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