Register, November, 1999, No. 527
Chapter NR 487
CLEAN FUEL FLEET PROGRAM
NR 487.01 Applicability; purpose.
NR 487.03 General requirements.
NR 487.06 Clean fuel fleet annual compliance plan.
NR 487.07 Annual compliance plan submittal deadline.
NR 487.08 Annual compliance plan review, approval and disapproval process.
NR 487.09 Clean fuel fleet acquisition credit program.
NR 487.10 Transportation control measure exemptions for clean fuel fleet vehicles.
NR 487.11 Labeling of clean fuel fleet vehicles.
NR 487.12 Requirement for fuel providers.
NR 487.13 Recordkeeping and monitoring.
NR 487.14 Enforcement procedures and penalties.
NR 487.01(1)
(1)
Applicability. This chapter applies to all fleet operators with 10 or more covered fleet vehicles which can be centrally fueled and which operate in the counties of Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha.
NR 487.01(2)
(2) Purpose. The purpose of this chapter is to establish, pursuant to
s. 285.35, Stats., and
42 USC 7511a (c) (4) and
7581 to
7590, and in accord with
40 CFR part 88, the requirements for a clean fuel fleet program to reduce the emissions of volatile organic compounds and oxides of nitrogen from fleet vehicles.
NR 487.01 History
History: Cr.
Register, May, 1995, No. 473, eff. 6-1-95.
NR 487.02
NR 487.02
Definitions. The definitions contained in
ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 487.02(1)
(1) “Adjusted loaded vehicle weight" or “ALVW" means the average of a vehicle's curb weight plus its gross vehicle weight rating.
NR 487.02(2)
(2) “Can be centrally fueled" means the sum of those vehicles that are centrally fueled and those vehicles that are capable of being centrally fueled.
NR 487.02(3)
(3) “Capable of being centrally fueled" means a fleet, or that part of a fleet, consisting of vehicles that could be fueled 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 one or more vehicles in a fleet are not capable of being centrally fueled does not exempt an entire fleet from the program.
NR 487.02(4)
(4) “Centrally fueled" means a fleet, or that part of a fleet, consisting of vehicles that are fueled 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 100% of the time shall be considered to be centrally fueled for the purpose of this definition. The fact that one or more 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 that it could not be centrally fueled in accordance with the definition of “capable of being centrally fueled".
NR 487.02(5)
(5) “Clean alternative fuel" means any fuel, including methanol, ethanol, blends of at least 85% alcohol with another fuel, natural gas, liquefied petroleum gas, reformulated gasoline, diesel or hydrogen, or the power source, including electricity, used in a clean fuel vehicle, that complies with the standards and requirements applicable under
42 USC 7581 to
7590 when the fuel or power source is used in a vehicle.
NR 487.02(6)
(6) “Clean fuel fleet vehicle" means a fleet vehicle below 26,000 pounds GVWR which has been certified by the manufacturer or converter to meet, for any model year, a set of emission standards that classifies it as a low- emission vehicle (LEV), ultra low-emission vehicle (ULEV), zero emission vehicle (ZEV), or inherently low-emission vehicle (ILEV).
NR 487.02(7)
(7) “Combination heavy-duty vehicle" means a vehicle with a gross vehicle weight rating (GVWR) greater than 8,500 pounds (3,900 kilograms) which is comprised of a truck-tractor and one or more pieces of trailered equipment. The truck-tractor is built on one chassis which encompasses the engine, passenger compartment and a means of coupling to a cargo carrying trailer. The truck-tractor itself is not designed to carry cargo.
NR 487.02(8)
(8) “Contract fueling" means having a refueling contract agreement or arrangement with a service station or other facility, or receiving special refueling benefits from such a service station or facility, or both. Commercial fleet credit cards are considered to be a refueling agreement.
NR 487.02(9)(a)
(a) When it is used as a function of ownership rights to join all entities under common management, any one or a combination of the following:
NR 487.02(9)(a)1.
1. A third person or firm has equity ownership of 51% or more in each of 2 or more firms.
NR 487.02(9)(a)2.
2. Two or more firms have common corporate officers, in whole or in substantial part, who are responsible for the day-to-day operation of the companies.
NR 487.02(9)(a)3.
3. One firm leases, operates, supervises or in 51% or greater part owns equipment or facilities or both used by one or more other persons or firms. In this case, the combined vehicles of both firms, or multiple firms in the case of 3 or more, shall be used to determine the number of vehicles owned by the entities which are subject to the fleet program.
NR 487.02(9)(b)
(b) When it is used to refer to the management of vehicles, a person has the authority to make decisions about vehicle use regarding who can operate a particular vehicle and the purpose for which the vehicle can be operated.
NR 487.02(9)(c)
(c) When it is used to refer to the management of employes, a person has the authority to direct the activities of the individual or employe in a precise situation, such as at the workplace.
NR 487.02(10)
(10) “Converted vehicle" means a vehicle that has been retrofitted to use one of the clean alternative fuels or a combination of fuels and meets the emission standards for that class of LEVs.
NR 487.02(11)
(11) “Converter" means any person who manufactures or installs a conversion system to convert a motor vehicle to a clean fuel fleet vehicle which meets the emission standards for that clean fuel fleet vehicle category.
NR 487.02(12)
(12) “Covered area" means Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha counties.
NR 487.02(13)
(13) “Covered fleet" means 10 or more covered fleet vehicles which are owned or operated by a single person. In determining the number of vehicles owned or operated by a single person for the purposes of this chapter, all covered fleet vehicles owned or operated, leased or otherwise controlled by the person, by any person who controls that person, by any person controlled by that person, and by any person under common control with that person shall be treated as owned by that single person.
NR 487.02(14)
(14) “Covered fleet operator" means a person who operates a fleet of at least 10 covered fleet vehicles in a covered area.
NR 487.02(15)
(15) “Covered fleet vehicle" means a motor vehicle below 26,000 pounds GVWR which is in a vehicle class for which standards are applicable under this chapter and is a part of a covered fleet which can be centrally fueled.
NR 487.02(16)
(16) “Curb weight" means the actual manufacturer's estimated weight of the vehicle in operational status with all standard equipment plus the weight of fuel at normal tank capacity and the weight of optional equipment.
NR 487.02(17)
(17) “Dealer" means any person who is engaged in the sale, lease or distribution of new motor vehicles or new motor vehicle engines to the ultimate purchaser or lessee.
NR 487.02(18)
(18) “Dealer demonstration vehicle" means a vehicle that is operated by a motor vehicle dealer solely for the purpose of promoting motor vehicle sales, either on the sales lot or through other marketing or sales promotions, or for permitting potential customers to drive the vehicle for pre-purchase or pre-lease evaluation.
NR 487.02(19)
(19) “Dual fuel vehicle" means any motor vehicle that is capable of operating on 2 fuel sources, but not on a mixture of the fuels.
NR 487.02(20)
(20) “Emergency vehicle" means any vehicle that is legally authorized by a governmental authority to exceed the speed limit to transport people and equipment to and from situations in which speed is required to save lives or property, such as a rescue vehicle, fire truck or ambulance.
NR 487.02(21)
(21) “Fleet operator" means a person who operates a fleet of at least 10 fleet vehicles in a covered area.
NR 487.02(22)
(22) “Fuel provider" means any entity that produces, sells, transports, imports or stores motor fuel, or any entity that generates, transmits, imports or sells electricity.
NR 487.02(23)
(23) “Garaged at a personal residence under normal circumstances" 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.
NR 487.02(24)
(24) “Gross vehicle weight rating" or “GVWR" means the weight specified by the vehicle manufacturer as the maximum allowable loaded weight of a single vehicle.
NR 487.02(25)
(25) “Heavy-duty vehicle" or “HDV" means a motor vehicle with a GVWR greater than 8,500 pounds, and identified as being in one of 3 subclasses:
NR 487.02(25)(a)
(a) “Light HDV" or “LHDV" means a motor vehicle with a GVWR of 8,501 to 19,500 pounds.
NR 487.02(25)(b)
(b) “Medium HDV" or “MHDV" means a motor vehicle with a GVWR of 19,501 to 26,000 pounds.
NR 487.02(25)(c)
(c) “Heavy HDV" or “HHDV" means a motor vehicle with a GVWR of 26,001 pounds or greater.
NR 487.02(26)
(26) “Hybrid electric vehicle" means an electric powered vehicle with a nonelectric primary or supplemental fuel source.
NR 487.02(27)
(27) “Inherently low-emission vehicle" or “ILEV" means any light-duty vehicle or light-duty truck conforming to the applicable ILEV standard, or any heavy-duty vehicle with an engine conforming to the applicable ILEV standard. 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.
NR 487.02(28)
(28) “Law enforcement vehicle" means any vehicle which is primarily operated by a civilian or military police officer, sheriff or sheriff's deputy, or by personnel of the federal bureau of investigation, the federal drug enforcement administration, or other agencies of the federal government, or by state highway patrols, or other similar law enforcement agencies, 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 88.302-
94 shall apply.
NR 487.02(31)
(31) “Light-duty" means a motor vehicle with a GVWR of 8,500 pounds or less.
NR 487.02(32)
(32) “Location" means any building, structure, facility or installation which is owned or operated by a person, or is under the control of a person, is located on one or more contiguous properties, and contains or could contain a fueling pump or pumps for the use of the vehicles owned or controlled by that person.
NR 487.02(33)
(33) “Low-emission vehicle" or “LEV" means any light-duty vehicle or light-duty truck conforming to the applicable LEV standards, or any heavy-duty vehicle with an engine conforming to the applicable LEV standards.
NR 487.02(34)
(34) “Loaded vehicle weight" or “LVW" means a vehicle's curb weight (in pounds) plus 300 pounds.
NR 487.02(35)
(35) “Model year" or “MY" as it applies to the clean fuel fleet acquisition means from September 1 through August 31. A model year is numbered according to the calendar year of the January that falls within the model year.
NR 487.02(36)
(36) “Motor vehicle" means any self-propelled vehicle having 4 or more wheels on the ground, designed for transporting persons or property on a street or highway.
NR 487.02(37)
(37) “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, pursuant to a contract.
NR 487.02(38)
(38) “Motor vehicles used for motor vehicle manufacturer product evaluations and tests" means vehicles that are owned and operated by a motor vehicle manufacturer or motor vehicle component manufacturer, or owned or held by a university research department, independent testing laboratory, or other evaluation facility, solely for the purpose of evaluating the performance of the vehicles for engineering, research and development, or quality control reasons.
NR 487.02(39)
(39) “New covered fleet vehicle" means a vehicle that has not been previously controlled by the current purchaser, regardless of the model year. New covered fleet vehicle does not include any of the following:
NR 487.02(39)(a)
(a) Vehicles that were manufactured before the start of the fleet program, for the vehicle's weight class.
NR 487.02(39)(b)
(b) Vehicles transferred due to the purchase of a company not previously controlled by the purchaser or due to a consolidation of business operations.
NR 487.02(39)(d)
(d) Vehicles transferred for seasonal requirements, i.e., for a period of less than 120 days.
NR 487.02 Note
Note: “New covered fleet vehicle" as defined here is distinct from “new vehicle" as that term applies to manufacturer or converter certification, including the certification of vehicles to the clean fuel fleet vehicle standards.
NR 487.02(41)
(41) “NMOG" means nonmethane organic gas which is the sum of nonoxygenated and oxygenated hydrocarbons contained in a gas sample, excluding methane but including, at a minimum, all oxygenated organic gases containing 5 or fewer carbon atoms, i.e., aldehydes, ketones, alcohols and ethers, and all known alkanes, alkenes, alkynes and aromatics containing 12 or fewer carbon atoms.
NR 487.02(42)
(42) “Operational range" means the distance that a vehicle is able to travel round trip on a single fueling.
NR 487.02(43)
(43) “Owned or operated, leased or otherwise controlled by a single person" means either the person holds the beneficial title to the vehicle, or the person uses the vehicle for transportation purposes pursuant to a contract or similar arrangement, the term of the contract or similar arrangement is for a period of 120 days or more, and the person has control over the vehicle pursuant to the definition of control in
sub. (9).
NR 487.02(44)
(44) “Partially-covered fleet" means a vehicle fleet in a covered area which contains both covered fleet vehicles and non-covered fleet vehicles. Non-covered fleet vehicles are vehicles which are exempt from covered fleet acquisition requirements.
NR 487.02(45)
(45) “Person" includes an individual, corporation, company, cooperative, operator, partnership, association, state, municipality or political subdivision of the state, and any agency, department or instrumentality of the United States and any officer, agent or employe thereof.
NR 487.02(46)
(46) “Single-unit heavy-duty vehicle" means a motor vehicle with a GVWR greater than 8,500 pounds (3,900 kilograms) built on one chassis which encompasses the engine, passenger compartment, and cargo carrying function, and not coupled to trailered equipment. All buses, whether articulated or not, are considered single-unit vehicles.
NR 487.02(47)
(47) “Transportation control measure" or “TCM" means any measure that is one of the types listed in
42 USC 7408, or any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or
