TITLE 35: ENVIRONMENTAL PROTECTION

SUBPART A: GENERAL PROVISIONS
SUBPART B: GENERAL REQUIREMENTS
SUBPART C: CREDITS

SUBTITLE B

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER II: POLLUTION CONTROL BOARD

PART 241

CLEAN FUEL FLEET PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

241.101 Other Definitions

241.102 Definitions

241.103 Abbreviations

241.104

Incorporations by Reference

SUBPART B: GENERAL REQUIREMENTS

Section

241.110 Applicability

241.111 Exemptions

241.112

Registration of Fleet Owners or Operators

241.113 Control Requirements

241.114 Conversions

241.115 Operating Requirements

SUBPART C: CREDITS

Section

241.130

Clean Fuel Fleet Credit Program

241.131 Credit Provisions

SUBPART D: RECORDKEEPING AND REPORTING

Section

241.140 Reporting Requirements

241.141 Recordkeeping Requirements

241.142

Report of Credit Activities

APPENDIX A

Emission Standards for Clean Fuel Vehicles

TABLE A

Low Emission Vehicle (LEV) Standards for Light-Duty Clean Fuel

Vehicles (g/mi)

TABLE B

Ultra-Low Emission Vehicle (ULEV) Standards for Light-Duty Clean Fuel

Vehicles (g/mi)

TABLE C

NMOG Standards for Flexible-Fueled and Dual-Fueled Vehicles

TABLE D

Emission Standards for Model Year 1998 and Later Heavy-Duty Vehicles

Credit Generation: Acquiring a Light-Duty Clean Fuel Vehicle before MY

1999 or Acquiring More Light-Duty Clean Fuel Vehicles than Required

TABLE B

Credit Generation: Acquiring Light-Duty ULEV or ZEV Clean Fuel

Vehicles

TABLE C

Credits Needed in Lieu of Acquiring a Light-Duty LEV

TABLE D

Credit Generation: Acquiring a Heavy-Duty Clean Fuel Vehicle before MY

1999 or Acquiring More Heavy-Duty Clean Fuel Vehicles than Required

TABLE E:

Credit Generation: Acquiring Heavy-Duty ULEV or ZEV Clean Fuel

Vehicles

TABLE F:

Credits Needed in Lieu of Acquiring a Heavy-Duty LEV

AUTHORITY: Implementing Sections 9, 9.1, and 10 and authorized by Sections 27 and

28.5 of the Environmental Protection Act (415 ILCS 5/9, 9.1, 10, 27, and 28.5).

SOURCE: Adopted at R95-12 at 19 Ill. Reg. 13265, effective September 11, 1995;

amended in R98-8, at 21 Ill. Reg. 15767, effective November 25, 1997.

SUBPART A: GENERAL PROVISIONS

Section 241.101 Other Definitions

Unless otherwise defined herein and unless a different meaning of a term is clear from its

context, the definitions of terms used in this Part shall have the meanings specified by 35

Ill. Adm. Code 201.102 and 35 Ill. Adm. Code 211. The definitions in Section

241.102 of this Part are applicable only to the provisions of this Part.

Section 241.102 Definitions

"Adjusted loaded vehicle weight (ALVW)" means the numerical average

of the vehicle curb weight and the GVWR, as designated by the

manufacturer.

"Capable of being centrally fueled" means a motor vehicle that could be

refueled 100 percent of the time at a location that is owned, operated, or

controlled by the covered fleet owner or operator, or is under contract with

the covered fleet owner or operator. Motor vehicles that are under normal

conditions garaged at a personal residence are not considered to be

capable of being centrally fueled and are exempt from the program unless

they are, in fact, centrally fueled. The fact that one or more motor vehicles

in a fleet are not capable of being centrally fueled does not exempt an

entire fleet from the program. To determine whether a motor vehicle is

capable of being centrally fueled 100 percent of the time, the owner or

operator shall perform the following calculation for each motor vehicle in

the fleet for which an exemption under Section 241.111(a)(10) is being

claimed, and, annually thereafter, if additional new covered fleet vehicles

are acquired and an exemption is claimed under Section 241.111(a)(10):

For each motor vehicle, sum the miles it is driven for a three month

period beginning May 1, or the first day of the first full month in

which the fleet may be covered.

Divide total miles for the given time period for each motor vehicle

by its number of round trips. A round trip occurs each time a

motor vehicle leaves its location or a contracted refueling station

and returns to its location or a contracted refueling station.

If the average number of miles per round trip for the motor vehicle

is less than 300 miles, then the motor vehicle is capable of being

centrally fueled.

“Centrally fueled” means a motor vehicle that is fueled 100 percent of the

time at a location that is owned, operated, or controlled by the covered

fleet owner or operator, or is under contract with the covered fleet owner

or operator. Any motor vehicle that is under normal operations garaged at

a personal residence at night but that is, in fact, centrally fueled 100

percent of the time shall be considered to be centrally fueled for the

purpose of this definition. The fact that one or more motor vehicles in a

fleet are not centrally fueled does not exempt an entire fleet from the

program.

"Clean alternative fuel" means any fuel (including methanol; ethanol; or

other alcohols containing 85 percent or more by volume of such alcohol

with gasoline or other fuels; reformulated gasoline; diesel; natural gas;

liquefied petroleum gas; and hydrogen) or power source (including

electricity) used in a clean fuel vehicle that complies with the standards

and requirements applicable to such motor vehicle under this Part when

using such fuel or power source. In the case of any flexible fueled vehicle

or dual fueled vehicle, the term "clean alternative fuel" means only a fuel

with respect to which such motor vehicle was certified as a clean fuel

vehicle meeting the emission standards applicable to such motor vehicle

weight class as set forth in Appendix A and in 40 CFR Part 88, Subpart A,

incorporated by reference at Section 241.104 of this Subpart, when

operating on clean alternative fuel.

"Clean fuel vehicle" means a motor vehicle in a class or category of motor

vehicles (e.g., LDVs, LDTs, or HDVs) which have been certified by

USEPA to meet the clean fuel vehicle standards applicable under Subpart

B of this Part.

"Control" shall have the following meanings:

When it is used to join all entities under common management,

means any one or a combination of the following:

Any person that has equity ownership of 51 percent or

more in each of two or more firms;

Two or more firms have common officers, in whole or in

substantial part, who are responsible for the day-to-day

operation of the companies; or

One firm leases, operates, supervises or in 51 percent or

greater part owns equipment and/or facilities used by

another person or firm, or has equity ownership of 51

percent or more of another firm.

When it is used to refer to the management of motor vehicles,

means a person has the authority to decide who can operate a

particular motor vehicle, and the purposes for which the motor

vehicle can be operated.

When it is used to refer to the management of people, means a

person has the authority to direct the activities of another person or

employee in a precise situation, such as at the workplace.

"Covered area" means the Chicago area counties of Cook, DuPage, Kane,

Lake, McHenry and Will and the Townships of Aux Sable and Goose

Lake in Grundy County and the Township of Oswego in Kendall County.

"Covered fleet" means ten or more covered fleet vehicles which are owned

or operated by a person. In determining the number of covered fleet

vehicles owned or operated by a person for purposes of this Part, all motor

vehicles owned or operated, leased or otherwise controlled by such person,

and by any person who controls such person, and by any person under

common control with such person, shall be treated as owned by such

person. Covered fleets include distributed and partially covered fleets.

"Covered fleet owner or operator" means a person who operates, owns, or

controls a fleet of at least ten covered fleet vehicles that are located or

primarily operated in the covered area (even if the covered fleet vehicles

are garaged outside of the covered area).

"Covered fleet vehicle" means a motor vehicle which is:

In a vehicle class for which standards are applicable under this

Part; and

In a covered fleet which is centrally fueled or capable of being

centrally fueled. Covered fleet vehicle shall not include motor

vehicles exempt under Section 241.111 of this Part.

"Curb weight" means the empty weight of the motor vehicle, without load

or passengers, as designated by the manufacturer.

"Date of vehicle acquisition" means the date on which legal or equitable

title was transferred to the current owner or operator of the motor vehicle.

"Dealer" means any person whose primary business is in the sale or the

distribution of motor vehicles to a purchaser or an ultimate purchaser.

"Dealer demonstration vehicle" means any motor vehicle that is operated

by a 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 purchasers to drive the motor vehicle for pre-purchase

or pre-lease evaluation.

"Distributed fleet" means a fleet which is owned by a person or covered

fleet owner or operator, but whose motor vehicles are operated in the

covered area from different locations. A distributed fleet is considered to

be a covered fleet if it consists of ten or more covered fleet vehicles which

are located in or primarily operated in the covered area.

"Dual fueled vehicle" means any motor vehicle engineered and designed,

or converted in accordance with Sections 241.113(e) and 241.114 of this

Part, such that it may be operated on two different fuels, but not on a

mixture of the fuels.

"Emergency vehicle" means any motor 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.

"Fleet" means 10 or more motor vehicles that are under the control of a

person.

"Flexible fueled vehicle" means any motor vehicle engineered and

designed, or converted in accordance with Sections 241.113(e) and

241.114 of this Part, such that it may be operated on any mixture of two or

more different fuels.

"Gross Vehicle Weight Rating (GVWR)" means the total vehicle weight,

including the maximum load, as designated by the original equipment

manufacturer.

"Heavy-duty vehicle (HDV)" means a motor vehicle whose GVWR is

more than 8,500 lbs but less than or equal to 26,000 lbs. Emission

standards and credit values for HDVs are set forth in the tables found in

Appendices A and B, respectively, of this Part.

"Inherently Low Emission Vehicle (ILEV)" means any LDV or LDT

certified to the applicable ILEV evaporative emission standard found in 40

CFR Part 88, incorporated by reference at Section 241.104 of this Subpart,

or any HDV with an engine certified to the applicable ILEV standard. No

dual fueled or flexible fueled vehicle shall be considered an ILEV unless it

is certified to the applicable standard(s) (i.e., LEV, ULEV or ZEV) for

such weight class on all fuel types for which it is designed to operate.

"Law enforcement vehicle" means any motor vehicle which is primarily

operated by a civilian or military police officer or sheriff, or by personnel

of the Federal Bureau of Investigation, the Drug Enforcement

Administration, or other agencies of the federal government, or by state

highway patrols, municipal law enforcement agencies, 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.

"Light-duty truck (LDT)" means a motor vehicle whose GVWR is no

more than 8,500 lbs. Emission standards and credit values for LDTs are

set forth in the tables found in Appendices A and B, respectively, of this

Part.

"Light-duty vehicle (LDV)" means a motor vehicle whose GVWR is no

more than 6,000 lbs. Emission standards and credit values are set forth in

the tables found in Appendices A and B, respectively, of this Part.

"Loaded vehicle weight (LVW)" means the curb weight of the vehicle, as

specified by the manufacturer, plus 300 lbs.

"Location" means any building, structure, facility, or installation which is

owned or operated by a person, or is under the control of a person, or is

located on one or more contiguous properties and contains or could

contain a fueling pump(s) or system for the use of the vehicles owned or

controlled by that person.

"Low Emission Vehicle (LEV)" means any LDV or LDT, or any HDV

with an engine certified to the applicable federal low emission vehicle

standard, as set forth in Appendix A of this Part and in 40 CFR Part 88,

incorporated by reference in Section 241.104 of this Subpart.

"Manufacturer" means any person engaged in the manufacturing or

assembling of new motor vehicles, new motor vehicle engines, new

nonroad vehicles or new nonroad engines; or importing such vehicles or

engines for resale; or who acts for and is under the control of any such

person in connection with the distribution of new motor vehicles, new

motor vehicle engines, new nonroad vehicles or new nonroad engines, but

shall not include any dealer with respect to new motor vehicles, new motor

vehicle engines, new nonroad vehicles, or new nonroad engines received

by such dealer in commerce.

"Model year (MY)" means September 1 of any year through August 31 of

the following year (e.g., September 1, 1997 through August 31, 1998 is

MY 1998).

"Motor vehicle" means any self-propelled vehicle designed for

transporting persons or property on a street or highway.

"Motor vehicle held for lease or rental to the general public" means a

motor 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.

"New covered fleet vehicle" means a motor vehicle that has not been

previously controlled by the current owner or operator, regardless of the

model year, except as follows: motor vehicles that were manufactured

before the start of the fleet program for such motor vehicle's weight class,

motor vehicles transferred due to the purchase of a company not

previously controlled by the owner or operator or due to a consolidation of

business operations, motor vehicles transferred as part of an employee

transfer, or motor vehicles transferred for seasonal requirements (i.e., less

than 120 days) are not considered new. This definition of new covered

fleet vehicle is distinct from the definition of new motor vehicle as it

applies to manufacturer certification, including the certification of motor

vehicles to the clean fuel standards.

"New motor vehicle" means a motor vehicle the equitable or legal title to

which has never been transferred to an ultimate purchaser.

"Owned or operated, leased or otherwise controlled by such person"

means either of the following:

Such person holds the beneficial title to such motor vehicle; or

Such person uses the motor vehicle for transportation purposes

pursuant to a contract or similar arrangement, and the term of such

and such person has control over the motor vehicle.

"Partially-covered fleet" means a fleet of 10 or more motor vehicles that is

located or primarily operated in the covered area and which contains both

covered fleet vehicles and exempted fleet vehicles.

"Person" means an individual, corporation, partnership, association, state,

municipality, political subdivision of a state, and any agency, department,

or instrumentality of the United States and any officer, agent, or employee

thereof.

"Primarily operated in the covered area" means at least 75 percent of the

miles driven annually by a nonexempt motor vehicle are in the covered

area. To determine whether a motor vehicle is primarily operated in the

covered area, the owner or operator of a covered fleet shall, for each motor

vehicle that it is claiming is not primarily operated in the covered area,

perform the following calculation:

Sum the number of miles the motor vehicle is driven annually in

the covered area;

Sum the number of miles the motor vehicle is driven annually

outside of the covered area; and

If the annual number of miles driven in the covered area is at least

75% of all miles driven annually by the motor vehicle, then the

motor vehicle is considered to be primarily operated in the covered

area.

"Ultimate purchaser" means with respect to a new motor vehicle, the first

person who in good faith purchases such new motor vehicle or new engine

for purposes other than resale.

"Ultra Low Emission Vehicle (ULEV)" means any LDV or LDT, or any

HDV with an engine certified to the applicable federal ultra low emission

vehicle standard, as set forth in Appendix A of this Part and in 40 CFR

Part 88, Subpart A, incorporated by reference in Section 241.104 of this

Subpart.

"Under normal conditions garaged at a personal residence" means a motor

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, and/or business location.

"Vehicle used for motor vehicle manufacturer product evaluations and

tests" means a motor vehicle that is 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 such evaluation facility, solely for the purpose of

evaluating the performance of such motor vehicle for engineering,

research and development, or quality control reasons.

"Zero Emission Vehicle (ZEV)" means any LDV or LDT, or any HDV

certified to the applicable federal zero emission vehicle standard, as set

forth in Appendix A of this Part and in 40 CFR Part 88, Subpart A,

incorporated by reference in Section 241.104 of this Subpart.

Section 241.103 Abbreviations

Agency

Illinois Environmental Protection Agency

ALVW

adjusted loaded vehicle weight

CAA

Clean Air Act as amended in 1990

CO carbon

monoxide

g/bhp-hr

grams per brakehorsepower-hour

g/mi

grams per mile

GVWR

gross vehicle weight rating

HCHO formaldehyde

HDV heavy-duty vehicle

ILEV

inherently low emission vehicle

kg kilograms

lbs pounds

LDT light-duty truck

LDV light-duty vehicle

LEV

low emission vehicle

LVW

loaded vehicle weight

MY model year

NMOG

non-methane organic gas

NMHC

non-methane hydrocarbon

ultra low emission vehicle

VIN

vehicle identification number

ZEV

zero emission vehicle

Section 241.104 Incorporations by Reference

The following materials are incorporated by reference and do not contain any subsequent

additions or amendments:

a) Clean Fuel Vehicles, 40 CFR Part 88, Subpart A and 59 Fed. Reg. 50058

(September 30, 1994); and

b) Clean Fuel Fleet Program, 40 CFR Part 88, Subpart C (1993).

SUBPART B: GENERAL REQUIREMENTS

Section 241.110 Applicability

a) The requirements of this Part shall apply to owners or operators of

covered fleets. Covered fleets include distributed and partially covered

fleets.

b) Notwithstanding subsection (a) of this Section, an owner or operator of a

covered fleet who owns, operates, or controls motor vehicles which are

located or primarily operated in the covered area, but are regulated by the

state of Indiana or Wisconsin as part of that state's Clean Fuel Fleet

Program, as required by section 246 of the CAA, are only required to

comply with the requirements of Section 241.115 of this Subpart.

c) A fleet owner or operator who owns or leases fewer than ten covered fleet

vehicles shall become a covered fleet owner or operator on the date that

the owner or operator acquires legal or equitable title to a motor vehicle

which causes such fleet owner's or operator's fleet to equal or exceed ten

covered fleet vehicles.

Section 241.111 Exemptions

a) The following motor vehicles are exempt from the requirements of Section

241.113 of this Subpart and are not considered to be covered fleet vehicles

or included in the 10 motor vehicle count criterion of a covered fleet,

whether or not such motor vehicles are part of a covered fleet which is

subject to the control requirements of this Subpart:

1) Motor vehicles held for lease or rental to the general public;

2) Motor vehicles held for sale by dealers (including demonstration

vehicles);

3) Motor vehicles used for manufacturer product evaluations or tests;

4) Law enforcement vehicles and other emergency vehicles;

5) Motor vehicles not registered to operate on public roadways;

6) Motor vehicles in excess of 26,000 lbs GVWR;

7) Motor vehicles determined by the Secretary of Defense of the

United States to be exempt from the program for national security

reasons;

8) Antique vehicles as defined in Section 1-102.1 of the Illinois

Vehicle Code [625 ILCS 5/1-102.1];

9) Motorcycles, motor driven cycles, and motorized pedal cycles as

defined in Sections 1-147, 1-148, and 1-148.2 of the Illinois

Vehicle Code [625 ILCS 5/1-147, 1-148, and 1-148.2];

10) Motor vehicles that are not capable of being centrally fueled; and

11) Motor vehicles that are under normal conditions garaged at a

personal residence, unless they are, in fact, centrally fueled.

b) Notwithstanding subsection (a) of this Section, motor vehicles that are

exempt from the requirements of Section 241.113 of this Subpart, but are

part of a covered fleet, are subject to the reporting and recordkeeping

requirements in Sections 241.140 and 241.141 of this Part.

c) Owners or operators of a fleet claiming that a motor vehicle is exempt

under subsection (a)(10) of this Section must demonstrate that the motor

vehicle is not capable of being centrally fueled and must comply with the

recordkeeping requirements of Section 241.141(b) of this Part.

Section 241.112 Registration of Fleet Owners or Operators

a) An owner or operator of a covered fleet must apply for a fleet registration

number on or before September 1, 1997, or within 60 days after becoming

a covered fleet owner or operator, by providing the following information

to the Agency:

1) The owner's or operator's, and if applicable, the company's, name

and address;

2) Signature of the owner or operator;

3) The location of records and reports required by this Part, including

the contact person's name, address, and telephone number;

4) The number of motor vehicles in the fleet; and

5) The VIN for each motor vehicle and, if applicable, whether the

motor vehicle is exempt pursuant to Section 241.111 of this Part

and which exemption applies.

b) Fleet owners or operators shall include their fleet registration number on

all reports or other correspondence submitted to the Agency for the Clean

Fuel Fleet Program.

c) Fleet owners or operators participating in the credit program, as set forth

in Subpart C of this Part, must register with the Agency by providing the

information required in subsection (a) of this Section.

Section 241.113 Control Requirements

a) Any covered fleet owner or operator who acquires one or more new

covered fleet vehicles in a model year must meet the emission standards in

subsection (e) of this Section for the following percentages of new

covered fleet vehicle acquisitions:

1) The portion of the acquisition of light-duty new covered fleet

vehicles that must be light-duty clean fuel vehicles in any model

year (MY) are as follows:

A) In MY 1998, at least 30 percent;

B) In MY 1999, at least 50 percent; and

C) In MY 2000 and every MY thereafter, at least 70 percent.

2) The portion of the acquisition of heavy-duty new covered fleet

vehicles that must be heavy-duty clean fuel vehicles shall be 50

percent of the total number of heavy-duty new covered fleet

vehicles acquired in each model year, commencing in MY 1998

and thereafter.

b) Any fraction of a new clean fuel vehicle acquisition requirement resulting

from the percentage calculation in subsection (a)(1) or (a)(2) of this

Section may be carried over and added to the new clean fuel vehicle

acquisition requirement in the next model year for that type of clean fuel

vehicle (i.e. LDV and LDT, or HDV) in which an acquisition of such a

clean fuel vehicle is required pursuant to subsection (a) of this Section.

c) An owner's or operator's light-duty and heavy-duty clean fuel vehicle

acquisition requirements in a given model year shall be the number of

clean fuel vehicles calculated in subsections (a)(1) and (a)(2) of this

Section plus any fraction of the same category and weight class (i.e.,

LDV/LDT or HDV) of motor vehicle acquisition requirements carried

over from a preceding year.

d) Notwithstanding subsections (b) and (c) of this Section, in any model year

no owner or operator shall:

1) Fall short of the acquisition requirements for new LDV/LDT or

HDV clean fuel vehicles by an amount equal to or greater than one

motor vehicle unit;

2) Meet the acquisition requirements for clean fuel LDVs or LDTs

through acquisition of clean fuel HDVs; or

3) Meet the acquisition requirements for clean fuel HDVs through the

acquisition of clean fuel LDVs or LDTs.

e) Motor vehicles acquired to meet the requirements of subsection (a) of this

Section or Subpart C of this Part must be certified by USEPA to meet the

federal emission certification standards of either LEV, ULEV, ZEV, or

ILEV for a clean alternative fuel(s), as set forth in Appendix A of this Part

and in 40 CFR Part 88, incorporated by reference in Section 241.104 of

this Part.

f) The owner or operator must meet the acquisition requirements of

subsection (a) of this Section by acquiring clean fuel vehicles or

redeeming credits equal to or greater than the number of vehicle units

calculated in accordance with subsection (a) of this Section through one or

more of the following:

1) Purchase or lease clean fuel vehicles certified by USEPA to meet

any of the LEV, ULEV, ZEV, or ILEV standards referenced in

subsection (e) of this Section;

2) Conversion of existing or new motor vehicles to meet a LEV,

ULEV, ZEV or ILEV standard specified in subsection (e) of this

Section, consistent with the requirements of Section 241.114 of

this Subpart; or

3) Redeem credits generated or acquired consistent with the

requirements of Subpart C of this Part.

(Source: Amended at 21 Ill. Reg.15767, effective November 25, 1997)

Section 241.114 Conversions

a) If a motor vehicle which was not certified by the manufacturer as a clean

fuel vehicle, but is subsequently converted in accordance with 40 CFR

Part 88, Subpart C, incorporated by reference at Section 241.104 of this

Part, and such converted motor vehicle meets the requirements of this

Section and Section 241.113(e) of this Subpart, it is a clean fuel vehicle.

b) The owner or operator of the converted clean fuel vehicle must obtain

sufficient documentation to verify that the motor vehicle meets the

converted vehicle requirements in 40 CFR Part 88, Subpart C,

incorporated by reference at Section 241.104 of this Part.

Section 241.115 Operating Requirements

a) When a clean fuel vehicle acquired to meet the acquisition requirements of

Section 241.113 of this Subpart or to generate credits under Subpart C of

this Part is driven in the covered area, it must operate at all times on the

clean alternative fuel(s) to which it is certified by USEPA, as set forth in

Section 241.113(e) of this Subpart.

b) Notwithstanding subsection (a) of this Section, owners or operators of

flexible-fueled and dual-fueled vehicles shall operate such motor vehicle

on the clean alternative fuel(s) to which it is certified by USEPA, as set

forth in Section 241.113(e) of this Subpart, and, where applicable, to

which the owner or operator earned credits pursuant to Subpart C of this

Part, when the motor vehicle is driven in the covered area.

c) Any clean fuel vehicle driven in the covered area but regulated by another

state shall operate at all times on the clean alternative fuel(s) to which it

was certified by USEPA.

SUBPART C: CREDITS

Section 241.130 Clean Fuel Fleet Credit Program

a) Any owner or operator of ten or more fleet vehicles located or primarily

operated in the covered area may participate in the clean fuel fleet credit

program, provided that the owner or operator requests that the Agency

establish a clean fuel fleet credit account and complies with the

registration, operating, emission standards, and recordkeeping and

reporting requirements of Sections 241.112, 241.113(e), 241.115, and

241.142 of this Part, respectively, and the requirements of this Subpart

and, if the vehicle for which credit is being claimed is converted, complies

with the requirements of Section 241.114 of this Part.

b) Any owner or operator of a fleet may earn credits by:

1) Acquiring more clean fuel vehicles or fractions of clean fuel

vehicles than required in any MY pursuant to Section 241.113 of

this Part;

2) Acquiring clean fuel vehicles that meet the ULEV or ZEV

standard;

3) Acquiring clean fuel vehicles which belong to a category of motor

vehicles that are otherwise exempt under Section 241.111 of this

Part; and

4) Acquiring clean fuel vehicles before September 1, 1997, if the

requirements of Section 241.112 of this Part have been met.

c) Credits will be generated, redeemed, or traded after the owner or operator

submits the information listed in Sections 241.140(a) and (b) of this Part

to the Agency for each clean fuel vehicle involved in the credit

transaction, requests that a credit transaction be posted and states the

number of credits added to and subtracted from the credit accounts, and

the Agency has received and reviewed the submittal. Credit transactions

must be authorized by the owner or operator whose account is being

reduced. The Agency will review, and add to and subtract from credit

accounts, according to the criteria of this Subpart and Appendix B of this

Part.

d) Credits shall be designated by the Agency at the time of issuance as either

LDV/LDT credits or HDV credits. LDV/LDT credits may not be

exchanged for HDV credits and HDV credits may not be exchanged for

LDV/LDT credits.

Notwithstanding subsection (b) of this Section, if a clean fuel

vehicle has ever been used to demonstrate compliance under

Subpart B of this Part, or used to generate credits under this

Subpart, such clean fuel vehicle may never be used by any other

person for the purpose of generating credits under this Subpart.

(Source: Amended at 21 Ill. Reg. 15767, effective November 25, 1997)

Section 241.131 Credit Provisions

a) The value of clean fuel vehicle credits shall be assigned in accordance

with the values for the applicable class and weight category as set forth in

Section 241.Appendix B:Tables A, B, C, D, E and F.

b) The number of clean fuel vehicle credits that are needed to satisfy a new

covered fleet vehicle acquisition obligation shall be determined in

accordance with the values for the applicable class(s) and weight

category(s), as set forth in Tables C and F, contained in Appendix B of

this Part.

SUBPART D: RECORDKEEPING AND REPORTING

Section 241.140 Reporting Requirements

By November 1, 1999, and by November 1 every year thereafter, the owner or operator

of a covered fleet must submit the following information about its activities during the

prior model year to the Agency:

a) For each motor vehicle newly acquired or being used to earn credits,

which also includes motor vehicles converted to clean fuel vehicles:

1) The make, model, and year of manufacture;

2) The date of vehicle acquisition;

3) The vehicle identification number (VIN);

4) The GVWR, as specified by the manufacturer;

5) If the motor vehicle is being used to earn credits, the LVW for

LDTs whose GVWR is less than or equal to 6,000 lbs and the

ALVW for LDTs whose GVWR is greater than 6,000 lbs;

6) The license plate number and state registered in; and

7) A statement of whether the motor vehicle is exempt pursuant to

Section 241.111 of this Part and which exemption applies.

b) For each clean fuel vehicle newly acquired or being used to earn credits,

which also includes motor vehicles converted to clean fuel vehicles:

1) The low emission standard(s) to which the motor vehicle is

certified by USEPA, consistent with Section 241.113(e) of this

Part;

2) The clean alternative fuel(s) to which the motor vehicle is certified

to operate by the manufacturer in order to meet the federal low

emission standard(s) in Section 241.113(e) of this Part;

3) The 8-character alpha numeric bar-coded vehicle emission

configuration number; and

4) For motor vehicles converted to clean fuel vehicles pursuant to

Section 241.114 of this Part:

A) The date the motor vehicle was converted;

B) The name and address of the person(s) or firm performing

the conversion; and

C) A statement that, to the best of the owner's or operator's

knowledge, the motor vehicle was converted in accordance

with the applicable requirements of 40 CFR Part 88,

incorporated by reference in Section 241.104 of this Part.

c) In addition to the information required in subsections (a) and (b) of this

Section, the owner or operator must state:

1) The number, to the nearest tenth, of clean fuel vehicles the owner

or operator was required to acquire pursuant to Section 241.113 of

this Part;

2) How that obligation was met;

3) If any of the clean fuel vehicles in the fleet used for compliance or

credits in the last two model years are no longer part of the fleet,

the VIN and the date the clean fuel vehicle was transferred or

taken out of service; and

4) If the fleet vehicles are centrally fueled at a location that is owned,

operated or controlled by the covered fleet owner or operator, the

amount of bulk fuel purchased by type of fuel.

d) All reports to the Agency must include the owner's or operator's fleet

registration number, the name of the operation, and the signature of the

owner or operator.

(Source: Amended at 21 Ill. Reg. 15767, effective November 25, 1997)

Section 241.141 Recordkeeping Requirements

a) Owners or operators of covered fleets shall retain a copy of the title or

lease for each motor vehicle in the fleet.

b) For each motor vehicle that the owner or operator is claiming is exempt

pursuant to Section 241.111(a)(10) of this Part, the owner or operator

must retain records showing the roundtrip calculation exempting the motor

vehicle under the definition of capable of being centrally fueled, as set

forth in Section 241.102 of this Part.

c) For each motor vehicle in a covered fleet located outside of the covered

area that the owner or operator is claiming is not primarily operated in the

covered area, the owner or operator must retain records demonstrating that

the motor vehicle is not primarily operated in the covered area, as set forth

in the definition for primarily operated in the covered area in Section

241.102 of this Part.

d) For each converted motor vehicle, the covered fleet owner or operator

must retain documentation that the motor vehicle meets the applicable

certification requirements for converted motor vehicles in 40 CFR Part 88,

Subpart C, incorporated by reference at Section 241.104 of this Part.

e) For fleets that are centrally fueled at a location that is owned, operated or

controlled by the covered fleet owner or operator, the owner or operator

must retain monthly records of the amount and type of bulk fuel

purchased.

f) Fleet owners and operators of non-covered fleets who elect to participate

in the credit program, as set forth in Subpart C of this Part, must maintain

the following records for each motor vehicle that they are using to

generate credits:

1) A copy of the title or lease; and

2) For each converted motor vehicle, documentation that the motor

vehicle meets the applicable certification requirements for

converted motor vehicles in 40 CFR Part 88, Subpart C,

incorporated by reference at Section 241.104 of this Part.

g) The records required in this Section shall be retained by the owner or

operator for at least three years and shall be made available immediately

to the Agency upon request. Notwithstanding the above requirement,

titles or leases to vehicles no longer under the control of the owner or

operator need not be retained.

Section 241.142 Report on Credit Activities

a) From time to time, the Agency may send a credit reconciliation report to

credit account holders showing the balance of credits and any transaction

since the last report. The fleet owner or operator shall have 180 days to

review and dispute the report. Failure by the fleet owner or operator to

notify the Agency of a discrepancy entitles the Agency to presume that the

credit reconciliation report is correct.

b) Fleet owners or operators may request from the Agency in writing credit

reconciliation reports for their credit accounts. Such request shall include

the name and address of the owner or operator and the fleet registration

number.

Section 241.APPENDIX A: Emission Standards for Clean Fuel Vehicles

TABLE A: Low Emission Vehicle (LEV) Standards for Light-Duty Clean Fuel

100,000 MILES 0.090 4.2

100,000 MILES 0.130 5.5

100,000 MILES 0.180 5.0

120,000 MILES 0.230 6.4

100,000 MILES 0.280 7.3

1.5

0.032 0.12

Applicable to diesel vehicles only

Standards not applicable to diesel vehicles

Option of certifying heavy-duty engines in vehicles up to 10,000 pounds GVWR using

the light-duty truck (LDT) standards

TABLE B: Ultra-Low Emission Vehicle (ULEV) Standards for Light-Duty Clean

Fuel Vehicles (g/mi)

100,000 MILES 0.055 2.1

100,000 MILES 0.070 2.8

Applicable to diesel vehicles only

Standards not applicable to diesel vehicles

Option of certifying heavy-duty engines in vehicles up to 10,000 pounds GVWR using

the light-duty truck (LDT) standards

TABLE C: NMOG Standards for Flexible-Fueled and Dual-Fueled Vehicles (g/mi)

The standards are presented for flexible-fueled and dual-fueled clean fuel vehicles

when operating on clean alternative fuel and conventional fuel in the format "

x/y

" where

represents the NMOG standard when the vehicle is operated on a clean alternative fuel

and

represents the NMOG standard when the vehicle is operated on a conventional

fuel.

TABLE D: Emission Standards for Model Year 1998 and Later Heavy-Duty

Vehicles (g/bhp-hr)

Standards for particulate matter (PM) apply only to diesel-fueled vehicles.

HD CFVs must meet conventional vehicle standards for THC, NOx, CO, PM, and

OMHCE

Section 241.APPENDIX B Credit Values

Table A Credit Generation: Acquiring a Light-Duty Clean Fuel Vehicle before MY 1999 or

Acquiring More Light-Duty Clean Fuel Vehicles than Required

TABLE B Credit Generation: Acquiring Light-Duty ULEV or ZEV Clean Fuel Vehicles

TABLE C Credits Needed in Lieu of Acquiring a Light-Duty LEV

TABLE D Credit Generation: Acquiring a Heavy-Duty Clean Fuel Vehicle before MY

1999 or Acquiring More Heavy-Duty Clean Fuel Vehicles than Required

TABLE E Credit Generation: Acquiring Heavy-Duty ULEV or ZEV Clean Fuel Vehicles

TABLE F Credits Needed in Lieu of Acquiring a Heavy-Duty LEV

(Source: Amended at 21 Ill. Reg. 15767, effective November 25, 1997)