NR 487.03(2)(a)
(a) By purchasing new vehicles which meet the clean fuel fleet vehicle LEV, ULEV, ZEV or ILEV standards shown in Tables 1 and 2.
NR 487.03(2)(b)
(b) By converting conventional vehicles to clean fuel fleet vehicles which meet the applicable standards shown in Tables 1 and 2.
NR 487.03(3)
(3) Dual fuel and hybrid electric vehicles. For a dual fuel or hybrid electric vehicle to be considered a clean fuel fleet vehicle, the vehicle shall operate in the covered area using the fuel or power source on which it was certified by the manufacturer to meet the LEV, ULEV or ZEV emission standards shown in Tables 1 and 2.
NR 487.03 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95; am. (1) (a), (b) and (c),
Register, September, 1998, No. 513, eff. 10-1-98.
NR 487.04
NR 487.04 Exemptions. The following fleet vehicles shall be exempt from the clean fuel fleet program and not considered when calculating the covered fleet acquisition requirements of
s. NR 487.03:
NR 487.04(1)
(1) Motor vehicles which under normal operations are garaged at a personal residence and which are not centrally fueled 100% of the time.
NR 487.04(2)
(2) Motor vehicles held for lease or rental to the general public.
NR 487.04(3)
(3) Motor vehicles held for sale by motor vehicle dealers, including demonstration vehicles.
NR 487.04(4)
(4) Motor vehicles used for motor vehicle manufacturer product evaluations or tests.
NR 487.04(5)
(5) Law enforcement vehicles and other emergency vehicles.
NR 487.04(6)
(6) Nonroad vehicles, including farm and construction vehicles which are not motor vehicles.
NR 487.04(7)
(7) Motor vehicles which the U.S. secretary of defense has determined should be exempt from the program for national security reasons.
NR 487.04 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.05
NR 487.05 Registration. The following procedure shall be used by covered fleet operators for registering in the clean fuel fleet program under this chapter:
NR 487.05(1)
(1) Registration forms. Fleet operators operating in the covered area shall register with the department within 60 days of receipt of registration forms from the department. Fleet operators not receiving registration forms shall register with the department within 60 days after publication of the registration requirements in newspapers having a general circulation in the covered area counties. Registration shall be done on department registration forms or in a department approved electronic format. The information required for registration shall include all of the following:
NR 487.05(1)(b)
(b) The names, addresses, telephone numbers and, if applicable, facsimile numbers of the persons designated to be responsible for the fleet.
NR 487.05(1)(c)
(c) The address of each location at which 10 or more nonexempt vehicles are based; the number of covered fleet vehicles at each location that operate in the covered area; and the number of clean fuel fleet vehicles at each location that operate in the covered area.
NR 487.05(1)(d)
(d) The number of fleet vehicles that operate in the covered area by make, model year, weight type, emission certification standard and fuel; for each fleet vehicle, the VIN, exempt status and any other information as specified in the registration form.
NR 487.05(1)(e)
(e) The number of covered dual fuel or hybrid vehicles in the covered fleet, the VIN and annual total mileage of each vehicle in each fuel type, the annual number of miles each vehicle operates in the covered area in each fuel type and the annual fuel usage of each vehicle by fuel type.
NR 487.05(1)(f)
(f) Any other information which may be necessary for implementation of the requirements of this chapter.
NR 487.05(2)
(2) Additional trip record information. Fleet operators who claim that some of their nonexempt fleet vehicles operate outside the covered area shall submit, with their registrations, trip records for those vehicles with origination and destination points.
NR 487.05(3)(a)(a) Fleet operators who claim that some of their nonexempt fleet vehicles operating in the covered area are not capable of being centrally fueled shall also include, with their registrations, trip profile calculations for those vehicles to determine the number of vehicles that are capable of being centrally fueled. The trip profile calculations shall be based on the mileage information related to the trips of those vehicles, using the method in
40 CFR part 88 (58 FR 64679) or any other method approved by the department and EPA.
NR 487.05(3)(b)
(b) Fleet operators who have submitted trip profile calculations for some of their nonexempt vehicles under
par. (a) shall file new trip profile calculations for those vehicles with the department every 3 years, or when the fleet size increases or decreases by 20% or more, whichever occurs earlier.
NR 487.05(4)
(4) Annual update. Starting in calendar year 1999, the covered fleet operator shall submit to the department by February 28 of each year an annual update of the fleet registration information listing the additions and deletions in the fleet and the vehicle mileages and fuel usage by the covered dual fuel or hybrid electric vehicles.
NR 487.05(5)
(5) Subsequently covered fleets. The operator of a fleet which becomes subject to this chapter on or after September 1, 1998 shall register with the department within 60 days of the fleet qualifying as a covered fleet.
NR 487.05 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95; am. (4) and (5),
Register, September, 1998, No. 513, eff. 10-1-98.
NR 487.06
NR 487.06 Clean fuel fleet annual compliance plan. NR 487.06(1)(a)(a) The covered fleet operator shall complete and submit an annual compliance plan to the department according to the schedule in
s. NR 487.07 and using forms provided by the department to demonstrate how the operator is complying with the requirements of this chapter.
NR 487.06(1)(b)
(b) Covered fleet operators with separate fleet locations within the covered area may combine their annual compliance plan submittals for their separate locations.
NR 487.06(2)
(2) Components of annual compliance plan. The annual compliance plans submitted to the department under this chapter shall include all of the following information:
NR 487.06(2)(a)
(a) A letter to the department signed by the chief executive officer or the highest ranking official at the location, certifying the accuracy of the information in the compliance plan and making a commitment to implement the clean fuel fleet program within the compliance plan.
NR 487.06(2)(b)
(b) The name and address of the fleet location or locations and the names and addresses of the personnel who will be responsible for compliance plan development and implementation.
NR 487.06(2)(c)
(c) The total number of covered vehicles in the fleet, by vehicle type and weight.
NR 487.06(2)(d)
(d) The number of covered vehicles acquired and the number of clean fuel fleet vehicles acquired by vehicle type, weight and fuel type, since the last annual compliance plan submittal.
NR 487.06(2)(e)
(e) The number of acquisition credits purchased, traded, sold and redeemed during the prior year.
NR 487.06(2)(f)
(f) The number of anticipated covered vehicle acquisitions for the coming year, by vehicle type and weight.
NR 487.06(2)(g)
(g) The number of anticipated clean fuel fleet vehicle acquisitions for the coming year, by vehicle type, weight and fuel type.
NR 487.06(2)(h)
(h) The number of acquisition credits anticipated to be purchased, traded, sold and redeemed for the coming year.
NR 487.06(3)
(3) Resubmittal upon disapproval or conditional approval. If a submitted annual compliance plan is conditionally approved or disapproved by the department under
s. NR 487.08 (3),
(4) or
(5), the covered fleet operator shall prepare and submit a revised annual compliance plan within 60 days.
NR 487.06 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.07
NR 487.07 Annual compliance plan submittal deadline. NR 487.07(1)(1)
Fleet operators covered on or before September 1, 1998. Except as provided in
sub. (2), a fleet operator that is a covered fleet operator on or before September 1, 1998 shall submit an initial compliance plan to the department no later than September 1, 1998 or within 120 days of formal notification by the department that compliance plans are due, whichever comes later. Subsequent annual compliance plans shall be submitted by September 1, of each year.
NR 487.07(2)
(2) Fleet operators covered after September 1, 1998. Fleet operators who become covered fleet operators after September 1, 1998 shall submit their initial annual compliance plan to the department within 180 days of becoming covered fleet operators. Subsequent annual compliance plans shall be submitted by September 1, of each year.
NR 487.07 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95; am.,
Register, September, 1998, No. 513, eff. 10-1-98.
NR 487.08
NR 487.08 Annual compliance plan review, approval and disapproval process. NR 487.08(1)
(1)
Annual compliance plan review. The department shall review each compliance plan submitted under
s. NR 487.06. The department shall notify the covered fleet operator within 120 days of the submittal of the department's decision to approve the plan as submitted, or to conditionally approve the plan or to disapprove the plan.
NR 487.08(2)
(2) Criteria for annual compliance plan approval. The department's criteria for granting approval or conditional approval of the covered fleet operator's annual compliance plan shall include all of the following:
NR 487.08(2)(a)
(a) The annual compliance plan is submitted on forms prescribed by the department.
NR 487.08(2)(d)
(d) The annual compliance plan includes sufficient and appropriate information to ensure that the covered fleet operator's new vehicle acquisitions include the number of clean fuel fleet vehicles needed to comply with the requirements under
s. NR 487.03.
NR 487.08(2)(e)
(e) The plan contains any other information necessary to demonstrate compliance with the requirements of this chapter.
NR 487.08(3)
(3) Annual compliance approval or conditional approval. If the compliance plan meets the criteria of
sub. (2), the department shall approve the plan as submitted. If the department determines that modifications to the plan are necessary, the department may conditionally approve the plan, provided the covered fleet operator modifies the plan within 60 days according to the recommendations made by the department.
NR 487.08(4)
(4) Annual compliance plan disapproval. If a covered fleet operator submits an annual compliance plan which fails to meet the criteria of
sub. (2), the department may disapprove it and require the submittal of another annual compliance plan within 60 days of the department's disapproval notification. The department shall provide the reasons for all disapprovals in writing to the covered fleet operator. If the resubmitted annual compliance plan fails to meet the criteria of
sub. (2), the department may impose a plan which satisfies the criteria of
sub. (2).
NR 487.08(5)
(5) Annual compliance plan modifications. Covered fleet operators shall notify the department concerning any significant modifications to the department approved annual compliance plan. The department shall determine whether the modifications affect the approval status of the covered fleet operator's annual compliance plan and shall provide a written response within 60 days approving or disapproving of the modifications.
NR 487.08 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.09
NR 487.09 Clean fuel fleet acquisition credit program. NR 487.09(1)(1)
Eligibility. Each covered fleet operator shall be eligible to generate, hold and trade acquisition credits which represent compliance beyond the program minimum. Acquisition credits shall be generated if the minimum compliance requirements of this chapter are exceeded in any of the following ways:
NR 487.09(1)(a)
(a) The covered fleet operator acquires more clean fuel fleet vehicles than required in any one year.
NR 487.09(1)(b)
(b) The covered fleet operator acquires vehicles which meet stricter emission standards than those required.
NR 487.09(1)(c)
(c) The covered fleet operator acquires clean fuel fleet vehicles in exempt categories which are part of a covered fleet.
NR 487.09(1)(d)
(d) The covered fleet operator acquires clean fuel fleet vehicles in the period after November 15, 1990 but before the beginning of the 1999 MY.
NR 487.09(2)
(2) Determination, issuance and redemption of acquisition credits. Acquisition credits available shall be determined by the department from information submitted by covered fleet operators. The acquisition credits shall be issued and redeemed by the department upon the request of a covered fleet operator.
NR 487.09(3)
(3) Use of acquisition credits. Acquisition credits may be held for use at a later time. Covered fleet operators may use the credits to show compliance with the acquisition requirements within the same vehicle weight class by submitting them for redemption to the department or may trade or sell the credits to another covered fleet operator in the covered area.
NR 487.09(4)
(4) Acquisition credit trading calculations. Calculations regarding acquisition credit trading shall be based on the low emission vehicle standards as shown in Tables 1 and 2. Credit trading shall be based on the combined NMOG+NO
x reduction in the emissions and shall be tracked to the hundredth's place.
NR 487.09(4)(a)
(a) LDV and LDT acquisition credit values. Acquisition credit values for LDVs and LDTs shall be appropriately weighted to reflect the level of emission reductions achieved by the vehicles and normalized to the vehicle equivalent reduction required by LDVs certified to the LEV standards as listed in Tables 3, 4 and 5.
NR 487.09(4)(b)
(b) HDV subclass trading. Acquisition credit trading between subclasses of HDVs shall be within the subclass or from a heavier subclass to a lighter subclass without proration on a one-to-one basis. To ensure proper subclass trading, credits for HDVs shall be designated by each HDV subclass as either heavy, medium or light HDV credits as listed in Tables 6, 7 and 8.
NR 487.09(5)
(5) Acquisition credit information. Covered fleet operators selling or trading acquisition credits or using them for compliance shall maintain information on and document all credits and credit transactions, including sale, trade and redemption. The information with all supporting documents shall be made available, upon request, to the department for inspection and audit.
NR 487.09 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95; am. (1) (d),
Register, September, 1998, No. 513, eff. 10-1-98.
NR 487.10
NR 487.10 Transportation control measure exemptions for clean fuel fleet vehicles. NR 487.10(1)(a)(a) All clean fuel fleet vehicles registered under
s. NR 487.05 shall be equally exempt from time-of-day, day-of-week and other similar temporal-based transportation control measures (TCMs), established wholly or partially for air quality reasons in the covered area.
NR 487.10(1)(b)
(b) Exempt vehicles in partially covered fleets that are generating acquisition credits for covered fleet vehicles as specified in
s. NR 487.09 (1) (c) shall be exempt from temporal-based TCMs.
NR 487.10(1)(c)
(c) Following EPA approval of this chapter as part of Wisconsin's ozone SIP, but before the beginning of the 1999 MY, covered clean fuel fleet vehicles shall be exempt from temporal-based TCMs.
NR 487.10(2)(a)(a) The TCM exemptions may not be traded or transferred to another vehicle within or outside the covered fleet and may not be effective outside the covered area.
NR 487.10(2)(b)
(b) The TCM exemptions shall be effective as long as the clean fuel fleet vehicle remains in compliance with the applicable emission standards in Table 1 or 2 and other program requirements.
NR 487.10(3)
(3) TCM Exemptions for ILEVs. Clean fuel fleet vehicles which are ILEVs shall be eligible for nontemporal-based TCM exemptions, including the exemption from restrictions on high occupancy vehicle (HOV) lanes, but are not eligible for bus-only HOV lanes or for any exemption which would create a clear and direct safety hazard.
NR 487.10 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95; am. (1) (c),
Register, September, 1998, No. 513, eff. 10-1-98.
NR 487.11
NR 487.11 Labeling of clean fuel fleet vehicles. Covered fleet operators shall label the clean fuel fleet vehicles except ILEVs using a label design developed by the department, identifying each vehicle by its type of emission standard certification, LEV, ULEV or ZEV, and fuel type. Any subsequent federal rule established for consistent labeling of alternative fuel vehicles will be incorporated into the department's labeling requirements. ILEV label design shall be consistent with the requirements specified in EPA's clean fuel fleet regulations in
40 CFR 88.312-
93.
NR 487.11 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.12
NR 487.12 Requirement for fuel providers. Where technically and economically feasible, fuel providers shall make clean alternative fuel available to covered fleet operators at locations at which covered fleet vehicles are centrally fueled.
NR 487.12 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.13
NR 487.13 Recordkeeping and monitoring. Covered fleet operators shall retain copies of their compliance plan forms for a period of not less than 3 years. Covered fleet operators shall also maintain records of information relevant to the development and implementation of the approved compliance plans. The department may inspect, verify and audit covered fleet operators' compliance plan records and monitor activities related to the compliance records.
NR 487.13 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
