Clean-Fuel Fleet Program

[Title 40 CFR C]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Part 88 - CLEAN-FUEL VEHICLES]
[Subpart C - Clean-Fuel Fleet Program]
[From the U.S. Government Publishing Office]

40
PROTECTION OF ENVIRONMENT
9
1996-07-01
1996-07-01
false
Clean-Fuel Fleet Program
C
Subpart C

PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
CLEAN-FUEL VEHICLES

Subpart C--Clean-Fuel Fleet Program

Source: 58 FR 11901, Mar. 1, 1993, unless otherwise noted.

Sec. 88.301-93 General applicability.

(a) The requirements of this subpart apply to the following:
(1) State Implementation Plan revisions at 40 CFR part 52 made
pursuant to sections 110 and 246 of the CAA (42 U.S.C. 7410 and 7586)
hereafter referred to as the ``SIP revision''.
(2) All agencies, departments and instrumentalities of the United
States that are subject to the fleet programs established by a state's
SIP revision.
(b) The requirements of Secs. 88.302-93, 88.303-93, 88.311-93,
88.312-93, and 88.313-93 of this part apply to fleets which voluntarily
purchase and operate Inherently Low-Emission Vehicles (ILEVs).

Sec. 88.302-93 Definitions.

The definitions in 40 CFR part 86 of this chapter also apply to this
subpart. The definitions in this section apply to this subpart.
Combination heavy-duty vehicle means a vehicle with a GVWR greater
than 8,500 pounds (3,900 kilograms) which is comprised of a truck-
tractor and one or more pieces of trailered equipment. The truck-tractor
is a self-propelled motor vehicle built on one chassis

[[Page 23]]

which encompasses the engine, passenger compartment, and a means of
coupling to a cargo carrying trailer(s). The truck-tractor itself is not
designed to carry cargo.
Inherently Low-Emission Vehicle means any LDV or LDT conforming to
the applicable Inherently Low-Emission Vehicle standard, or any HDV with
an engine conforming to the applicable Inherently Low-Emission Vehicle
standard. No dual-fuel or flexible-fuel vehicles shall be considered
Inherently Low-Emission Vehicles unless they are certified to the
applicable standard(s) on all fuel types for which they are designed to
operate.
Partially-Covered Fleet pertains to a vehicle fleet in a covered
area which contains both covered fleet vehicles and non-covered fleet
vehicles, i.e., exempt from covered fleet purchase requirements.
Single-unit heavy-duty vehicle means a self-propelled motor vehicle
with a GVWR greater than 8,500 pounds (3,900 kilograms) built on one
chassis which encompasses the engine, passenger compartment, and cargo
carrying function, and not coupled to trailered equipment. All buses,
whether or not they are articulated, are considered single-unit
vehicles.

Sec. 88.302-94 Definitions.

The definitions in Sec. 88.302-93 and 40 CFR part 86 also apply to
this part. All terms used in this part, but not defined in this section
or in Sec. 88.302-93 and 40 CFR part 86 shall have the meaning assigned
to them in the Clean Air Act.
Can be centrally fueled means the sum of those vehicles that are
centrally fueled and those vehicles that are capable of being centrally
fueled.
(1) Capable of being centrally fueled means a fleet, or that part of
a fleet, consisting of vehicles that could be refueled 100 percent of
the time at a location that is owned, operated, or controlled by the
covered fleet operator, or is under contract with the covered fleet
operator. The fact that one or more vehicles in a fleet is/are not
capable of being centrally fueled does not exempt an entire fleet from
the program.
(2) Centrally fueled means a fleet, or that part of a fleet,
consisting of vehicles that are fueled 100 percent of the time at a
location that is owned, operated, or controlled by the covered fleet
operator, or is under contract with the covered fleet operator. Any
vehicle that is under normal operations garaged at home 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 vehicles in a fleet is/are not centrally
fueled does not exempt an entire fleet from the program. The fact that a
vehicle is not centrally fueled does not mean it could not be centrally
fueled in accordance with the definition of ``capable of being centrally
fueled.''
(3) Location means any building, structure, facility, or
installation which; is owned or operated by a person, or is under the
control of a person; is located on one or more contiguous properties and
contains or could contain a fueling pump or pumps for the use of the
vehicles owned or controlled by that person.
Clean-fuel vehicle aftermarket conversion certifier means the
business or entity that obtains a certificate of conformity with the
clean-fuel vehicle standards and requirements for a vehicle/engine
conversion configuration pursuant to the requirements of 40 CFR part 86
and this part 88.
Control means: (1) When it is used to join all entities under common
management, means any one or a combination of the following:
(i) A third person or firm has equity ownership of 51 percent or
more in each of two or more firms;
(ii) Two or more firms have common corporate officers, in whole or
in substantial part, who are responsible for the day-to-day operation of
the companies.
(iii) 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.
(2) When it is used to refer to the management of vehicles, means a
person has the authority to decide who can operate a particular vehicle,
and the purposes for which the vehicle can be operated.

[[Page 24]]

(3) 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.
Conversion configuration means any combination of vehicle/engine
conversion hardware and a base vehicle of a specific engine family.
Covered fleet operator means a person who operates a fleet of at
least ten covered fleet vehicles (as defined in section 241(6) of the
Act) and that fleet is operated in a single covered area (even if the
covered fleet vehicles are garaged outside of it). For purposes of this
definition, the vehicle types described in the definition of covered
fleet (section 241(5) of the Act) as exempt from the program will not be
counted toward the ten-vehicle criterion.
Dealer demonstration vehicle means any vehicle that is operated by a
motor vehicle dealer (as defined in section 216(4) of the Act) 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 vehicle for pre-purchase or pre-lease
evaluation.
Emergency vehicle means any 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.
Law enforcement vehicle means any 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, 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. For federal law enforcement
vehicles, the definition contained in Executive Order 12759, Section 11:
Alternative Fueled Vehicle for the Federal Fleet, Guidance Document for
Federal Agencies, shall apply.
Model year, as it applies to the clean fuel vehicle fleet purchase
requirements, means September 1 through August 31.
Motor vehicles held for lease or rental to the general public means
a 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 vehicle that has not been
previously controlled by the current purchaser, regardless of the model
year, except as follows: Vehicles that were manufactured before the
start of the fleet program for such vehicle's weight class, vehicles
transferred due to the purchase of a company not previously controlled
by the purchaser or due to a consolidation of business operations,
vehicles transferred as part of an employee transfer, or vehicles
transferred for seasonal requirements (i.e., for less than 120 days) are
not considered new. States are permitted to discontinue the use of the
fourth exception for fleet operators who abuse the discretion afforded
them. This definition of new covered fleet vehicle is distinct from the
definition of new vehicle as it applies to manufacturer certification,
including the certification of vehicles to the clean fuel standards.
Owned or operated, leased or otherwise controlled by such person
means either of the following:
(1) Such person holds the beneficial title to such vehicle; or
(2) Such person uses the vehicle for transportation purposes
pursuant to a contract or similar arrangement, the term of such contract
or similar arrangement is for a period of 120 days or more, and such
person has control over the vehicle pursuant to the definition of
control of this section.
Person includes 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.
Under normal circumstances garaged at personal residence means a
vehicle that,

[[Page 25]]

when it is not in use, is normally parked at the personal residence of
the individual who usually operates it, rather than at a central
refueling, maintenance, and/or business location. Such vehicles are not
considered to be capable of being central fueled (as defined in this
subpart) and are exempt from the program unless they are, in fact,
centrally fueled.
Vehicle used for motor vehicle manufacturer product evaluations and
tests means a vehicle that is owned and operated by a motor vehicle
manufacturer (as defined in section 216(1) of the Act), 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
vehicle for engineering, research and development, or quality control
reasons.

[58 FR 64691, Dec. 9, 1993, as amended at 59 FR 50080, Sept. 30, 1994]

Sec. 88.303-93 Abbreviations.

The abbreviations in subpart A of this part and in 40 CFR part 86
apply to this subpart. The abbreviations in this section apply to this
subpart.

ILEV--Inherently Low-Emission Vehicle.

Sec. 88.304-94 Clean-fuel fleet vehicle credit program.

(a) General. (1) The SIP revision shall provide for a CFFV credit
program to enable covered fleet owners/operators to meet the fleet
vehicle purchase requirements of the CAA both by purchasing clean-fuel
vehicles (CFVs) directly and by trading and banking CFFV credits for
vehicle purchases.
(2) All credit-generating vehicles must meet the applicable emission
standards and other requirements contained in 40 CFR part 88, subpart A.
(b) Program administration. (1)(i) Each state in which there is all
or part of a covered area, as defined in CAA section 246(a)(2), shall
promulgate regulations as necessary for implementing this requirement.
(ii) The state shall submit a SIP revision before May 15, 1994 to
the Administrator stipulating the specific mechanism by which the CFFV
program is to be administered and enforced. The credit program shall
commence upon EPA approval of the SIP in accordance with CAA section
246(f)(5).
(2) A fleet owner who purchases/leases a CFFV only to generate CFFV
credit shall be subject to the same requirements of the state's CFFV
program as a covered fleet owner who purchases/leases a CFFV to
demonstrate compliance with covered fleet purchase requirements.
(3) While in the covered area, a dual-fuel/flexible-fuel vehicle
which a fleet owner purchases to comply with covered fleet purchase
requirements must be operated at all times on the fuel(s) on which it
was certified as a CFFV. If the fleet owner receives credit for a dual-
fuel/flexible-fuel vehicle purchase, the vehicle must be operated at the
same emission level for which the vehicle generated CFFV credit.
(c) Credit generation. (1) States shall grant CFFV credits to a
covered fleet owner for any of the following qualifying CFFV purchases:
(i) Purchase of a CFFV during any period subsequent to the approval
of the SIP revision but prior to the effective date for commencement of
a state's CFFV purchase requirement if the purchase meets all other CFFV
requirements applicable to such purchases, including the statutory
requirement to use only the fuel on which the vehicle was certified as a
CFFV;
(ii) Purchase of a greater number of CFFVs than is required under
the SIP revision;
(iii) Purchase of a CFFV which meets more stringent emission
standards than required under the SIP revision; or
(iv) Purchase of a CFFV in an exempt or non-covered vehicle category
by the owner/operator of a covered or partially-covered fleet.
(2) A state may retroactively grant CFFV credit(s) to a fleet owner
for the purchase of a CFFV prior to the approval of the state's SIP
revision if the purchase met all CFFV credit program requirements
applicable to such purchases, including:
(i) The vehicle purchased would have to have been certified to CFFV
emission standards;

[[Page 26]]

(ii) The vehicle purchased would have to have been a dedicated-fuel
vehicle;
(iii) If the vehicle purchased was not a dedicated-fuel vehicle,
then the fleet owner would have to show that the vehicle had been
operated only on the clean alternative fuel on which the vehicle had
been certified as a CFFV.
(3) For LDVs and LDTs, credit values shall be determined in
accordance with Table C94-1. The state shall use Table C94-1 exclusively
in determining LDV and LDT CFFV credit values. Table C94-1.1 applies to
paragraphs (c)(1) (i), (ii) and (iv) of this section; Table C94-1.2
applies to paragraph (c)(1)(iii) of this section.
(4) In lieu of determining credit values in accordance with Table
C94-1, a state may specify in its SIP revision that Table C94-2 will be
used to determine LDV and LDT CFFV credit values in one or more affected
nonattainment areas. Any state choosing to do so must provide adequate
justification, based on air quality benefits, at the time the SIP
revision is submitted. If the use of Table C94-2 is approved by EPA, the
State shall use Table C94-2 exclusively in determining LDV and LDT CFFV
credit values for vehicles in the subject area or areas. Table C94-2.1
applies to paragraphs (b)(1) (i), (ii) and (iv) of this section; Table
C94-2.2 applies to paragraph (b)(1)(iii) of this section.
(5) In lieu of determining credit values in accordance with Table
C94-1, a state containing a carbon monoxide nonattainment area(s) having
a design value above 16.0 parts per million may specify in its SIP
revision that Table C94-3 will be used to determine LDV and LDT CFFV
credit values in one or more affected nonattainment areas. Any state
choosing to do so must provide adequate justification, based on air
quality benefits, at the time the SIP revision is submitted. If the use
of Table C94-3 is approved by EPA, the state shall use Table C94-3
exclusively in determining LDV and LDT CFFV credit values for vehicles
in the subject area or areas. Table C94-3.1 applies to paragraphs (b)(1)
(i), (ii) and (iv) of this section; Table C94-3.2 applies to paragraph
(b)(1)(iii) of this section.
(6) For HDVs, credit values shall be determined in accordance with
Table C94-4. The state shall use Table C94-4 exclusively in determining
heavy-duty vehicle CFFV credit values. Table C94-4.1 applies to
paragraphs (c)(1) (i), (ii) and (iv) of this section, and Table C94-4.2
applies to paragraph (c)(1)(iii) of this section.
(7) In lieu of determining credit values in accordance with Table
C94-4, a state containing a carbon monoxide nonattainment area(s) having
a design value above 16 parts per million may specify in its SIP
revision that Table C94-5 will be used to determine heavy-duty vehicle
CFFV credit values in one or more affected nonattainment areas. Any
state choosing to do so must provide adequate justification, based on
air quality benefits, at the time the SIP revision is submitted. If the
use of Table C94-5 is approved by EPA, the State shall use Table C94-5
exclusively in determining heavy-duty vehicle CFFV credit values for
vehicles in the subject area or areas. Table C94-5.1 applies to
paragraphs (b)(1) (i), (ii) and (iv) of this section; Table C94-5.2
applies to paragraph (b)(1)(iii) of this section.
(8) Credit values shall be rounded to two decimal places.
(9) Heavy heavy-duty vehicles. (i) States must allow purchase of any
clean-fuel single-unit or combination HDV with a GVWR greater than
26,000 pounds (11,800 kilograms) to generate CFFV credit for the fleet
vehicle purchaser.
(ii) States must exclude from generating CFFV credit the purchase of
any combination HDV with a GVWR greater than 26,000 pounds (11,800
kilograms) which pays all or a portion of its fuel taxes, as evidenced
by fuel tax stickers on the combination HDV, to a state(s) which is not
part of that covered nonattainment area.
(10) Light-duty CFFV credits. Credits generated by the purchase of a
qualifying clean-fuel fleet LDV or a LDT shall be designated at the time
of issuance as light-duty CFFV credits.
(11) Heavy-duty CFFV credits. Credits generated by the purchase of a
qualifying clean-fuel fleet HDV shall be designated at the time of
issuance as heavy-duty CFFV credits. Further, credits generated by the
purchase of a light heavy-duty or a medium heavy-

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duty qualifying CFFV shall be designated at the time of issuance as
light heavy-duty and medium heavy-duty CFFV credits, respectively.
(d) Credit use. (1) All credits generated in accordance with these
provisions may be freely traded or banked for later use, subject to the
provisions contained in this subpart, without discount or depreciation
of such credits.
(2) A covered fleet owner or operator desiring to demonstrate full
or partial compliance with covered fleet purchase requirements by the
redemption of credits shall surrender sufficient credits as established
in this paragraph. In lieu of purchasing a CFFV, a fleet owner or
operator shall surrender credits equal to the credit value for the
corresponding vehicle class and credit calculation method used in that
area from either Table C94-1.3, C94-2.3, C94-3.3, C94-4.3, or C94-5.3 of
this subpart.
(3) Credits earned within the boundaries of a covered nonattainment
area may be traded within those boundaries whether or not that area
encompasses parts of more than one state.
(4) Credits issued as a result of CFFV purchase requirements in one
nonattainment area may not be used to demonstrate compliance in another
nonattainment area, even if a state contains more than one covered
nonattainment area.
(5) Credit allocation. (i) Credits generated by the purchase of LDVs
and LDTs of 8,500 pounds (3,900 kilograms) GVWR or less may be used to
demonstrate compliance with covered fleet purchase requirements
applicable to LDVs or LDTs of 8,500 pounds (3,900 kilograms) GVWR or
less.
(ii) Credits generated by the purchase of vehicles of more than
8,500 pounds (3,900 kilograms) GVWR may not be used to demonstrate
compliance with the covered fleet purchase requirements for vehicles
weighing 8,500 pounds (3,900 kilograms) GVWR or less.
(iii) Credits generated by the purchase of vehicles of 8,500 pounds
(3,900 kilograms) GVWR or less may not be used to demonstrate compliance
with requirements for vehicles of more than 8,500 pounds (3,900
kilograms) GVWR.
(iv) Credits generated by the purchase of a HDV of a particular
weight subclass may be used to demonstrate compliance with required
heavy-duty vehicle purchases for the same or lighter weight subclasses.
These credits may not be used to demonstrate compliance with required
HDV purchases for vehicles of heavier weight subclasses than the weight
subclass of the vehicle which generated the credits.

Sec. 88.305-94 Clean-fuel fleet vehicle labeling requirements for heavy-duty vehicles.

(a) All clean-fuel heavy-duty engines and vehicles used as LEVs,
ULEVs, and ZEVs that are also regulated under 40 CFR part 86 shall
comply with the labeling requirements of 40 CFR 86.095-35 (or later
applicable sections), and shall also include an unconditional statement
on the label indicating that the engine or vehicle is a LEV, ULEV, or
ZEV, and meets all of the applicable requirements of this part 88.
(b) All heavy-duty clean-fuel fleet vehicles not regulated under 40
CFR part 86 shall have a permanent legible label affixed to the engine
or vehicle in a readily visible location, which contains the following
information:
(1) The label heading: vehicle emissions classification information
(e.g., ``This is a Low Emission Vehicle'');
(2) Full corporate name and trademark of the manufacturer;
(3) A statement that this engine or vehicle meets all applicable
requirements of the U.S. Environmental Protection Agency clean-fuel
fleet vehicle program, as described in this part 88, but not necessarily
those requirements found in 40 CFR part 86.

[59 FR 50080, Sept. 30, 1994]

Sec. 88.306-94 Requirements for a converted vehicle to qualify as a clean-fuel fleet vehicle.

(a) For purposes of meeting the requirements of section 246 of the
Clean Air Act or the SIP revisions, conversions of engines or vehicles
which satisfy the requirements of this section shall be treated as a
purchase of a clean-fuel vehicle under subpart C of this part.
(b) The engine or vehicle must be converted using a conversion
configuration which has been certified according to the provisions of 40
CFR part 86 using applicable emission standards

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and other provisions from part 88 for clean-fuel engines and vehicles.
The following requirements will also apply:
(1) If the installation of the certified conversion configuration is
performed by an entity other than aftermarket conversion certifier, the
aftermarket conversion certifier shall submit a list of such installers
to the Administrator. Additional installers must be added to this list
and the revised list submitted to the Administrator within 5 working
days from the time they are authorized to perform conversion
installations by the clean-fuel vehicle aftermarket conversion
certifier.
(2) If the installation of the certified conversion configuration is
performed by an entity other than the certificate holder, the
certificate holder shall provide instructions for installation of the
aftermarket conversion system to installers listed on the certificate,
and ensure that the systems are properly installed.
(3) For the purpose of determining whether certification under the
Small-Volume Manufacturers Certification Program pursuant to the
requirements of 40 CFR 86.094-14 is permitted, the 10,000 sales volume
limit in 40 CFR 86.094-14(b)(1) is waived for a certifier of a clean-
fuel vehicle aftermarket conversion.
(4) Clean-fuel vehicle aftermarket conversion certifiers that are
subject to the post-installation emissions testing requirements in
paragraph (c) of this section and who will satisfy these requirements by
using the two speed idle test procedure detailed in paragraph (c)(2)(ii)
of this section must conduct the following testing at the time of
certification in order to generate the required certification CO
emissions reference values. The certification CO emissions reference
values generated must be submitted to the Administrator at the time of
application for certification.
(i) For dual and flexible fuel vehicles, certification reference
values must be generated for each certification test fuel required for
exhaust emissions testing pursuant to 40 CFR 86.113 or 40 CFR 86.1313.
(ii) For light-duty vehicles and light-duty trucks the test fuels
used during the emissions testing required by paragraph (b)(3) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.113. For heavy-duty engines the test fuels
used during the emissions testing required by paragraph (b)(3) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.1313.
(iii) Single, consecutive idle mode and high-speed mode segments of
the two speed idle test must be conducted pursuant to the requirements
of 40 CFR 85.2215 and as modified by the provisions of paragraph
(c)(4)(ii)(D) of this section and this paragraph to determine the
required certification CO emission reference values.
(A) The certification CO emission reference value for the idle mode
of the test will be the simple average of all emissions measurements
taken during an idle mode of 90 seconds duration pursuant to the
requirements in 40 CFR 85.2215(a).
(B) The certification CO emission reference value for the high-speed
mode of the test will be the simple average of all emissions
measurements taken during a high-speed mode of 180 seconds duration
pursuant to the requirements in 40 CFR 85.2215(a).
(c) Except as provided in paragraph (c)(1) of this section, each
converted vehicle manufactured by a clean-fuel vehicle aftermarket
conversion certifier with aggregate sales of less than 10,000 converted
vehicles within a given calendar year must satisfy the post-installation
emissions testing requirements of paragraph (c)(2) of this section. If a
vehicle fails to satisfy the emissions testing requirements such vehicle
may not be considered a clean- fuel vehicle until such noncompliance is
rectified and compliance is demonstrated.
(1) A clean-fuel vehicle aftermarket conversion certifier with
estimated sales of 300 or fewer engines and vehicles in a calendar year
and which sells or converts vehicles outside of a non-attainment area
(as classified under subpart D of Title I) which has an inspection and
maintenance program that includes a test of carbon monoxide emissions
may submit a request to the Administrator for an exemption from

[[Page 29]]

the post-installation emission test requirements of paragraph (c) of
this section. If granted, such an exemption would apply to converted
vehicles that have the conversion installation performed outside of a
nonattainment area which has an inspection and maintenance program that
includes a test of carbon monoxide emissions.
(i) The request for exemption submitted to the Administrator must
include the following:
(A) The estimated number of engines and vehicles that will be
converted in the calendar year.
(B) Sufficient information to demonstrate that complying with the
post-installation emission test requirement represents a severe
financial hardship.
(C) A description of any emission related quality control procedures
used.
(ii) Within 120 days of receipt of the application for exemption,
the Administrator will notify the applicant either that an exemption is
granted or that sufficient cause for an exemption has not been
demonstrated and that all of the clean-fuel vehicle aftermarket
conversion certifier's vehicles are subject to the post-installation
test requirement of paragraph (c)(2) of this section.
(iii) If the clean-fuel vehicle aftermarket conversion certifier
granted an exemption originally estimates that 300 or fewer conversions
would be performed in the calendar year, and then later revises the
estimate to more than 300 for the year, the certifier shall inform the
Administrator of such revision. A post-installation emissions test for
each conversion performed after the estimate is revised is required
pursuant to the requirements of paragraph (c)(2) of this section. The
estimated number of conversions from such a clean-fuel vehicle
aftermarket conversion certifier must be greater than 300 in the
following calendar year.
(2) A clean-fuel vehicle aftermarket conversion certifier with
aggregate sales less than 10,000 converted vehicles within a given
calendar year shall conduct post-installation emissions testing using
either of the following test methods:
(i) The carbon monoxide (CO) emissions of the converted vehicle must
be determined in the manner in which CO emissions are determined
according to the inspection and maintenance requirements applicable in
the area in which the vehicle is converted or is expected to be
operated.
(A) For dual-fuel vehicles, a separate test is required for each
fuel on which the vehicle is capable of operating. For flexible fuel
vehicles, a single test is required on a fuel that falls within the
range of fuel mixtures for which the vehicle was designed. The test
fuel(s) used must be commercially available.
(B) A converted vehicle shall be considered to meet the requirements
of this paragraph if the vehicle's measured exhaust CO concentration(s)
is lower than the cutpoint(s) used to determine CO pass/fail under the
inspection and maintenance program in the area in which the conversion
is expected to be operated.
(1) If CO pass/fail criteria are not available for a vehicle fuel
type then pass/fail criteria specific to gasoline use are to be used for
vehicles of that fuel type.
(2) [Reserved].
(ii) The carbon monoxide (CO) emissions of the converted vehicle
must be determined in the manner specified in the two speed idle test-
EPA 91 found in 40 CFR 85.2215. All provisions in the two speed idle
test must be observed except as detailed in paragraph (c)(2)(ii)(D) of
this section.
(A) For dual and flexible fuel vehicles, a separate test is required
for each certification test fuel required for exhaust emissions testing
pursuant to 40 CFR 86.113 or 40 CFR 86.1313.
(B) For light-duty vehicles and light-duty trucks the test fuels
used during the emissions testing required by paragraph (c)(4) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.113. For heavy-duty engines the test fuels
used during the emissions testing required by paragraph (c)(2) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.1313.
(C) A converted vehicle shall be considered to meet the requirements
of this paragraph if the following criteria are satisfied:
(1) The vehicle's measured idle mode exhaust CO concentration(s)
must be lower than the sum of 0.4 percent CO

[[Page 30]]

plus the idle mode certification CO emissions reference value as
determined according to the requirements of paragraph (b)(3) of this
section.
(2) The vehicle's measured high-speed mode exhaust CO
concentration(s) must be lower than the sum of 0.4 percent CO plus the
high-speed certification CO emissions reference value as determined
according to the requirements of paragraph (b)(3) of this section.
(D) For the purposes of the post-installation emissions testing
required by paragraph (c) of this section, the following adjustments to
the two speed idle test-EPA 91 in 40 CFR 85.2215 are necessary.
(1) Testing of hydrocarbon emissions and equipment associated solely
with hydrocarbon emissions testing is not required.
(2) The CO emissions pass/fail criteria in 40 CFR 85.2215(a)(2),
(c)(1)(ii)(A), (c)(2)(ii)(A)(1), (c)(2)(iii)(A)(1), and (d)(3)(i) are to
be replaced with the pass/fail criteria detailed in paragraph
(c)(2)(ii)(C) of this section. All HC pass/fail criteria in 40 CFR
85.2215 do not apply.
(3) The void test criteria in 40 CFR 85.2215(a)(3) and (b)(2)(iv)
associated with maintaining the measured concentration of CO plus
CO^{2 above six percent does not apply. However, the Administrator
may reconsider requiring that the void test criteria in 40 CFR
85.2215(a)(3) and (b)(2)(iv) be applied, and may issue an advisory
memorandum to this effect in the future.
(4) The ambient temperature levels encountered by the vehicle during
testing must comply with the specifications in 40 CFR 86.130 or 40 CFR
86.1330.
(d) The clean-fuel vehicle aftermarket conversion certifier shall be
considered a manufacturer for purposes of Clean Air Act sections 206 and
207 and related enforcement provisions, and must accept liability for
in-use performance of all the vehicles produced under the certificate of
conformity as outlined in 40 CFR part 85.
(1) The useful life period for the purposes of determining the in-
use liability of the clean-fuel vehicle aftermarket conversion certifier
shall be the original useful life of the vehicle prior to conversion.
(2) [Reserved]
(e) Tampering. (1) The conversion from an engine or vehicle capable
of operating on gasoline or diesel fuel only to a clean-fuel engine or
vehicle shall not be considered a violation of the tampering provisions
of Clean Air Act section 203(a)(3), if such conversion is done pursuant
to a conversion configuration certificate by the aftermarket conversion
certifier or by an installer listed on the certificate.
(2) In order to comply with the provisions of this subpart, an
aftermarket conversion installer must:
(i) Install a certified aftermarket conversion system for which the
installer is listed by the certifier; and
(ii) Perform such installation according to instructions provided by
the aftermarket conversion certifier.
(f) Data collection. The clean-fuel vehicle aftermarket conversion
certifier is responsible for maintaining records of each engine and
vehicle converted for use in the Clean Fuel Fleets program for a period
of 5 years. The records are to include the engine or vehicle make,
engine or vehicle model, engine or vehicle model year, and engine or
vehicle identification number of converted engines and vehicles; the
certification number of the conversion configuration; the brand names
and part numbers of the parts included in the conversion configuration;
the date of the conversion and the facility at which the conversion was
performed; and the results of post-installation emissions testing if
required pursuant to paragraph (c) of this section.

[59 FR 50080, Sept. 30, 1994, as amended at 61 FR 129, Jan. 3, 1996]

Sec. 88.307-94 Exemption from temporal transportation control measures for CFFVs.

(a) States with covered areas shall exempt any CFFV required by law
to participate in the clean-fuel fleet program or any vehicle generating
credits under Sec. 88.304-94(c) from transportation control measures
(TCMs) existing wholly or partially for air quality reasons included in
an approved state implementation plan which restrict vehicle usage based
primarily on temporal

[[Page 31]]

considerations, such as time-of-day and day-of-week exemptions. However,
CFFVs shall not qualify for TCMs where the temporal element is secondary
to some other control element and, in no case, shall such exemptions
apply if they create a clear and direct safety hazard. This exemption
does not include access to high occupancy vehicle (HOV) lanes, except as
provided in Sec. 88.313-93.
(b) States shall also grant temporal TCM exemptions to qualifying
CFFVs being operated after SIP approval, but prior to the effective date
for commencement of a state's CFFV credit program.
(c) Temporal TCM exemptions provided for in paragraph (a) of this
section are not effective outside of the areas for which states can be
required to establish CFFV credit programs.
(1) Such exemptions shall remain effective only while the subject
vehicle remains in compliance with applicable CFFV emissions standards
and other CFFV credit program requirements.
(2) CFFV TCM exemptions shall not be transferred between vehicles
within the same fleet nor shall they be sold or traded.

Sec. 88.308-94 Programmatic requirements for clean-fuel fleet vehicles.

Multi-State nonattainment areas. The states comprising a multi-State
nonattainment area shall, to the greatest extent possible, promulgate
consistent clean-fuel fleet vehicle programs.

[59 FR 50082, Sept. 30, 1994]
88.309 [Reserved]

Sec. 88.310-94 Applicability to covered federal fleets.

(a) Compliance by Federal vehicles. As per section 258(a) of the
Act, fleets owned or operated by any agency, department, or
instrumentality of the United States shall comply with the applicable
state regulations concerning CFFVs established in the SIP revision. Such
fleets shall be treated in the same manner as private or other
government fleets under the applicable state regulations.
(1) Federal agencies shall obtain CFFVs from original equipment
manufacturers, to the extent possible, as required under section 248 of
the CAA.
(2) The Secretary of Defense may exempt any vehicle(s) from the
provisions of any CFFV credit program established in the SIP revision by
certifying to the Administrator in writing that inclusion of the
specified vehicle(s) in such a program could have an adverse impact on
the national security. The Secretary of Defense shall also provide a
copy of this statement of exemption to the state agency administering
the CFFV credit program in the covered area in which the specified
vehicle(s) is registered/operated.
(b) [Reserved]

Sec. 88.311-93 Emissions standards for Inherently Low-Emission Vehicles.

(a) Certification. (1) Emissions Testing Procedures. A vehicle shall
be certified as an ILEV if that vehicle satisfies the following
conditions:
(i) The vehicle shall be certified under the appropriate exhaust
emissions standards from paragraph (c) or (d) of this section depending
on the vehicle's weight classification.
(ii) The vehicle shall be certified as having fuel vapor emissions
which are five or less total grams per test as measured by the current
Federal Test Procedure (FTP), modified for ILEV certification, from 40
CFR part 86, subpart B for LDVs and LDTs and from 40 CFR part 86,
subpart M for HDVs.
(A) After disabling any and all auxiliary emission control devices
(canister, purge system, etc.) related to control of evaporative
emissions, the fuel vapor emissions shall be measured using the FTP
regulations in effect at the time the vehicle is to be certified as an
ILEV. For purposes of this section, the vehicle's fuel vapor emissions
shall consist of the total grams of diurnal, hot soak, running loss, and
resting loss emissions, as appropriate, for the particular fuel/vehicle/
engine combination to be tested. In determining ILEV evaporative
emissions, the diurnal emissions measurement procedure shall consist of
a single diurnal heat build using an ambient or fuel temperature range
of 72 deg.-96 deg.F (22 deg.-36 deg.C), as appropriate for the
applicable FTP regulations (40 CFR part 86).

[[Page 32]]

(B) Conventional Federal Test Procedure. A vehicle with no
evaporative emissions control system components may have its evaporative
emissions certified for its particular GVWR weight class/subclass if it
passes the conventional evaporative emissions FTP from 40 CFR part 86,
subpart B for LDVs and LDTs or from 40 CFR part 86, subpart M for HDVs,
as applicable.
(iii) The vehicle must meet other special requirements applicable to
conventional or clean-fuel vehicles and their fuels as described in any
other parts of this chapter, including 40 CFR parts 86 and 88.
(2) Vehicles which have a closed or sealed fuel system may be
certified at the administrator's option by engineering evaluation in
lieu of testing. These vehicles will be certified as ILEVs only if a
leak in the fuel system would result in the vehicle becoming inoperative
due to loss of fuel supply, or if half the fuel escapes within 24 hours.
(b) Identification. In the application for a vehicle's certification
as an ILEV, the manufacturer or the manufacturer's agent shall provide
for positive identification of the vehicle's status as an ILEV in the
vehicle's Vehicle Emission Control Information (VECI) label in
accordance with 40 CFR 86.094-35 and 86.095-35. The label shall contain
a highlighted statement (e.g., underscored or boldface letters) that the
vehicle is certified to applicable emission standards for ILEV exhaust
and evaporative emission standards.
(c) Light-duty vehicles and light-duty trucks. ILEVs in LDV and LDT
classes shall have exhaust emissions which do not exceed the LEV exhaust
emission standards for NMOG, CO, HCHO, and PM and the ULEV exhaust
emission standards for NOx listed in Tables A104-1 through A104-6
for light-duty CFVs. Exhaust emissions shall be measured in accordance
with the test procedures specified in Sec. 88.104-94(k). An ILEV must be
able to operate on only one fuel, or must be certified as an ILEV on all
fuels on which it can operate. These vehicles shall also comply with all
requirements of 40 CFR part 86 which are applicable to conventional
gasoline-fueled, methanol-fueled, diesel-fueled, natural gas-fueled or
liquified petroleum gas-fueled LDVs/LDTs of the same vehicle class and
model year.

(d) Heavy-duty vehicles. ILEVs in the HDV class shall have exhaust
emissions which do not exceed the exhaust emission standards in grams
per brake horsepower-hour listed in Sec. 88.105-94(d). Exhaust emissions
shall be measured in accordance with the test procedures specified in
Sec. 88.105-94(e). An ILEV must be able to operate on only one fuel, or
must be certified as an ILEV on all fuels on which it can operate. These
vehicles shall also comply with all requirements of 40 CFR part 86 which
are applicable in the case of conventional gasoline-fueled, methanol-
fueled, diesel-fueled, natural gas-fueled or liquified petroleum gas-
fueled HDVs of the same weight class and model year.
(e) Applicability. State actions to opt out of the clean-fuel fleet
program under section 182(c) of the Act do not affect the applicability
of the ILEV program in the affected states.

[57 FR 60046, Dec. 17, 1992, as amended at 59 FR 48536, Sept. 21, 1994;
59 FR 50082, Sept. 30, 1994, 61 FR 127, Jan. 3, 1996]

Sec. 88.311-98 Emissions standards for Inherently Low-Emission Vehicles.

Section 88.311-98 includes text that specifies requirements that
differ from Sec. 88.311-93. Where a paragraph in Sec. 88.311-93 is
identical and applicable to Sec. 88.311-98, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 88.311-93.''
(a) heading through (a)(1)(ii) [Reserved]. For guidance see
Sec. 88.311-93.
(iii) The vehicle must meet other special requirements applicable to
conventional or clean-fuel vehicles and their fuels as described in any
other regulations in 40 CFR chapter I, subchapter C, including 40 CFR
parts 86 and 88 (e.g., onboard refueling provisions).
(b) through (e) [Reserved]. For guidance see Sec. 88.311-93.

[59 FR 16309, Apr. 6, 1994]

Effective Date Note: The new information collection requirements for
Sec. 88.311-98 published in the Federal Register at 59 FR 16309, Apr. 6,
1994, which apply to 1998 and later model year vehicles, have not been
approved by the Office of Management and Budget (OMB) and are not
effective. The Environmental Protection Agency will publish

[[Page 33]]

a document once OMB approves the information collection requirements.

Sec. 88.312-93 Inherently Low-Emission Vehicle labeling.

(a) Label design. (1) Label design shall consist of either of the
following specifications:
(i) The label shall consist of a white rectangular background,
approximately 12 inches (30 centimeters) high by 18 inches (45
centimeters) wide, with ``CLEAN AIR VEHICLE'' printed in contrasting
block capital letters at least 4.3 inches (10.6 centimeters) tall and
1.8 inches (4.4 centimeters) wide with a stroke width not less than 0.5
inches (1.3 centimeters). In addition, the words ``INHERENTLY LOW-
EMISSION VEHICLE'' must be present in lettering no smaller than 1 inch
(2.5 centimeters) high. Nothing shall be added to the label which
impairs readability. Labels shall include a serialized identification
number; or
(ii) The label shall consist of a white truncated-circular
background, approximately 10 inches (25 centimeters) in diameter by 7
inches (17.5 centimeters) in height. The bottom edge of the truncated-
circular background shall be approximately 2 inches (5 centimeters) from
the center. The acronym ``ILEV'' shall be printed on the label in
contrasting block capital letters at least 2 inches (5 centimeters) tall
and 1.5 inches (3.8 centimeters) wide with a stroke width not less than
0.4 inches (1.0 centimeter). In addition, the words ``CLEAN AIR
VEHICLE'' must be present in lettering no smaller than 0.8 inches (2.0
centimeters) high. Nothing shall be added to the label which impairs
readability. Labels shall include a serialized identification number.
(2) The ILEV label shall be fabricated or affixed to a vehicle in
such a manner that its removal from the vehicle cannot be accomplished
without defacing or destroying the label in whole or in part.
(3) Along with the manufacturer's application to certify a
particular ILEV engine class, the manufacturer or the manufacturer's
agent shall submit to EPA ILEV labels or reasonable facsimiles of the
types which may be mounted on a certified ILEV vehicle of that class.
(b) Eligibility. Vehicle manufacturers or their agents must install
ILEV labels on a certified ILEV vehicle at the time of its sale to an
eligible fleet owner if the vehicle is to be eligible for expanded TCM
exemptions. An eligible fleet owner is one who is in a covered area and
owns a total of at least ten motor vehicles (including the ILEV(s) being
purchased) which operate in the owner's fleet. All of the following
shall be provided to demonstrate eligibility: Photocopies of no less
than nine motor vehicle registrations indicating registration in the
ILEV purchaser's name, a signed statement by the ILEV purchaser that
these vehicles are operational in the purchaser's fleet and that the
ILEV being purchased will also be operated in this fleet, and a signed
statement by the ILEV purchaser that the ILEV labels will be removed and
disposed of when the vehicle is sold, given, leased (except as part of a
daily rental fleet), or offered for long-term loan to someone who has
not demonstrated eligibility for expanded TCMs available to ILEVs
according to these criteria.
(c) ILEV Label installation. (1) Except as provided for in this
paragraph (c), no person shall attach an ILEV label or any facsimile of
an ILEV label to any vehicle.
(2)(i) The manufacturer or the manufacturer's agent shall attach
three labels on the vehicle in plain sight: One on the rear of the
vehicle and one on each of two sides of the vehicle. Each label shall
conform to the specifications of paragraph (a) of this section.
(ii) In the case that an ILEV label of the proportions specified in
paragraph (a)(1) of this section cannot be attached to the rear of the
ILEV, the manufacturer or the manufacturer's agent shall attach to the
rear of the vehicle an ILEV label of either of the following
proportions:
(A) The label shall consist of a white rectangular background,
approximately 4 inches (10 centimeters) high by 24 inches (60
centimeters) wide, with ``CLEAN AIR VEHICLE'' printed in contrasting
block capital letters at least 2.8 inches (7 centimeters) tall and 1.3
inches (3.3 centimeters) wide with a

[[Page 34]]

stroke width not less than 0.3 inches (0.8 centimeter). In addition, the
words ``INHERENTLY LOW-EMISSION VEHICLE'' must be present in lettering
no smaller than 0.6 inches (1.5 centimeters) high. Nothing shall be
added to the label which impairs readability. Labels shall include a
serialized identification number; or
(B) The label shall consist of a white truncated-circular
background, approximately 5 inches (12.5 centimeters) in diameter by 3.5
inches (8.8 centimeters) in height. The bottom edge of the truncated-
circular background shall be approximately 1 inch (2.5 centimeters) from
the center. The acronym ``ILEV'' shall be printed on the label in
contrasting block capital letters at least 1 inch (2.5 centimeters) tall
and 0.8 inches (2.0 centimeters) wide with a stroke width not less than
0.3 inches (0.8 centimeters). In addition, the words ``CLEAN AIR
VEHICLE'' must be present in lettering no smaller than 0.4 inches (1.0
centimeter) high. Nothing shall be added to the label which impairs
readability. Labels shall include a serialized identification number.
(d) Label removal. Fleet ILEV owners shall remove and dispose of the
ILEV labels on a vehicle before selling or transferring ownership of an
ILEV or offering it for lease (unless the ILEV is part of a daily rental
fleet) or long-term loan. This provision shall not apply if the person
who is receiving the vehicle demonstrates eligibility for expanded TCM
exemptions under the federal ILEV program as described in paragraph (b)
of this section, or is otherwise qualified under state regulations which
expressly expand ILEV label eligibility.
(e) Label replacement. (1) The manufacturer shall make replacement
ILEV labels available to the fleet owner of a qualifying ILEV to replace
any ILEV label which has been lost or removed due to vehicle damage,
repair, sale, or lease. The fleet owner's request shall include proof of
ownership of the ILEV in question and proof of the fleet owner's
eligibility for ILEV TCM exemptions, as outlined in paragraph (c) of
this section. Each label shall be imprinted with the same serial number
as initially assigned to the damaged/missing ILEV label(s) for that
vehicle. Any portion of a damaged label remaining on the ILEV shall be
removed from the vehicle and submitted with the request as proof of
loss.
(2) Upon receipt of the replacement ILEV label(s), the fleet owner
shall attach the new ILEV label(s) only to the vehicle for which
replacement ILEV label(s) were requested.

[58 FR 11901, Mar. 1, 1993, as amended at 61 FR 128, Jan. 3, 1996]

Sec. 88.313-93 Incentives for the purchase of Inherently Low-Emission Vehicles.

(a) Administration. (1) The incentives granted to ILEVs provided in
this section are not effective outside of nonattainment areas for which
states are required to establish CFFV programs under section 246 of the
CAA, unless specifically added by states for qualifying vehicles.
(2) Incentives for purchasing ILEVs shall not be transferred between
vehicles within the same fleet nor shall they be sold or traded.
(3) No vehicle over 26,000 pounds (11,800 kilograms) GVWR shall be
eligible for the following ILEV incentives.
(b) Exemption from temporal TCMs. A fleet vehicle which has been
certified and labeled as an ILEV according to the provisions of this
section and which continues to be in compliance with applicable
emissions standards and other ILEV program requirements shall be
exempted from TCMs existing for air quality reasons included in approved
state implementation plans which restrict vehicle usage based primarily
on temporal considerations, such as time-of-day and day-of-week
exemptions.
(c) Exemption from high-occupancy vehicle lane restrictions. (1) A
fleet vehicle which has been certified and labeled as an ILEV according
to the provisions of Secs. 88.311 and 88.312 and which continues to be
in compliance with applicable emissions standards and other ILEV program
requirements shall be exempt from TCMs which restrict a vehicle's access
to certain roadway lanes based

[[Page 35]]

on the number of occupants in that vehicle, usually known as high-
occupancy vehicle (HOV) lanes. These exemptions shall not apply if they
would create a clear and direct safety hazard.
(2) In a state containing a covered area, or areas, the governor may
petition the Administrator for a waiver from the exemption from HOV lane
restrictions for ILEVs for any section of HOV lane in the covered
area(s) that can be shown to be congested primarily due to the operation
or projected operation of ILEVs. The waiver application shall
demonstrate the infeasibility of other means of alleviating HOV/CAV lane
congestion, such as adding an additional HOV/CAV lane, further
increasing vehicle occupancy requirements and reducing the use of the
lane by noneligible vehicles.

Tables to Subpart C of Part 88

Table C94-1.--Fleet Credit Table Based on Reduction in NMOG. Vehicle Equivalents for Light-Duty Vehicles and
Light-Duty Trucks
Table C94-1.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDV, LDT 6000 eq>6000 GVWR, LDT >6000 GVWR, LDT >6000 GVWR, LDT >6000
NMOG GVWR, 3750 LVW 3750 >3750 ALVW 5750
eq>3750 LVW thn-eq>5750 LVW ALVW thn-eq>5750 ALVW
ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.26 0.71 0.91 1.11
ULEV........................... 1.20 1.54 1.00 1.26 1.56
ZEV............................ 1.43 1.83 1.43 1.83 2.23
----------------------------------------------------------------------------------------------------------------

Table C94-1.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDV, LDT 6000
thn-eq>6000 eq>6000 GVWR, LDT >6000 GVWR, >3750 LDT >6000
NMOG GVWR, 3750 LVW 3750 LVW thn-eq>5750 LVW eq>3750 ALVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV........................... 0.00 0.00 0.00 0.00 0.00
ULEV.......................... 0.20 0.29 0.29 0.34 0.45
ZEV........................... 0.43 0.57 0.71 0.91 1.11
----------------------------------------------------------------------------------------------------------------

Table C94-1.3.--Credit Needed in Lieu of Purchasing a LEV To Meet the Mandate
--------------------------------------------------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 GVWR, 5750 LVW eq>3750 ALVW ALVW 5750 ALVW
eq>3750 LVW eq>5750 ALVW

--------------------------------------------------------------------------------------------------------------------------------------------------------
LEV................................................................ 1.00 1.26 0.71 0.91 1.11
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table C94-2.--Fleet Credit Table Based on Reduction in NMOG+NOx. Vehicle Equivalents for Light-Duty Vehicles and
Light-Duty Trucks
Table C94-2.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.39 0.33 0.43 0.52

[[Page 36]]

ULEV........................... 1.09 1.52 1.00 1.39 2.06
ZEV............................ 1.73 2.72 1.73 2.72 3.97
----------------------------------------------------------------------------------------------------------------

Table C94-2.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV............................ 0.00 0.00 0.00 0.00 0.00
ULEV........................... 0.09 0.13 0.67 0.96 1.54
ZEV............................ 0.73 1.34 1.40 2.29 3.45
----------------------------------------------------------------------------------------------------------------

Table C94-2.3.--Credit Needed in Lieu of Purchasing a LEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000
thn-eq>6000 >3750 LVW 6000 GVWR, GVWR, >3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW 3750 ALVW 3750 LVW ALVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.39 0.33 0.43 0.52
----------------------------------------------------------------------------------------------------------------

Table C94-3.--Fleet Credit Table Based on Reduction in Carbon Monoxide. Vehicle Equivalents for Light-Duty
Vehicles and Light-Duty Trucks
Table C94-3.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000
thn-eq>6000 >3750 LVW 6000 GVWR, GVWR, >3750 LDT >6000
CO GVWR, 5750 LVW 3750 ALVW 3750 LVW ALVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.00 1.00 1.00 1.00
ULEV........................... 2.00 2.29 2.00 2.29 2.47
ZEV............................ 3.00 3.59 3.00 3.59 3.94
----------------------------------------------------------------------------------------------------------------

Table C94-3.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
CO GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW

[[Page 37]]

ZEV............................ 2.00 2.29 2.00 2.29 2.47
----------------------------------------------------------------------------------------------------------------

Table C94-3.3.--Credit Needed in Lieu of Purchasing a LEV To Meet The Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
CO GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW

----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.00 1.00 1.00 1.00
----------------------------------------------------------------------------------------------------------------

Table C94-4.--Fleet Credit Table Based on Reduction in NMHC+NOX. Vehicle
Equivalents for Heavy-Duty Vehicles--Table C94-4.1.--Credit Generation:
Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
------------------------------------------------------------------------
Light Medium Heavy
NMHC+NOX HDV HDV HDV
------------------------------------------------------------------------
LEV....................................... 1.00 1.00 1.00
ULEV...................................... 1.87 1.87 1.87
ZEV....................................... 3.53 3.53 3.53
------------------------------------------------------------------------

Table C94-4.2.--Credit Generation: Purchasing a ULEV or ZEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV
------------------------------------------------------------------------
LEV................................................. 0.00 0.00
ULEV................................................ 0.87 0.87
ZEV................................................. 2.53 2.53
------------------------------------------------------------------------

Table C94-4.3.--Credit Needed in Lieu of Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV
------------------------------------------------------------------------
LEV................................................. 1.00 1.00
------------------------------------------------------------------------

Table C94-5.--Fleet Credit Table Based on Reduction in Co. Vehicle
Equivalents for Heavy-Duty Vehicles--Table C94-5.1.--Credit Generation:
Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
------------------------------------------------------------------------
Light Medium Heavy
CO HDV HDV HDV
------------------------------------------------------------------------
LEV....................................... 1.00 1.00 1.00
ULEV...................................... 2.00 2.00 2.00
ZEV....................................... 3.00 3.00 3.00
------------------------------------------------------------------------

Table C94-5.2.--Credit Generation: Purchasing a ULEV or ZEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
CO HDV HDV
------------------------------------------------------------------------
LEV................................................. 0.00 0.00
ULEV................................................ 1.00 1.00
ZEV................................................. 2.00 2.00
------------------------------------------------------------------------

Table C94-5.3.--Credit Needed in Lieu of Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
CO HDV HDV
------------------------------------------------------------------------
LEV................................................. 1.00 1.00
------------------------------------------------------------------------

[58 FR 11901, Mar. 1, 1993, as amended at 59 FR 50082, Sept. 30, 1994,
61 FR 128, Jan. 3, 1996]

[[Page 38]]}