAC 13-2.1-2; filed May 24, 1990, 10:00 a.m.: 13 IR 1851; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)