ILLINOIS POLLUTION CONTROL BOARD

April 6,

1995

IN THE MATTER OF:

)

CLEAN FUEL FLEET PROGRAM:

)

 R95-12

PROPOSED 35 ILL. ADM. CODE 241

)

 (Rulemaking—Air)

)

Proposed Rule.

 First 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

7511(c)(4(A)

 and S7586(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 is classified as a severe

NAA

and is subject to the CFFP.

The attainment date for the Chicago area is 2007.

 Pursuant to

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

(CFFVs) which meet the federal low emission standards established

by the United States Environmental Protection Agency for the

CFFP.

This proposal was filed pursuant to Section 28.5 of the

 Environmental Protection Act

 (Act).

 (415 ILCS 5/28.5

 (1992).)

Pursuant to the provisions of that section the Board is required

to proceed within set timefraiues toward the adoption of the

regulation.

 The Board has no discretion to adjust these time

frames under any circumstances.

 Today the Board acts to send

this proposal to first notice under the Illinois Administrative

Procedure Act without commenting on the merits of the proposal.

The following schedule indicates the deadlines by which the Board

must act as provided in Section 28.5:

First Notice

 on or before April 13, 1995

First Hearing

 on or before May 23,

1995

Second Hearing

 on or before June 22,

1995

Third Hearing

 on or before July 6,

1995

Second Notice

(if 3rd hearing cancelled) on or before August 2,

1995

(if 3rd hearing held)

 on or before August 22,

1995

Final Adoption or Filing

 21 days after receipt of

JCAR

certification of no objection

The Board notes that the above dates are the deadlines as

established by Section 28.5 and do not represent actual hearing

2

dates or filing dates.

 While the schedule includes a second and

third hearing, these hearings may be cancelled if unnecessary.

The Board will proceed in this matter as prescribed in Section

 28.5 and discussed in the Board’s resolution.

 (See RES 92-2

(October 29,

 1992 and December 3,

 1992).)

The Agency has filed a “Motion for Waiver of Certain

Requirements” with the proposal.

 The Agency requests waiver of

the following requirements:

 Section 102.120 of the Board’s

Procedural Rules requires that the original and nine copies of

each proposal be filed with the Clerk~. The Agency requests that

it be allowed to file the original and five complete copies of

the proposal plus four partial copies, the latter consisting of

pleadings and the proposed rules absent supporting exhibits.

The

Agency also requests that it be required to submit only one copy

of the documents incorporated by reference in the proposed

addition of the 35 Ill.Adin.Code Part 241.

 They are as follows:

(a) Emission Standards for 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 (1994).

Section 102.120 also requires that a regulatory proposal be

served on the Attorney General and the DENR.

 The Agency need not

supply the Attorney General and the DENR with a copy of the

entire proposal, provided that the office be formally notified

that a proposal has been made and where the proposal could be

reviewed.

 Pursuant to Section 28.5(e) (7), the Agency is to

submit copies of all documents it relied upon in the development

 of the proposal or upon which it intends to rely at hearing.

The

Board grants the Agency’s motion.

In the interest of administrative economy, the Board directs

the hearing officer to verify that persons on the notice list in

this proceeding wish to continue to receive mailings in this

proceeding.

ORDER

The Board directs the Clerk to cause publication of the

following amendments in the Illinois Register for first notice:

:3

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE B:

 AIR POLLUTION

CHAPTER II:

 POLLUTION CONTROL BOARD

PART 241

CLEAN

FUEL

FLEET

 PROGRAM

SUBPART

GENERAL

PROVISIONS

Section

241.101

 Other Definitions

241.102

 Definitions

241.103

 Abbreviations

241.104

 Incorporations by Reference

SUBPART

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

Section 241.Appendix A:

 Emission Standards for Clean Fuel

Vehicles

Table la:

 Low Emission Vehicle

 (LEV)

 Standards for

Light-Duty Clean Fuel Vehicles

 (g/mi)

Table

lb:

 Credit Generation:

 Acquiring Light-Duty

ULEV or

ZEV

Clean Fuel Vehicles

Table

ic:

 NI4OG Standards for Flexible— and Dual—

Fueled Vehicles

Table id:

 Emission Standards for Model Year 1998

and Later Heavy-Duty Vehicles

 (g/bhp—hr)

4

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

Table

lb:

 Ultra-Low Emission Vehicle

 (ULEV)

Standards for Light-Duty Clean Fuel

Vehicles (g/mi)

Table lc:

 Credits Needed in Lieu of Acquiring a

Light-Duty

LEV

Table id:

 Emisssion Standards for Model 1998 and

Later Heavy-Duty Vehicles

 (g/bhp-hr)

Table 2a:

 Credit Generation:

 Acquiring a Heavy-

Duty Clean Fuel Vehicle before MY 1998

or Acquiring More Heavy-Duty Clean Fuel

Vehicles than Required

Table 2b:

 Credit Generation:

 Acquiring Heavy-Duty

ULEV or

ZEV

Clean Fuel Vehicles

Table 2c:

 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

—

 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 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 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 centrally fueled does not exempt

5

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.

“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.

6

“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

7

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.

8

“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 Tables 1d, and 2a,

 2b, and 2c, of

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 (LW)” means the curb weight of

the vehicle, as specified by the manufacturer, plus 300

lbs.

“Location” means any building, structure, facility, or

9

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 MDV 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 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 vehicles 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

purchaser, 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

purchaser 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.

10

“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 contract

or similar arrangement is for a period of 120 days

or more, 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

the

covered

area”

means

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 centrally 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 MDV 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

Agency

ALVW

g/ bhp-hr

g/mi

GVWR

HCHO

MDV

ILEV

kg

lbs

LDT

LDV

LEV

MY

NMOG

NMHC

NOx

PM

THC

ULEV

VIN

ZEV

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

oxides of nitrogen

particulate matter

total hydrocarbon

ultra low emission vehicle

vehicle identification number

zero emission vehicle

12

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

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

13

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

(1992));

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

 (1992);

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.

 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 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

14

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 MDV)

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

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 MDV 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

LDT5.

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.

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 refèrence 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 MDV credits.

LDV/LDT credits may not be exchanged for MDV credits.

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 set forth

 in Tables la,

 ib, 2a, and 2b contained in Appendix

B of this Part.

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 ic and 2c, contained in Appendix B of this

Part.

18

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 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 (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

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; and

B)

 The name and address of the person(s) or

19

firm

performing the conversion;

statement

that,

the

best

the

owner’s

operator’s

knowledge,

the

motor

vehicle

was

converted

 accordance with the

applicable

requirements

CFR

Part

88,

incorporated by reference in Section 241.104

of this Part.

 In addition to the information required in subsection

(a) and

(b)

 of this Section, the owner or operator must

state:

1)

The

number,

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

VIM 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 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.

 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.

20

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 reconcilation 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.

21

Section 241.Appendix A

 Emission Standards for Clean Fuel

Vehicles

Table

 la: Low Emission Vehicle

 (LEV)

Standards for Light-Duty

Clean

Fuel

Vehicles

(g/mi)

LIGHT-DUTY

VEHICLE WEIGHT

 POLLUTANT:

NXOG

CO

NOx

 HCHO

 PM’

ALL

LDV,

LDT

?6000

 GVWR

?3750

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

?5750

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 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

22

Section 241.Appendix A

 Emission Standards for Clean Fuel

Vehicles

Table lb: Ultra-Low Emission Vehicle (ULEV)

 Standards for Light-

Duty Clean Fuel Vehicles

 (gfmi)

LIGHT-DUTY

VEHICLE WEIGHT

POLLUTANT

(G/MI):

NMOG

CO

NOx

 HCHO

 PM’

ALL

LDV,

LDT

?6000

GVWR

?3750

LVW

50,000 MILES

100,000 MILES

0.040

0.055

1.7

2.1

0.2

0.3

0.008

0.011

0.08

0.04

LDT ?6000

GVWR

3750

?5750

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

LDT 6000

 GVWR

?3750

ALVW

50,000 MILES

100,000 MILES

0.075

0.107

1.7

2.5

0.2

Ø•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

—

‘Applicable to diesel vehicles only

2Standards not applicable to diesel vehicles

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

pounds

GVWR

using the light-duty truck

 (LDT)

 standards

Section 241.Appendix A

 Emission Standards for Clean Fuel

Vehicles

Table ic: NMOG Standards for Flexible- and Dual-Fueled Vehicles

23

NMOG

STANDARD’

(G/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

?5750.LVW

 0.100/0.160

 0.130/0.200

LDT

6000

 GVWR

?3750 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 clean alternative fuel and

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 NI4OG standard when the

vehicle is operated on a conventional fuel.

24

Section 241.Appendix A

 Emission Standards for Clean Fuel

Vehicles

Table id: Emission Standards for Model Year 1998 and Later Heavy—

Duty Vehicles (g/bhp-hr)

VEHICLE

TYPE

THC

NOx

 MMMC

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

1.3

4.0

———

15.5

0.10

1.3

———

LEV CERTIFIED

FUEL

(2)

3.8

(2)

LEVICERTIFIED

CALIF.

FUEL

(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

 (PM) apply only to diesel-

fueled vehicles.

2HD CFVS must meet conventional vehicle standards for THC, NOx,

CO,

 PM, and

OMHCE

25

Section 241.Apperidix 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 LW

LDT ?

6000

GVWR

3750 LW

?

 5750 LW

LDT 6000

GVWR

?3750 ALVW

LDT 6000

GVWR

3750

 ALVW

? 5750 ALVW

LDT 6000

GVWR

5750

ALW

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

Table

 1b: Credit Generation:

 Acquiring Light-Duty ULEV or

ZEV

Clean Fuel Vehicles

TYPE

 LDV, LDT

? 6000

GVWR

?3750 LW

LDT?

6000

GVWR

3750

LW

?

 5750 LW

LDT 6000

GVWR

?3750 ALVW

LDT 6000

GVWR

3750

 ALVW

? 5750 ALVW

LDT 6000

GVWR

5750

ALW

ULEV

0.20

0.29

0.34

0.45

ZEV

 0.43

 0.57

 0.71

 0.91

 1.11

Table 1c: 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

Table 2a: Credit Generation:

 Acquiring a Heavy-Duty Clean Fuel

Vehicle before MY 1998 or Acquiring More Heavy-Duty

Clean Fuel Vehicles than Required

26

VEHICLE

TYPE

MDV

LEV

1.00

ULEV

1.87

ZEV

3.53

Table 2b: Credit Generation:

 Acquiring Heavy-Duty ULEV or

ZEV

Clean Fuel Vehicles

VEHICLE

TYPE

MDV

ULEV

 0.87

ZEV

2.53

Table 2c: Credits Needed in Lieu of Acquiring a Heavy-Duty LEV

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinioJ~and order was

adopted on the

_____________

 day of _______________________

1995, by a vote of

 7-C)

~L.

Dorothy M. 4inn, Clerk

Illinois Póflution Control Board