Chapter NR 487

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)(c) (c) Vehicles transferred as part of an employe transfer.

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(40) (40) “NMHC” means nonmethane hydrocarbons.

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

NR 487.02(48) (48) “Ultra low-emission vehicle” or “ULEV” means any LDV or LDT conforming to the applicable ULEV standard, or any HDV with an engine conforming to the applicable ULEV standard.

NR 487.02(49) (49) “VIN” means the manufacturer’s vehicle identification number.

NR 487.02(50) (50) “Zero emission vehicle” or “ZEV” means any LDV or LDT conforming to the applicable ZEV standard, or any HDV conforming to the applicable ZEV standard.

NR 487.02 History History: Cr. Register, May, 1995, No. 473, eff. 6-1-95.

NR 487.03 NR 487.03 General requirements.

NR 487.03(1) (1) General requirements. Each covered fleet operator shall include in the fleet’s annual new vehicle acquisitions the following percentage of vehicles which meet the clean fuel fleet vehicle exhaust emission standards of this chapter:

NR 487.03(1)(a) (a) 30% of all LDVs and LDTs and 50% of all light and medium HDVs purchased or otherwise newly acquired in model year 1999.

NR 487.03(1)(b) (b) 50% of all LDVs and LDTs and 50% of all light and medium HDVs purchased or newly acquired in model year 2000.

NR 487.03(1)(c) (c) 70% of all LDVs and LDTs and 50% of all light and medium HDVs purchased or newly acquired in model year 2001 and every model year thereafter.

NR 487.03(2) (2) Compliance options. The acquisition percentage requirements of sub. (1) may be met in any of the following ways:

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(2)(c) (c) By redeeming acquisition credits.

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)(a) (a) The name and address of the fleet operator.

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) (3) Trip profile calculations.

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) (1) Annual compliance plan submittal.

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)(b) (b) The information on the forms is complete and legible.

NR 487.08(2)(c) (c) The information and data on the forms are accurate.

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.