1/22/93 Clean Fuel Fleet Credit Programs, Transportation Control Measure Exemptions, and Related Provisions Final Rule EPA CONTACT: Mr. James G. Bryson Telephone: (313) 741-7828 U.S. EPA Regulation Development and Support Division 2565 Plymouth Rd. Ann Arbor, MI 48105-2425 The ZIP'd file CFF.ZIP contains the document CFF.W51, which is the full final rule, in Word Perfect 5.1 format. SUMMARY: Provisions of the Clean Air Act Amendments enacted in 1990 require the establishment of a Clean Fuel Fleet Program to reduce emissions of ozone precursors, especially non-methane organic gases and oxides of nitrogen, through the introduction of lower-polluting vehicles in specified areas. Under this program, some of the new vehicles purchased by certain fleet owners located in covered areas (certain ozone and carbon monoxide nonattainment areas) will be required to meet clean-fuel fleet vehicle (CFFV) exhaust emission standards. As a part of this program, the Clean Air Act (CAA) requires EPA to promulgate provisions governing state implementation plans (SIPs) that implement a program to grant fleet owners credits for exceeding purchase requirements and to exempt clean-fuel fleet vehicles from certain transportation control measures (TCMs). Proposed regulations governing the states' implementation of the credit program and TCM exemptions were published on October 3, 1991 (56 FR 50196) and are finalized by today's action. The credit program, which is based on additional emission reductions, allows fleet owners to earn purchase credits from early or extra purchases of CFFVs or by acquiring vehicles which are certified to stricter emission standards than required. A fleet owner may bank credits earned to demonstrate compliance with the purchase requirement at a later date, or may trade them to another fleet. This program will assist the fleet industry in meeting the air quality improvement goals of the fleet program in the most cost-effective manner possible. Today's action also requires that states provide exemptions from temporally-based TCMs, established wholly or partially for air quality reasons, to all clean-fuel fleet vehicles. The TCM exemptions granted to CFFVs are intended to serve as an incentive to fleets participating in the program to exceed their purchases beyond the requirements. In addition, this rule establishes provisions for a new subgroup of CFFVs, known as inherently low-emission vehicles (ILEVs). This federal program, which is voluntary for both the vehicle manufacturers and the fleet industry, will grant expanded TCM exemptions to vehicles in this group in recognition of their superior emission characteristics. Initially, ILEVs will receive exemptions from high-occupancy vehicle (HOV) lane restrictions; EPA will propose additional exemptions/incentives later on this year. These exemptions are intended to provide further incentives to fleet owners to purchase cleaner vehicles than otherwise required by the statute. EPA had also proposed provisions implementing the federal facility provisions of section 246(g) of the Act. EPA has decided to finalize this action by guidance instead of regulation.