Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 19 - MOBILE SOURCE RULES
Rule 3 - Clean Fuel Fleet Vehicles
Section 3-2 - Definitions
Current through March 20, 2024
Authority: IC 13-14-8-7; IC 13-17-3-4; IC 13-17-3-14; IC 13-17-5-1
Affected: IC 13-12-3-1
Sec. 2.
The following definitions apply throughout this rule unless expressly stated:
(1) "Adjusted loaded vehicle weight" or "ALVW" means the numerical average of the vehicle curb weight and the GVWR.
(2) "Can be centrally fueled" means vehicles that are centrally fueled or capable of being centrally fueled.
(3) "Capable of being centrally fueled" means a fleet, or that part of a fleet, consisting of vehicles that could 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. The fact that a portion of the vehicles is not capable of being centrally fueled does not exempt an entire fleet from the program. The fact that a vehicle is not centrally fueled does not mean that it could not be centrally fueled. Determination of whether a vehicle is capable of being centrally fueled shall be made in accordance with the guidance as stated in 40 CFR 88 *.
(4) "Centrally fueled" means a fleet, or that portion 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 is, under normal operations, garaged at a personal residence at night but that is, in fact, centrally fueled one hundred percent (100%) of the time shall be considered to be centrally fueled for purposes of this rule. The fact that a portion of the vehicles in a fleet is not centrally fueled does not exempt an entire fleet from the program. The fact that a vehicle is not centrally fueled does not mean it could not be centrally fueled in accordance with the definition of capable of being centrally fueled.
(5) "Chicago severe nonattainment area" means the Chicago-Gary-Lake County Area, Severe-17 ozone nonattainment area as defined in 40 CFR 81.315 *.
(6) "Clean alternative fuel" means:
including any mixture thereof containing eighty-five percent (85%) or more by volume of such alcohol with gasoline or other fuels;
used in a clean fuel vehicle that complies with the standards and requirements applicable to such vehicle under this rule when using such fuel or power source. In the case of any flexible fuel vehicle or dual fuel vehicle, that means only a fuel with respect to which such vehicle was certified as a clean fuel vehicle.
(7) "Clean fuel vehicle" means a vehicle certified as an LEV, a ULEV, or a ZEV when it is operating on the clean fuel for which the vehicle was certified as a clean fuel vehicle, meeting the emission standards applicable to such a vehicle under 40 CFR 88, Subpart A, 88.104-94 and 88.105-94*.
(8) "Combination heavy-duty vehicle" means a motor vehicle with a GVWR greater than eight thousand five hundred (8,500) pounds that is comprised of a truck-tractor and one (1) or more pieces of trailered equipment.
(9) "Control" means the following:
(10) "Converted clean fuel vehicle" means a vehicle that has been adapted to operate on clean fuel using a conversion configuration that has been certified by U.S. EPA as meeting clean fuel emission standards and converted in accordance with the requirements for clean fuel conversions under 40 CFR 88, Subpart C, 88.306-94*.
(11) "Covered fleet" means ten (10) or more motor vehicles that are owned or operated by a single person. In determining the number of vehicles owned or operated by a single person for purposes of this subdivision, all motor vehicles owned or operated, leased, or otherwise controlled by such person, by any person who controls such person, or by any person under common control with such person shall be treated as owned by such person. The term shall not include any vehicle that is exempt from this rule in accordance with section 1(b) of this rule.
(12) "Covered fleet operator" means a person who operates a fleet of at least ten (10) covered fleet vehicles that is operated in Lake or Porter County. This includes covered fleet vehicles garaged outside of Lake or Porter County.
(13) "Covered fleet vehicle" means a motor vehicle that is:
(14) "Dealer demonstration vehicle" means any vehicle that is:
(15) "Department" means the Indiana department of environmental management.
(16) "Dispenser" means a device through which a motor fuel is transferred from storage at a refueling source to a motor vehicle.
(17) "Dual fuel vehicle" means a vehicle capable of operating on either of two (2) fuels. A dual fuel vehicle qualifies as a clean fuel vehicle when certified in accordance with 40 CFR 88, Subpart A, 88.104-94*, as meeting the standards applicable to dual fuel vehicles on either fuel and is eligible to meet purchase requirements and earn credits when operating on the fuel on which it was certified as a dual fuel clean fuel vehicle while operating in Lake or Porter County.
(18) "Emergency vehicle" means any vehicle that is legally authorized by a governmental authority to exceed the speed limit to transport people or equipment to and from situations in which speed is required to save lives or property, for example, a rescue vehicle, a fire truck, or an ambulance.
(19) "Flexible fuel vehicle" means a vehicle capable of operating on either or any combination of two (2) fuels. A flexible fuel vehicle qualifies as a clean fuel vehicle when certified in accordance with 40 CFR 88, Subpart A, 88.104-94*, as meeting the standards applicable to flexible fuel vehicles on either fuel and is eligible to meet purchase requirements and earn credits when operating on the fuel on which it was certified as a flexible fuel clean fuel vehicle while operating in Lake or Porter County.
(20) "Fuel provider" means either of the following:
(21) "g/mi" means grams per mile.
(22) "Gasoline" means any fuel that is sold for use in motor vehicles or motor vehicle engines and is commonly or commercially known or sold as gasoline.
(23) "GVWR" means gross vehicle weight rating which is the total vehicle weight, including load, as designated by the vehicle manufacturer.
(24) "HDV" means a heavy-duty vehicle weighing more than eight thousand five hundred (8,500) pounds and less than twenty-six thousand (26,000) pounds GVWR.
(25) "ILEV" means an inherently low emissions vehicle that is a light-duty vehicle or light-duty truck conforming to the applicable ILEV standard as defined in 40 CFR 88, Subpart C, 88.311-93*. No dual fuel vehicles may be considered ILEVs unless they are certified to the applicable standards on all fuel types for which they are designed to operate.
(26) "Law enforcement vehicle" means any vehicle that is primarily operated by:
and which is used for the purpose of law enforcement activities, including, but not limited to, chase, apprehension, surveillance, or patrol of people engaged in or potentially engaged in unlawful activities. For federal law enforcement vehicles, the definition contained in 40 CFR 88 * applies.
(27) "LDT" means light-duty truck, a vehicle weighing less than eight thousand five hundred (8,500) pounds GVWR.
(28) "LDV" means light-duty vehicle, a vehicle weighing less than eight thousand five hundred (8,500) pounds GVWR.
(29) "LEV" means a low emission vehicle that meets the applicable LEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*.
(30) "Loaded vehicle weight" or "LVW" means the vehicle curb weight plus three hundred (300) pounds.
(31) "Location" means any building, structure, facility, or installation that:
(32) "Model year" or "MY", as it applies to the clean fuel vehicle fleet purchase requirements, means September 1 through August 31. For example, the 1998 model year begins September 1, 1997, and ends August 31, 1998.
(33) "Motor vehicle dealer" means any person who is engaged in the sale or distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser.
(34) "Motor vehicle manufacturer" means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles, or new nonroad engines, or importing such vehicles or engines for resale, or who acts for and is under control of any such person in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles, or new nonroad engines, but does not include a motor vehicle dealer as defined in subdivision (33).
(35) "Motor vehicles held for lease or rental to the general public" means a vehicle that is owned or controlled primarily for the purpose of short term rental or extended term leasing (with or without maintenance), without a driver, under a contract.
(36) "NMOG" means nonmethane organic gases.
(37) "New covered fleet vehicle" means a vehicle that has not been previously controlled by the current purchaser, regardless of the model year, except any of the following:
This definition of new covered fleet vehicle is distinct from the definition of new vehicle as it applies to manufacturer certification, including the certification of vehicles to clean fuel standards.
(38) "New motor vehicle" means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser.
(39) "Noncovered fleet" means a fleet that operates ten (10) or more motor vehicles in Lake or Porter County that are not centrally fueled or capable of central fueling or are exempt under section 1(b) of this rule.
(40) "Owned or operated, leased, or otherwise controlled by" means either of the following:
(41) "Partially covered fleet" means a fleet in a covered area that contains both covered and noncovered fleet vehicles.
(42) "Person" means an individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.
(43) "ULEV" means an ultra low emissions vehicle that meets the applicable ULEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*.
(44) "Under normal circumstances garaged at personal residence" means 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. Such a vehicle is not considered to be capable of being centrally fueled and is exempt from this rule unless it is, in fact, centrally fueled.
(45) "Vehicle curb weight" means the actual weight or the manufacturer's estimated weight.
(46) "Vehicle used for motor vehicle manufacturer product evaluations and tests" means a vehicle that is:
(47) "ZEV" means a zero (0) emissions vehicle that meets the applicable ZEV standards as defined in 40 CFR 88, Subpart A, 88.104-94*.
*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.