Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 241 - CLEAN FUEL FLEET PROGRAM › Subpart A - GENERAL PROVISIONS › Section 241.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Adjusted loaded vehicle weight (ALVW)" means the numerical
				  average of the vehicle curb weight and the GVWR, as designated by the
				  manufacturer.
"Capable of being centrally fueled" means a motor vehicle
				  that could be refueled 100 percent of the time at a location that is owned,
				  operated, or controlled by the covered fleet owner or operator, or is under
				  contract with the covered fleet owner or operator. Motor vehicles that are
				  under normal conditions garaged at a personal residence are not considered to
				  be capable of being centrally fueled and are exempt from the program unless
				  they are, in fact, centrally fueled. The fact that one or more motor vehicles
				  in a fleet are not capable of being centrally fueled does not exempt an entire
				  fleet from the program. To determine whether a motor vehicle is capable of
				  being centrally fueled 100 percent of the time, the owner or operator shall
				  perform the following calculation for each motor vehicle in the fleet for which
				  an exemption under Section
				  241.111(a)(10)
				   is being claimed, and, annually thereafter,
				  if additional new covered fleet vehicles are acquired and an exemption is
				  claimed under Section
				  241.111(a)(10):
For each motor vehicle, sum the miles it is driven for a
				  three month period beginning May 1, or the first day of the first full month in
				  which the fleet may be covered.
Divide total miles for the given time period for each motor
				  vehicle by its number of round trips. A round trip occurs each time a motor
				  vehicle leaves its location or a contracted refueling station and returns to
				  its location or a contracted refueling station.
If the average number of miles per round trip for the motor
				  vehicle is less than 300 miles, then the motor vehicle is capable of being
				  centrally fueled.
"Centrally fueled" means a motor vehicle that is fueled 100
				  percent of the time at a location that is owned, operated, or controlled by the
				  covered fleet owner or operator, or is under contract with the covered fleet
				  owner or operator. Any motor vehicle that is under normal operations garaged at
				  a personal residence at night but that is, in fact, centrally fueled 100
				  percent of the time shall be considered to be centrally fueled for the purpose
				  of this definition. The fact that one or more motor vehicles in a fleet are not
				  centrally fueled does not exempt an entire fleet from the program.
"Clean alternative fuel" means any fuel (including methanol;
				  ethanol; or other alcohols containing 85 percent or more by volume of such
				  alcohol with gasoline or other fuels; reformulated gasoline; diesel; natural
				  gas; liquefied petroleum gas; and hydrogen) or power source (including
				  electricity) used in a clean fuel vehicle that complies with the standards and
				  requirements applicable to such motor vehicle under this Part when using such
				  fuel or power source. In the case of any flexible fueled vehicle or dual fueled
				  vehicle, the term "clean alternative fuel" means only a fuel with respect to
				  which such motor vehicle was certified as a clean fuel vehicle meeting the
				  emission standards applicable to such motor vehicle weight class as set forth
				  in Appendix A and in 40 CFR Part 88, Subpart A, incorporated by reference at
				  Section
				  241.104
				  of this Subpart, when operating on clean alternative fuel.
"Clean fuel vehicle" means a motor vehicle in a class or
				  category of motor vehicles (e.g., LDVs, LDTs, or HDVs) which have been
				  certified by USEPA to meet the clean fuel vehicle standards applicable under
				  Subpart B of this Part.
"Control" shall have the following meanings:
When it is used to join all entities under common management,
				  means any one or a combination of the following:
Any person that has equity ownership of 51 percent or more in
				  each of two or more firms;
Two or more firms have common officers, in whole or in
				  substantial part, who are responsible for the day-to-day operation of the
				  companies; or
One firm leases, operates, supervises or in 51 percent or
				  greater part owns equipment and/or facilities used by another person or firm,
				  or has equity ownership of 51 percent or more of another firm.
When it is used to refer to the management of motor vehicles,
				  means a person has the authority to decide who can operate a particular motor
				  vehicle, and the purposes for which the motor vehicle can be operated.
When it is used to refer to the management of people, means a
				  person has the authority to direct the activities of another person or employee
				  in a precise situation, such as at the workplace.
"Covered area" means the Chicago area counties of Cook,
				  DuPage, Kane, Lake, McHenry and Will and the Townships of Aux Sable and Goose
				  Lake in Grundy County and the Township of Oswego in Kendall County.
"Covered fleet" means ten or more covered fleet vehicles
				  which are owned or operated by a person. In determining the number of covered
				  fleet vehicles owned or operated by a person for purposes of this Part, all
				  motor vehicles owned or operated, leased or otherwise controlled by such
				  person, and by any person who controls such person, and by any person under
				  common control with such person, shall be treated as owned by such person.
				  Covered fleets include distributed and partially covered fleets.
"Covered fleet owner or operator" means a person who
				  operates, owns, or controls a fleet of at least ten covered fleet vehicles that
				  are located or primarily operated in the covered area (even if the covered
				  fleet vehicles are garaged outside of the covered area).
"Covered fleet vehicle" means a motor vehicle which
				  is:
In a vehicle class for which standards are applicable under
				  this Part; and
In a covered fleet which is centrally fueled or capable of
				  being centrally fueled. Covered fleet vehicle shall not include motor vehicles
				  exempt under Section
				  241.111 of this
				  Part.
"Curb weight" means the empty weight of the motor vehicle,
				  without load or passengers, as designated by the manufacturer.
"Date of vehicle acquisition" means the date on which legal
				  or equitable title was transferred to the current owner or operator of the
				  motor vehicle.
"Dealer" means any person whose primary business is in the
				  sale or the distribution of motor vehicles to a purchaser or an ultimate
				  purchaser.
"Dealer demonstration vehicle" means any motor vehicle that
				  is operated by a dealer solely for the purpose of promoting motor vehicle
				  sales, either on the sales lot or through other marketing or sales promotions,
				  or for permitting potential purchasers to drive the motor vehicle for
				  pre-purchase or pre-lease evaluation.
"Distributed fleet" means a fleet which is owned by a person
				  or covered fleet owner or operator, but whose motor vehicles are operated in
				  the covered area from different locations. A distributed fleet is considered to
				  be a covered fleet if it consists of ten or more covered fleet vehicles which
				  are located in or primarily operated in the covered area.
"Dual fueled vehicle" means any motor vehicle engineered and
				  designed, or converted in accordance with Sections
				  241.113(e)
				  and
				  241.114 of this Part,
				  such that it may be operated on two different fuels, but not on a mixture of
				  the fuels.
"Emergency vehicle" means any motor vehicle that is legally
				  authorized by a governmental authority to exceed the speed limit to transport
				  people and equipment to and from situations in which speed is required to save
				  lives or property, such as a rescue vehicle, fire truck, or ambulance.
"Fleet" means 10 or more motor vehicles that are under the
				  control of a person.
"Flexible fueled vehicle" means any motor vehicle engineered
				  and designed, or converted in accordance with Sections
				  241.113(e)
				  and
				  241.114 of this Part,
				  such that it may be operated on any mixture of two or more different
				  fuels.
"Gross Vehicle Weight Rating (GVWR)" means the total vehicle
				  weight, including the maximum load, as designated by the original equipment
				  manufacturer.
"Heavy-duty vehicle (HDV)" means a motor vehicle whose GVWR
				  is more than 8,500 lbs but less than or equal to 26,000 lbs. Emission standards
				  and credit values for HDVs are set forth in the tables found in Appendices A
				  and B, respectively, of this Part.
"Inherently Low Emission Vehicle (ILEV)" means any LDV or LDT
				  certified to the applicable ILEV evaporative emission standard found in 40 CFR
				  Part 88, incorporated by reference at Section
				  241.104
				  of this Subpart, or any HDV with an engine certified to the applicable ILEV
				  standard. No dual fueled or flexible fueled vehicle shall be considered an ILEV
				  unless it is certified to the applicable standard(s) (i.e., LEV, ULEV or ZEV)
				  for such weight class on all fuel types for which it is designed to
				  operate.
"Law enforcement vehicle" means any motor vehicle which is
				  primarily operated by a civilian or military police officer or sheriff, or by
				  personnel of the Federal Bureau of Investigation, the Drug Enforcement
				  Administration, or other agencies of the federal government, or by state
				  highway patrols, municipal law enforcement agencies, or other similar law
				  enforcement agencies, and which is used for the purpose of law enforcement
				  activities including, but not limited to, chase, apprehension, surveillance, or
				  patrol of people engaged in or potentially engaged in unlawful
				  activities.
"Light-duty truck (LDT)" means a motor vehicle whose GVWR is
				  no more than 8,500 lbs. Emission standards and credit values for LDTs are set
				  forth in the tables found in Appendices A and B, respectively, of this
				  Part.
"Light-duty vehicle (LDV)" means a motor vehicle whose GVWR
				  is no more than 6,000 lbs. Emission standards and credit values are set forth
				  in the tables found in Appendices A and B, respectively, of this Part.
"Loaded vehicle weight (LVW)" means the curb weight of the
				  vehicle, as specified by the manufacturer, plus 300 lbs.
"Location" means any building, structure, facility, or
				  installation which is owned or operated by a person, or is under the control of
				  a person, or is located on one or more contiguous properties and contains or
				  could contain a fueling pump(s) or system for the use of the vehicles owned or
				  controlled by that person.
"Low Emission Vehicle (LEV)" means any LDV or LDT, or any HDV
				  with an engine certified to the applicable federal low emission vehicle
				  standard, as set forth in Appendix A of this Part and in 40 CFR Part 88,
				  incorporated by reference in Section
				  241.104
				  of this Subpart.
"Manufacturer" means any person engaged in the manufacturing
				  or assembling of new motor vehicles, new motor vehicle engines, new nonroad
				  vehicles or new nonroad engines; or importing such vehicles or engines for
				  resale; or who acts for and is under the control of any such person in
				  connection with the distribution of new motor vehicles, new motor vehicle
				  engines, new nonroad vehicles or new nonroad engines, but shall not include any
				  dealer with respect to new motor vehicles, new motor vehicle engines, new
				  nonroad vehicles, or new nonroad engines received by such dealer in
				  commerce.
"Model year (MY)" means September 1 of any year through
				  August 31 of the following year (e.g., September 1, 1997 through August 31,
				  1998 is MY 1998).
"Motor vehicle" means any self-propelled vehicle designed for
				  transporting persons or property on a street or highway.
"Motor vehicle held for lease or rental to the general
				  public" means a motor vehicle that is owned or controlled primarily for the
				  purpose of short-term rental or extended-term leasing (with or without
				  maintenance), without a driver, pursuant to a contract.
"New covered fleet vehicle" means a motor vehicle that has
				  not been previously controlled by the current owner or operator, regardless of
				  the model year, except as follows: motor vehicles that were manufactured before
				  the start of the fleet program for such motor vehicle's weight class, motor
				  vehicles transferred due to the purchase of a company not previously controlled
				  by the owner or operator or due to a consolidation of business operations,
				  motor vehicles transferred as part of an employee transfer, or motor vehicles
				  transferred for seasonal requirements (i.e., less than 120 days) are not
				  considered new. This definition of new covered fleet vehicle is distinct from
				  the definition of new motor vehicle as it applies to manufacturer
				  certification, including the certification of motor vehicles to the clean fuel
				  standards.
"New motor vehicle" means a motor vehicle the equitable or
				  legal title to which has never been transferred to an ultimate
				  purchaser.
"Owned or operated, leased or otherwise controlled by such
				  person" means either of the following:
Such person holds the beneficial title to such motor vehicle;
				  or
Such person uses the motor vehicle for transportation
				  purposes pursuant to a contract or similar arrangement, and the term of such
				  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 in the covered area" means at least 75
				  percent of the miles driven annually by a nonexempt motor vehicle are in the
				  covered area. To determine whether a motor vehicle is primarily operated in the
				  covered area, the owner or operator of a covered fleet shall, for each motor
				  vehicle that it is claiming is not primarily operated in the covered area,
				  perform the following calculation:
Sum the number of miles the motor vehicle is driven annually
				  in the covered area;
Sum the number of miles the motor vehicle is driven annually
				  outside of the covered area; and
If the annual number of miles driven in the covered area is
				  at least 75% of all miles driven annually by the motor vehicle, then the motor
				  vehicle is considered to be primarily operated in the covered area.
"Ultimate purchaser" means with respect to a new motor
				  vehicle, the first person who in good faith purchases such new motor vehicle or
				  new engine for purposes other than resale.
"Ultra Low Emission Vehicle (ULEV)" means any LDV or LDT, or
				  any HDV with an engine certified to the applicable federal ultra low emission
				  vehicle standard, as set forth in Appendix A of this Part and in 40 CFR Part
				  88, Subpart A, incorporated by reference in Section
				  241.104
				  of this Subpart.
"Under normal conditions garaged at a personal residence"
				  means a motor vehicle that, when it is not in use, is normally parked at the
				  personal residence of the individual who usually operates it, rather than at a
				  central refueling, maintenance, and/or business location.
"Vehicle used for motor vehicle manufacturer product
				  evaluations and tests" means a motor vehicle that is owned and operated by a
				  motor vehicle manufacturer or motor vehicle component manufacturer, or owned or
				  held by a university research department, independent testing laboratory, or
				  other such evaluation facility, solely for the purpose of evaluating the
				  performance of such motor vehicle for engineering, research and development, or
				  quality control reasons.
"Zero Emission Vehicle (ZEV)" means any LDV or LDT, or any
				  HDV certified to the applicable federal zero emission vehicle standard, as set
				  forth in Appendix A of this Part and in 40 CFR Part 88, Subpart A, incorporated
				  by reference in Section
				  241.104
				  of this Subpart.