ILLINOIS POLLUTION CONTROL BOARD

July 7,

1995

IN THE MATTER OF:

)

CLEAN FUEL FLEET PROGRAM:

)

 R95-12

PROPOSED 35 ILL. ADM. CODE 241

)

 (Rulemaking-Air)

Proposed Rule.

 Second Notice.

OPINION

AND

ORDER OF THE BOARD

 (by J. Yi):

On March 30,

 1995 the Illinois Environmental Protection

Agency

 (Agency) filed this proposal for rulemaking.

 Sections

182 (c) (4) (A) and 246 of the Clean Air Act

 (CAA)

 (42 U.S.C

S

751l(c)(4(A) and §7586(199)), require all serious, severe, and

extreme ozone nonattainment areas

 (NAA)

 to adopt a clean—fuel

fleet program

 (CFFP) by May 15,

 1994.

 In Illinois, the Chicago

area i~elassifled as

a

severe

 NAA arid

is

subject to the CFFP.

The attainment date for the Chicago area is 2007.

 Pursuant to

the CFFP,

if

certain fleet owners acquire new motor vehicles,

beginning model year 1998 and thereafter,

 a specified percentage

of these new motor vehicles must be clean fuel fleet vehicles

(CFFV5)

 which meet the federal low emission standards established

by the United States Environmental Protection Agency (U.S.EPA)

for the CFFP.

The Board’s responsibility in this matter arises from the

Environmental Protection Act (Act).

 (415 ILCS 5/1 et seq.

(1993).)

 The Board is charged by the Act to “determine, define

and implement the environmental control standards applicable in

the State of Illinois.,”

 (415 ILCS 5/5(b)

 (1993).)

 More

generally, the Board’s rulemaking charge is based on the system

of checks and balances integral to Illinois environmental

governance: the Board bears responsibility for the rulemakinq and

principal adjudicatory functions, while the Agency is responsible

for carrying out the principal administrative duties.

The

Agency’s duties include administering the regulations that are

proposed in this rulemaking.

This proposal was filed pursuant to Section 28.5 of the Act.

(415 ILCS 5/28.5

 (1993).)

 That section requires the Board to

proceed with

CAA

rulemaking under set time—frames, and is known

as “fast—track” rulemaking.

 The Board has no discretion to

adjust these time frames under any circumstances.

 Today the

Board acts to send this proposal to second notice under the

Illinois Administrative Procedure Act (APA).

 (5 ILCS 100/1005—40

(1993).)

2

PROCEDURAL HISTORY

On April

6,

 1995, the Board sent the proposal to first

notice under the APA, without commenting on the merits of the

proposal.

 The proposal was published in the Illinois Register on

April 28, 1995,

 at Volume 19 Issue

 17 Ill.Reg. pg. 6101.

 Hearing

was held on May 19,

 1995,

 in Chicago, Illinois.

 Members of the

public attended that hearing,

 as well as representatives of the

Department of Environment of the City of Chicago, Natural Gas

Pipeline Company of America, Northern Illinois Gas, and the

Chemical Industry Council of Illinois.

On June 2,

 1995, the Agency filed a motion to cancel the

additional hearings.

 The Agency’s motion was granted by hearing

officer order dated June

6,

 1995.

 In issuing the order the

hearing officer stated on page

2:

Pursuant to the discretion to cancel the additional

hearings

set

forth in Section

28.5 of the Act given to

me by the Board as hearing officer,

 the second and

third hearings originally scheduled for June 16th and

June 30th will not be held.

It

 is appropriate to

cancel such additional hearings and move forward with

this fast—track rulemaking since no one has requested

the additional hearings, there has been no indication

by the affected entities of an objection to the

proposed rule,

 and the Board has not received any

unresolved objection from the U.S.EPA.

The hearing officer order pursuant to Section 28.5 of the Act and

 the APA closed the public comment period on June

12,

 1995.

PROPOSAL

Sections 182(c) (4) (A) and 246 of the CAA, require all

serious, severe, and extreme ozone NAAs to adopt a CFFP by May

15,

 1994.

 The CFFP requires certain fleet owners who acquire new

motor vehicles, beginning model year 1998 and thereafter, that a

specified percentage of these new motor vehicles must be clean

fuel fleet vehicles

 (CFFVs) which meet the federal low emission

standards established by U.S.EPA for the CFFP.

 The proposal has

three components; an applicability/control aspect,

 a credit

program, and recordkeeping and reporting requirements.

APPLICABILITYJCONTROL Sections 241.110-115

This regulation would apply to fleet owners or operators who

own, operate, or control at least 10 covered fleet vehicles.

A

covered fleet vehicle must meet three criteria:

 1) the motor

vehicle must have less than a 26,000 lbs gross vehicle weight

rating

 (GVWR) and not be exempt,

 2) the motor vehicle must be

3

centrally fueled 100

 of the tine or be capable of being

centrally fueled, and 3)

 the motor vehicle must either be located

in or be primarily operated in the Chicago ozone NAA.’

Owners and operators of

 a covered fleet, beginning model

year 1998,

 if acquiring new motor vehicles must purchase a

percentage of vehicles that meet the federal low emission

 standard such as a low emission vehicle (LEV), an ultra low

emission vehicle

 (ULEV),

 or a zero emission vehicle

 (ZEV)

~2

The

model year begins on September 1st each year and ends the

following year on August 31st.

 The owner or operator has three

compliance options:

 1) purchase or

lease

 a CFFV,

2)

 convert

a

conventional motor vehicle to a CFFV, and

 3) redeem the

applicable credits as discussed in the next section.

The

requirements

 of the CFFVs are phased in as

follows:

1)

 in model

year 1998,

30

 of a covered fleet owner’s or operator’s new

covered fleet vehicle light duty vehicle

 (LDV)

 or light duty

truck acquisitions must be CFFVs,

2)

 in model year 1999,

50

of

new LDvs/LDT5 vehicles must be CFFV5, and

 in model year

2000

and thereafter, 70

 of LDVs/LDT5 must be CFFVs.

 (See Section

241.113)

For

heavy

 duty vehicles

 (HDV5),

 beginning in model year

1998 and thereafter, 50

 of new covered HDV fleet vehicles must

be CFFVs.

 (See Section 241.113.)

CREDIT PROGRAN Section 241.130 and 131

The

proposal also establishes a credit program in accordance

 with the federal requirements.

 A owner or operator may earn

credits in one of the following ways:

1)

 by acquiring additional

CFFVs beyond those needed to satisfy the control requirement

percentages,

 2) by purchasing more stringent CFFV5 such as the

ULEV or ZEV,

 3) by acquiring CFFVC prior to model year 1998 but

1Section 241.111 exempts certain types of motor vehicles

from the CFFP such as motor vehicles held for lease or rental to

the general public.

2

 LEV is defined as 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.

 An ULEV is defined as 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.

 A ZEV is defined as 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.

after the State’s CFFP has been approved by U.S.EPA, and

4)

acquiring CFFV5 which belong to a category that are otherwise

exempt.

 The credit value the CFFV is eligible to earn will

depend on the weight and type of motor vehicle.

 (See Section

241.131.)

The proposal establishes the Agency as the bank for the

credit program.

 The Agency will periodically send participants

in the prograiu a report showing all transactions for its credit

account.

 Owners and operators have 180 days to notify the Agency

of any discrepancies in the report.

 If none are reported, the

Agency may presume that the report is accurate.

 (See Section

241.142.)

RECORDKEEPING AND REPORTING Section 241.140-142

By November 1,

 1998, and by November 1 every year

thereafter, the owner or operator of

 a covered fleet must submit

the information,

 as set forth in Section 241.140, about its

activities during the prior model year to the Agency.

 Section

241.141 contains recordkeeping requirements for owners or

operators of covered fleets.

 Records required in Section 241.141

are to be retained 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.

PUBLIC COMMENTS

The Board received 6 public

comments

 during the course

of

 this rulemaking:3

P.C.

#1

 Illinois Department of Commerce and Community Affairs

P.C.

#2

 Administrative Code Division

P.C.

#3

 Browning-Ferris Industries

P.C.

#4

 City of Chicago

P.C.

#5

 Illinois Environmental Protection Agency

P.C.

#6

 Northern Illinois Gas

The Board has considered all public comments,

 as well as all

testimony and exhibits, in making its decisions in this matter.

The Board will specifically address several issues and comments.

Public Comments from the Administrative Code Division and

Illinois Department of Commerce and Community Affairs were non-

~ The individual public comments will be referenced as

“P.C.#

5

substantive and will not be addressed in the following

discussion.

 (P.C.#1 and P.C#2.)

 The Board has made all changes

suggested by the Administrative Code Unit.

Brownincf-Ferris Industries,

 P. C.#3

Browning-Ferris Industries

 (BFI)

 has roughly 6 different

comments on the proposal, mainly concerning the credit program.

BFI’s first comment is that the proposal should require that,

commencing with model year 1998,

50

 of the new HDVs that are

covered by the CFFP should be CFFVs and that this requirement may

 be met by the purchase of new CFFVs, conversion of

conventionally-fueled vehicles,

 or through purchases of credits

pursuant to the credit program.

 (P.C.#3 at

le)

 As noted by the

Agency in its public comments on page 4, the proposal addresses

this comment in Section 241.113(a)

and

 (f).

 The proposal

currently requires that commencing with model year 1998,

50

of

the new HDVs that are covered by the CFFP should be CFFVs and

that this requirement may be met by

the

purchase of new CFFVS,

conversion of conventionally—fueled vehicles,

 or through.

purchases of credits pursuant to the credit program.

 Since it is

the Board’s understanding that the proposed regulation already

incorporate’s BFI’s comment, no further changes are necessary.

BFI also believes that the U.S.EPA definitions of “covered

fleet operator”,

 “centrally fueled”, and “capable of being

centrally fueled” should be incorporated into the proposal.

(P.C.#3,

at

1.)

 The Agency responds in its public comments that

“...except where noted, that it has adopted definitions

consistent with those proposed by U.S.EPA.”

 (P.C.#5 at

4.)

In

reviewing the proposal and the U.S.EPA definitions,

 it is

apparent that the proposal has adopted the U.S.EPA definitions

for “covered fleet operator” and “centrally fueled”.

The

 proposal, however, does not adopt the U.S.EPA definition for

“capable of being centrally fueled”.

 The Agency has replaced

U.S.EPA’s suggested calculation for determining if a motor

vehicle is capable of being centrally fueled with its own

calculation.

 The Agency states in its Statement of Reasons that

“~instead

 the Agency is proposing a simpler and more

straightforward method where the owner or operator sums all the

miles driven by the motor vehicle it is claiming is not capable

of being centrally fueled for a three month period then divides

this number by the number of round trips the motor vehicle has

taken during the same period.”

 (Exhibit #1, Statement of Reasons

at 15.)

 (The definition is set out a pp.

 7-8,

 infra.)

Furthermore, the Agency states in its comments that the

• .

federal regulations indicate that it was guidance only and

that the State could develop methods that were most suitable to

its particular situation.”

 (P.C.f

5

at

4.)

This proposal was developed by the Agency through the use of

an outside work group which included representatives from the

6

National Association of Fleet Administrators,

 Illinois Natural

Gas Vehicle Coalition, Ethanol Work Group, Sierra Club, American

Lung Association, City of Chicago, Illinois Manufacturers’

Association,

 Illinois Petroleum Council, American Automobile

Manufacturers’ Association, U.S.EPA, Illinois Department

of

Energy and Natural Resources, and the Office of the Secretary of

State.

 BFI has not presented any information as to why the

Agency’s definition, which was developed with input from the work

group,

 is not appropriate for the State of Illinois.

 Since we

are not bound to adopt the federal regulations, and BFI offers no

justification for changing the proposal by incorporating the

federal definition for “capable of being centrally fueled”

no

changes will be made.

BFI comments that the proposal should provide owners or

operators the opportunity to earn credits for vehicles exceeding

the State Implementation Plan

 (SIP), that heavy duty vehicles

above 26,000 lbs

GVWR

(known as

“heavy

heavy-duty vehicles”

(HHDVs))

 should

be

ellyible Lor

edrIliIly

 credits, and

the

proposal

should allow for the trading of credits between stationary and

mobile sources.

 (P.C.#3 at 1-2.)

 The Agency in its public

comments responds that the “...proposal does provide that a clean

fuel vehicle that over—complies either because it was purchased

prior to model year 1998 or meets the ULEV emission standard is

eligible to earn credits, see Section 241.130(b) (2) and

(4)

respectively.”

 (P.C.#5 at

5.)

 The Agency further states that it

does not include the HHDVs in the credit program because the

HHDVs are not part of the CFFP and that it

“.

.

.

is looking into

developing a broader based credit program for hydrocarbon

emissions which may also allow credit trading between mobile and

stationary sources.”

 (P.C.#5 at 5.)

The Board agrees with the Agency that the proposal addresses

BFI’s concern for credits for vehicles exceeding the requirements

of the SIP, and therefore will not make changes to the proposal

based on BFI’s comment.

 However, the Board finds no

justification in the record to change the proposal as it concerns

credit for HHDV5 and for the trading between mobile and

stationary sources.

 Additionally,

 a program for a trading

between stationary and mobile sources is more appropriately

brought pursuant to the general rulemaking provisions

 of the Act

instead of amending a rulemaking that was brought pursuant to

Clean Air Act fast-track rulemaking provision at Section 28.5 of

the Act.

BFI additionally comments that the proposal should exempt

certain transportation control measures

 (TCM5) such as high

occupancy vehicles

 (HOVS) restrictions or permit owners or

operators to apply alternative tuel vehicles toward any employer

trip reduction program or employer commute option

 (EOC)

 program.

(P.C.#3

 at 2.)

 The Agency states in its comments that there are

no TCMs in the Chicago ozone

NAA

where the proposed regulation

would apply and that should a TCM be adopted it should contain an

exemption provision consistent with Section 246(h) of the Clean

Air Act.

 (P.C.#5 at

5.)

 The Board finds no justification to

amend the proposal based on BFI’s speculation as to a possible

TCM for the Chicago

NAA.

BFI further comments that the proposal should recognize that

U.S.EPA may relax the emission standards for HDVs if it is

determined that it is not technically feasible for clean diesel-

fueled vehicles to meet the appropriate standards.

 (P.C.#3 at

2.)

 The Agency states that it will propose an amendment to the

CFFP if the emission standards for HDVs are indeed relaxed to

reflect those changes.

 (P.C.#5 at

5.)

 The Board again finds no

justification to

change the proposal to account for the

speculation that U.S.EPA may change the emission standards for

HDVs some time in the future.

Finally, BFI comments that there should be a specific

statement in the proposal which limits the applicability to

serious, severe, and extreme ozone nonattainment areas.

 (PC.#3

at

2.)

 The Agency states that the proposal defines the covered

 area a~the

C~hicagn

 n~nnenonattainment

 area and li~t~

 which

counties are affected.

 (P.C.#5 at 5—6.)

The Board agrees with the Agency that the definition of

“covered area”

 in Section 241.102 of the proposal specifically

defines the area of applicability of the regulation when read

together with the other applicable definitions.

 Therefore the

Board will not amend the proposal by adding a statement to

reflect that it applies to serious, severe,

 and extreme ozone

nonattainment areas.

City of Chicago,

The City of Chicago states its general support for the

proposal but requests a clarification as to

“...

 obtaining

credits for dual and flexible fueled vehicles which may be used

during emergency response activities.”

 (P.C.#4 at 2.)

The

Agency states that the proposal does not provide for partial

credit when a vehicle is utilizing a clean fuel for part of its

operating time, because of the difficulty of the required

recordkeeping for the owner or operator and the necessary Agency

oversight.

 (P.C.#5 at 3-4.)

The Board finds no justification for adding dual and

flexible fueled vehicles to the program in this rulemaking.

Therefore the Board will not amend the proposal to address this

issue.

B

Northern Illinois Gas,

 P.C.#6

Northern Illinois Gas

 (Northern)

 made several comments both

at hearing and in its filed public comments concerning the

definition of “capable of being centrally fueled” in Section

241.102.

 The proposed definition reads:

“Capable of being centrally fueled” means a motor

vehicle that can 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 ceriLrally 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)

 of this Subpart 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)

 of this Subpart:

For each motor vehicle, sum the miles it is driven

for a three month period beginning May 1,

 1997, 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 and returns to its location.

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.

The comments center on three aspects:

1)

 the use of the word

“can” in the first sentence,

 2) the use of the phrase “is under

contract” in the first sentence, and

 3) the addition of “or a

contracted refueling station” after the word “location”

 in the

second paragraph or the calculation.

At

 hearing Mr. Lindsay of Northern first raised the concern

that “capable” and “can be refueled 100 percent of the time” was

not clear.

 (Tr.

 at 38-43.)

 Northern raised the issue again in

its public comments and suggested that the word “can” be replaced

with “could” to be consistent with the federal regulations.

(P.C.#6

 at 1.)

 The Agency in

its

public comments states that

“~tJhe difference between

 ‘can’

and ‘could’ is not significant.”

(P.C.#5 at 1.)

 The Agency further states that it intended to

follow U.S.EPA definitions and recommends the Board amend the

proposal by replacing “can” with “could”.

 (P.C#5 at 1.)

The Board agrees with Northern and the Agency and adopts the

recommendation made by the Agency.

 Consistent with the federal

definitions, the moard will change “can” to “could” in the first

sentence of the definition.

 Additionally the Board believes that

this amendment will clarify the definition so that “capable” and

“could be refueled 100 percent of the time” are consistent.

Northern also argues that the phrase “is under contract”

should be changed to “could be under contract” in order to

clariry

“.

.

.that

 £leet that has access to a location (not

currently under contract) which could provide a fueling contract

may be ‘capable of being fueled’.”

 (P.C.#6 at 1—2.)

 The Agency

states,

 in response, that there are two criteria that must be met

in order to fit the definition.

 (P.C.#5 at

2.)

 The first

criteria is that the owner or operator must have access to fuel,

and,

 secondly, the vehicles average roundtrip from wherever it is

fueled must be less than 300 miles.

 (P.C.#5 at 2.)

 The Agency

states further “~t)o delete the first requirement by that

 (sic)

an owner or operator must have access to fuel as recommended

might impose an impossible burden on

 a few fleet owners or

operators.

 (P.C.#5 at

2.)

 The Board finds no justification in

the record which would support the suggested amendment to the

proposal

Concerning the definition of “capable of being centrally

fueled”, Northern finally suggests adding the phrase

“or

a

contracted refueling station” after the word “location”

 in the

second paragraph of the calculation contained in the definition.

(P.C.#6 at 2.)

 The Agency agrees with Northern and recommends

that the Board change the proposal to reflect Northern’s

comments.

 (P.C.#5 at 2.)

 We have done so.

The Board agrees that the calculation and the definition

must be consistent and therefore will adopt the Agency

recommended changes to the proposal on this issue.

Northern commented on several definitions in the proposal

besides the definition of “capable of being centrally fueled”.

Northern states that it is unclear as to the use of “under

contract with the covered fleet owner or operator” in the

definition of “centrally fueled”.

 (P.C.#6 at 2.)

 Northern

states that the method of payment should not define “centrally

fueled”, but rather the actual refueling pattern should be

10

utilized.

 (P.C.#6 at 2.)

 The Agency responds that its

•

.

intent is to follow the latest federal guidance and

regulations.

.

.which indicate that it is the actual refueling

pattern that should be examined.”

 (P.C.#5 at 2.)

The Board rinds that reading the definition of “capable of

being centrally fueled” along with the definition of “centrally

fueled” establishes that it is the pattern of refueling and not

the payment method that is being examined.

 Therefore, the Board

will make no changes to this definition.

Northern also comments that its understanding of the

definition of “date of vehicle acquisition” as it concerns leased

vehicle means when the lease commences the owner or operator is

given “equitable title” and thus is the “date of vehicle

acquisition”.

 (P.C.#6 at 2.)

 The Agency states,

 in agreement

with Northern, that it interprets the phrase “equitable title” to

include leased vehicles.

 (P.C.#5 at

2.)

The Board agrees with the Agency’s and Northern’s

interpretation of the proposal and therefore no amendment to the

prnpn~a1

 iry.

Additionally, Northern comments that the use of “purchaser”

in the definition of “new covered fleet vehicles”

 is inconsistent

with the use of “owner or operator” in the definition of

 “date of

vehicle acquisition”, and suggests that “purchaser” be replaced

with “owner or operator”.

 (PC.#6 at 3.)

 The Agency agrees with

Northern and proposes amending the proposal by replacing

“purchaser” with “owner or operator”.

 (P.C.#5 at

3.)

 The Agency

states that this amendment is necessary to avoid confusion when

vehicles are transferred between different divisions of a

company.

 (P.C.#5at 3.)

The Board agrees with Northern and the Agency and will

replace “purchaser” with the term “owner or operator” where it

appears in the definition of “new covered vehicle”.

Finally, Northern questions the applicability of the 8

character bar code requirement of Section 241.140 and argues that

the inconsistent use of units in the tables of the appendices

needs to be corrected.

 (P.C.#6 at 3.)

 The Agency states that

the bar code is necessary in tracking the compliance of owners or

operators and that it believes that U.S.EPA may require the use

of bar codes upon conversion of a conventional motor vehicle to a

CFFV.

 (P.C.#5 at 3.)

 The Agency also states that it agrees with

Northern in that the unit references in the tables of the

appendices should be consistent.

 (P.C.#5 at 3.)

The Board agrees with the Agency and Northern that the table

units must be consistent and will adopt the Agency’s proposed

amendments accordingly.

 However, Northern provides no

11

justification concerning the use of the bar code; therefore the

Board will continue to require their use.

Other Revisions

The Agency has suggested a number of other revisions to its

 original proposal.

 Some of those revisions are necessary to

respond to concerns from the Secretary of State, while others are

in response to comments or testimony,

 or are the result of

further negotiations.

 The suggested revisions are explained in

the Agency’s public comments

 (P.C.#5 at 6-7),

 and we will not

repeat those explanations here.

 We will adopt those suggested

revisions for second notice review by the Joint Committee on

Administrative Rules.

Additionally, the Joint Committee on Administrative Rules

made several non—substantive changes after the Board went to

First Notice and before the proposal was published in the

Illinois Register which are reflected in our Second Notice order.

CON(~TITTS

TON

The Board finds that the proposed rules are technically

feasible and economically reasonable, and that the rules are

necessary to meet the requirements of the Clean Air Act.

 We find

that the record supports proceeding with the proposed rules,

as

amended, to second notice.

 In the interests of indicating which

changes to the proposal have been made at second notice, we have

chosen to follow the Agency’s suggestion by indicating revisions

by highlighting (redlining).

 Appropriate underlining and

strikeouts are included within that highlighting.

ORDER

The Board hereby proposes the following regulation at 35

Ill. Adm. Code Part 241 to be submitted to the Joint Committee on

Administrative Rules.

The text of the rule begins on the following page.

12

Section

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE B:

 AIR POLLUTION

CHAPTER II:

 POLLUTION CONTROL BOARD

PART 241

CLEAN FUEL FLEET PROGRAM

SUBPART A:

 GENERAL PROVISIONS

SUBPART

C:

 CREDITS

241.130

 Clean Fuel Fleet Credit Program

241.131

 Credit Provisions

Section 241.Appendix A:

 Emission Standards for Clean Fuel

Vehicles

Low Emission Vehicle

 (LEV)

 Standards for

Light-Duty Clean Fuel Vehicles

 (g/mi)

UltrasLow

Einss

ion

Vehicle

 (ULEVI

St~dards for Lxcrht-Dutv Cl~4nFge~

Vehicles

 (ctfmflCredit Ccncrati-on

Xô~5ITr

ThEj

tIgYit1—Duty

ULEV

ZEV

Clean

Fuel Vehicles

NMOG Standards for Flexible-Pueled and

Dual-Fueled Vehicles

Emission Standards for Model Year 1998

and Later Heavy-Duty Vehicles (gfbhp-hr)

Section

241. 101

241. 102

241. 103

241.

104

Section

241. 110

 Applicability

Other Definitions

 Definitions

Abbreviations

Incorporations by Reference

SUBPART

GENERAL

REQUIREMENTS

Exemptions

Registration of Fleet Owners or Operators

Control Requirements

Conversions

Operating Requirements

241.111

241.

112

241.113

241.

114

241.

115

Section

241.

140

241.

141

241.

142

SUBPART

D:

 RECORDKEEPING AND REPORTING

Reporting Requirements

Recordkeeping Requirements

Report of Credit Activities

Table

la:

Table

lb:

Table

 ~::::.

le:

Table

 1. ld:

13

Section

241.Appendix

Table

~4:

Table

Table

Credit Values

Credit

Generation:

Acquiring

Light-

Duty

Clean

Fuel

Vehicle

before

1998

Acquiring

Light-Duty

Clean

Fuel

Vehicles

than

Required

C3~4~t.

 g~pç~fl~,gp:~kçg~fl~$r~9MXtv

ULEV

c~r

ZEV

Clean

Fuel

VeMt~1eS

Ultra-ET?1 w?256 601 m?514 601 l?S?BT?

Low

Th~tthöi6n

VthiOIa

ttEV~

tf5ñdarda

f or

Lig4~it-Duty Clcan

Fucl

Vchiclco

(g/mi)

Credits Needed in Lieu of Acquiring a

Light-Duty LEV

Credit Generation:

 Acquiring a

Heavy-

Duty

Clean

Fuel

Vehicle

before

1998

or Acquiring More Heavy-Duty Clean Fuel

Vehicles than Required

Credit

Generation:

Acquiring

Heavy-Duty

ULEV

ZEV

Clean

Fuel

Vehicles

credits Needed in Lieu of

Acquiring

a

Heavy-Duty

LEV

AUTHORITY:

authorized

Protection

Ill.

Reg.

____,

effective

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

Part

211.

The

definitions

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,

designated

the

manufacturer.

“Capable

being

centrally

fueled”

means

motor

vehicle

that

ean

 could be refueled 100 percent of

the

time at a locatioñ’thàt is owned, operated,

or

controlled by the covered nest owner or operator,

or

under

contract

with

the

covered

fleet

owner

operator.

Motor

vehicles

that

are

under

normal

conditions

garaged

personal

residence

are

not

considered

capable

being

centrally

fueled

and

are

exempt

from

the

program

unless

they

are,

fact,

Table

Implementing Sections 9,

 9.1, and 10 and

Sections

and

28.5

the

Environmental

Act

j415

ILCS

5/9,

10,

27,

and

51

SOURCE:

Adopted

R95-l2

14

centrally fueled. The fact that one or more motor

vehicles in a fleet are not capable of being centrally

fueled

does

not

exempt

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)

 of thin

Subpart 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) oa

thin Subpart:

For each motor vehicle, sum the miles it is driven

for a three month period beginning May

1,

 1097, 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

gr~a~cpntr~gt~4

 ~fliifli~g

st&tjon and returns to its location or a

contr~c~t&retth~1ing~

 statton

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

motor

vehicle

that

fueled

100

percent

the

time

location

that

owned,

operated,

controlled

the

covered

fleet

owner

operator,

under

contract

with

the

covered

fleet

owner or operator.

 Any motor vehicle that is under

normal

operations

garaged

personal

residence

night but that is,

in

fact,

centrally

fueled

100

percent of the time shall be considered to be centrally

fueled

for

the

purpose

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)

power

source

(including

electricity)

used

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

15

standards applicable to such motor vehicle weight clans

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

used

join

all

entities

under

common

management,

means

any

one

combination

the

following:

Any

person

that

has

equity

ownership

percent

each

two

firms;

Two

firms

have

common

officers,

whole

substantial

part,

who

are

responsible

for

the

ii~y-to-day

operation

the companies;

or

One

firm

leases,

operates,

supervises

51 percent or greater part owns equipment

and/or

facilities

used

another

person

firm, or has equity ownership of 51 percent

or more of another firm.

When

used

refer

the

management

motor

vehicles,

means

person

has

the

authority

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 Osweqo in Kendall County.

“Covered fleet” means ten or more covered fleet

vehicles which are owned or operated by a person.

In

determining the number or 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

16

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

the

distribution

motor

vehicles

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

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

and

from

situations

which

speed

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 tab~ ~oup4 in

 Tables

ld,

and—2a-1—2b

 -and 2c, ofX~p

cndlóco

 A••~•áiid

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

HEW 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

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,

this

Part.

“Light-duty

vehicle

(LDV)”

means

motor

vehicle

whose

GVWR

than

6,000

lbs.

Emission

standards

and

credit values are set forth in the tables found in

18

Appendices A and B, respectively,

of

this

Part.

“Loaded vehicle weight (LW)” means the curb weight of

the vehicle, as specified by the manufacturer, plus 300

lbs.

“Location” means any building,

 structure,

 facility,

or

installation

which

owned

operated

person,

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)I~means any LI3V 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

the

manufacturing

assembling

new

motor

vehicles,

new

motor

vehicle

engines,

new

nonroad

vehicles

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 0f the following year (e.q4~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 vehicles held for

lease

rental

the

general

public” means a motor vehicle that is owned or

controlled primarily for the purpose of short-ten

rental

extended—term

leasing

(with

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

purchaser

çwner

operator,

regardless

the

model

year,

excá~?it”Th

Ti

B~YE””±aotor

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

the

purchascr

owner

operator

 or due to a consolidation of business

äj5th~àtfôns,

motor

vehicles

transferred

part

19

employee

transfer,

motor

vehicles

transferred

for

seasonal

requirements

(i.e.,

less

than

120

days)

are

not

considered

new.

This

definition

new

covered

fleet

vehicle

distinct

from

the

definition

new

motor

vehicle

applies

manufacturer

certification,

including

the

certification

motor

vehicles to the clean fuel standards.

“New

motor

vehicle”

means

motor

vehicle

the

equitable

legal

title

which

has

never

been

transferred

an ultimate purchaser.

“Owned

operated,

leased

otherwise

controlled

such

person”

means

either

the

following:

Such

person

holds

the

beneficial

title

such

motor

vehicle;

Such

person

uses

the

motor

vehicle

for

transportation

purposes

pursuant

contract

similar

arrangement,

 and the term of such contract

similar

arrangement

for

period

120

days

more,

and

such

person

has

control

over

the

motor

vehicle.

“Partially-covered fleet” means a fleet of

 10 or more

motor

vehicles

that

located

primarily

operated

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

State,

and

any

agency,

department,

instrmnentality

 of the

United

States

and

any

officer,

agent,

employee

thereof.

“Primarily

operated

the

covered

area”

means

least

75

percent of the miles driven annually by a nonexempt

motor

vehicle

are

the

covered

area.

determine

whether

motor

vehicle

primarily

operated

the

covered area, the owner or operator of a covered fleet

shall,

for

each

motor

vehicle

that

claiming

not

primarily

operated

the

covered

area,

perform

the

following calculation:

Sum

the

number

miles

the

motor

vehicle

driven

annually

the

covered

area;

Sum

the

number

miles

the

motor

vehicle

driven

annually

outside

the

covered

area;

and

the

annual

number

miles

driven

the

covered

area

least

all

miles

driven

annually

the

motor

vehicle,

then

the

motor

vehicle is considered to be primarily operated in

the covered area.

20

“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 centrally refueling,

 maintenance, and/or business

location.

“Vehicle

used

for

motor

vehicle

manufacturer

product

evaluations

and

tests”

means

motor

vehicle

that

owned

and

operated

motor

vehicle

manufacturer,

motor vehicle component manufacturer;

 or owned or held

universit.y

research

department,

inr~ndent

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

LDT,

any

HDV

certified

the

applicable

federal

zero

emission vehicle standard,

 as set forth in Appendix A

this

Part

and

CFR

Part

88,

Subpart

incorporated by reference

Section

241.104

this

Subpart.

Section 241.103

Agency

ALVW

g/ bhp-hr

g/mi

GVWR

HCHO

HDV

ILEV

kg

lbs

LDT

LDV

LEV

MY

NHOG

NMHC

Abbreviations

Illinois

Environmental

Protection

Agency

adjusted loaded vehicle weight

carbon

monoxide

grams

per

brakehorsepower-hour

grams per mile

gross

vehicle

weight

rating

formaldehyde

heavy-duty

vehicle

inherently

low

emission

vehicle

kilograms

pounds

light-duty truck

light-duty vehicle

low emission vehicle

loaded vehicle weight

model

year

non—methane organic gas

non-methane

hydrocarbon

NOx

 oxides of nitrogen

PM

 particulate matter

THC

total

hydrocarbon

ULEV

ultra

low

emission

vehicle

VIN

vehicle

identification

number

ZEV

 zero emission vehicle

section 241.104

 Incorporations by Reference

The

following

materials

are

incorporated

reference

and

not

contain any subsequent additions or amendments:

a)

 Clean Fuel Vehicles,

 40 CFR Part 88, Subpart A and 59

Fed. Req.

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.

A

fleet owner or operator who

owns

leases

fewer

than

ten

covered

fleet

vehicles

shall

become

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 whic~iis subject to the control

requirements of this Subpart:

1)

 Motor vehicles held for lease or rental to the

general public;

22

Motor

vehicles

held

for

sale

dealers

(including

demonstration vehicles) ~

Motor

vehicles

used

for

manufacturer

product

evaluations or tests;

Law

enforcement

vehicles

and

other

emergency

vehicles;

Motor

vehicles

not

registered

operate

public

roadways;

 Motor vehicles in excess of 26,000 lbs GVWR;

 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

 !:~L625 ILCS 5/1—102.1

Motorcycles,

motor

driven

cycles,

and

motorized

pedal

cycles

defined

Sections

1—147,

1—148,

and 1-148.2 of the Illinois Vehicle Code jf625 ILCS

5/1—147,

 1—148,

and

1—148.2

 (1092H1j.i

10)

Motor

vehicles

that

are

not

capable

being

centrally fueled; and

11)

 Motor vehicles that are under normal conditions

garaged

personal

residence,

unless

they

are,

fact,

centrally

fueled.

Notwithstanding

subsection

(a)

this

Section,

motor

vehicles

that

are

exempt

from

the

requirements

Section 241.113 of this Subpart, but are part of a

covered

fleet,

are

subject

the

reporting

and

recordkeeping

requirements

Sections

241.140

and

241.141

this

Part.

Owners

operators

fleet

claiming

that

motor

vehicle is exempt under subsection

 (a) (10)

 of this

Section must demonstrate that the motor vehicle is not

capable

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

owner

operator

covered

fleet

must

apply

for

a fleet registration number on or before September

1,

1997,

within

days

after

becoming

covered

fleet

owner

operator,

providing

the

following

information to the Agency:

1)

 The owner~ or operator’s,

 and if applicable, the

company’&,

 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 VIM 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

tollows:

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.~1,,

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~or operator’s light—duty and heavy—duty

clean ruel 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 LDV5 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

USEPA

meet

the

federal

emission certification standards of either LEV,

 ULEV,

ZEV, or ILEV

for

clean

alternative

fuel(s),

set

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

incorporated by

reference

Section

241.104

this

Part.

The

owner

operator

must

meet

the

acquisition

requirements

subsection

(a)

this

Section

acquiring

clean

fuel

vehicles

redeeming

credits

equal

greater

than

the

number

vehicle

units

calculated

accordance

with

subsection

(a)

this

Section

through

one

the

following:

1)

 Purchase or lease ~

 clean fuel vehicles certified

USEPA

meet

any

the

LEV,

ULEV,

ZEV,

ILEV

standards

referenced

subsection

(e)

this Section;

Conversion

existing

new

motor

vehicles

meet a LEV,

 ULEV,

 ZEV or ILEV standard specified

in subsection

(e)

 of this Section, consistent with

the

requirements

Section

241.114

this

Subpart;

Redeem

credits

generated

acquired

consistent

with

the

requirements

Subpart

this

Part.

Section

241.114

Conversions

motor

vehicle

which

was

not

certified

the

manufacturer

clean

fuel

vehicle,

but

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

this

Section

and

Section

241.113(e)

 of this Subpart,

 it is a clean fuel vehicle.

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

reference

Section

241.104

this

Part.

Section

241.115

Operating

Requirements

When

clean

fuel

vehicle

acquired

meet

the

acquisition

requireii~ents

Section

241.113

this

Subpart

generate

credits

under

Subpart

this

Part

driven

the

covered

area,

must

operate

all

times

the

clean

alternative

fuel(s)

which

certified

USEPA,

set

forth

Section

241.113(e)

this

Subpart.

Notwithstanding

subsection

(a)

this

Section,

owners

or operators of flexible-fueled and dual-fueled

vehicles shall operate such motor vehicle on the clean

alternative

fuel(s)

which

certified

USEPA,

as set forth in Section 241.113(e)

 of this Subpart,

and, where applicable, to which the owner or operator

earned

credits

pursuant

Subpart

this

Part,

when

the

motor

vehicle

driven

the

covered

area.

Any

clean

fuel

vehicle

driven

the

covered

area

but

regulated

another

State

shall

operate

all

times

the

clean

alternative

fuel(s)

which

was

certified by USEPA.

SUBPART

CREDITS

Section

241.130

Clean

Fuel

Fleet

Credit

Program

Any

owner

operator

ten

fleet

vehicles

located

primarily

operated

the

covered

area

may

participate

the

clean

fuel

fleet

credit

program,

provided

that

the

owner

operator

requests

that

the

Agency

establish

clean

fuel

fleet

credit

account

and

complies

with

the

registration,

operating,

emission

standards,

and

recordkeeping

and

reporting

requirements

Sections

241.112,

241.113(e),

241.115,

and

241.142

this

Part,

respectively,

and

the

requirements

this

Subpart

and,

the

vehicle

for

which

credit

being

claimed

converted,

complies

with

the

requirements of Section 241.114 of this Part.

Any

owner

operator

fleet

may

earn

credits

by:

1)

 Acquiring more

clean

fuel

vehicles

fractions

clean

ruel

vehicles

than

required

any

pursuant

Section

241.113

this

Part;

2)

 Acquiring clean fuel vehicles that meet the ULEV

or ZEV standard;

3)

 Aciquiring 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 tor HDV credits

aM HDV credits

may x~t be

a~chahge&for

 LDV/LDT

e)

 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.

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

F

in Tablco—la,

Ib,

 2a, and 2b containec

 ~&ppcndix

B of thin Part

 pj~~pt~on

 ~4j 1~pUenc1a B~Pab3~Ø~1Aj

27

The

number

clean

fuel

vehicle

credits

that

are

needed

satisfy

new

covered

fleet

vehicle

acquisition obligation shall be determined

in

accordance

with

the

values

for

the

applicable

class(s)

and

weight

category(s),

set

forth

Tables

3~e

~ and ~e

 contained in Appendix B or

this

Part.

SUBPART

RECORDKEEPING

AND

REPORTING

Section 241.140

 Reporting Requirements

By November

1,

 1998,

 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

the

Agency:

For

each

motor

vehicle

newly

acquired

being

used

earn credits, which also includes motor vehicles

converted to clean fuel vehicles:

1)

 Phe make,

 model, and year of manufacture;

2)

 The date of vehicle acquisition;

3)

 The vehicle identification number

 (yIN);

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

MIVW

for

 T1flPs

whose

GVWR

is greater than 6,000 ibs;

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;

28

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;

and

B)

 The name and address of the person(s) or

firm performing the conversion, ~

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 subsectionf~:

(a) and

(b)

 of this Section, the owner or operator muit

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 ownerj~or

operator’s fleet registration number, the name of the

operation,

 and the signature of the owner or operator.

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 or 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

150 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.

Fleet

owners

operators

may

request

from

the

Agency

30

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.

31

Emission Standards for Clean Fuel

Vehicles

Table

~:

 Low Emission Vehicle

 (LEV)

 Standards for Light-

Duty Clean Fuel Vehicles

 (g/mi)

LIGHT-DUTY

VEHICLE WEIGHT

 POLLUTANT:

NNOG

NOx

HCHO

PM1

ALL

LDV,

LDT

?6000

 GVWR

?3750

LVW

50,000 MILES

100,000

MILES

0.075

0.090

3.4

4.2

0.2

0.3

0.015

0.018

———

0.80

LDT ?6000

GVWR

3750

LVW

?5750

LVW

50,000 MILES

100,000

MILES

0.100

0.130

4.4

5.5

0.4

0.5

0.018

0.023

———

0.08

LDT 6000

GVWR

?3750

ALVW

50,000 MILES

100,000

MILES

0.125

0.180

3.4

5.0

0.42

0.6

0.015

0.022

———

0.10

LDT 6000

 GVWR

3750

ALVW

~5750

ALVW

50,000 MILES

120,000

MILES

0.160

0.230

4.4

6.4

0.72

1.0

0.018

0.027

———

0.10

LDT 6000

GVWR

5750

 ALVW

?8500

ALVW3

50,000 MILES

100,000 MILES

0.195

-_0.280

5.0

7.3

1.12

1.5

0.022

0.032

———

0.12

‘Applicable

2Standards

not

diesel

vehicles

only

applicable to diesel vehicles

3Option of certifying heavy-duty engines in vehicles up to 10,000

pounds

GVWR

using the light-duty truck

 (LDT)

 standards

Section 241.Appendix A

Emi~ionStandards for Clean Fuel

Vehicles

Ultra—Low Emission Vehicle

 (ULEV) Standards for

Light-Duty Clean Fuel Vehicles (g/mi)

LIGHT-DUTY

VEHICLE WEIGHT

POLLUTANT

(C/MI):

NMOG

CO

NOx

 HCHO

PM1

ALL LDV, LDT

?6000

 GVWR

?3750 LW

50,000 MILES

100,000 MILES

0.040

0.055

1.7

2.1

0.2

0.3

0.008

0.011

0.08

004

LDT ?6000

GVWR

3750

LW

?5750 LW

50,000 MILES

100,000 MILES

0.050

0.070

2.2

2.8

0.4

0.5

0.009

0.013

0.08

0.04

LOT 6000

GVWR

?3750

ALVW

50,000 MILES

100,000 MILES

0.075

0.107

1.7

2.5

0.2

0.32

0.008

0.012

———

0.04

LDT 6000

 GVWR

3750

ALVW

?5750

ALVW

50,000 MILES

120,000 MILES

0.100

0.143

2.2

3.2

0.4

0.52

0.009

0.013

———

0.05

LDT 6000

GVWR

5750

ALVW

?8500

ALVW3

50,000 MILES

100,000 MILES

0.117

0.167

2.5

3.7

0.6

0.82

0.011

0.016

———

0.06

1Applicable to diesel vehicles only

2Standards not applicable to diesel vehicles

3option of certifying heavy-duty engines in vehicles up to 10,000

pounds

GVWR

using the light-duty truck

 (LDT)

 standards

Table

 NMOG Standards for Flexible-:~~~!and Dual-Fueled

Vehicles

 (g/mi)

Section 241.Appendix A

Table

Section 241.Appendix A

 Emission Standards

 for Clean Fuel

Vehicles

i-i

NMOG STANDARD’

(C/MI):

VEHICLE WEIGHT

 50,000 MILE

 100,000 MILE

ALL LDV,

 LDT,

?6000

GVWR

?3750 LW

 0.075/0.125

 0.09/0.156

LDT

 ?6000

 GVWR

3750

LW

?5750 LW

 0.100/0.160

 0.130/0.200

LDT

6000

 GVWR

~375O

 ALVW

 0.125/0.250

 0.180/0.360

LDT

6000

 GVWR

3750

ALVW

?5750

ALVW

 0.160/0.320

 0.230/0.460

LDT

6000

 GVWR

5750

ALVW

 0.195/0.390

 0.280/0.560

‘The standards are presented for flexible-~~~and dual-fueled

clean fuel vehicles when operating on clei

ai?~rn~t.iv~

 fimi

~nd

conventional

 fuel

 in the format

 ~x/y”

 where x represents the NMOG

standard when the vehicle is operated on

 a clean alternative fuel

and y represents the NT4OG standard when the vehicle

 is operated

on a conventional

 fuel.

Emission Standards

 for Clean Fuel

Vehicles

Table

 Emission Standards for Model Year 1998 and Later

Heavy-Duty

Vehicles

(g/bhp-hr)

VEHICLE

TYPE

¶PHC

~0x

 NMIC

+

NOx

CO

PM1

OMHCE

 HCHO

GASOLINE

?

 14,000 GVWR

1.1

4.0

———

 14.4

———

1.1

———

GASOLINE

~ 14,000 GVWR

1.9

4.0

———

 37.1

———

1.9

———

DIESEL

4. 0

———

 15.5

 0. 10

 1. 3

———

LEV CERTIFIED

FUEL

(2)

3.8

(2)

LEV/CERTIFIED

CALIF.

FUEL

(2)

35

(2)

ULEV

(2)

2.5

7.2

 0.05

(2)

 0.025

ILEV

(2)

2.5

 14.4

 0.10

(2)

0.025

‘Standards for particulate matter

fueled vehicles.

2HD CFVs must meet conventional vehicle standards for THC,

 NOx,

Section 241.Appendix A

(PM)

apply

only

diesel-

CO, PM, and

OMHCE

Section 241..Appendix B

 Credit Values

Table

la:

 Credit Generation:

 Acquiring a Light—Duty Clean

Fuel Vehicle before MY 1998

 or Acquiring More

Light-Duty Clean Fuel Vehicles than Required

TYPE

 LDV, LDT

?6000

 GVWR

?3750

LVW

LDT ?

6000

GVWR

3750

LVW

 5750 LW

LDT 6000

GVWR

?3750

ALVW

LDT 6000

GVWR

3750

ALVW

?57 50 ALVW

LDT 6000

GVWR

5750

ALVW

LEV

 1.00

 1.26

 0.71

 0.91

 1.11

ULEV

 1.20

 1.54

 1.00

 1.29

 1.47

ZEV

 1.43

 1.83

 1.43

 1.83

 2.23

Section

2~1

Appendix~Ci~ditVe~lue~

Table ~ lb:

 Credit Generation:

 Acquiring Light-Duty ULEV or

ZEV Clean

 Fuel. Vehicl.e~

TYPE

 LDV, LDT

? 6000

GVWR

?3750

LVW

LDT ?

6000

GVWR

3750

LVW

 5750 LW

LDT 6000

GVWR

?3750

ALVW

LDT 6000

GVWR

3750

ALVW

?5750

ALVW

LDT 6000

GVWR

5750

ALVW

ULEV

 0.20

 0.29

 0.29

 0.34

 0.45

ZEV

 0.43

 0.57

 0.71

 0.~1

 1.11

S~et1~~

 24~L~d~tB

 Credit V~1~e~

Table

~•

le:

 Credits Needed in Lieu of Acquiring a Light-Duty

LEV

TYPE

 LDV, LDT

? 6000

GVWR

?3750

LVW

LDT ?

6000

GVWR

3750 LW

?

 5750 LW

LDT 6000

GVWR

?3750

ALVW

LDT 6000

GVWR

3750

ALVW

?5750

ALVW

LDT 6000

GVWR

5750

ALVW

LEV

 1.00

 1.26

 0.71

 0.91

 1.11

Section 241.Appendix B

 Credit Values

36

Table

ld:

 Credit Concration:

 Acquiring

 a Heavy-Duty Clean

Fuel Vehicle before MY 1998 or Acquiring More

Heavy—Duty Clean Fuel Vehicles than Required

LEV

ULEV

ZEV

Table

 -a-a:

 Credit Generation:

 Acquiring Heavy-Duty

ULEV

ZEV

Clean Fuel Vehicles

VEHICLE TYPE

HDV

ULEV

 0.87

ZEV

 2.53

Credits Needed in Lieu of Acquiring a Heavy-Duty

MDV

VEHICLE TYPE

1.00

1.57

3.53

Table ~j-a-b:

LEV

IT IS SO ORDERED

I,

Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certity~p~tthe above opinion aj4 o;der was

adopted on the

‘-f-’

 day of

_________________________

1995,

 by a vote of

_________.

Dorothy H.

 ç4nn,

 Clerk

Illinois Po~JutionControl Board