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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. NR 487.07NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95; am., Register, September, 1998, No. 513, eff. 10-1-98. NR 487.08NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. NR 487.09NR 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+NOx 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95; am. (1) (d), Register, September, 1998, No. 513, eff. 10-1-98. NR 487.10NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95; am. (1) (c), Register, September, 1998, No. 513, eff. 10-1-98. NR 487.11NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. NR 487.12NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. NR 487.13NR 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 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. NR 487.14NR 487.14 Enforcement procedures and penalties. Covered fleet operators shall be subject to department enforcement procedures and penalties in accordance with ss. 285.83 and 285.87, Stats., and ch. NR 494 if they fail to comply with the requirements of this chapter. NR 487.14 HistoryHistory: Cr. Register, May, 1995, No. 473, eff. 6-1-95. Table 1
Emission Standards for Light-duty Vehicles
(grams/mile)
*Federal Light-duty vehicle tailpipe emission standards for MY 1994 and later.
1 For the purposes of acquisition credit calculation, NMHC is assumed to be equal to NMOG.
2 HCHO is formaldehyde.
3 Standards for PM (particulate matter) apply only to diesel fueled vehicles.
Table 2
Emission Standards for Heavy-duty Vehicles
(grams/brake horsepower-hour)
1Standards for PM (particulate matter) apply only to diesel fueled vehicles.
Table 3
Acquisition Credit Generation -
Vehicle Equivalent for LDVs and LDTs
With Purchase of More Clean Fuel Fleet Vehicles than Required by the Mandate
Table 4
Acquisition Credit Generation -
Vehicle Equivalent for LDVs and LDTs
With Purchase of a ULEV or ZEV to Meet the Mandate
Table 5
Vehicle Equivalent for LDVs and LDTs
Credit Needed in lieu of Purchasing a LEV to meet the Mandate
Table 6
Acquisition Credit Generation - Vehicle Equivalent for HDVs
With Purchase of More Clean Fuel Fleet Vehicles than Required by
the Mandate
Table 7
Acquisition Credit Generation - Vehicle Equivalent for HDVs
With Purchase of a ULEV or a ZEV to Meet the Mandate
Table 8
Vehicle Equivalent for HDV
Credit Needed in Lieu of Purchasing a LEV to Meet the Mandate
