## • 

# APPENDIX A

Wisconsin Statutes and Administrative Code Revisions

1. 

## Chapter 110 Wis. Stats.- Motor Vehicles

2. Revisions to Section 110.20, Wis. Stats.

3. Chapter 285 Wis. Stats.

- Air Pollution

4. Revisions to Section 285.30, Wis. Stats.

5. Chapter NR 485, Wis. Adm. Code -Control ofEmissions from Motor Vehicles.

6. Revisions to NR 485, Wis. Adm. Code

7. ChapterTrans 131, Wis. Adm. Code- Motor Vehicle liM Program (MVIP)

8. Revisions to Trans 131, Wis. Adm. CodeElectronic reproduction of2009-IO Wis. Stats. database. current through 2011 Wis. Act 39 and July 25. 2011.
Updated 09-10Wis. Stats. Database 

### MOTOR VEHICLES 110.063



## CHAPTER 110 MOTOR VEHICLES

110.001 Definitions. 110.01 Definitions. 110.015 • Facsimile signature. , lI0.05 Inspection ofhuman service vehicles. 110.06 Rules; school bus prei>llle inspection; penalties. II0.06J Inspection ofmotor buses. 110.064 Motor buses used for pupil transportation. 110.065 Trallic academy. II0.07 Tratfic officers; powers and duties.

110.001 Definitions. In this chapter:

(1) "Department" means department oftransportation. (1m) "Law enforcement officer" has the meaning given ins. 967.02 (5). (2) "Secretary" means secretary oftransportation. History: 1977 c. 29: 1993 a. 25_ 110.01 Definitions. Words and phrases detined in cbs. 340 to 349 have the same meaning in this chapter unless a different meaning is expressly provided or the context clearly indicates a different meaning.

History: 1975 c. 120. 110.015 Facsimile signature. The secretary and division administrators ofthe department of**transJX~rtation.** through their authorized employees, may execute or affix their signature. by facsimile signature with a stamp, reproduction print orother similar process to all licenses, notices, orders, administrdtive letters, contracts, permits, offers to purchase, appraisals, certifications of records, service oflegal papers orprocess on the administrators. and other legal instruments under the statutes which the secretary and division administrators are authorized orrequired to administer.**110.0~** Inspection of holman service vehicles. (1) The department shall adopt and enforce such rules as the department deems necessary in the interests ofthe safety ofpersons being transported to coverthe design, construction, equipment. inspection and operation ofhuman service vehicles. (2) The owner ofthe human service vehicle shall have the vehicle inspected at least annually by the department or a certified law enforcement officer for compliance with the requirements of
s. II0.075, ch. 347 and any rules promulgated underthis section. (3) Vehicles required to be inspected under sub. (2) which were in service prior to March 28, 1984, need only be in compliance with the requirements ofch. 347. 1981 stats. (4) Any person violating this section, or rules promulgated pursuant thereto, may be required to forfeit not less than $50 nor more than $200.

History: l9K3 a. 175 SS, 2, 25 Cross-rdereuce: See also ch. Trans 301, Wis. adm. code_ 110.06 Rules; school bus presale inspection; penalties. (2) The secretary shall adopt and enforce such rules as he or she deems necessary in the interests of safety to cover the design, construction, inspection and operation ofschool buses. Such rules may. butneed not, be unifonn for each type ofbus designated ins. 340.oJ (56) (a) and (am). (3) (a) Any person intending to purchase a motor vehicle to be used as aschool bus shall priorto purchase give the sellernotice in writing ofthe intended use. (b) Priorto the use ofamotor vehicle as a school bus. the seller shall obtain a presale inspection ofthe vehicle by the department verifying compliance with the mles relating to design and constructiQil prescribedbythe dJ!partment under sub. (2). Acopy of 110.o75 110.08 110.09 110.10 110.20 110.21 110.215 110.2:! Motor vehicle inspection. State opemtor's license examiner system. Background investigations ofcertain persons. Ignition interlock device program. Motor \'chicle emission inspection and maintenance program. Education and troining related to motor vehicle emissions. Motorvehicle emission control equipment grant pmgram. Rt:paired**~alvage** vehicle inspector tmining.

the presale inspection report shall be provided to the purchaser at the time ofdelivery.

(c) The seller ofany such vehicle who fails to obtain a presale inspection priorto delivery shall be liable to the purchaser for all repairs and improvements requiredby the department to bring the vehicle into compliance with the rules relating to design and construction prescribedby the department under sub. (2) for a period ofone year after the delivery. (d) Notwithstandingpar. (b), the purchasermay agree to obtain the presale inspection provided that notice ofthe agreement is included inthe otterto purchase and is agreedto by the seller. The seller is liable for any repairs and improvements necessary to comply with the rules relating to design and construction prescribed by the department under sub. (2). (e) Any person violating par. (b) shall fortCit $100 for the first offense and $200 for the 2nd and each subsequent offense. (4) Violations ofthose orders, determinations and rules pertaining to chs. 115 to 118, 120. 121 and 341 to 349 shall be punished as providedby s. 341.04 (3) and those pertaining to ch. 194 as provided by s. 194.17. (5) The orders, detenninations and rules made by the secretary are subject to review in the manner provided inch. 227.

History: \975c.429: !977c.29ss.l047, 1654(7)(a).(c); 1977c_325; 1979c. 154; !983 a. 175, 538; 1985 a. 287.

Cross-reference: See also cbs. Tmns 131 and 300, Wis. adm. code. 110.063 Inspection of motor buses. (1) The department shall promulgate and enforce such rules as the department deems necessary in the interests ofthe safety ofpersons being transported to cover the design, construction, equipment. inspection and operation ofmotor buses. (2) (a) Except as provided in par. (c). the owner ofthe motor bus shall have 

### it inspected annually by the department for compliance with the requirements ofs. 110.075 and ch. 347 and rules promulgated thereunder and any rules promulgated under this section.

(b) The departmentshall specifyby rule a fee for the inspection required under this subsection equal to the cost ofthe inspection. (c) Paragraph (a) does not apply to a motorbus which is operated by an urban mass transit system. as defined ins. 85.20 (l) (L). ifall ofthe following conditions are satisfied: l. The urban mass transit system regularly inspects the motor bus at least annually. 2. The urban mass transit system submits the record ofinspection ofthe motorbus to the departmentannually for examination. 3. Review ofthe record ofinspection ofthe motorbus by the department indicates that the motorbus is in compliance with the requirements ofs. 110.075 and ch. 3.47 and rules promulgated thereunder and any rules promulgated under this section. (3) Any person who violates this section orrules promulgated under this section may be requiredto forfeit not less than $50 nor more than $200.

History: \987 a. 235. Cross-reference: See also chs. Trans 300 and 330, Wis. adm. code. 2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutotychanges effective on orpriorto 9-1-11 areprintedas Ifcurrentlyin effect. Statutorychanges effective after9-1-11 are designatedby NOTES. See Are The Statutes on this Website Official?

### Electronic reproduction of2009-IO Wis. Stats. database, currentthrough 2011 Wis. Act 39 and July 25, 2011.



### 110.064 

### MOTOR VEHICLES

110.064 Motor buses used for pupil transportation. (1) (a) Notwithstandings. 340.01 (56)(b)4.• no motor

### bus operatedunder contract asprovidedins. 121.55 (l)(a) or (d)maybe 

### used for the pwpose oftransporting pupils to orfrom apublic or private school 

### as provided

### ins. 340.oi (56)(a) 

### I. andnomotorbus 

### otherwise operated on a special route forthe purpose oftransporting pupils to or from a public orprivate school as provided in s. 340.01 (56) (a) l.may 

### be used for that purpose unless the motor bus satisfies safety and operation standards specified by the department under par. (b). 

### (b) The department shall promulgate and enforce arule requiring that a motorbus under par. (a) satisfy safety standards providing an equivalent level ofsafety as the 

### satety standards specified 

### by the department for a school bus having the same gross vehicle weight rating and operation standards specifying that the reardoor ofamotorbus under par. (a) may not be used forthe entry or exit ofpupils, exceptin an emergency. exceptthatthe department may not promulgate arule which is in contlict with tOOerallaw. which requires the motorbus to be painted in accordance with s. 347.44 (I) or which requires the motorbus to

### be equipped with flashing red warning lights as specified ins. 347.25 (2). 

### (2) Any person who violatesthis section orrules promulgated underthis section may be required to forfeit not less than $50 nor more than $200.

History: !9X7 a. 235. Cross-reference: See also chs. Trans 300 and 330. Wis. adm. code. 

### 110.065 Traffic academy. The secretary may establish and operate an academy for the training ofstate, county and local traftic patrol officers and otherrelatedpersonnel and make rules and regulations for the conductthereof. The secretary shall establish and periodically revise a reasonable scale ofruition charges. The tuition for personnel otherthan employees ofthe department shall be paid by their respective departments or governing bodies and shall be deposited in the appropriation accountunders. 20.395 (5) (dh). The secretary shall consult appropriate state, county and local authorities concerning the establishment and operation of the academy and the determination oftuition charges. State agencies shall cooperate with the secretary in providing infonnation and instructional services for the academy.

History: !977 c. 29 s. 1654 0),(7)(a), (c); 1997 a. 27. 

### 110.07 Traffic officers; powers and duties. (1) (a) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists ofthetraffic officers, the person designated to headthem whose position shall be in the classified service and, ifcertifiedunder s. 165.85 (4) (b) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members ofthe state traffic patrol shall: I. Enforce and assist in the administration ofthis chapter and chs. 194.218.341 to 349 and 351. and ss. 23.33. 125.o7 (4) (b). 125.085 (3) (b). 167.31 (2) (b) to (d) and 287.81 andch. 350 where 

### applicable to highways, ororders orrules issued pursuantthereto. 2. Have the powers ofsheriffin enforcing the laws specified in subd. 1. and orders or rules issued pursuant thereto. 3. Have authority to enter any place where vehicles subject to this chapter. ss. 167.31 (2)(b) to (d) and 287.81 and chs. 194. 

### 218 and 341 to 350 are stored or parked at any time to 

### examine such vehicles, orto stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof. (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2)(b)to(d)and287.81 andchs.l94.218and341 to351, 

### and orders orrules issued pursuantthereto and shall report tothe department the disposition ofevery uniform traffic citation issued for cases involving those chapters. Updated 09-10Wis. Slats. Database 2 

### (2) The traffic officers employed pursuantto this section shall constitute a state traffic patrol to assist local enforcement officers whereverpossible in the regulation oftraffic and the prevention ofaccidents upon the public highways. (2m) In addition to the primary·powers granted by swbs. {I) 

### and (2), any officerofthe state traffic patrol shall have the powers ofapeace officerunder s. 59.28, exceptthat the officer shall have the arrest powers ofa law enforcement officer under s. 968.07, regardless ofwhetherthe violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as awitness for the state but may not conductinvestigations for crimes under cbs. 939 to 948 otherthan crimes relatingto 

### the use or operation ofvehicles. The primary duty ofa state traffic officer shall be 

### the enforcement ofcbs. 340to 351 or ofany other law relating to the use or operation ofvehicles upon the highway. No state traffic officer shall be 

### used in ortake part in any dispute or controversy between employeroremployee concerning wages, hours, labor orworking conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers orotherpersons. (3) The secretary may employ inspectors who may not wear the uniform ofthe state patrol, whose duties shall be to entOrce and assist in administering s. 346.63, this chapter and cbs. 194, 218, 340 to 

### 345 and 347 to 351, s. 23.33, the inspection requirements ofs. 121.555 (2) (b) and the requirements unders. 346.45 (4) for 

### vehicles being used to transport hazardous materials. Such Inspectors, in theperfonnance ofthese duties, shall have the powers andauthority ofstate traffic officers. Forthe purpose ofdeath, disability and retirement coverage, such inspectors shall be subjectto ch. 40 as is the state traffic patrol. Subject to sub. (5), the secretary mayclothe and equip inspectors as the interest ofpublic safety and their duties require. (4) In addition to the primarypowers granted by sub. (3), any 

### inspC<.."'tor shall have the powers ofapeace officerunder s. 59.28, except that the inspector shall have the arrest powers of

### a law enforcement officer under s. 968.07, regardless ofwhether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as awitness for the state but may not conduct investigations for crimes under chs. 939 to 948 otherthan crimes relating to the use oroperation ofvehicles. The primary duty ofan inspector shall be the enforcement ofthe provisions specified in sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employee concerningwages, hours, labororworking conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons. (5) (a) In this subsection, "bulletproofgarrnenf' means avest or other garment designed, redesigned, or adapted to preventbullets from penetrating through the garment.

(b) 

### Upon request ofan officer ofthe state tratlic patrol under sub. (I) or inspector under sub. (3), the department shall make available to the traffic officer or inspector abulletproofgarment that maybe used in the performance ofhis orher duties underthis section. The department shall equip atraffic officer or inspector with abulletproofgarment as soon as practicable afterreceipt of the request from the tmffic officer or inspector under this paragraph. 

### (6) The division administrator who is countedunders. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shallbe designated superintendent ofthe state traffic patrol, ifhe orshe is certified under s. 165.85 (4) {b) 

### l. as qualified to be alaw enforcement officer.

History: 1971 c. 40, !25; 1973c. 90, 146; 1975 c. 297; 1977 c. 29 ss. 1048, 1654 (7)(a),(c). 1656(43); 1977c.305s.64; 1977'c.418; 1979c.22l;**\979~333s.5;** 1979c.361 s.113; 1981 c.%s.67; !98! c.390; !983a.27; 1983a.l75s.33; 1983 a. 191 s. 6; !985 a. 29, 36, 63, 332; 1987 a. 332 s. 64; !9R9 a. 31, 167, 170,240, 335. 359; 1993 a. 25; 1995 a. 201,227, 341; !999 a. 9, 85; 2001 a. 68. 109: 2009a. 42.

Cross-reference: See aboTmns 327, Wis. adm. oode. While it is clearthat ss. t 10.07 and 110.075 authorize the traffic officers ofthe state patrol and OOT to make stops and inspections and perhaps arrests tOr equipment 2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39andJuly25, 2011. Statutorychanges effective on orpriorto 9-1-11 areprintedas ffcurrentlyin effect Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?Electronic reproduction of2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

3 Updated 09-10Wis. Stats. Database

violations, nothing in these starutes limits local law enforcements officers· powers to do so. A city police officer is a traffic ofi1cer under a. 340.0I (70), and because s. 110.075 provides that any traffic officercan stop and inspect vehicles for violations ofch. I10 or rules issued pursuant to ch. 110, and because s. 349.02 (2)**pennil~** a police officertoentOrce a city ordinam:e violation upon a reasonable basis !o believe a violation has occurred, a city ofticer had authority to make a stop for violation of
an ordinance adopting a safety rule. State v. Bailey. 2009 \Vl App 140,321 Wis. 2d 350, 773 N.W.2d 488,**08~3153.** 110.075 Motor vehicle inspection. (1) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination ofvehicles which is not in conformity with the requirements ofthis section. (2) When directed by any traffic officer or motor vehicle inspector, the operator ofany motorvehicle shall stop and submit such motorvehicle to an inspection and such tests as are necessruy to determine whether it meets the requirements ofthis section, or that its equipment is not in proper adjustment orrepair, orin violation ofthe equipment provisions ofss. ll0.05, 110.06, 110.063 and 110.064, ch. 347, or mles issued pursuant thereto. Such inspection shall be made with respect to the brakes, lights, tum signals, steering, horns and warning devices, glass, mirrors, exhaust system, windshield wipers, tires, and other items of equipment designated bythe secretary. (3) Upon detennining that a motor vehicle is in conformity with sub. (2), traffic officers or motor vehicle inspectors shall issue to the operator an official inspection stickerwhich shall be in suchfonn as the secreta.rY prescribes. The official inspection sticker issued following an inspection shall exemptthe inspected vehicle from vehicle inspection for a period ofone year. (4) When any motor vehicle is found tobe unsafe for operation, traffic officers or motor vehicle inspectors may order it removed from the highway and not operated, except for purposes of removal and repair, until it has been repaired pursuant to a repair order asprovided in sub. (5). (5) When any motorvehicle is not in compliance Vlith sub. (2)
a repair order may be issued, in such fonn and containing such information as the secretaryprescribes, to the owner ordriver of the motor vehicle. The owner or driver shall thereupon obtain such repairs as are required. (6) The secretary shall set standards and adopt mles to establish a plan ofinspection toimplementthe inspection

### program provided by this section. Nothing in this section shall permit the department to promulgate any rule underwhich the provisions of 49 CFR 393 and 396 are applicable to, orenforceable with respect to. any farm truck ordual purpose farm truck combinedwith any semitrailer or farm trailer, orany vehicle combined with a horse trailer, ifthe vehicle combination's gross combination weight rating, registered weight, and actual gross weight do not exceed 26,000 pounds, the vehicle combination does not include a commercial motorvehicle described in s. 340.0I (8) (c) or (d), andthe vehicle combination is operated solely in intrastate commerce. (7) Anypersonproducing, manufacturing orusing an inspection stickeror causing the same to be done to subvert the provisions ofthis section shall forfeit not less than $100 nor more than $500. Anypersons otherwise violatingthis section, s. 110.06, ch. 347 orrules issuedpursuant thereto, unless otherwise providedby**statute~**shall forfeit not less than $10 nor more than $200.

History: 1973 c.**90~** 1977 c. 29ss. 1049, 1654{7) (c); 1977 c. 273, 325; 1979c. 154; 1983 a. 175; 1987 a. 235; 2005 a. 65.

Cross-reference: See also Tmns 327,Wis. adm. code. A t.:orpornte employermay be liable for violation ofthis section. Town ofI:.astTroy
v. A·l ServiceC'o

.. lnc. 196 Wis. 2d 120.537 N.W.2d 126(Ct.App. 1995),94·-%10.

While it is clearthat ss. II 0.07 and II 0.075 authorize thetraffic officersofthe state patml_ and OOT to make stops and inspections and perhaps**arrest~** for equipment violatiOns, nothing in these statutes**limit~** local law enfurccmcntli officer-;" powers to do so. A city police ofticer is a traffic officer under a. 340.oJ (70), and because s. 110.075 provides thatany rrnffic officercan stopand inspe.;t vehicles for violations ofch. 110 or rules issued pursuant to ch. I10, and because s. 349.02 (2) pennits a police officer toenforcea city ordinan("e violation upon a rca50rtablebasis to believe
a violation has occurred, a city ofticerhad authority to make a stop for violation of an ordinance adopting a safety rule. State v. Bailey, 2009 WI App 140, Jil Wis. 2d 350. 773 N.W.2d 488, 08··3153. 110.08 State operator's license examiner system. (1) The department shall employ asufficient number ofopera· 

### MOTOR VEHICLES 110.09

tor's license examiners. The department may contract for**special~** ists in driver's license examining to augment the department's training program for examiners. (1m) Each operator's license examiner shall receive informational training on the powers and duties ofthe department relating to organ donor information under s. 343.175 once every 2 years and, for operator'slicense examiners hired after January l. 1997, prior to initial assignment to operator's license examining activities. The infonnational training under this subsection shall be developed by all organ procurement organi7..ations, as defined in
s. 340.01 (41k). in cooperation with the department. (2) Except as provided undersub. (5) (b) and s. 343.16 (I)(b) to (c), all examinations for operator's licenses and permits shall be given by state examiners. (3) The department shall employ state examiners, driver improvement personnel and clerical personnel atlocal examining centers, under the classified service. (4) The department shall employ, train and assign sufficient driver improvement personnel to carry out an intensive driver improvementprogram including the reexamination and personal interview ofproblem drivers. (5) (a) The department shall provide in eachcounty, directly
orby contract as described in par. (b), at least 20hours perweek ofseiVices relatingto operator's licenses and identification cards. (b) Thedepartment shall provide the services required under par. (a) by the most cost-effective means possible, which may include contracting with counties or other local governments to provide these services. Notwithstanding any provision of ss. 343.14 and 343.16, a contract between the department and a county or otherlocal governmentunderthis paragraph may authoril..e an employee ofthe county orlocal government to conduct any examination for an operator's license except a driving skills test. The department may require any employee ofa county or local government who provides services under a contract entered into under this paragraph to satisfy any requirement under s. 110.09 that would be required ofan employee ofthe department.

History: 1971 c. 164: 1977 c. 29 ss_ 1050, \654 (7) la); I989 a. 31; 199I a. 32; 1995 a. 113, 4%; 2007 a. 20; 2009 a. 2X; 2011 a. 32. 110.09 Background investigations ofcertain persons. (1) (a) Notwithstanding ss. 111.321, lll.322. and 111.335. the department oftransportation, with the assistance ofthe department of justice, shall conduct a background investigation ofany person whohas been selectedto fill aposition within the division ofthe department oftransportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set oftheperson's fingerprints, orby other technologies approved by law enfOrcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau ofinvestigation for the purposes ofverifying the identity ofthe person fingerprinted and obtaining records ofhis orher criminal arrests and convictions. (b) Notwithstanding ss. 111.321. lll.322. and lll.335. at any interval determined appropriate by the department, the department may conduct. in the manner specified in par. (a), additional background investigations ofany person for whom an initial background investigation has been conducted under par. (a) and background investigations ofother persons employed by the department within the division ofthe department responsible for issuing operator's licenses and identification cards. (c) The department shall promulgate rules governing confidentiality ofinformation obtained under this subsection. (2) Notwithstanding ss. 111.321. 111.322, and lll.335, the department shall require, as a precondition to allowing access to any information system in which is stored infonnation maintained by the division ofthe department responsible for issuing operator's licenses and identification cards, that any person to whom
access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321. 111.322,
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effectiveon orpriorto 9-1-11 areprintedas Ifcurrently In 

### effect Statutotychanges effective after9-1-11 are designatedbyNOTES. 

### See Are The Statutes on this Website Official?

# j Electronic reproduction of2009-l0Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

110.09 

### MOTOR VEHICLES

and 111.335. the department shall require the employer. including 

### any state agency, ofany person to whom the information will be made available to 

### conductthebackground investigation in 

### amanner prescribed 

### by the department. The department may require. as part ofthis background investigation, thatthe person be fingerprinted in the manner described in sub. (I) (a) and that these fingerprints be provided to 

### the department of justice for submission 

### to the federal bureau ofinvestigation for the purposes ofverifYing the identity ofthe person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321. 111.322. and 111.335. the department shall require that the employer certify the results ofthe background investigation and, based upon these results, may deny orrestrict access to any information requested. 

### In addition to the initial background investigation required underthis subsection, the department may require on aperiodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Anycostassociated 

### with the requirements underthis subsection is the responsibility ofthe employer. Forpurposes of this subsection, "employer" includes 

### a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality ofinformation obtained, under this subsection.

History: 2007 a. 20.
110.10 Ignition Interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available topersons throughout this state. The rules shall include provisions regarding all ofthe following: (1) The selection ofpersons to install, service and remove ignition interlock devices from motor vehicles. (2) The periodic review ofthe fees chargedto the owner ofa vehicle for the -installation, service and removal of an ignition interlock device. (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntaryuse ofignition interlock devices. (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated bythe departmentwithinstallation, service, tampering and failure reports in atimely manner. (4m) Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount ordered by the court under s. 343.301 (3) (b), ifapplicab1e. (5) Requiring ignition interlock device providers to notifY the department ofany ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator's driver safety plan.

History: 1999a. 109, 186;2009a.IOO. Cross-reference: See also ch. Trans 313, Wis. adm. code. 110.20 Motorvehicle emission inspection and maintenance program. (1) DEFINITIONS. In this section, unless the context requires otherwise: (ac) "Airpollution control equipment"has the meaning given ins. 285.30 (6) (a) 

### I. (am) "FederaJ act" means the federal clean air act, 42 USC 7401 et seq., and regulations issued by the federal environmental protection agency under that act. (b) "Nonexemptvehicle" means any motor vehicle as defined under s. 340.01 (35) which is ownedby the United States orwhich is required to be registered in this state and to which one ormore emission limitations adopted under s. 285.30 (2) applies. 

### Updated 09-10Wis. Slats. Database 4 (c) "Nontransient emissions inspection" means an emissions inspection conducted on a vehicle without the use ofa chassis dynamometer to vary vehicle engine loads. (2) PROGRAM ESTABLISHED. The department shall establish an inspection and maintenance program as provided in this section. (3) PuRPOSE. (a) The inspection and maintenance program shall 

### be designedto detennine compliance with the emission limitations promulgated under s. 285.30 (2) andcompliance with s. 285.30 (6).

(c) The inspection andmaintenance program may be designed to provide infonnation on the fuel efficiency of nonexempt vehicles.

(d) The inspection and maintenance program shall be designed and operated to comply with the requirements ofthe federal act.

(4) DEPARTMENTAL COOPERATION. The department shall consult and cooperate with the department ofnatural resources in order toefficiently and fairly establish and administer the 

### program established under this section. (5) CoUN"IlES. The department shall operate the inspection and maintenance program in each ofthe following counties:

(a) Any county identified in a certification under s. 285.30 (3). The department shall terminate the program in the county when the county is withdrawn under s. 285.30 (4). Ifthe program is being operated under contract, termination shall occur at the end ofthe contractual period in effect.

(b) Any countywhose board ofsupervisors has adoptedaresolution requesting the department to establish an inspection and maintenance program in the county for the purpose ofimproving ambient air quality beyond the standards mandated by section 7409 ofthe federal act. The department shall tenninate the program in the county when the county board adopts a resolution requesting termination ofthe program, Ifthe program is being operated under contract, termination shall occur at the end ofthe contractual period in effect (6) MANDATORY INSPECTION. (a) The program shall require an emissions inspection under sub. (11) ofany nonexempt vehicle customarily kept in 

### acounty identified in sub. (5) as follows: 

### 1. For a nonexempt vehicle required to be registered on an annual 

### or other periodic basis in this state, within the period of time specitied by the department under sub. (9) (d) prior to renewal of registration in the 4th year after the nonexempt vehicle's model year and every 2years thereafter, except as provided in sub. (9) 

### UJ. 2. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within the period of time specifiedby the department under sub. (9) (d) ofregj.stration other thanrenewal ifthe yearofregistration is at least 6years after the nonexempt vehicle's model year. 3. For a nonexempt vehicle that is registered under s. 341.26 (2m), ownedby the United States or subjectto one-time registration, at any time during the 4th year following the nonexempt vehicle's model year and every 2 years thereafter. 4. For a nonexempt vehicle, whenever the owner of the vehicle is notified under sub. (9) (g) that an emissions inspection must be performed.

(b) The program shall require an air pollution control equipment inspection to determine compliance with s. 285.30 (6) ofany nonexempt vehicle customarily kept in a county identified in sub. (5) whenevera nontransient emissions inspection is perfonned or at the time ofapplication for a waiver under sub. (13).

(6m) PROHIBITED INSPECTIONS. The department may not require an emissions inspection ofany vehicle priorto the inspection ofthe vehicle scheduled under sub. (6) (a) 1. or (9) (d) or

## UJ ifan interest in the vehicle is transferred to a surviving spouse under s. 342.17 (4). (7) VOLUNTARY INSPECTIONS. The inspection and maintenance program shall require inspection ofany nonexempt vehicle which aperson presents for inspection at an inspection station or 2009-10 Wis. Stats. database updatedandcurrentthrough 201.1 Wis. Act39andJuly25, 2011. Statutorychanges effective

### on orpriorto 9-1-11areprinted

### as IfcurrentlyIn 

### effect Statutorychan{/flS effective after9-1-11 are designatedbyNOTES. 

### See Are The Statutes 

### on this Website Official?Electronic reproduction of2009-10 Wis. Stats. database, currentthrough 2011 Wis. Act 39 and July 25, 2011.

5 Updated 09-10Wis. Stats. Database



# . '
at any otherlocation where, as establishedunder sub. (8) (bm), the vehicle maybe inspected. (8) CONTRACTORS AND OTHER INSPECTION METHODS. (am) 

### 1. The emissions test and equipment inspection of nonexempt vehicles may 

### be performed by persons under contract with the department. Each such contract shall require the contractor to operate inspection stations, which may be permanent or mobile, for a minimum of 3 years and shall provide for equitable compensation to the contractor ifthe operation ofan inspection and maintenance program within any county is terminated within 3 years afterthe inspection and maintenance program in the county is begun. No officer, director oremployee ofthe contractor may be an employee ofthedepartment. The department may contract with anyperson, including any person engaged inthebusiness of selling, maintaining, or repairing motor vehicles or of selling motorvehicle replacement or repair parts. The department shall require the contractor to operate a sufficient numberofinspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5). 1m. Each contractunder subd 1. may authorize orrequire the contractor to install and operate self-service inspection stations andmay allow the use ofdifferent methods for emissions testing and equipment inspection, consistent with methods established underpar. (bm), than those used at inspection stations that are not self-service. 2. The department may require the contractortotest the fuel efficiency ofnonexempt vehicles during emission inspections. 3. The department may delegate to the contractor specified registration functions of th9 department under ch. 341. The department may direct the contractorto perform specified registmtion functions under ch. 341. 4. The department may delegate to the contractor functions associated with the issuance of a temporary operating permit under sub. (1 0) (b) orthewaiverofcompliance under sub. (13) (a)
orboth. 5. No inspection station may be established within 0.5 mile ofan air monitoring stationwhich reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient airquality standard asdefinedbythe department ofnatural resources. 6. The contractor shall collect, maintain and report 

### data as the department requires. The department shall reserve the right to enter and inspecttest station premises, equipment andrecords at all reasonable times in the discharge ofits administrative duties. 7. Each contract under subd. I. may authorize the contractor to enter into subcontracts for the performance ofany ofthe contractor's functions orduties under the contract. In perfonning any such function or duty, a subcontractor shall comply with all requirements applicableto the contractor. With the department's approval, the contractor may subcontract with any person engaged in the business ofselling, maintaining, orrepairingmotor vehicles or ofselling motorvehicle replacement or repair parts. 8. Each contractunder subd. I. shall require that, ifan emissions inspection is performed by a contractor or subcontractor engaged in thebusiness ofselling, maintaining, orrepairing motor vehicles or ofselling motor vehicle replacement or repair parts and the inspection shows that the vehicle does not comply with applicable emission limitations, the contractor or subcontractor shall aCI:vise the vehicle owneras specified in sub. (12). (bm) The emissions test andequipment inspection ofnonexempt vehicles may 

### be performedby the department orbypersons who are notundercontract with the department butwho are otherwise authorized by the department to perform such testing and inspection. Thedepartment may establish methods for emissions testing and equipment inspection by the department or other authorized persons ofnonexempt vehicles, in addition to testing and inspection by contractors. These methods may include the installation and operation by the department or other authorized persons ofself-service inspection stations and the utilization of 

### MOTOR VEHICLES 

### 110.20

any technology related to emissions or data transmission with which motor vehicles may 

### be equipped, including reading and reporting diagnostic codes stored in any on-boarddiagnostic system capable ofmonitoring all emission-relatedengine systems or components. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equallyto self-serviceinspection stations operatedby contractors underpar. (am) lm. and self-service inspection stations operated under this paragraph. (c) l. Notwithstanding subs. (5), (6). and (9) (d). the department oftransportation may, with concurrence ofthe department ofnatural resources, grant a temporary exemption tOrnonexempt vehicles during any periodinwhich the department oftransportation is unable to operate an inspection and maintenanceprogram. An exemption grantedunderthis subdivision is validuntil the next required inspection ofthe vehicle required under sub. (6), oruntil the time given by the department oftransportation to complete inspection ofthe vehicle, whichever occurs first. Notwithstanding subs. (7) and (1Om), the department of transportation may deny requests for inspection during any period in which exemptions are grantedunder this subdivision. 2. Forpurposes ofss. 341.04 (I), 341.09 (2m)(a) l.b. and 2. and (9), and 341.65 (2) (e) 2m., an inspection underthis section is not requiredduring anyperiod in which a temporary exemption is granted under subd. 1. Forpurposes ofss. 341.09 (5), 341.10 (10) (intro.), 341.26 (2m) (am), and 341.63 (l)(e), a vehicle does not require inspection under sub. (6) during any period in which
a temporary exemption is granted under subd. I. (9) RuLES. Thedepartment shalt promulgate rules which: (a) Specifyprocedures for the inspection ofvehicles, including the method ofmeasuring emissions, thetypes ofequipmentwhich may be used in performingthe measurements andthe calibration requirements for the equipment. The procedures and methods shall be capable ofbeing correlated with the federal test procedures establishedunder section 7525 ofthe federal act. (b) Prescribe a procedure for detcnniningwhetherthe cost of necessary repairs and adjustments exceeds the limit under sub. (13). (c) SpecifY procedures underwhich a vehicle may be refused inspection for safetyreasons orfor defects which wouldresult in inaccurate measurement ofemissions.

(d) SpecifY a period oftime duringwhich anemissions inspection mustbeperformed for a nonexemptvehicle subjectto sub. (6) (a) I. or2.

(e) Prescribe a procedure for conducting all tederallyrequired performance audits of inspection and maintenance program operations andpersonnel and all enforcement against contractors, and otherpersons authorized by the department toperformtesting and inspection, required by40 CFR 51.364. (f) Establish a performance monitoring system to inform the public regarding repair efficacy. (g) Prescribe a procedure for remote sensing ofnot less than 0.5% ofnonexempt vehicles and. for such vehicles that grossly exceed applicable emission limitations, as determined by the department, notifying vehicle owners by mail that an emissions inspection must be performed under sub. (6) (a) 4. (h) Provide procedures for identifYingany nonexempt vehicle subjectto a recall bythe manufacturerofthe vehicle that is related to emissions and ensuring motorist compliance with the recall. (i) Provide a procedure for detectingandpreventingthe fraudulent classification ofany nonexempt vehicle as a vehicle that is not a nonexempt vehicle. (j) Prescribe an annual frequency for inspection for any model year subset ofnonexempt vehicles ifthe department determines annual inspection to

### be appropriate after additional programeval- ,' uation.**~** (k) Prescribe a procedure for any method tOr emissions testing and equipment inspection established under sub. (8) (bm).
2009-10 Wis. Stats. database updatedandcunentthrough 2011 Wis. Act39andJuly25, 2011. Statutotychanges effective on 

### orpriorto 9-1-11 areprintedas ifcurrentlyIn effect. Statutorychanges effective after9-1-11

### are designatedbyNOTES. 

### See Are The Statutes on this Website Official? IElectronic reproduction**of2009~**10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

110.20 

### MOTOR VEHICLES



### (L) Prescribe procedures for authorizing persons other than contractors, subcontractors ofcontractors, or the department to perform emission testing and equipment inspection as provided under sub. (8) (bm). 

### (m) Require each person engaged in the business ofselling, maintaining, or repairing motor vehicles or of selling motor vehicle replacement orrepairparts, ln a county identified in sub. (5), that performs emissions inspections to collect and periodically report to the department information related to vehicle 

### repairs and reinspections afterthe vehicle has failed an inspection test, including the repairs performed, any technician rec

### ommended repairs notperformed at the owner'srequest, the name and address ofthe facility thatperformedthe repairs, the name of the individual who performed the repairs, and, ifapplicable, the identification number ofthe recognized repair facility or**recog~** nized automotive emission repair technician, or both, that**per~** formed therepairs. The

### reports shall also include compiledinformation containing the number of vehicles submitted for reinspection and percentages indicating the number ofvehicles that passed, failed, and received waivers after repair following a failed inspection test. The department shaU make information gathered from these reports available tothe public. (n) Prescribe procedures for granting temporary exemptions under sub. (8) (c) I. (10} RECIPROCITY; TEMPORARY OPERATING PERMIT AND FXEMPTIONS. The departmentmay promulgate rules which: (a) Authorize the acceptance ofan inspection perfonned in another state instead ofan inspection requiredunderthis section ifthe inspection in the other state was performed under procedures, requirements and standards comparable to those required under this section and it satisfies the requirements ofthe federal act. (b) Authorize the issuance ofa temporary operating permit, valid for not more than 30 days, to allow time for inspection and necessary repairs and adjusnnents ofany motorvehicle subjectto inspection under sub. (6). (c) Permit a temporary exemption for nonexempt vehicles absent from an emissions inspection area. (d) Authorize the issuance ofa certificate ofcompliance for nonexempt vehicles that fSil the inspection tests under sub. (11) (a) fOr applicable emission limitations butcomplete a comprehensive physical and fimctional diagnostic inspection which indicates that no adjustments or repairs will bring the vehicle into compliance with applicable emissions limitations. (10m) REINSPECTION. The owner of a nonexempt vehicle inspected under this section is entitled, ifthe inspection determines that any applicable emission limitation isexceeded, toone reinspection ofthe samevehicle at any inspection station within this state operatedby a contractor under sub. (8) (am), or at any other location where, as established under sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that therepairs and adjustments which were performed on the vehicle could not have been made within 30 days ofthe initial inspection. (11) INSPECTION TESTS; RESULTS. (a) A contractor shall perfonn the tests required underthe federal act, and any testing and inspection method established under sub. (8) (bm) shall include the tests required underthe federal act. Thetests shall include one ofthe approved short tests requiredbythe federal actto detennine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides ofnitrogen. The department may require contractors to provide information on the fuel efficiency ofthe motorvehicle. (b) Thedepartment shall require eachcontractortofurnish the results ofthe emissions inspection in writingto the person presenting the vehicle for inspection before he or she departs from the inspection station. Foremissions inspections notconductedby a Updated 09-10Wis. Slats. Database 6

contractor, the department shall require anytesting and inspection method establishedunder sub. (8) (bm) to includethe coritemporaneous furnishing ofthe results ofthe emissions inspection in writing tothe person having the vehicle inspected. Ifthe inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments orrepairs likely to be needed for compliance.

(12) REPAIRS. Repairs or adjustments necessary to bring a vehicleintoc.ompliance with applicable emissions limitations 

### are the responsibility ofthe vehicle owner and may be madC6 by the
owner or any person selected by the owner. Ifthe emissions inspection is perfonned in a county identified in sub. (5)by

### aperson engaged in the business ofselling, maintaining, or repairing motor vehicles orofselling motorvehicle replacement orrepair parts andthe vehicle fails the inspection test, then afterthe failed test the person shall advise the vehicle ownerthat the owneris not required to have any repair or adjustment necessary to bring the vehicle into compliance made by, or to purchase any necessary service orpartfrom, the person andhas therightto select a vendor ofthe owner'sownchoice. Fora nonexemptvehicle with a model yearof

### 1981 orlater, onlyrepairs pertbnnedbyautomotiverepair technicians, as defined by the department by rule, shall 

### be valid for the issuance ofa waiver ofcompliance under sub. (13). (13) REPAIR COST LIMIT. (a) The department shall issue a waiver ofcompliance valid until the next required inspection of the vehicle under sub. (6) ifthe owner presents satisfactory evidence tothe department that the actual costs ofrepairsperformed
on a vehicle in accordance with an inspection report under sub. (1 1) (b) exceededthe repair cost limit establishedunderpar. (b).

(b) The departmentofnaturnl resources shall, byrule, establish the amount ofthe repair cost limit to equal the amount required under 42 USC 75lla (b)4. or (c) (3) (C). (c) In detennining the costs of repairs and adjustments included in the repair cost limit, the fOllowing costs shall be excluded: 1. Costscoveredby any warranty. 2. Costs necessary torepair orreplace any emissions control system or mechanism which has been removed, dismantled or rendered inoperative inviolation of

### s. 285.30 (6) orrules promulgatedunderthat section.**~** (14g) USE OF STATE SUPPORTED REVENUE BORROWING. The department may notuse state supportedrevenue borrowingforthe inspection andmaintenanceprogramwithoutthe approval ofthe joint committee on finance. 

### (15) PENALTY. Any person who violates this section or rules promulgatedunderthis section may

### be required to forfeit not more than $500.

History: 1979 c. 274; 19H 1c. 20: 1983 a. 27; I987 a. 27, 2 18; IQll9 a. 56; 1991 a. 39, 302; 1993 a. 16,288, 491; 1995 a. 227; 1997 a. 46; 2001 a. 16; 2(}(13 a. 220; 2005 a. 49; 2007 a. 20; 2009 a. 228.

Cross-Rference: See also ch. Tmns 131, Wis. adm. ''ode.
110.21 Education and training related to motorvehicle emissions. The department and its contractors under s. II0.20 (8) (am) shall conduct a program ofpublic education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project ofmotor vehicle emissions inspections forthose ownerswhoelectto presenttheir motor vehicles for inspection.

History: 1979c. 274; \987 a. 27; 1991 a. 39; 1993 a. 288; 2007 a. 20.
110.215 Motor vehicle emission control equipment grant program. From the appropriation under s. 20.395 (5) (hq), the department shall, in consultation with the department of natural resources, develop and administer a program to provide grants forthe purchase andinstallation ofoxidationcatalystmufflers on schoolbusescustomarilykept in counties identified in s. 110.20 (5). The department shall adopt rules to implement and
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges elfecfive on orprior

### to 9-1-11 areprintedas IfcurrentlyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?Electronic reproduction of2009-l0Wis. Stats. database, current through 2011 Wis. Act 39 and July 25. 2011.

7 Updated 09-10Wis. Stats. Database

administer this section, including procedures, standards, and criteria for awarding and distributing the grants.

History: 2003 a. 220.**Cross-referen~:** See also ch. Trans !35, Wis. adm. code. 110.22 Repaired salvage vehicle inspector training. From the appropriation under s. 20.395 (5) (cq), the department shall provide training on the examination of repaired salvage vehicles to inspectors or persons eligible to be authorized as inspectors by the department under s. 342.07 (2).

History: 1993 a. 16. 

### MOTOR VEHICLES 110.22

2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutotychanges effective on orprior

### to 9-1-11 areprintedas "currentlyIn effect. Statutolychanges effective after 9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?

## 2001 Senate Bill 55



## . 451

-- 2001 Wisconsin Act 16
state, within 90 !:lays the Lmriod oftime specified by

### the department under sub. (9\ (d) priorto renewal ofregistration in the 2nd year after the nonexempt vehicle's model year and every 2 years thereafter, except as provided in sub. (9) (j).

-- SECTION 

### 2606. 110.20 (9) (d) of tlte statutes is

amended to read: 110.20 (9) (d) Specify aperiod oftimeduring which


### an emissions inspection mustbepeli"Ormed for anonexempt vehicle subject to sub. (6) (a) I. or 2. SECTION 

### 2606m. 111.335 (I) (CV) 

### ofthe statutes is createdto read: Jll.335 (I) 

### (cv) Notwithstanding s. 11l.322. it is not employment discrimination because of conviction 

### record to 

### refuse to employ in a position in the classified se1vice. in a position described ins. 230.08 (2) (k), oras a corps enrollee 

### with the Wisconsin conservation corps 

### under s. 106.215 (1) 

### (c) a person who hasbeen convicted under 50 USC, Appendix, section462 for refusing to register with the selective service system and who has not beenpardoned. SECTION 

### 2609j. 111.70 (l) (j) 

### of the statutes is amended lo read: Ill.70 (1) (j) 

### "Municipal employer" means any city, county, village, town, metropolitan sewerage district. school district. family care district.orany otherpolitical subdivision ofthe state. or instrumentality ofone or more political subdivisions ofthe stale thal engages the ser

### vices ofan employee and includes any person acting on behalfofa municipal employer within the scope ofthe person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V ofch. 229. 

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## 2001 Wisconsin Act 16

In Part 

## 2 

## -452- 2001 Senate Bill 55 

# , r 

## IFii!

lllfiil&i1iJ!I!! 7111 i 

## F 

## J I 

# I 1·m**~!!!H!HIIIII'IIIIIIiiliii!IL** 

## Liil!ll**!Hill!~ t!!ii~illfi!Q'!WZ!**  

# t I '57 u 

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## 71il11 

## TN II' If! 

## Y?Wfif?i!i



## l!iliii:llliUIIB.II!1111U liE jill!

## lUI

## IIIII II lilfil Nlif!BIIIl R!lllilll.lilllii-Dlil!!lllililfill!ll!ll ilf1!1il1i! l!llli¢.l!l11!111\_.ll Ll$U 

## II;IUII.IUIIIIA' 

## !111UIIIU!IIIJI1i'.ll IIIli

## I 

# I! &.11111.! I Ill 

## !lt1l!llill'll·g-fll!L EbJb i 

# lll .JI.l!i**~~Jolt11IIlil1~PUJ-** 

## ·· ·· ·- ···.**--~ ~~e~llitlilllfllillfliiQIIP!TUillflil!fllill!** **llikJ·~ '""""'a·a·~rli**  '"illl'fJdB'.'idi !$;."-. -·"-.···

.. •w r::; V'tl:U?..**-~** , ..,-·-" ,IOIIIIW!'!**_/:){Sil1J~jlf'i}2f201¥!ffi#ft1$?)0t!!Pf%$i** SECTION 2610. 

### 111.70 (4) (jm) 4. 

### k. ofthe statutes is createdto 

### read: 

### Ill.70 (4) 

### (jm) 4. k. 

### Establisha system for conducting interrogations ofmembers ofthe police department that is limited to thehours beiWeen 7 a.m. and

### 5p.m. on working days, 

## as detined ins. 227.01 (14), ifthe interro· gations could lead to disciplinary action. demotion, or dismissal,butone that does not apply ifthe interrogation is part ofa criminal investigation. SliCTION 

### 261Sag. 

### 111.81 (7) 

### (f) of the statutes is created lo read: 111.81 (7) (f) 

### Instructional staff employed by the board ofregents ofthe University ofWisconsin System whoprovide services for a charterschool establishedby contract under s. 118.40 (2r) (em). SECfiON 

### 261Sb. 111.81 (9m) ofthe statutes is created to read: 

### II Ul (9m) 

### "'Instructional staff' has the meaning given in rules promulgatedby the department ofpublic instruction under s. 121.02 

### (l) (a) 

### 2. SECTION 

### 2615bm. 111.815 (I) of the statutes is amended to read: II t. 

### 815 (1) 

### In the furtherance ofthis subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the stale service shall be ascoru;islent

### as practicable. The department shall negotiate andadministL"fcollectivebargaining agreements. To coordinate the employer position in the negotiation of agreements, the department shall maintain close liaison with the legislature relative to the negotiation ofagreements and the fiscal ramifications thereof. Except with respect tothe collective bargainingunits specified ins. 111.825 ( lm) and (2) (!), 

### the department is responsible for the employer functiotts of the executive branch under this suhehapter. and shall coordinate its collective bargaining activities with operating state agencies on matters ofagency concem. The legislative branch shall act uponthoseportionsoftentative agreemL"llts negotiated by the department which require legislative action. With respect to the collective bargainingunits specified ins. 111.825 (I

### m), the University ofWisconsin Hospitals and Clinics Board is responsible for the employer funcli<ms under this subchapter. With respedlo the collectivebargaining unit specified in
s. 111.825 121 (Q. 

### the governing board of the charter school established by contract under 

### s, 118.40 12rl (em) l. is responsible for the employer functions under this subchapter. St:cnoN 2615h. 

### 111.815 (2) 

### of the statutes is amendedtoread: 111.815 (2) 

### In thefurtherance ofthe policy under s. 111.80 (4), 

### the secretary ofthe department shall establish 

### acollective bargainingcapability within the department outside ofthc division ofmerit recruitment and selection and shall, together with the appointing authorities or their rt.'Prescnlatives, represent the state in its responsibility as


### an employerunder this subchapterexcept with respect to negotiations in the collective bargaining units specitied ins. 111.825 (lm)and 12)(0. The secretary of

### the department shall establish and maintain, whereverpracticable, consistent employment relations policies and practiees throughout the state service. SECTION 

### 26l5j. 111.825 (2) (f) 

### of the statutes is created to read: 111.825 (2) (I) 

### Instructional stallemployed by the board ofregents ofthe University ofWisconsin System who provide services lor

### a charter school establishedby contract under s. 118.40 (2r) (em). Sr.cTION 2615L. 

### 111.84 (2) (c) 

### of the statutes is amendedto read: 111.84 

### (2) (c) To refuse to bargain collectively on matters set tbrth ins. 111.91 

### (l)\\ith the duly authorized ofticer oragent ofthe employerwhichis the recognized
or certified exclusive collective bargaining represenla· live of employees specified in s. 111.81 (7) 

### (a) in an appropriate collective bargaining unit or with the cerii

### licd exclusive collective bargaining representative of employees specitied in s. 111.81 (7) 

### (b) erf<;t

### 1QJjJ in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to. the refusal to 

### execute a collective bargaining agreement previously orally agreed upon. St:CTION 

### 261Sn. 

### 111.91 (4) ofthe statutes is amended to read: 111.91 (4) The secretary ofthe department, in con· nection with the development oftentative collective bargaining agreements to 

### be submitted under s. 

### lll.92 (l) (a). shall endeavor to obtain tentative agreements with each recob'Ilized or certified labor organization repre· senting employees or supervisors ofemployees specified ins. 111.81 (7) (a) and with each ce1tified labororganizationrepresenting employees specified ins. 111.81 (7) (bl 

## e<-W !J.L.(lU 

### which do not contain any provision fbr the

## 2001 Senate Bill 55



## -- 591

- 2001 Wisconsin Act 16
The departmem shall award the grants to eligible recipients who qualify for the grants in the order in which the grant applications arereceived 

### by the department. SECTION 3207p. 281.73 ofthe statutes is created to read: 28L73 Wastewater and drinking water grant The department ofnatural resources shall provide a grant from the appropriation under s. 20.370 

### (6) (bk) to the Town ofSwiss. BurnettCounty, and the St. Croix Band ofChippewafor design, engineering, and construction of wastewaterand drinking watertreatment facilities. Vetoed**~:iilii!IIIP'''iillllmm~~~ill~ill'·** 

### In Part**,.~.-~"111.'!f!Milli!lilwilrllli::r~,p~~~; ~~~~1ilsifitlll~irliJil~lllilit~O** **-~·~D\\~~;,~,tlliil'Wflll'lei~ llifD;il!ittlitim'DQI.~~b!ttl·ft•llllt'D:iilma'~'~** **iil:!!liijlti~-~ililt~:fi~**

## ...**---:llfilll'll!lilillilll!l.'ilillfllljli--~** 

## 111111'1'':1 •

# ········-·01?.210<""'"''"''*"''"""""'08"**,~Uii!•ft'A ~:~-~**  1**lliH¥8lt:iitliii1-dcnn±;J!h~144ITt1um;<v;»h** 

### SECTION 3208. 281

.75 (4) (b) 3. of the statutes is amended to read: 281.75 (4) 

### (b) 3. An authoritycreated underch. 231, 233

## '*• 234. or 237. SECTION 3211. 283.33 (I) 

### (b) of the statutes is amended tn read: 283.33 (I) 

### (b) A 

### discharge ofstorm water from 

### a municipal separate storm sewersystem serving an incorporated area with 

### a population of 100,000 or morcJ!.ti determined bythe 1990 federal census. SECTION 3212. 283.33 (I) 

### (c)ofthe statutes is created toread: 283.33 

### (I) (c) A discharge ofstorm water from a municipal separate stonn sewer system serving an area located in an urbanized area, as determined by the U.S. bureau ofthe census based on the latestdecennial federal

census. SECTION 3213. 283.33 (I) 

### (cg) of the statutes is 

### created to read: 28333 (I) (cg) A discharge ofstorm water from a municipal separate stonn sewer system serving an area with 

### a population of 

### I0,000 or more and a population density of

### I,000 ormoreper squm'C mile, ifthe system is designated by the department to be regulated nnder this section ba,ed on an evaluation of whether the storm waterdischarge results in, orhas the potential to result in, water quality standards being exceeded, including impairment ofdesignated uses, or in other significant water quality impacts. including habitat and biological impacts. SF:CTION 3214. 283.33 

### (I) (cT) 

### of the statutes is createdtn read: 283.33 

### (I) (cr) A discharge ofstom1 water from a municipal separate stnrm sewer systemthat isdesignated by the department to be regulated under this section becausethe systemcontributes substantially to the poilutan! loadings ofa physically interconnected municipal separate stonn sewer system that is regulated underthis section. SECTION 3215. 283.33 (I) 

### (d) of the statutes is amended to read: 283.33 

### (I) (d) A discharge of storm water from 

### a facility oractivity. other than a facility or activityunder !""'pars. (a) 

### <lf--(l>j**~.if**

### the department detetmines that the discharge either contributes to a violation ofa water quality standard or is a significant contributor of pollutants to the waters ofthe state. Sf:CTION 3216. 283.33 (4) 

### (a) (intro.) ofthe statutes is amended to read: 283.33 (4) 

### (a) (inlro.) Jn addition to obtaining

### a per

### mit under 

### this section. 

### the owneroroperatorof

### an industrial activity described in sub. (I) 

### (a) that discharges storm water through 

### a municipal separate 

### storm sewer system described in sub. 

### (I)**(b)~** 

### shall submit the following information to the owner or operator ofthe municipal separate storm sewer system: S>.CTION 3217. 283.33 (8) ofthe statutesisamended to 

### read: 283.33 (8) RULE MAKING. 

### The department shall promulgate rules Geataieil1g Griteria fer**iQ~eti~'ing** 

### sterm 

### \Valor eiscl!arges fer**whi~h** 

### jlOI'Hlits 3W**re~uirea** 

### "HGOf**~for** 

### the administmtjon ofthis section. The department may not require a permitunder this section for diffused surface drainage or agricultural storm water discharges. SECTION 3218. 283.84 

### (I) (c) of the statutes is amended to 

### read: 283.84

### (I) (c) Reaches 

### an agreement with the depmtmcnt ora local governmental unit, as defined in s. 

### -1-4.9+ 22.01 (7), under which the person pays money to the department or local governmental unit m1d the department orlocal governmental unit uses the money

### to reduce waterpollution in tl1e projectarea. SECTION 3219. 283.89 (2m) of tl1e statutes is amended to read: 283.89 

### (2m) Ifthe department finds a violation ofs. 283.33 (I)

### tn (8) 

### for which a 

### person is subjectto a forfeiture under s. 283.91 (2),tl1e department 

### sl!a» DJ.ey 

### issue
a citation m>d, ifthe @partment 

### does issue a citation, the procedures in 

### ss. 23.50 to 23.99 apply.**i!i~illfdlllliiiiiKiiiiii''IIIIIRUIIW&illirUl'HZ1W** 

### Vetoed**!i.llilll!'lmi'lib~-** 

### InPart**li!9511'11lii!!Jt~1'::!!!rmrrar······n•'mrii**



## ..**,~ililrt'F'-~Ii~li~?PW !!!ilfii~Jil!ll**  

## ilJ1iitl'!!11liiii'IIWMI'Iiir·w':Y!i''8iil:.-**m!fii\'._._.,~**

# ••**rliJilllriPl'd'iJt~H'£\iiiilH**

### ,~:ittl!IP\'-iitv!lllilll'f8'i{iiilf~&1i<'lill!a'!'ili**~~lill\i~~\1ll$lli;¥J;t~~~ii\hh~.k7ll,JY;'~\:,tt~\\if'>;:\~:\\;*\',{,**



### SECTION 3220. 285.59 (I) 

### (b) of the statutes is amendedtoread:

## 2003 Senate Bill 436 Date ofenactment: April 8, 2004 Date ofpublication*: April 22, 2004 

# 2003 WISCONSIN ACT 220

AN ACT toamend20.395 (5) (hq). 110.20 (6) (a) 

### I. and 110.20 (6)(a) 3.; and

### to create 110.215 ofthe statutes; relat

### ing to: motor vehicle emission inspections and creating an equipment grant program. extending the time limit tbr emergency rule procedures,providing an exemption tfom emergency rule procedures, providing an exemption from rule-makingprocedures, granting rule-making authority, and making an appropriation

.


### The people ofthe state ofWi.<consin, represented ;, senateandassembly, do enactasfit/lows:

SECTION 

### lg. 20.395 (5) (hq) of the statutes is amended to read: 20.395 (5) (hq) 

### Motor vehicle emission inspection andmaintenancepmgram; contractor costs andequipment**~rants:** 

### statejimd.;;. 

### The amounts in the schedule to provide torcontracts for the operation ofinspection sta

### tions under s. 110.20 and for the motor yehic!e emjssjon control equipment**~rant pro~ram**  

### under s. 11 

### 0 21 5. SECTION 

### lm. 110.20 (6) (a) I. of the statutes is amendedto read: 110.20(6)(a) I. For a nonexempt vehicle required to be registered on an annual orotherperiodicbasis in this state, within the period oftime specified by the departmentunder sub. (9) (d)prior to renewal ofregistration in the .;!00 

## 'llh year atler the nonexempt vehicle's model year and every 2 yearsthereatler, except as provided in sub. (9) 

### (j). SECTION 

### 2. II0.20 (6) (a) 3. of the statutes is amendedtoread: 110.20 (6) (a) 3. Fora nonexempt vehicle tlmt is registered under s. 341.26 (2m), ownedbythe United States

orsubject to one-time registration. at any time during the .;!00 

## 'llh year following the nonexempt vehicle's model year andevery 2 years thereafter. SECTION 

### 2m. II0.215 of tl1e statutes is created to read: 

### 110.215 Motor vehicle emission control equipmentgrant program. From the appropriation under s. 20.395 (5) (hq), the department shalL in consultation with the department ofnatural resources, develop and administer a program to provide grants for the purchase and installation ofoxidation catalyst rnuffiers on school buses customarily kept in counties identified in s. II0.20 (5). Thedepartment shall adoptrules to 

### implementand administer this section, includingprocedures. standards. and criteria for awarding anddistributing the grants. SECTION 

### 2r. Nonstatutory provisions. (I) 

### The department oftransportation shall submit in proposed form the mles required under section II0.215 of the statutes, as created by this act, to the legislative council staffunder section 227.15 (I) ofthe statutes no later than the first day ofthe 4th month beginning after the effective date ofthis subsection. (2) Using the emergency rules procedure under section 227.24 ofthe statutes, the department oftranspOltation shall promulgate tl1e rules required under section 110.215 ofthe statutes, as created

### by this act, torpurposes



## * Section 991.11, WISCONSIN STATUTI'S 2001--02 : Etfcctive date ofacts. "EVC!)' act and every portion ofan act enacted by the legislature over the governor's partial veto which does nor expresslyprescribe the time when it takes 

### efrect shall take effect on the day afu.-r its date ofpublication
as dcsignatt>d" by the secretary ofstate [the date ofpublication may notbe more than 10 workingdays after the date ofenactment}.

## 2003 Wisconsin Act 220
ofimplementing this a¢!, 

### torthe periodbefore 1he effective date ofthe rules**su~mitted** 

### undersubse<.1ion (I). The deparnnent shall promulgate these en1ergL'llCY rules no later 1han the first day bfthe 4th month beginning after the effective 

### date oftllis subsection. Notwithstanding section 227.24 (I) (c) af'd (2) of1he statutes, tl1ese emergency rules may**remai~** 

### in effectuntil June 30, 2005, or the date onwhich perm!rnent rules take efiect, whichever is sooner. Notwithstanding section 227.24 (I) (a) and (3) ofthe statutes, the depqrtment is not requiredto provide

# -2- 2003 Senate Bill 436
evidence that promulgating a rule under this subsection
as an emergency mle is necessary for the preservation of 1he public peace, health, safety, or welfare and is not required to provide a finding ofen1ergeney for a mlepromulgated under 1his subsection. SECTION 

### 3m. Effective dates. This act takes effect
on 1he day afterpublication, except as follows: (1) 

### The treatment of sections 20.395 (5) (hq) and 

### 110.215 ofthe statutes takes etTect on the first day of1he 4th month beginning after publication.

## 2005 Senate Bill 218 

# -5- 2005 Wisconsin Act 49 period. the seller shall f<ffilm 

### Sllb.milto the department anypart ofa rcfw1d or taxes 

### thatthe sellerdocs not.- Sllb.mil to 

## abuyer orto the department along with apenalty of25% ofthe amount not retumea 

### or submitted 

### or 

### in the case offraud. a penalty equal to the amount not Felllmed in the eafle eflfaud submitted Aperson wlw collects amounts as taxes erroneously from buyers for a real proncrty const111ction activity or nontaxable service may reduce the taxes and interest that he orshe is reqyired 

### to submitto the buyeror to the do;partment underthis subsection for d>at activity or service by the amount oftax and interest subsequently due and pajd <m the sale ofor 

### the storage use or other consumntion oftangible personal property that is used 

### by the person in that actiyity

or sendee 

### and transferred to the buyer. SECTIOl'o 

### 27. 77.59 (5) 

### ofthe statutes is amended to read: 

### 77.59 (5) 

### The department may otfset the amount of any refund fbr a period, together with interest on the refund, against dcticiencies tOr another period, and 

### against penalties and interest on the deficiencies, or 

### againstany amount ofwhatever kind, due and owing on the books ofthe department from the person slaiming who is entitled to the refand. Ifthe refund is to be paid to a buyer, the departmentmay also setoft'ammmts in the
manner in which 

### it sets offincome tax and franchise tax 

### refunds under s. 71.93 and may set oft'amounts for child support 

### ormaintenance 

### or both in the 

### manner in which it 

### sets offincometaxes under ss. 49.855 and 71.93 (3), (6) 

### and (7). SECTION 28. 

### 77.61 (14) ofthe statutes is amendedto read: 77.61 (14) 

### Documents and payments required orpermitted under this subchapter that are mailed are timely furnished, filed or made ifthey are mailed in aproperly addressed envelope with the postage duly prepaid, ifthe envelope is posnuarked. or n>arked orrecordedelectronically as provided und•r section 7502 (I) 

### 121 (cl ofthe Internal Revenue Code 

### before midnight of

### the due date 

### and ifthe doeumem orpaymentis received by the department, orat the destination that the deprutmentprescribes, within 5 days after the prescribed date. Documents and payments that are not mailed are timely if they arc received on orbefore the due date by the department or at the destination that the department designates. 

### f.Qr purposes ofthis subsection. "mailed" includes delive[)' by adelivecy service desjvnated undersectjon 7502 (f) 

### of 

### the Internal Revenue Code. SECTION 

### 29. 78.22 (4) ofthe statutes is amended to read: 

### 78.22 (4) LATE FILING FEE. 

### Any person who fails to file a motor vehicle fuel floor tax return when due shall pay a late filing fee of$10. A retum tl1at is mailed is filed in time ifit is mailed in a properly addressed envelope with Ist elass postage duly prepaid and the envelope is officially postmarked. or marked orrecorded elcctronically as proyided WJder section 7502 (

## O12) (c) ofthe lntemal Revenue Code. on the date due and the retum is actually received by the department or at the destination that the department prescribes within 5 days ofthe due date. Aretum that is not mailed is timely ifit is received
on orbefbre the due date by the department or atthe destination that the department prescribes. Forpurposes of this subsection "mailed" includes delive[)' by a delivciY servjce desja-nated under section 

### 7502 lt) 

### ofthe Intemal 

### Revenue Code. SECTION 

### 30. 

### 78.39 (5d) ofthe statutes is created to read: 78.39 (5d) "Pay"hasthe meaning given ins. 78.005 (13b). SECTION 

### 31. 

### 78.39 (5m) ofthe statutes is created to read: 78.39 (Sm) 

### "Sign"has the meaning given ins. 78.005 (13r). SECTION 

### 32. 

### 110.20 (8) 

### (e) ofthe statutes is amended to read: II0.20 (8) 

### (e) 

### The contractor shall collect, maintain and report data as 

### the department requires. The department shall reserve the 1ight to enter and inspect test station premises, equipmcm and records at all reasonable 

### times in the discharge ofits administrative duties. +lie**ae~artrnent** 

### ef"'''""""shallaHait the reeenis efthe een tfaeter aAAHaily ana shall previae fur lbe 

### pH9lieatien ef lhe ronulffi efaH<Iils eendueted**~~naer**

### thi.; paragraph in lhe effioial slate ne•KSflapor.**S~cnoN** 33. 139.03 

### (2x) (d) of the statutes is amended to read: 139.03 (2x)(d) Late filing fee. 

### Anyperson who fails to file a floor tax return whendue shallpay a late filing fee of$10. A return that is mailed shall be considered filed in time ifit is mailed in a properly addressed envelope with**l~**

### postage duly prepaid. ifthe envelope is officiallypostmarked. or marked orrecorded electronically as 

### provided WJder section 7502 

# <D <21 

### tel 

### ofthe Internal Revenue Code on the date due and ifthe return is actually received by the department or at the destination d>at the depmtment prcsc1ibes within 5 days ofthe due date. A return that is not mailed is timely 

### ifit is 

### received on orbefore the due date by the depattment or at the destination thatthe department presc1ibes. For

### pw·- poses ofthis**para~raph** 

### "mailed" includes delive[)' 

### by a delive[)' service designated W1der section 7502 (f)

### ofthe Internal Reye1we Code SECTION 34. 

### 139.05 (2a) ofthe statutes is amended to read: 139.05 (2a) The payments and retums under subs. ( 1 ) and (2) that are mailed are furnished, filed ormade on time, and payments therein refCrred to arc timely, if mailed in aproperly addressed envelope. with tirst elass postage duly prepaid, which envelope is officially postmarked or marked or 

### recorded electronically as provided 

### under section 7502 (0 (2) lcl of the Internal Revenue

## 2007 Senate Bill 40 -501- 2007 Wisconsin Act 20 promulgate rules governing background investigations, and confidentiality of infonnation obtained, under this subsection. SECTION 

### 2653. 110.20 (7) ofthe statutes is amended to read: 110.20 (7) VOLUNTARY INSPECTIONS. 

### The inspection andmaintenanceprogram shall require inspection ofany nonexempl vehicle which a person presents for inspec

### tion at an inspection station or at any other locatjon where. as established under sub. !8) !bml, the vehicle may be inspected. SECfiON 

### 2654. 

### I 10.20 

### (8) (title) of the statutes is amended to read: 110.20 (8) (title) CONTRACTORS AND OTt!FR INSPECTION METHODS. SECTION 

### 2655. ll0.20 

### (8) ofthe statutes is renumbered ll0.20(8)(am),and ll0.20(8)(am) L.asrc'!lum

### bered. is amendedto read: 110.20 (8) 

### (an1) L 

### Theemissions test and equipment inspection of nonexempt vehicles 

### sl!i!ll Jllll,i: 

### be perfomled by persons under contract with the department. 

### +00 Each such contract shall require the contractor to 

### operate inspection stations for a minimum of

### 3 years and shallprovide for equitable compt.'!lsa!ion to the contractor 

### ifthe operation ofan inspection and maintenance program 

### withinanycounty is terminated within 3 yearn after the inspection andmaintenanceprogram in the county is begun. Noofficer, directororemployeeofthe contractor may be an employee of the department or a person engagedinthe business ofselling, maintaining or repairing motor vehicles or ofselling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sutlicient number ofinspection stations, pcnnanent or mobile, to ensure public convenience inthose counties identifiedunder sub. (5). SECTION 

### 2656. 110.20 (8) (am) lm. ofthe statutes is created to read: 110.20 (8) (am) lm. Each contract under subd. L may authori>.e or require the contractor to install and operate self--service inspection stations and may a1low the use of different methods tor emissions testing and equipment inspection, consistent with methods established underpar. (bm),than those used at inspection stations that are not self-service. SECTION 

### 2657. 110.20 (8) (bm) 

### ofthe statutes is createdtoread: 110.20(8) (bm) 1bedepartmentmay establish methods for emissions testing and equipment inspection of nonexemptvehicles in addition to testing and inspection bycontractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization ofany technology related to emissions or data transmission with which motorvehicles may be equipped. The department may establish methods tor emissions testing and equipment inspection specifically applicable to selfC·service inspection stations, whichmethods shall apply equallyto selfservice inspection stations operatedbycontractorsunder par. (am) lm. and self-service inspection stations operated 

### by the department under this paragraph. SECTION 

### 2658. 110.20 (9) (k) of the statutes is createdtoread: 110.20(9) (k) 

### Prescribe 

### a procedure for any method fOr emissions testing and equipment inspection established under sub. (8) 

### (bm). SECTION 

### 2659. 110.20 (I

### Om) of the statutes is amended to read: 

### II0.20

### (lOrn) REINSPECTION. 

### Theownerofa nonexempt vehicle inspected under this section is entitled, ifthe inspection determines that any applicable emission limi

### tation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by 

### a contractor under sub.<&) <am) or

## at any 

### otherloca

### tion 

### where, as established under sub. 

### 18) (bm), the vehicle


### was initially inspected. 

### ifthe reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were pe1tormed on the vehicle could not have been made within 30 days ofthe initial inspection. SECTION

### 2660. II0.20 (II)ofthe statutes is amended to read: 110.20 (II) INSPECTION TESTS; RESULTS. 

### (a) 

### +he A contractor shallperform tl1e tests required under the ted
### era

### I act and mzy testin2 and inspection mel'bod established undersub, (8) (bml shall include the tests required under the federal act The tests shall include one ofthe approved short tests required by the federal actto determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides ofnitrogen. The department mayrequire H:le sefltmetercontrac

### tors toprovide information on the fuel ctliciency ofthe motor vehicle. (b) The department shall require

### l4e**~contractor** 

### to furnish the results ofthe emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs

### fi'Ol11 the inspection station. For 

### emjssions inspections not conducted 

### by a contr4Ctor. the 

### department shaJI 

### teijlljre any testin2 apd 

### jnspection method established under sub. (8) Ibm) to include the contemporaneous**fumjshjn~** 

### ofthe results ofthe emis

### sions inspection in writinc to 

### the 

### person bayin2 the vehicle inspected. If the inspection shows thai the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extentpossible, a description ofthe noncompliance and the adjnstments or repairs likely to 

### he needed for compliance. SECTION 

### 2661. 110.21 ofthe statutes is amendedto read: 

### 110.21 Education and training related to motor vehicle emissions. The department and its contractors unders. 110.20 (8) (am) shall conduct a program ofpub-

### Vetoed In 

### Part

Vetoed In 

### Part 

## 2007 Wisconsin**A~t** 

## 20

- 502

- 2007 Senate Bill 40

lie education related tolthe motor vehicle emission and equipment inspection 

### d maintenance program established tmder s. 

### II0.20 ( ). The program under s. 

### II0.20 (6)

### may include a pilot roject ofmotorvehicle emissions inspections for those o ers who elect to present their motor vehicles for insp ction. SrcnoN 

### 2665. l 1.70 (l) 

### (j) of the statutes is 

### amendedto read: 111.70 (I) 

### (j) "M 

### icipal employer" means any city. county. village, town, metropolitan sewerage district, school district, 

### family long-term care district, or any other political subdivisi n ofthe state, orinstrumentality ofone or more politic l subdivisions of the state, that engages the services o an employee and includes any person acting onbehal ofa municipal employerwithin the scope ofthe perso 's authority, express or implied. but specifically does n 

### include a local culturalarts district createdunder sub

. V ofch. 229. SH:TtON 

### 2666e. I !.70 

### (4) (c) 2. ofthe statutes is renumbered 111.70 

### (4) (c)

### 2. a. SECTION 2666f. II .70 (4) (c) 2. b. ofthe statutes is createdto read: II 170(4) (c) 

### 2. b. collective bargaining agreement 

### I'"W'M'IjFIFrr;!jiiJI' m y, notwithstanding s. 62.13 (5), contain dispute r lution procedures, including arbitration, that addre s the suspension, reduction in 

### rank, suspension and uction in rank, or removal of suchpersonnel. 

### Ifthe rocedures include arbitration, the arbitrationhearing shal bepublic and the decision ofthe arbitrator shall be is ued within 180 days of the conclusionofthe heari g. SECTION 

### 2679g. I 1.70 (4) (m) (title) ofthe statutes is amendedto read: 

### Ill.70 

### (4) (m) (tit! ) 

### Pmhibitedsubjects ()lbargain

### ing· · · J • .,_ 

### SECTION 

### 2679i. 111.70 (4) (me) of the statutes is created to read: I 

### 111.70 (4) (me) 

### p hibitedsuf:>jects of bargaining 

## m 

# •40!1 Tlnnrr ··· .fiU!li'YE**~ji** 

### the municipal employer is prohibited from bargai ing collectivelywith respect 

### to: I. The prohibition faccess to arbitration as an alternative to 

### the procedur sins. 62.13 

### (5). 2. The reduction o standards ins. 62.13 (5) 

### (em) I. to 7. I 

### 3. The payment

# <f compensation in a way that is inconsistentwith s. 62j13 (5)(h). SECTION 2665g. ,114.09 (title) of the statutes is amendedto read:

_ i

.. 

### 114.09 (title) ...,....... Intoxicated and reckless flying; penally. ' SECTION 2665h. 1114.09 (I) (a) of the statutes is renumbered 114.09**(l~** 

### (a) (intro.) and amended to read: 114.09 (I) (a)**(intr~.)** 

### Inthis subsection,**"drug"~** 

### I. "'Drug"has the niteaning specified ins.450.01 (10).

' 

### SECTION 2665j. 114.09 (l) (a) 

## 2. ofthe statutes is created to read: 114.09

### (I) (a) 

### 2. "Prohibited alcohol concentration"

means an alcohol concentration of0.04 ormore ifthere is nopassenger in the aircraft, more than 0.00 ifthere is

a passengerin the aircratl. SECTION 2665L. 114.09 (I) (b) of the statutes is renumbered 114.09 (1) 

### (b) 

### I. and amendedto read: 114.09 

### (I) (b) I. No person may operate an aircraft in the airoronthe ground orwaterwhile underthe influence ofintoxicating liquor or controlled substances or controlled subs1ance analogs underch. 961 ora combination thereof, under the influence ofany other drug io a degree which rendershim orherincapable ofsafelyoperating an aircraft, or under the combined influence of intoxicating liquorand any otherdrug to a degreewhich rendershim or herincapable ofsafely operating an aircraft,..neF, 

## 2. No nerson may operate an aircraft in the airoron the ground orwater in a careless orreckless mannersoas to endanger

### the life orproperty ofanother. 

### In determining whether the operation was careless or reckless the court shall consider the standards for sate operation of aircraft prescribedby federal statutes orregulations governing aeronautics. 

## 1. Thecourt shall make a written reportofall convictions, including bail or appearance money forfeitures, obtained underthis sectionto the dL•partmenl, which shall sendthe report to the proper federal agency. SECTION 2665n. 114.09 (1) 

### (b) lm. ofthe statutes is created toread: 114.09(l)(b) lm. No person may operate an aircraft in the air oron the ground ifthe person has a prohibited alcohol 

### concentration. SECTION 2665r. 114.09 (2) 

### ofthe statutes is repealed andrecreated to read: 114.09 (2) 

### (a) Any person violating sub. (I) 

### (b) I. or lm.: I. Shall forfeit not less than $150nor more than $300, exceptas provided in subs. 6. and 7. 2. 

### Exceptas provided in subd. 6

.. shall be fined not less than $350nor more than $1.100 and imprisoned for notless than 

### 5 days normore tllllil6 montliS ifthe number ofconvictionsunderss. 940.09 (l)and 940.25 in theperson's lifetime, plus thetotal 

### nw11ber ofsm.1Jensions, revocations. and otherconvictions counted under s. 343.307 (I) within a IQ-yearperiod, equals 2, exceptthat suspen

### sions, revocations, or

### convictions arising out ofthe 

### same incident oroccurrence shall be countedas one. 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more tlmn $2,000 and imprisonedfor not less than 30days nor more than oneyear in the county jail if the number of convictions under ss. 940.09 (I) 

### and 940.25 in the person's lifetime, plus the total numberofsuspensions,revocations. and otherconvictions counted under s. 343.307 (1). equals 3, except

# ~tate 

# of**~ietonein**

2009 Senate Bill 505 Date ofenactment: May 5, 2010 Date ofpublication*: May 19, 2010 

# 2009 WISCONSIN ACT 228

AN ACT to amend 1,10,20 (5)(a) and (b), 11020(8)(am) L, 11020(8) (bm), 11020 (9)(e) and 110,20 (12): and 

### to create 11020(8)(am) 7, and 8,, 11020(8)(c) and 110,20 (9) (L), (m) and (n) ofthe statutes; relatingto: motor vehicle emission inspections and requiring the exercise ofrule-making authority.



### The people ofthe state ofWtsconsin,**repre~·ented** 

### in senateandassembly, do enactas follows:

SECTION 

### I. 11020(5) (a) and (b) ofthe statutes are amended to read: 11020(S) (a) Any county identified in a certification under s, 28530

### (3), The department shall terminate the program in the county at the end efthe eenlfaotHal period in**e~Gt** 

### when the county is withdrawn under s. 285.30 (4). Ifthe program is being operated under contracttermination shall occur at the end ofthe contractualperiod in effect. 

### (b) Any county whose board of supervisors has adopted a resolution requesting the department to estab

### lish an inspection and maintenance program in the county for the purpose ofimproving ambient air quality beyond the standards mandated by section 7409 ofthe federal act The department shall terminate the program in the county at the enS efths eentfaetual peFied in effeet when the county board adopts a resolution requesting termination 

### ofthe 

### program. If

### the**pto~ram** 

### is**bein~** 

### operated under contracttcnnination 

### shall occuratthe endofthe contrac

### tual periodin effect. SECTION 

### 2. 11020 (8) (am) L of the statutes is amended to read: 11020(8) (am) L The emissions test andequipment inspection ofnonexempt vehicles may be performed

### by persons under contract 

### with the department. Each such 

### contract shalt require the contractorto operate inspection stations. which may be permanent or mobile for a minimum of 

### 3 years and shall provide for equitable compensation to the contractor ifthe opcnltion ofan inspection and maintenance program within any county is 

### terminated within 3years afterthe inspection and maintenanceprogram in the county is begun. No oflicer, direc

### tor or employee ofthe contractor may be an employee of the department**e~=-a-** 

### The department may contract wjth**~** petiDD.

### includinB any person engaged 

### inthe business ofselling, rnaintainin& orrepairing motorvehicles or of selJing motor vehicle replacement or repair parts. The department shall require the contractorto operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub, (5), SECTION 

### 3. 11020 (8) (am) 7, and 8, ofthe statutes
are created to 

### read: 11020(8)(am) 7, Each contract under subd, L may authorize the contractor to enter into subcontracts for the performance ofany ofthe contractor's functions orduties under the contract. In perfonning any such function or duty, a subcontractor shaH comply with all requirements applicable to the contractor, With the department's approval, the contractormay subcontract with any person engaged in the business ofseUing, maintaining, orrepair- 

### * St>ction 991.11, WISCONSfN STATUTES 2007-08: Effective date ofacts. "Every act and every portion ofan actenacted by the legislature over the govemor's partial veto which docs not expresslyprescribe the time OOcn ittakes effectshall take effect on the day after its date ofpublication as designated" by the secretaryofstate (the date ofpublieation may notbe more than 10 working days after the date ofenactment].

## 2009 Wisconsin ct 228 

## -2- 2009 Senate Bill 505 ing motor vehicles o of selling motor vehicle replacement orrepairparts. 8. Each contract nder subd. I. shall require that, if

an emissions inspecti n is performed 

### by a contractor or subcontractor engage in the business ofselling, main

### taining, or repairing otor vehicles or ofselling motor vehicle replacement r repair parts and the inspection shows that the vehicl does not comply with applicable emisslon limitations, the contractor or subcontractor shall advise the vehic e owner as specified in sub. (12). SECTION 4. 

### ll .20 (8) 

### (bm) of the statutes is

en in s st r c m n nts. The department may 

### establish methods fo emissions testing and equipment inspection specificall applicable to self-service

### inspection stations, which ethods shall apply equally 

### to selfservice inspection s ions operated by 

### contractors under par. (am) lm. and se f-service inspection stations oper

### ated under this paragraph. SECTION 5. llO. 0 (8)(c)ofthe statutes is created to read: 

### ll0.20 (S)(c) I. 

### otwithstanding subs. (5), (6), and (9) (d), the departme t oftransportation may, with concurrence ofthe depa ment ofnatural resources, grant a temporary cxemptio for nonexemptvehicles during any 

### period in which th department of transportation is unable to operate a inspection and maintenance program. An exemptio granted under this subdivision is valid until the next equired inspection of the vehicle 

### required under sub. 6), or until the time given 

### by the department oftrans ortation to complete inspection of the vehicle, whiche er occurs first. Notwithstanding subs. (7) and 

### (IOm , the department oftransportation may deny requests r inspection during any period in which 

### exemptions e granted under this subdivision. 

### 2. Forpurposes fss. 341.04 (1), 

### 341.09 (2m)(a) I. 

### b. and 2. and (9), an 341.65 (2) (e) 2m., an inspection under this section 

### i, not required during any period in 

### which a temporary xemption is granted under subd. I. For purposes of ss. 341.09 (5), 341.10 (10) (intro.}, 341.26 (2m) (am), and 341.63 

### (I) (e), a vehicle does not require inspection under sub. (6) during any period in which a tcmporacy exemption is granted under subd. I. 

### SECTION 6. 110.20 (9) (e) ofthe statutes is amended to read: 

### II0.20 

### (9) (e) Prescribe a procedure for conducting all federally required performance audits ofinspection 

### and maintenance program operations and personnel and all enforcement against contractors. and other persons authorized by 

### the denartment to perform testing and inspection, required by40 CFR 51.364. SECTION 7. 

### 110.20 (9) (L), 

### (m) and (n) ofthe statutes
are created to 

### read: 

### 110.20 (9) (L) 

### Prescribe procedures for authorizing persons other than contractors, subcontractors of contractors, or the department to perform emission testing and equipment inspection as provided under sub. (8) (bm). (m) Require each person engaged in the business of 

### selling. maintaining, or repairing motor vehicles or of selling motor vehicle replacement or repair parts, in a county identified in sub. (5), that performs emissions inspections to co11ect and periodically report to the department information related to vehicle repairs and reinspections after the vehicle has failed an inspection test, including 

### the repairs performed, anytechnician recmnmendedrepairs not performed atthe owner's request, the name and address ofthe facility that performed the repairs, the name ofthe individual who performed the repairs, and, ifapplicable, the identification number of the recognized repair facility or recognized automotive emission repair technician, or both, that perfonned the repairs. The reports shan also include compiled infom1ation containing the number of vehicles submitted for reinspection and percentages indicating the number of vehicles that passed, failed, arid received waiverS' after repair following a failed inspection test. The department shall make information gathered from these reports available to the public. (n) Prescribe procedures for granting temporary exemptions under sub. (8) (c) I. 

### SECTION 8. 110.20 (12) ofthe statutes is amended to read: 110.20 (12) REPAIRS. Repairs or adjustments necessary to bring a vehicle into compliance with applicable emissions limitations are the responsibility ofthe vehicle
owner and may be made by the owner or any person selectedby the owner. Ifthe emissions insvection is performed in a county identified in sub. (5) 

### by a person enga2ed in the businessofselling maintaining. orrepairin!j motor vehicles or ofselling motor vehicle replacement or repair parts and the vehicle fails the 

### inspection test then after the failed test the person shall advise the vehicle owner that the owneris not required to have any repair or adjustment necessary to bring the vehicle into compliance made by or to purchase any necessary ser-

### Electronic reproduction of2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.
Updated 01}--10 Wis. Stats. Database 

### AIR POLLUTION 285.01



## CHAPTER285
AIR POLLUTION

SUBCHAPTER f DEFINITIONS 21::5.01 Definitions.

21:15.11 285.13 285.14 285.15 285.17 21!5.!9

285.21 285.23 285.25 2RS.27 285.29 SUUCHAPTER II GENERAL POWERS AND DUTIES Air pollution control; department duties. Airpollution control; department powers. • State implementation plans.

lnterstlte agreement. ··**Cla~sification.** reporting and monitoring. lnSJX-"Ctions. SUBCHAPTER lll AIR QUALITY STANDARDS, PERFORMANCE STANDARDS; EMISSION LIMITS AND NONA'ITAINMENT AREAS Ambient air qtlality standards and increments. ldemification ofnonattainment areas. Air resource allocation. F'ertOrmance and emission**standard.~.** BL"St available retrofit technology. SUBCHAPTER IV VOLATILE ORGANIC COMPOUNDS AND MOBILE SOURCES; EMISSION LIMITS AND STANDARDS 285.30 285.31 285.33 285.35 285.37 285.39

285.41 285.43 285.45

285.47 285.48 285.49 Motor vehicle emissions limitations; inspections. Gasoline**~-apor** recovery. Employee trip reduction program.**Cle;~n** fUel fleet prO!,'Tam. Refonnulated gaboline. Volatile organic (·ompounds growth accommodation and replenishment SUBCHAPTER V SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES A."l"D GOALS Sulfur dioxide emission rates afier 1992; majorutilities. Sulfur dioxide emission rates; state--owned facilities. Sulfurdioxide emission goals after 1992; majorutilities and otherlarge air contaminant sources. Nitrogen oxide emission goal; majorutilities. Nitrogen oxide emissions reductions. Trading program for nitrogen oxide emissions credits.



### SUBCHAPTER I


### DEFINITIONS 285.01 Definitions. In this chapter, unless the context requires otherwise: (1) "Aircontaminant" means dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor. (2) "Air contaminant source'', or ''source" ifnot otherwise modified, means any facility, building, structure, installation, equipment, vehicle oraction that emit'! ormay emitan aircontaminant directly, indirectly or in combination with another facility, building, structure, installation, equipment, vehicle or action. (3) ''Air pollution" means the presence in the atmosphere of one or more aircontaminants in such quantities and ofsuch duration as is ortends to be injurious to human health or welfare, animal orplantlife, orproperty, orwould wrreasonably interfere with the enjoyment oflite orproperty. (4) "Airpollution control pennit" means any pennit required or allowed under s. 285.60. (5) "Allocation ofthe available air resource" means either: (a) The apportionment among air contaminant sources ofthe difference between an ambient air quality standard and the concentration in the atmosphere ofthe corresponding aircontaminant in existence at the time the rule promulgated under s. 285.25 becomes effective; or 285.51 2S5.53 285.54 285.57 2S5.59

285.(1{1 285.6! 285.62 285.63 285.64 285.65 285.66 285.67 285.61! 285.69

285.70 285.71 285.73 285.75 285.76 285.77 2S5.78 285.79
285.795

285.81 285.83 285.85 2S5.86 2S5.87 SUBCHAPTER VI WASTE INCINERATORS; OZONE DEPLETING SUBSTANCES; EMISSION LIMITS

AND Oll-iERREQUIREMENTS Solidwaste incinerator operatorcertification. Testing emissions from medical waste incinerators. Medical waste incineratorfees. Emission ofozone

....depleting substances. R«.'Overy ofozone-depleting refrigerants. SUBCHAPTER Vll PERMITS AND FEES Airpollution control permits. Construchon permit applic-ation and review. Operation pt.."Tmit; application, review and effect. Criteria tOr pem1it approval. Criteria for operation permits tOr stationary sources. Permit conditions. Permitduration and renewaL Permit revision, suspension and revocation. Failure to adopt rule or issue permit or exemption. Fees. SUBCHAPTER VUJ MISCELI.ANEOUS Confidentiality ofrecords. Federal aid. Local airpollution control**progr~ms.** County program. Notice concerning proposed area redesignations. Machinery use. Registration ofearly emission reductions. Sma!l business stationary sourcetechnical and environmental compliance**a~sistance** program. Small business environmental council. SUBCHAPTER IX ENFORCEMENT: PENALTIES Hearings on certain airpollution actions. Violations: enforcement. Emergency procedure. Asbestos citations. Penalties for violations relating to air pollution.



### (b) The apportionment among air contaminant sources ofthe difference between W1 

### ambient air incrementandthe baseline concentration ifabaseline concentration is established. (7) "Allowable emission" means the emission rate calculated using the maximum rated capacity ofthe origin of, orthe equipment emitting an air contaminant based on the most stringent applicable emission limitation and accounting for any enforceable permit conditions which limit operating rate, or hours ofoperation, orboth. (8) "Ambient air increment" means the maximum allowable concentration ofW1 

### aircontaminant above the base line concentration.

(9) "Ambient airquality standard" means alevel ofairquality which will 

### protectpublic health with an adequate margin ofsafety or may be necessary to protect public welfare from anticipated adverse effects. (9m) "'Architectural coating"means acoatingappliedto a stationary structure, including aparking lot, and its appurtenances or to amobile home. (10) "Attainment area" means an area which is not a nonattainment area.

(11) "Base line concentration" means concentration in the atmosphere ofan air contaminant which exists in an area at the time ofthe first application to the U.S. environmental protection agency for aprevention ofsignificant deterioration permitunder 42 USC 7475 or the first application for an air pollution control pennitunder s. 285.60 for amajorsource located in W1 

### attainment
2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39 andJuly25,2011. Statutorychanges effective on orprior

### to 9-1-11 areprintedas ifcu"enUyin effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes on**t~is** Website Official?Electronic rep duction of2009-10Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 20II.



### 285.01

area, whichever occurs fi ·t, less any contribution from stationary
sources identified in 42 SC 7479 (4). (12) "Best available ontrol technology" means an emission limitation for an air con minant based on the maximum degree ofreduction achievable a specified by the deparbnent on an individual case--by-casebasi taking into account energy, economic and environmental impac s and othercosts related to the source. (13) "'Departmenf' cans the department of natural
resources. (15) "Emission" mea sarelease ofair contaminants into the atmosphere. (16)

..Emission limit tion" or "emission standard" means a requirement which limit the quantity, rate or concentration of emissions ofair contamin ts on a continuous basis. An emission limitation or emission s dard includes a requirement relating to the operation or mainte nee of a source to assure continuous emission reduction. (17) "Emission redu ion option" means: (a) Anoffsetting ofgr ter emissions from a stationary source against lower emissions from the same or another stationary
source. (b) A reduction in e issions from a stationary source which is reserved as a credit ag ·nst future emissions from the same or another stationary sourc

. (c) Other arrangem nts for emission reduction, tntde--off, credit oroffset permittedby rule by the department. (17m) "Entire facilit "means all stationary sources that are under the control ofone person or under the control ofpersons who are undercommon c ntrol and that are located on contiguous properties. (18) "Existing sourc "means a stationary source thatis not a new source ora modifie source. (19) ''Federal clean a r act" means the federal clean air act, 42 USC 7401 to767lq.and gulations issued bythe federal environmental protection agenc under that act. (20) "Growth accom odation"means the amount ofvolatile organic compounds spec fied ins. 285.39 (I) (a). (21) "Hazardous su stance" means any substance or combination ofsubstances i luding any waste ofa solid, semisolid, liquid orgaseous fonn ich may cause or significantly contribute to an increase in mo lity or an increase in serious irreversible
or incapacitating reversi le illness orwhich may pose a substantial present orpotential h zard tohuman health orthe environment because ofits quantity, oncentration or physical, chemical or infectious characteristics This term includes, but is not limitedto, substances which are to ·c, corrosive, flammable, irritants, strong sensitizers orexplosives as determined by the department. (23) "Lowest achie able emission rate" means the rate of emission which reflects he more stringent ofthe following: (a) The most stringe t emission limitation which is contained in the airpollution regul tory program ofany state for this class
or category ofsource, less an applicant tOr a pennit demonstrates that these limitati ns are not achievable; or (b) The most stringe t emission limitation which is achieved in practice by the class r category ofsource. (24) "Major source" means a stationary source that is capable of emitting an air con minant in an amount in excess of an amount specifiedby the epartmentbyrule under s. 285.11 (16). 

### (25) "Minor source' means a stationary source that is not a major source.

(26) "Modification" means any physical change in, or change inthemethod ofoperati of, a stationary sourcethatincreases the amount ofemissions ofan air contaminant or that results in the emission ofan air con inant not previously emitted, subject to rules promulgated unde s. 285.11 (17). (27) "Modified sou ·e" means a stationary source on which modification commenc s after November 15, 1992. 

### Updated 09-10Wis. Stats. Database 

### 2
(28) "Municipality" means any city, town, village. county, county utility district, town sanitary db1rict, public inland lake protection and rehabilitation district or metropolitan sewage district

(29) ''New source" means a stationary source on which construction, reconstruction or replacement commences after November 15, 1992. (30) "Nonattainment area" means an area identified by the department in a document prepared .under s. 285.23 (2) wbere the concentration in the atmosphere ofan aircontaminantexceeds an ambient air quality standard.

(33) "Person" means an individual, owner, operator,**corpom~** tion, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency. (34) "Reasonably available control technology" means that control technology which provides the lowest emission rate that
a particular source is capable ofachieving by the application of control technology that is reasonably available consideringtechnological and economic feasibility. (35) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage. (36) "Regulated pollutant" means any of the following, except for carbon monoxide: (a) A volatile organic compound. (b) An oxide ofnitrogen. (c) A pollutant regulated under 42 USC 7411 or 7412. (d) A pollutant forwhich anational primary ambient airquality standard has been promulgated under 42 USC 7409.

(37) "Replenishment implementation period" means the period between August I, 1987, and December 31 ofthe yearby which the department requires full compliance with rules required to be promulgated under s. 285.39 (3). (38) "Secretary" means the secretary ofnatural resources. (39) "Sewage''means thewater-carried wastes created in and tobe conducted away from residences, industrial establishments, and public buildings asdefined in' )01.01 (12). with such surface water or groundwater as may be present. • (40) "Solidwaste" means any garbage, refuse. sludge from a waste treatment plant, water supply treatment plant or airpollution control facility and otherdiscarded orsalvageable materials, including solid. liquid. semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural opemtions, and from community activities, but does not include solids ordissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subjecttopermits underch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), orby-productmaterial, as detined in s. 254.31 (1). (41) "Stationary source" means any facility, building. structure orinstallation that directly orindirectly emits or may emit an air contaminant only from a fixed location. A stationary source includes an air contaminant source that is capable ofbeing transportedto a different location. A stationary source mayconsist of
one or more pieces ofprocess equipment, eachofwhich is capable of emitting an air contaminant. A stationary source does not include a motor vehicle or equipmentwhich is capable ofemitting
an air contaminant while moving.

(42) "Volatile organic compound" means an organic compound which participates in an atmospheric photochemical reaction, as determined bythe department by rule. (43) "Volatile organic compound accommodation area"
means Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha counties and any other county specifiedby the department byrule in response t<ta**find~ng** bythe fedetal envi2009-10 Wis. Stats. d tabase updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 reprintedas IfcurrentlyIn effect Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes n this Website Official?



### --------'-------------------------Electronic reproduction of2009-IO Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

3 Updated 09--10 Wis. Slats.Database

ronmental protection agency that the county is to be included in the volatile organic compound accommodation area.

History: 1971 c. 125, 130, 2ll; 1977c. 377; 1979 c. 34. 221: 19!!7 a. 27, 399; 1989
a. 31; !991 a. 269. 302; 1995 a. 227 ss. 438 to453, 989; Stats. 1995 s. 285.01; 1997 a. 35; 1999 a. 9; 2005 a. 25.

The DNR's interpretation and application ofsub. ( 12) and relaled administn1.tive code pwvisions, as discussed in this case, was entitled to great weight deference. Sierra Club v. DNR, 2010 WI App S9, 327 Wis. 2d 706, 787 N.W.2d 855,**09~0648.**

The social and t.'Conomic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.

Cleaning the Air: Wisconsin's Air Quality Laws. Burke. Wis. law. Aug. !992.

SUBCHAPTER II

GENERAL POWERS AND DUTIES
285.11 Air pollution control; department duties. The department shall: (1) Promulgate rules implementing and consistent with this chapter and s. 299.15. (2) Encourage voluntary cooperation bypersons and affected groups to achieve the purposes ofthis chapter and s. 299.15. 

### (3) Encourage local units ofgovernment to handle air pollution problems within their respective jurisdictions and on 

### a regional basis, and provide technical and consultative assistance for that purpose. (4) Collect and disseminate infOrmation and conduct educational andtraining programs relating to the pmposes ofthis chapter and s. 299.15. (5) Organize a comprehensive and integrated program to enhance the quality, management and protection ofthe state's air resources. (6) Prepare and develop one or more comprehensive plans for the prevention, abatement and control ofairpollution in this state. The department thereafter shall be responsible for the revision and implementation ofthe plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control ofatmospheric ozone shall confonn with the federal clean airact unless, basedon the recommendation ofthe natural resources board or the head ofthe department, as defined in s. 15.01 (8), of any other department, as defined ins. 15.01 (5), thatpromulgates arule orestablishes acontrol strategy, the governor determines that measures beyondthose required by the federal clean..air act meet any ofthe following criteria; (a) The measures are part ofan interstate ozone control strategy implementation agreement under s. 285.15 signed by the governor ofthis state and ofthe state ofIllinois. (b) The measures are necessary in order to comply with the percentage reductions specified in 42 USC 751la (b) (I) (A)or(c) (2) (B).

Crou-reference: See also chs. NR 428 and 43::!, Wis. adm. code. 

### (7) Conduct or direct studies, investigations and research relating to air contamination and air pollution and their causes, effects, prevention, abatement and control and, by means offield studies and sampling, determine the degree ofair contamination and air pollution throughout the state. (8) Consult, upon request, with any person proposing to construct. install, or otherwise acquire an air contaminant source, device or system for the control thereof, concerning the efficacy ofsuch device or system, orthe airpollution problem which may be related to the source, device or system. Nothing in any such consultation shall relieve any person from compliance with this chapter or rules pursuant thereto, or any otherprovision oflaw. (9) Prepare and adopt minimum standards for the emission of mercury compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b). (10) SpecifY the best available control technology on an individual case-by-case basis considering energy, economic and environmental impacts and other costs related to the source. 

### AIR POLLUTION 285.14 (11) Coordinate the reporting requirements under ss. 285.65 and 299.15 in order to minimize duplicative reporting requirements. (12) Prepare an annual report which states the total nitrogen oxide and sulfurdioxide emissions from all stationary sources in this state. This report may be combined with other reports published by the department. (13) If tederal legislation is enacted that establishes sulfur dioxide ornitrogen oxide controls for the purpose ofreducing acid deposition, prepare a report, in consultation with the public 

### service commission. this state's electric utilities, industries and environmental groups, recommending ways to coordinate state law with federal law. The department, after holding a public hearing on the report, shall submit the report to the governor and the chief clerk ofeach house ofthe legislature, tOrdistribution to the appropriate standing committees under s. 13.172 (3), within 6 months after the enactment ofthe federal legislation.

(14) Promulgate by rule the actions or events which constitute the reconstruction ofa major source. (15) Promulgate by rulethe actions orevents which constitute the shutdown ofa facility. 

### (16) Promulgate rules, consistentwith but no more restrictive than the federal clean airact, that specifythe amounts ofemissions that result in a stationary source beingclassified as a major source and thatmay limit the classification ofa major source to specified categories ofstationary sources and to specific air contaminants. (17) Promulgate rules. consistent with the federal clean air act, that modify the meaning ofthe term "modification" as it relates to specified categories ofstationary sources, to spccitic air contaminants and to amounts ofemissions or increases in emissions. (18) Adopt and apply objective performance measurements, for the subunit ofthe department that administers this chapter. relating to the issuance ofpermits under subch. VII and to overall perfonnance ofthe subunit.

History: 1995 a. 227 ss. 455, 989: 1999 a. 9: 2003 a. 118. Cross-reference: See alwNR400-, Wis. adm.**~:ode.** 285.13 Air pollution control; department powers. The department may: (1) Hold hearings relating to any aspect ofthe administration ofthis chapterand s. 299.15 and, in cormection therewith, compel the attendance ofwitnesses and the production ofevidence. (2) Issue orders to effectuate the purposes ofthis chapter and s. 299.15 and enforce the same by all appropriate administrative andjudicial proceedings. 

### (3) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, bycontract or othetwise. (4) Make a continuing study ofthe effects ofthe emission of aircontaminants from motorvehicles on the quality ofthe outdoor atmosphere and make recommendations to appropriate public and private bodies with respect thereto. (5) Advise, consult. contract and cooperate with other agencies ofthe state, local governments, industries, other states, interstate or interlocal agencies, andthe federal government, and with interested persons orgroups. 

### (6) Examine any records relating to emissions which cause or contribute to air contamination. (7) Establish by rule. consistent with the federal clean air act, the amount ofoffsetting emissions reductions required under s. 285.63 (2) (a).

History: !995 a. 227 ss. 456,989. Cross-reference: 5<.-e a!w NR 400-, Wis. adm. code.
285.14 State implementation plans. (1) CoNTENT The department may not submit a control measure or strategy that imposes or may result in regulatory requirements to the federal environmental protection agency for inclusion in a state imp1e2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 areprintedas IfcurrentlyIn effect. ·statutorychanges effective after9-1-11 are designatedbyNOTES. See

### AT-e The Statutes on this Website Official?duction of

### 2009-10 Wis. Stats. database. current through 

### 20II Wis. Act 

### 39 and July 

### 25. 20II.

285.14


### mentation planunder42 SC 7410 unless the departmenthaspromulgated the control mea ure or strategy as a rule. 

### (2) REVIEW BY STANDI GCOMMITTEES. At least 60 days before the department is requir to submit a state implementationplan 

### to the federal environme tal protection agency, the department 

### shall prepare, and provide to

### the standing committees ofthe legislature with jurisdiction ver environmental matters, under s. 

### I3.172 (3) areport that d scribes the proposed plan and contains all ofthe supporting d rnents that the department intends to submit 

### with the plan. Th department shall also submitto the leg

### islative reference bureau orpublication in the administrative registera notice ofavailabili ofthe report If, within 30days after the department provides e report, 

### the chairperson ofa standing committee to which the rt

### was provided submits written 

### comments on the report to the department, the secretary shall respond to the chairperson in writ ng 

### within 15 days ofreceipt ofthe 

### comments. This subsection d es not apply to amodification to a state implementation plan rela "ng to an individual source.

History: 2003 a. l18; 2007 20.

285.15 Interstate ag ment. AfterMay 14, 1992, the gov

### ernor may enterinto an eement with the governor ofthe state ofIllinois, thatmay also · elude 

### the governors ofthe states oflndiana and Michigan, that specifies measures for the control of atmospheric ozone that re necessary in order to implement an interstate ozone control s 

### tegy tobring an area designated under 

### 42 USC 7407 (d) as an o ne nonattainment 

### area into attainment with the ambient air qual' standard for ozone ifthe area includes portions ofthis state and the state ofIllinois.

History: 1995 a. 227 ss. 458 9119. Cro!is-reference: See also s NR 1.50,Wis. adm. code.

285.17 Classificati , reporting and monitoring_ (1) 

### (a) The department, by le, shaH classify aircontaminant sources which may cause or con 

### "bute to 

### air pollution, according to levels and types ofemissions a d

### othercharacteristics which relate to 

### air pollution, and may requi reporting for any such class. Classifications made pursuantto this section maybe for applicationto the state as awhole orto an designated areaofthe state, and shall be 

### made with special refer nee to effects on health, economic and social factors, and physi al effects on property. (b) Any person oper ting or responsible for the operation of air contaminant sources ofany class for which the rules ofthe department require repo ing shall make reports containing such information as the dep ment requires concerning location, size and heights of contami ant outlets, processes employed, fuels used and the nanrre and me periods ofduration ofemiSsions, and such other information is relevantto air

### pollution and available or reasonably capable o being assembled. (2) 

### (a) The departm t may, by

### rule orin an operation pennit, require the owner orope torofan aircontaminant sourceto

### monitorthe emissions ofthe air contaminant source orto monitor the ambient air in the 

### vicin ty ofthe 

### air contaminant source and to report the results ofthe onitoringto the department. The department may specify meth ds 

### for conducting the monitoring and for analyzing the results o the monitoring. The department shall require the owner or torofamajorsotm:e to report

### theresults ofany requiredmonito · g ofemissions from the major source to the department no less ften than every 6 months. (b) Before issuing operation permitthat contains amonitoring requirement relating to the emissions from an aircontaminant source, the department hall notify the applicant ofthe proposed monitoring requirement and give the applicant the opportunityto demonstrate to the adm· istratorofthe division ofthe department that administers this cha ter thatthe proposed monitoring requirement is unreasonable c nsidering, among otherfactors, monitoring requirements impo d on similarair contaminant sources. If the administrator dete ines that the monitoring requirement is unreasonable, the dep ent may not impose the monitoring requirement. Ifthe ad 

### inistrator dctennines that the monitoring Updated 09-10Wis. Stats. Database 

### 4 requirement is reasonable, the applicant may obtain a review of that detennination by the secretary. The secretary may nOt 

### delegate this function to 

### another person. lfthe secretary determines that the 

### monitoring requirement is unreasonable, the department may not impose the monitoring requirement. (3) 

### The department may notpost on the Internet any information that is required to be reported to the department under this chapter and that relates to 

### a facility's air emissions, including the nature and duration ofspecific emissions ofan air contaminant source and any results ofmonitoring the emissions ofacontaminant source or the ambient air in the vicinity ofa contaminant source, unless the department certifies that the information is accurate on the date on which the information is posted.

History: 199! a. 302; 1995 a. 227 s. 478; 1999 a. 9; 2003 a. 118. Cross-referen«: See also NR 4oo-. Wis. adm. (.-ode. 

### 285.19 Inspections. Any duly authorized officer, employee or representative ofthe department may enter and inspect any property, premises or place on or at which an air contaminant source is locatedor is being constructed orinstalled at any reasonable time for the purpose ofascertaining the state ofcompliance with this chapter and s. 299.15 and hlles promulgated or'flennits issued underthis chapteror s. 299.15. No personmay refuse entry or access to any authorized representative ofthe department who requests entry

### forpurposes ofinspection, andwho presents appropriate credentials. No person may obstruct, hamper or interfere with any such inspection. The department, ifrequested, shall furnish to

### the owner or operator ofthe premises areport setting forth all 

### facts found which relate to compliance status.

History: 1971 c. 125 s. 522(2); 1979 c. 34; 1979 c. 221 s. 2202 (39); 1991 a. 302; 1993 a. 491; 1995 a. 227 s. 461; Stats. 1995 s. 285.19.

Cross-reference: See also ch. NR 439, Wis. adm. oode.

SUBCHAPTER Ill

AIR QUALITY STANDARDS, PERFORMANCE STANDARDS; EMISSION LIMITS AND NONATIAINMENT AREAS

285.21 Ambient air quall1y standards and increments. 

### (1) AMBIENT AIR QUALITY STA.J\IDARDS. 

### (a) Similar tofederal standard 

### I fan ambientairquality standardis promulgatedunder section 109 ofthe federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive than the federal standard except as provided under sub. (4). 

### (b) Standard to protect health or welfare. 

### Ifan ambient air quality standard for any air contaminantis not promulgated under section I09 ofthe federal clean air act, the department may promulgate an ambient air quality**st~dard** 

### ifthe department finds that the standardis neededto

### provide adequate protection torpublic health orwelfare. The department may not make this finding for an aircontaminantunless the finding is supportedwith written documentation that includes all ofthe following: 1. Apublic health risk assessment that characterizes the types ofstationary sources in this state that are known to emit the air contaminant and the population groups that are potentially at risk from the emissions. 2. An analysis showing that members ofpopulation groups are**~'Objected** 

### to levels ofthe aircontaminantthat are above recognized 

### environmental health standards or will be subjected to those levels ifthe department fails to promulgate the proposed ambient air quality standard. 3. An evaluation ofoptions for managing the

### risks caused by the air contaminant considering risks, costs, economic impacts, feasibility, energy, 

### safety, andotherrelevant fuctors, and a finding that the proposed ambient air quality standard reduces risks in the most cost-effective manner practicable.

2009-10 Wis. Stats. d tabase updatedandcurrent through 2011 Wis. Act39 andJuly25, 2011. Statutory changes effective on orprior

### to 9-1-11areprintedas ffcurrenlly In etf&ct. Statutory changes effective after9-1-11are designatedbyNOTES. See Are The Statutes n this Website Official?

### Electronic reproduction of2009-10 Wis. Stats. database, currentthrough 2011 Wis. Act 39 and July 25.2011.



### 5 Updated 09-10Wis. Stats. Database



### 4. A comparison ofthe proposed ambient airquality standard with ambient air quality standards in Illinois, Indiana, Michigan, Minnesota, and Ohio. (2) AMBrENT AIR TNCREMENT. 

### The department shall promulgate by rule ambient air increments for various air contaminants in attainment areas. The ambient air increments shall be consistent with

### and not more restrictive, eitherin tenns ofthe concentration or the contaminants to which they apply, than ambient air increments under the federal clean air act except as provided under sub. (4). (3) CAUSE OR EXACERBATION Of AMBIENT AIR QUALITY STANDARD OR INCREMENT. 

### The department shall promulgate rules to 

### define what constitutes the cause or exacerbation ofaviolation of an ambient air quality standard or ambient air increment. (4) 

### IMPACTOF CHANGE IN 

### FEDERAL STANDARDS. Ifthe ambient air increment orthe ambientairquality standards in effect on April 30, 1980, under the federal clean air act 

### are modified, the department shall alter the corresponding state standards unless it finds that the modified standards would not provide adequate protection for public health and welfare. The department may notmake this finding for an ambient air quality standard unless the finding is supported with the '-Vritten documentation required under sub. (I) (b) I. to 4.

History: 1995 a. 227 ss. 473,475,476,989; 1997 a. 35; 2003 a. 118. Cross-referenee: See also ch. NR 404, Wis. adm. code. Thepromulgation ofemission standards**i~** discussed. Wisoonsin Hospital Association v. Nan.tral Resources Board, 156 Wis. 2d688, 457N.W.2d 879 (ClApp. 1990). 285.23 Identification of nonattainmentareas. (1) PRO· 

### CEDURES AND CRITERIA. The department shall promulgate by rule procedures and criteria to identity a nonattainment area and to reclassfty anonattainment area as an attainment area. After February 6, 2004, the department may not identity acounty as part of a nonattainment area under the federal clean air act ifthe concentration ofan air contaminant in the atmosphere in that county does not exceed an ambient air quality standard, unless underthe federal clean air act the county is required to be designated as part ofa nonattainment area. (2) DocuMENTS. The department shall issue documents from time to time which define or list specific nonattainment areas or recommend that areas be designated as nonattainmentareas under the federal clean air act based upon the procedures and criteria promulgated under sub. (1). Notwithstanding ss. 227.01 (13) and 227.10 (I),documents issuedunderthis subsection are notrules. (3) REVIEW. The documents issued under sub. (2) may be reviewed under ss. 227.42 and 227.52. (4) PRfKEDURES. (a) For any document issuedundersub. (2), the department shall hold a public hearing and follow the**proce~** 

### dures in this subsection. (b) Thedepartment shall give notice ofthe public hearing, and shall take any steps it deems necessary to convey effective notice to persons who are likely to have an interestinthe proposed document. The notice shall be given at least 30 days priorto the date set tOrthe hearing. Thenotice shall includea &1atement ofthe time and place at which the hearing is to

### be held and eitheratextofthe proposed document or a description ofhow a copy ofthe document may be obtained from the department at no charge. (c) The department shall hold apublic hearing at the time and place designated in the notice ofhearing. and shall afford all interested persons or their representatives an opportunity to 

### present facts, vjews or arguments relative to the proposal under consideration. The presiding officCr may limit oral presentations ifit appears that the length ofthe hearing otherwise would be unduly increased by reason ofrepetition. The department shall afford each interested person opportunity to present facts, views or

### arguments in writing whether or not he or she has had an opportunity to present them orally. (d) At the beginning ofeach hearing the department shall present a summary ofthe factual intOrmation on which the document is based. The 

### department or its duly authorized representative 

### AIR POLLUTION 285.27



### may administer oaths or affirmations and may continue orpostpone the hearing to such time and place as it detennines. The department shaU keep minutes or a record ofthe hearing in such manner as it detennines to be desirable and feasible. (e) The department shall receive written comments on thedocument for at least 1 0 

### days after the close ofthe hearing. The department may not issue documents under this section earlier than 30 days after the close ofthe hearing. (6) 

### REPORT TO 

### STANDING COMMITTEES. Before the department issues documents under sub. (2) 

### and at least 60 

### days before the governor is required to make a submission on a nonattainment designation under

### 42 USC 

### 7407 (d) (l) 

### (A). the department shall 

### prepare, and provide to the standing committees ofthe legislature withjurisdiction overenvironmental matters under s. 13.172 (3), 

### areportthatcontains adescription ofany areaproposedto be 

### identified as 

### anonattainmentarea and supportingdocumentation. The 

### department shall also submit to the legislative reference bureau tOrpublication in the 

### administrative register anotice ofavailability ofthe report. If. within 30 days after the department submits the report, the chairperson ofa standing committee to which the report was provided submits written comments on the report tothe department, the secretary shall respondto 

### the chaizpcrson in writing within 15 days ofreceipt ofthe comments.

History: [979 c. 221; 1981 c. 314 s. 146; 1985 a. 182s. 57; 1989 a. 56; 1995 a. 227 s. 463; Stat:>. 1995 s. 285.23; 2003 a. 118; 2007 a. 20.

Cross-reference: See alsocb. 

### NR 401, Wis. adm. code. 

### 28525 Air resource allocation. (1) DETERMINAllON. The department, after considering the recommendations submitted under s. 144.355, 1979 stats., shall promulgate by rule procedures and criteria to detennine the allocation of the available air resource in an attainment area. (2) ALLOCATION. The department, after considering the**rec~** 

### ommendations submitted unders. 144.355, 1979 stat'i., shall promulgate by rule air resource allocation standards to allocate the available air resource in attainment areas among sources receiving aconstruction permit or operation permitoran elective operation permit for an existing source after the effective date ofthis rule, otherair contaminant sources and possible future aircontaminant sources. The airresource allocation standards may aJiow for emission reduction options. The application of air resource allocation standards may not result in aviolation ofan ambient air quality standard or an ambient air increment. (3) DocUMENTS. The department shall maintain records indicating how much ofthe available air resource has been allocated in attainment areas. The department shall make these records available forpublic inspection.

History: 1979 c. 221: 1991 a. 302: 1995 a. 227 s. 470; Stars. 1995 s. 285.25. 

### 285.27 Performance and emission standards. (1) STANDARDS OF PERFORMANCE f'OR NEW STATJONARY SOURCES. (a) Similarto federalstandard 

### Ifa standard ofperformance for new stationary sources is promulgated under section Ill ofthe federal clean air act. the department shall promulgate by rule a similaremission standard, including administrative requirements that are consistent with the federal administrative requirements, butthis standard may notbe more restrictive in terms ofemission limitations thanthe federal standard except as providedunder sub. (4).



### (b) Standardtoprotectpublic health orwelfare. 

### Ifa standard ofperformance for any air contaminant for new stationary sources is not promulgated under section 111 ofthe federal clean air act, the department may promulgate an emission standard ofperformance for new stationary sources ifthe department finds the standard is needed to 

### provide adequate protection for public health or welfare. (c) Re<Jtrictivestandard. 

### The department may impose amore restrictive emission standard ofperformance for anew stationary source than the standard promulgated under par. (a) or (b) on a case-by-case basis if a more restrictive emission standard is needed to meet the applicable lowest achievable emission rate
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutory changes effective on orpriorto 9-1-11 areprintedas ifcurrentlyin effect. Statutorychanges effectiVe after9-1-11 are designatedbyNOTES. See Are The Statutes on this website Official?

### Electronic rep duction of2009-l0Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

285.27 

### AIR PO LUTION

under s. 285.63 (2) (b) r to install the best available control technology under s. 285. 3 (3) (a). (2) EMISSION STANDA S FOR HAZARDOUS AIR CONTAMINANTS. 

### (a) Similar to federal sta dard. If

### an emission standard for ahazardous air contaminant i 

### promulgated under section 112 ofthe federal clean air act, the epartment shall promulgate 

### by rule a 

### similar standard, includi g administrative requirements that are consistent with the fede I administrative requirements, butthis standard may not be mor restrictive in tenus ofemission limitations than the federal s dard except as providedunder sub. (4).

Cross-referenc:e: See also c . NR463, Wis. adm. code. (b) 

### Standardtoprotee public health orwelfaw. If

### an emission standard for ahazardous ircontaminantis not promulgatedunder section 

### 112 ofthe federa clean 

### air act, the department may promulgate an emission st dard for the hazardous air contaminant ifthe department finds t 

### standardis neededto provide adequate protection for public hea orwelfare. The department may not make this finding for a h rdous air contaminantunless the finding is supported with wr tten documentation that includes all of the following: I. 

### Apublic health ri · assessmentthat characterizes the types 

### ofstationary sources in t 

### is state that 

### are known to 

### emit the hazardous aircontaminant a dthe population groups that are potentially at risk from the em ssions. 2. 

### An analysis sho ing that members ofpopulation groups are subjected to 

### levels o the hazardous air contaminant that are above recognized enviro mental health standards or will be subjectedto those levels ifth department fails to promulgatethe proposed emission standard for the hazardous air contaminant. 3. 

### An evaluation of ptions fOr managing the risks causedby the hazardous air conta ·nant considering risks, costs, economic impacts, feasibility, ene •safety, and otherrelevant faGt:ors, and 

### a finding that the chosen compliance alternative reduces risks in the most cost--effective anner practicable. 4. A 

### comparison of eemission standards for hazardous air contaminants in this stat to hazardous air contaminant standards in lllinois, Indiana, Mic igan, Minnesota, and Ohio. (c) Restrictivestandt rd 

### The department may impose amore restrictive emission stan rdfor ahazardous aircontaminantthan the standard promulgate under par. (a)

### or (b) on acase-by-case basis ifamorerestrictive standard is needed

### to meetthe applicable lowest achievable emissi nrate unders. 285.63 (2) (b) orto install the 

### best available contro technology under s. 285.63 (3) (a). (d) Emissions regula edunder federal law. 

### Emissions limitations promulgated under par. (b) and

### related control requirements do not apply to 

### hazardo 

### s air contaminants emittedby emissions units, operations, or acf ities that are regulated by an emission standard promulgated u der section 112 

### ofthe federal clean 

### air act, including ahazardo saircontaminant that is regulated under section 112 ofthe fed 1clean air act by virtue ofregulation of another substance 

### as a

### s rrogate forthe hazardous aircontaminant or by virtue ofregulatio ofa species orcategory ofhazardous air contaminants that inclu es the hazardous air contaminant. (3) LiMITATION ON I. POSITION OF EMISSION STANDARDS. The 

### department may not i 

### pose emission standards on a 

### coalpowered car ferry that as manufactured before 1954 and has operated only on Lake ichigan ifthe coal-powered car 

### ferry does not burn coal wit 

### a higher sulfur content than the coal burned before May 2, I 90. (4) iMPACTOFCHAN EIN FEDERALSTANDARDS. 

### Ifthe standards ofperfonnance for ne stationary sources or the emission**stan~** 

### dards for hazardous air ontaminants under the federal clean air act are relaxed, the dep rtment shall alter the corresponding state standards unless it finds that the relaxed standards would notprovide adequate protecti n for public health and welfare. The department may not m ethis fmding for an emission standard for a hazardous air contami ant unless the finding is supported with the written documentati n requiredundersub. (2) (b) 1, to4. This Updated 09-10

### Wis. Stats. Database 6



### subsection applies to state standards ofperformance for new stationary sources and emission standards forhazardous aircontaminants in effect on April 30, 1980, ifthe relaxation in the corresponding federal standards occurs after April 30, 1980.

Cnns-refenmce: See also s. NR 462.0IS, Wis. adm. code. History: l995 a. 227 s. 474, 989; 2003 a. 118.**Cross-referen~e:** See also NR400-. Wis. adm. code. 'fhepromulgation ofemission standards under s. 144.375 (5) (b) [now s. 285.27 (2) (b)] is discussed. Wisconsin**Ho~-pital** Association. v. Natuml Resources Board, 156 Wis. 2d 688, 457 N.W.2d 879 {Ct. App. 1990). 

### 285.29 Best available retrofit technology. (1) CAsEBY-cASE SPECIFICATION. If

### visibility 

### in an area is identified as 

### an important value ofthe 

### area undersection 169A

### ofthe federal clean air act, the department shall**specify~**

### on a case--by-case bitsis the best available retrofit technology for any existing major source located in 

### the 

### area and identifiedundersection 1 

### 69A ofthe federal clean air act. (2) CONSIDERAllONS. 

### In specifying the best available retrofit technology, the department shall consider: (a) 

### The cost ofcompliance. (b) The existing pollution control technology in use at the
source.

(c) 

### The remaining useful life ofthe source. (d) The degree ofimprovement in visibility which may be anticipated to result from the use ofvarious retrofit technologies.

(e) The energy and nonair quality environmental impacts of compliance.

Hktory: !979c. 221; 1995 a. 227 s. 469: Stats. 1995 s. 285.29.



### SUBCHAPTER IV

} VOLATILE ORGANIC COMPOUNDS AND MOBILE SOURCES: EMISSION LIMITS AND STANDARDS
285.30 Motor vehicle emissions limitations; inspections. (1) DEFINITIONS. 

### As used in this section, unless the context requires othernrise: (a) "Federal act"

### means the federal clean air act, 42 USC 7401 et 

### seq., and regulations issued by the federal environmental protection agency under that 

### act. (b) 

### "Motor vehicle" has the meaning designated under s. >40.01 (35). '

(2) LIMITATIONS. 

### The department shall adopt rules specifying emissions limitations for all motor vehicles not exempted under sub. (5). The 

### limitations may be different for each size, type 

### and year ofvehicle engine affected and may notbe more stringentthan those required by federal law at the time ofthe vehicle's manufacture. 

### The limitations shall be adopted and periodically revised upon consideration ofthe following factors: (a) The emissions reductions necessary to achieve federally mandated ambient air quality standards by any deadline established by the federal act and to maintain those standards after any deadline establishedby the federal act.

(b) The emissions levels attainable by reasonable preventive maintenance practices relating to installed emission control equipment anddevices for each model year, size and type

### ofmotor vehicle affected. (c) The requirements for eligibility for amanufacturer's warranty under section 7541 (b) ofthe federal act. (d) The requirements ofthe federal act. (3) COlJNTIES WHERE INSPECTIONS REQUIRED. 

### Jfthe department finds that air quality within a county will not meet one ormore applicable primary or secondary ambient air quality standards by any deadline established by 

### the tederal act, or that these standards will notbe maintained in the county afterany deadline established by the federal act and that inspection ofemissions from motor vehicles in any part ofthe county is required by federal law to
2009-10 Wis. Stats. d tabase updatedandcurrent through 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior to 9-1-11 reprintedas IfcurrentlyIn effect. Statutorychanges effectJve after9-1-11 are designated byNOTES, 

### SeeAre The Statutes 

### n this Website Official?

### Electronic reproduction of2009-IO Wis. Stats. database, currentthrough 2011 Wis. Al.'1: 39 and July 25, 2011.

7 Updated 09-10 Wis. Slats.Database



### attain ormaintain these standards, the department shall certifY this finding to the department oftransportation. (4) TERMINATION. If the department finds that air quality within a county specified in a certification under sub. (3) has 

### attained all applicable ambient airquality standards and thatthese standards will be maintained in the countyorthatcontrol ofmotor vehicle emissions is no longerrequired by federal law for attainment and maintenance ofthese standards, the department shall notify the department oftransportation that the county is with

### drawn from the certification under sub. (3). (5) ExEMPTIONS. Emissions limitations promulgated under sub. (2) do not 

### apply to the following motor vehicles: (a) A 

### motor vehicle ofa model year of 1995 orearlier. (b) Amotorvehicle ofamodel yearof2006orearlierthat has 

### a gross vehicle weight rating exceeding 8,500 pounds, as determined by the manufacturer ofthe vehicle, and a 

### motor vehicle of amodel year of2007 orlaterthat has agross vehicle weightrating exceeding 14,000 pounds, as detennined by the manufacturer of the vehicle. (c) A motor vehicle exemptfrom registration under s. 341.05, except that a motor vehicle ovmed by the United States is not exemptunless it comes under

### par. (a). (b). (d), (e). (f). (g). (h).

## OJ.

or (k). 

### (d} A 

### motorvehicle ofa model year of2006 orearlierthat is powered by diesel fuel. (e) A 

### new motor vehicle not previously registered in any state. (t) 

### A motor vehicle for which inspection, in thejudgment of the department, is not a cost effective method for attaining and maintafning air quality. (g) A moped as defined ins. 340.01 (29m). 

### (h) A 

### motorcycle as defined in s. 340.01 (32). (i) A fann truck as defined ins. 340.Dl (18) (a). (j) 

### An off-roadutility vehicle as defined ins. 340.01 (38m). (k) A low-speed vehicle, as defined ins. 340.01 (27h). (L) A lightweight utility vehicle as defined ins. 346.94 (21) (a) 2. 

### (6) TAMPERING WITH POLLUTION CONTROL SYSTEM OR MECHANISM. (a) Definitions. 

### As used in this subsection: I. 

### "Air pollution control equipment" means any equipment or feature which constitutes 

### an operational element of the air pollution control system ormechanism ofamotor vehicle. 3. ''Tamper" means to dismantle, to remove withoutreplacing with an identical or comparable tested replacement device orto cause to be inoperative any air pollution control equipment. (b) Prohibition. 

### Except as pennitted or authorized by rule of the department, no person may fail to 

### maintain in 

### good working order ormay tamper with air pollution control equipment. (c) Ineligibilityformotorvehicle registration. 

### Except as permitted orauthorized by rule ofthe department, ifany person tampers with the air pollution control equipment ofamotor vehicle, that vehicle is ineligible for motorvehicle registrationuntil the air pollution control equipment is replaced, repaired or restored to good working order. (d) Suspension orcancellation of motor vehicle registration. 

### Except as

### pennitted orauthorized by rule ofthe department, ifthe owner ofa motor vehicle tampers with or causes or knowingly penni!:! any person to

### tampeF with 

### the airpollution control equipment, the motor vehicle registration for that vehicle may be suspended orcanceled in addition to any other penalty provided by Jaw. (e) Rulemaking. 

### The department shall promulgate rules that specify the requirements for the inspection ofmotor vehicles for the occurrence oftampering with airpollution control equipment.

History: 197! c. !64s. 81: 1977 c. 29 s. 1654(7) (b); 1979c. 34s. 2102 (39) (g): 1979 c. 274: 1981 c. 390: 1983 a. 243; 1987a. 27: 1991 a. 39; 1993 a. 288: 1995 a. 137: 1995 a. 227 s. 507; Stats. \995 s. 28530; 1997 a. 27; 2003 a. 192; 2007 a. 20, 33;2009a.157,31J.

Cross-rderence: See alsoch.

### NR 485.

### Wis. adm. code. 

### AIR POLLUTION 285.33
285.31 Gasolinevapor recovery. (1) DEFINITtONS. Inthis 

### section: (a} 'XJasoline dispensing facility" means aplace where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks. (b)

..Retail station" means agasoline dispensing facility where gasoline is sold at retail. (c) "Vaporcontrol system'' means a system that gathers vapors oforganic compounds. including gasoline and benzene, released during the operation oftransfer, storage orprocessing equipment and processes the vapors to preventtheir emission into the**atmo~** 

### sphere. (3) RuLES. (a) The department shall promulgate rules, based 

### on requirements under 42 USC 75lla, that require the owner or operator ofa retail station that is located in an ozone nonattainment area withaclassification under42 USC 

### 7511 (a) ofmoderate or worse to install and operate a vapor control system that is approved by the department on the equipmentthat is used to dispense gasoline to amotor vehicle gasoline tank 

### or otherfuel tank. (b) 

### The department shall establish vapor recovery efficiency standards fOr vapor control systems approved underpar. (a). The department shall use nationally recognized methods to detennine the vaporrecovery efficiency ofvapor control systems. (4) 

### IMPLEMENTATIONOFREQUIREMENTS. (a) The rules promulgated under sub. (3) shall have an effective date ofNovember 15, 1992. Therules shall epplythe requirements under sub. (3) begin

### ning on November 15, 1993, except that the requirements under sub. (3} shall apply beginning on May 15, 1993, to retail stations the construction ofwhich begins after November 15, 1990.

(b) The department may not require the owner or operator of a retail station that is located in this state to 

### install or operate a vapor control system for gasoline dispensing equipment before November 15, 1993,

### or, ifconstruction ofthe retail station begins after November 15.1990. before May 15.1993.

llistory: 1991 a. 39: 1993 a. !6: 1995 a. 27. 144; 1995 a. 227 s. 504; Stats. 1995 s. 285.31; 1997 a, 27. 

### 285.33 Employee trip reduction program. (1) AREAS. 

### (a) The department shall issue documents that describe the areas of the state in which employee trip reduction programs arc required by42 USC 75lla (d) (I) (8). 

### (b) The department may, by rule, detennine areas ofthe state, otherthan areas described under par. (a), in which the department will require employee trip reduction programs. The department may not require an employee trip reduction program in an area unless that requirement is authorized under s. 285.11 (6). (c) Notwithstanding ss. 227.01 (13) and 227.10 (I), a docu

### ment issued under par. 

### (a) is not arule. A 

### document issuedunder par. (a} may be reviewed under ss. 227.42 and 227.52. {2) REQUIREMENTS. (a) The department shall promulgate by 

### rule requirements for employers who are located in 

### areas described under sub. (1) 

### (a) or (b) 

### to implement programs to 

### reduce work-related trips and miles traveled by employees. The department shall develop the rules in accordance with 42 USC 

### 75l1a (d) (I) (B) 

### and the guidance issued by the administrator of the federal environmental protection agency under42 USC 

### 7408 (f).

### (b) The rules 

### underpar. (a) shall establish reasonable limits on the direct and indirect expenses that an employermay be required to incurto comply with the rules. The rules shall specify a limit for each ofthe following: I. 

### The maximum annual expenses for each worksite subject to the rules. 2. The maximum annual expenses for each employee subject to the rules at aworksite. (3) 

### COMPLIANCE PLANS. (a) Except as providedundersub. (4} or(5), ifan employeris located 

### in an area that 

### is described before November 15. 1993. by the department under sub. (I) (a) or (b) 

### and is subject to the rules promulgated under sub. (2), the
2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 areprintedas IfcurrentlyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?Electronic rep duction of2009----"lO Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

285.33 employer shall submit to the department, no later than**Novem~** ber 15. 1994, a planthat monstrates thatthe employerwill comply with the rules no !at than November 15, 1996. (b) Thedepartment m y notrequire as a condition**ofapprov~** ing a compliance plan t t an employer incur annual expenses greater than the limits est blished under sub. (2) (b). (c) Notwithstanding y other provision of this section, 

### an employerisconsideredto meettherequirements ofthis section if the employer's complian e plan is approved by the department and the employermakes asonable effortsto implementthe compliance plan. (4) ALTERNATIVE CON ROL PLAN. (a) Instead ofsubmitting a compliance plan under

. (3) (a), ao eroployermay submit to the department a plan for an lternate control program that provides for any ofthe following: 1. Air qualitybenefi similarto a compliance planundersub. (3) (a), asdeterminedby the department. 2. A reduction ofe issions ofvolatile organic compounds, achieved after August 31 1995, in the areas described under sub. (1) (a) or (b) that is at lea 1.3 times the reduction ofthe emissions of volatile organic com unds that would be achieved under a compliance plan under s b. (3) (a). 3. A reduction ofe issions ofvolatile organic compounds, achieved after August 31 1995, in the areas described under sub. (I) (a) or (b) that is eq I to or greater than the reduction ofthe emissions ofvolatile org ic compoundsthat wouldbe achieved under a compliance plan dersub. (3) (a). ifthe emissions**reduc~** tion is included in anop tion pennitunder s. 285.60 oranother document that is enforce ble by the federal government. (b) Notwithstanding any other provision ofthis section, an employerwith an altern e control plan underpar. (a) 1. or2. that is approvedby the dep entisconsideredto meettherequirements ofthis section ift e employermakes reasonable efforts to implement the alternate ontrol plan. (5) SUSPENSION. (a) If the secretary detennines that the requirement for an emp oyee trip reduction program under 42 USC 751Ia (d) (I) (B) i suspended or terminated, the secretary may suspendthe progr under this section. (b) Ifthe U.S. congre sbaspassedandthe presidentbassigned legislation that eliminat s or suspends the requirement for an employee trip reduction rogram under42USC 75lla(d) (I) (B), the governor may susp d theprogramunder this section.

History: 1991a. 302; 1995

. 52; 1995 a. 227 s. 464; Stats. 1995 s. 285.33. Cross-l'l!ference: See also h. NR 486. Wis. adm. code.

285.35 Clean fuel fl t program. (1) DEFINITIONS. Inthis section: (a) ""Clean altemativ fuel" has the meaning givenin 42 USC 7581 (2). (b)**"'Clean~fuel** ve 'cle" has the meaning given in 42 USC 7581 (7). the meaning given in42 USC 7581 (5). department shall issue documents that describe the areas ofth state in which**clean~fuel** vehicle programs are required und r 42 USC 7511a (c) (4) (A). (b) The department ay, byrule, determine areas ofthe state, otherthan areas descri d underpar. (a), in which the department will require clean-fuel chicle programs. The department may not require a clean-fue vehicle program in an area unless that requirement is authoriz d under s. 285.11 (6). (c) Notwithstanding s. 227.01 (13) and227.10 (I)a document issued underpar. (a) is ot a rule. A document issuedunderpar. (a) may be reviewed u er ss. 227.42 and 227.52. (3) REQUIREMENTS. Thedepartment shall promulgatebyrule requirements tOr the us ofclean-fuel vehicles andclean**alterna~** tive fuels by operators fcovered fleets in areas identifiedunder sub. (2) (a) or (b). T e rules shall be in accordance with the Updated 09-10Wis. Stats. Database 

### 8
requirements applicable to coveredfleets under42 USC 7586and regulations promulgatedunder that provision.

History: !991 a. 302; 1995 a. 227 s. 465; StaK 1995 s. 2!!5.35.**Cross-l'l!feren~:** See also ch. NR 487, Wis. adm. code.

285.37 Reformulated gasoline. (1) DEFINITJONs.•In this section, "'reformulated gasoline" means gasoline formulated to reduce emissionsofvolatile organic compounds andtoxic air pollutants asprovided in 42 USC 7545 (k) (I)to (3).

(2) AREAS. (a) The department shall issue documents that describe the 

### areas ofthe state in which

### the use ofreformulatedgasoline is required under42 USC 7545 (k) (5).

(b) The department shall issue documents that describe areas ofthe state, other than areas described under par. (a) or (c), in which the use ofreformulated gasoline is required, ifthe governor designates the areas in an application under42 USC 7545 (k) (6) that is approvedby the administratorofthe federal environmental protection agency.

(c) Thedepartment may. byrule, determine areas ofthe state, other than areas described under par. (a) or (b), in which the department will require the use of reformulated gasoline. The department may not require the use ofreformulated gasoline in an area unless that requirement is authorizedunder s. 285.11 (6).

(d) Notwithstanding ss. 227.oi (13) aod 227.10 (I). a document issuedunderpar. (a) or (b) isnot a rule. A document issued under par. (a} may be reviewed under ss. 227.42 and 227.52. (3) PROHIBITIONS. (a) Except as provided in par. (b),**begin~** ning on January 1, 1995, no person may sell gasoline in an area described under sub. (2) (a), (b) or (c) unless the gasoline satisfies the minimum specifications for reformulated gasoline under s. 168.o4.

(b) 

### The secretary, with the approval ofthe administrator ofthe federal environmental protection agency, may grant temporary waivers from the prohibition underpar. (a) iffuel that satisfiesthe minimum specifications for reformulated gasoline is unaW!ilable.

History: 199! a. 302; 1995 a. 227 s. 466,467; Stats. 1995 s. 285.37.
285.39 Volatile organic compounds growth accommo

### dation and replenishment. (1) GROWTH ACCOMMODATION CALCULATION. (a) The growth accommodation for any specified year, ascalculated by the department, is the predicted emissions specified in par. (b) minus the sum of: I. Net actual emissions specified in par. (c); 2. Netcertified accommodation credits specified in par. (d); 3. Netoffsetcredits specified in par. (e); and 4. Set asides specified in par. (f). (b) Predicted emissions are the total predicted annual emissions ofvolatile organic compounds in the volatile organic compound accommodation area necessaryto attain and maintain the ambient air quality standard for ozone forthe year2 years before the specified year, as set forth in the plan approved by the U.S. environmental protection agency under 42 USC 7502 (a). (c) Net actual emissions are the total actual annual emissions ofall volatile organic compounds in the volatile organic**com~** pound accommodation areafor the year2 yearsbefore the**speci~** fied year as reported under sub. (2) (a) minus: l. The sum ofthe annual emissions ofvolatile organic**com~** pounds attributable to shutdowns of facilities in the volatile organic accommodation areaduringthe previous year; and 2. lfa rule hasbeen promulgatedunder sub. (3), the sum of the annual emissions reductions ofvolatile organic compounds attributable to the sources subject to the rule promulgated under sub. (3) during the previous year. (d) Net certified accommodation credits are the sum of'aU**vol~** atile organic compound growth accommodation credits certified to date under s. 285.63 (7) or (8) minus the sum of the actual annual emissions ofvolatile organic compounds for the year 2 years before the specifiedyear attributable tothe sources receiv2009-10Wis. Stats. cl tabase updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutorychanges effective
on orpriorto 9-1-11 areprintedas ifcurrenUyIn effect. Statutorychanges etfecUve after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?Electronic reproduction of2009-IO Wis, Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

9 Updated 09-10 Wis. Stats. Database ing volatile organic compound growth accommodation credits certified to date under s. 285.63 (7) or (8). (e) Net offset credits are the sum ofall allowable emissions of volatile organic compounds authorized to date attributable to 

### sources subjectto an annual volatile organic compounds emission limitation that is specified in an air pollution control permit to operate under an emission reduction option or specified as an emission credit under aplan approved bythe U.S. environmental protection agency under42 USC 7502 (a) orin reports submitted 

### to the U.S. environmental protection agency underthe plan minus the sum ofthe actual annual emissions ofvolatile organic compounds tOr the year 2 years before the specified year attributable to sources subjectto an annual volatile organic compoundsemission limitation that is specified in 

### an air pollution control pennit to operate under an emission reduction option or specified as an emissiOn credit underaplanilpproved

### by 

### the U.S. environmental protection agency under

### 42 USC 

### 7502 (a) orin reports submitted to the U.S. environmental protection agency under the plan. (f) 

### Set asides are: 

### I. Fifteen percent ofthe annual emissions ofvolatile organic compounds attributable to shutdowns oftRcilities in the volatile organic compound accommodation area since January 1, 1987; and2. Ifa rule has been promulgated under sub. (3), 15% ofthe sum ofthe annual emissions reductions ofvolatile organic compounds attributable, since January 1, 1987, to the sources subject to the rule promulgated under sub. (3). (2) ANNUALREPORTS. The department shall prepare an annual report by January 15, which may be combined with otherreports published by the**departmen~** that: (a) States, on a calendaryearbasis, the total annual emissions, forthe year2 yearsbefore the year in which the report is prepared, ofall volatile organic compounds in the volatile organic com- pound accommodation area. except methylene chloride and methyl chloroform and other volatile organic compounds that the department determines by rule to be compounds that do not contribute to the fonnation ofozone in the troposphere. (b) Includes an annual plan for the management ofthe volatile organic compounds growth accommodation and replenishment and the growth accommodation replenishment grant program. At 

### aminimum, the plan shall: 

### 1. Indicate the amount ofthe growth accommodation at the beginning ofthe year. 2. ofndicate the likely amount ofthe growth accommodation at the end ofthe year. 3. Report the status ofthe development and implementation ofplans orrules under subs. (3) to (5). 4. Report if, during the prior year, the replenishment implementation period has expired. (3) GROWTH ACCOMMODATION REPLENISHMENT. The department shall: (a) Promulgate rules under s. 285.30 (6) (e), relating to the inspection of vehicles for tampering with air pollution control equipment. (b) Promulgate rules restricting the amount ofvolatile organic compounds that may be contained in architectural coatings sold at retail in the volatile organic compound accommodation area or for use by a service provider in the volatile organic compound accommodation area. The department may exempt from a rule under this paragraph one or more categories ofarchitectural coatings, based upon the type ofcoating or the use to which a coating is put. ifit would be technically impractical to prohibit acategory ofarchitectural coating. The proposedrules shall include aprovision to allow for the limited sale anduse ofthe supplies ofprohibited architectural coatings that retailers and suppliers in the volatile organic compound area already have in stock at the time of promulgation ofthe rules. 

### AIR POLLUTION 285A1 (c) Promulgate rules requiring persons who refinish auto bodies in the volatile organic compound accommodation area to use compounds. as solvents to clean painting and related equipment, that do not react to fonn ozone in the troposphere. The proposed rules shall allow the use ofcleaning solvents containing volatile organic compounds that were purchased before the effective date ofthe proposed rules. (4) REPORTON NEWREPLENISHMENT MECHANISMS. After expiration ofthe replenishment implementation period, ifthe department reports under sub. (2) (b) I.or determines at any othertime that the growth accommodation is less than 

### 3,500tons, the department shall, with the advice ofthe department ofsafety andprofessional services, submit a reportto the chiefclerk ofeach house of the legislature for distribution to the appropriate standing committees ofthe legislature under s. 13.172 (3) on how to most effectively and equitably replenish the growth accommodation. The report shall review existing studies and data to evaluate the accu- racy ofthis state's state implementation plan with respect to the effect ofemissions from inside and outside the volatile organic compound accommodation area on the ambient airquality within the area. 

### (5) CONTINGENTRESTRICTIONS ON EXISTING SOURCES. ffat any time the department finds that the growth accommodation is less than 2.500 tons and detennines that it is unlikely that the growth accommodation will exceed2,500 tons in the 

### report undersub. (2) (b) 1. for the following year because ofthe inadequacy ofreplenishment activities at the time orbecause offacility shutdowns, the department shall implementthe rules that specifY emission limitations for emissions ofvolatile organic compounds ITom stationary sources located in the volatile organic compound accommodation area that were required to report their emissions under s. 299.15 during calendar year 1987. The emission limitations shall be designed to ensure that the growth accommodation in the subsequent year is not less than 2,500 tons. The emission limitations may not be more restrictive than the lowest achievable emission rate. The department shall implementthe emission limitations by source category. For the purpose ofthis section, the department shall determine a source category according to the type and level ofemissions. The department may also use other characteristics which relate to air pollution to determine source categories. The department shall implement the emission limitations based upon ease ofimplementation, cost-effectiveness andthe relative equity ofimposing a limitation upon a source category, given any prior limitations ofemissions imposed upon that source category. To the extent feasible, the emission limitations shall provide affected 

### sources the opportunity to choose to be subjectto either an annual emission limitation or a more restrictive applicable reasonably available control technology rule than was in effect in 1987.

History:**19~7** a. 27, 399; 1991 a. 302: 1995 a. 27 s. 9116 (5); 1995 a. 227 s. 500; Snns. 1995 s. 285.39; 2011 a. 32.

C'ross-referenct": See also chs. NR 485 and 488, Wis. adm. code.

SUBCHAPTER V

SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES AND GOALS


### 285.41 Sulfurdioxide emission rates after 1992; major Utilities. (1) DEFINITIONS. In this section:

(a) "Annual emissions" means the number ofpounds ofsulfur dioxide emissions from all boilers under the ownership orcontrol ofa major utility in a given year. (b) "Annual heat input"means the heat input, measured inmillions ofBritish thennal units. from all boilers underthe ownership orcontrol ofa majorutility in a given year. (c) •'Boiler" means a fossil fuel-fired boiler. (d) "Commission" means the public service commission. (e) "Environmental dispatching" means the operation ofthe various units under the ownership orcontrol ofa major utility in
2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39andJuly25, 2011. Statutolychanges effective on orprior to 9-1-11 areprintedas ifcurrentlyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes on this Website Official?

### Electronic reproduction of2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

285.41 

### AIR POLLUTION

amanner that

### minimizes the discharge ofsulfurdioxide emissions rather than minimizing the cost ofoperation. (f) 

### "Majorutility" means aClass Autility, as defined under s. 199.03 (4), which generates electricity or an electrical cooperative a_<;sociation organized under ch. 185, ifthe total sulfur dioxide emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association 

### exceeded 5,000 tons in any year after 1979. (g) 

### "Traded emissions" means the p.JUnds ofsulfur dioxide emissions in a given yearthat a majorutility which is the grantor 

### in an agreement under sub. (2) (b) 1. makes available to the major utility which is the grantee in the agreement (2) CORPORATE EMISSION RATE; TRADING. (a) Except as provided under sub. (4), beginning with 1993., the average number of pounds of sulfur dioxide emissions per million British thennal units ofheat input from all boilers underthe ownership orcontrol ofa major utility for any year may not exceed 1.20. (b) 1. Two majorutilities may enter into an agreement for trading emissions unless the**~"'Urn** ofthe proposed traded emissions and the projectedannual emissions ofthe grantor major utility for the year to which the agreement will apply would exceed the actual annual emissions ofthe grantor major utility in 1985. 

### 2. To determine whether the major utility that is the grantor in an agreement under subd. I. is incompliance with par. (a) in a given year, the department shall add the traded emissions andthe grantor's annual emissions and divide the sumby the annual heat input ofthe grantor. 3. To determine whether the majorutility 

### that is the grantee in an agreement under subd. 1. is in compliance with par. (a)in a given year, the department shall subtract the traded emissions from the grantee's annual emissions and divide the difference by the annual heat input of

### the grantee. (3) ANNUAL COMPLIANCE PLAN REQUIRED. (a) 

### Submission; contents. On or before October 1ofeach year beginning with 1992, each major utility shall submit to the department and the commission a plan for achieving compliance with the emission rate under sub. (2) (a). The plan shall include, at a minimum: I. The major utility's expected electricity demand. 2. The major utility's annual operation plan. 3. The expected operation characteristics of each boiler, inclUding:

a. The orderto be used in placingthe boilers into operational production. b. Theplanned maintenance schedule for each boilerand 

### how the maintenance is expected to affect the methods ofmeeting electricity demands. 4. The amount and sulfur content ofcoal, otherfossil fuel or other materials to be used for each boiler in operational production. The sulfur content shall be expressed in pounds ofsulfur dioxide permillion British thermal units ofheat input. 5. The anticipated sulfurdioxide emissions from each boiler. 6. Contingency plans tOr unexpected events or increased demand including a summary ofgeneration costs and the anticipated additional costs 

### tOr reducing sulfurdioxide emissions under those circumstances. 7. The methods that will be used to achieve compliance with sub. (2) (a) in the tOllowing year including, ifapplicable, the provisions ofany trading agreement under sub. (2) (b) 1. 8. The total anticipated annual sulfur dioxide emissions from all boilers under the ownership orcontrol ofthe major utility for each ofthe next 3years. (b) Review. The department shall review the adequacyofeach complianceplan and, after consulting withthe commission, shall approve ordisapprove the plan within 90 days after its re_ceipt. {4) VARIANCE. (a) Request; variance 

### conditions. A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the requestto the commission andthe depart

### Updated 09-10Wis. Slats. Database 10

ment No request for a variance may be submitted ifthe department has served the major utility with written notice under s. 

### 285.83 thatthe majorutility has violated sub. (2) (a). Upon receipt ofa request, the commission shall, within 45 days, determine if any ofthe following variance conditions exists and shall report its determination to the department: 1. Amajorelectrica1 supply emergency within oroutside this state. 2. Amajor fuel supply disruption. 3. An extended and unplanned disruption in the operation of 

### anuclearplantorlow**~'lllfur** coal-firedboilerunderthe ownership or control ofthe major utility. 4. The occurrence ofan uncontrollable event not anticipated in the plan submitted under sub. (3). 5. Aplanby the majorutility to install and place into operation new technological devices that will enable it to achieve com

### pliance with sub. (2) (a). (b) 

### Complianceplan required. With the request for avariance, the major utility shall submit its plan for achieving compliance with the emission rate. Ifthe request is basedon avariance condition specified under par. (a) 1. to 4., the request shall include an explanation ofwhy the major utility cannot achieve orremain in compliance by using fuel with a lower sulfur content orby environmental dispatching. (c) 

### Grantqf 

### variance. The department shall grant arequest for 

### avariance ifthe commission detennines that avariance condition exists andthe department determine"::-; that the majorutilitfs compliance plan is adequate. (d) Denial of variance. The department shall deny a request for avariance ifthe commissiondetermines that no variance condition existsor ifthe department detennines thatthemajorutility's compliance plan is not adequate.



### (e) 

### Tune limitji>rresponse. Thedepartment shall grantordeny a request for a variance within 90 days after its receipt ofthe request. (5) No IMPACT ON OTHER PROVISIONS. Nothing in this section exempts amajorutility 

### from any provision ofss. 285.01 to 285.39 or 285.51 to 285.87. Compliancewith this section is not a defense to a violation ofany ofthose provisions. (6) DETERMINATION OF COMPLIANCE. The department shall determine compliance with suh (2) (a) using data submitted by the majorutilities. Each major utility shall providethe department with any infonnation needed to detennine compliance.

(7) PENALTY. Notwithstanding s. 285.87. any major utility that exceeds the annual emission rate under sub. (2) (a) in violation of this section shall forfeit not less than $100,000 nor more than $500,000 for eachyear ofviolation.

History: 1985 a. 296; 1995 a. 227 s. 481;**Stat~.** !995 s. 285.41.


### 285.43 Sulfur dioxide emission rates; state-owned facilities. (1) LIMIT. After June 30, 1988, the average number ofpounds ofsulfur dioxide emissions per million British thennal units ofheat input during any year from any large source, as defined under s. 285.45 (1) (a), that is owned by this state may not exceed 1.50.

(2) CoMPLIANCE. The department shall detennine compliance with sub. (I)using data submitted by state agencies. Each state agency shall provide thedepartment with any infonnation needed to determine compliance. (3) NONCOMPLIANCE; REPORT REQUIRED. Noncompliance report required. lf the department detennines that any large source ownedby this state is not in compliance with sub. (I),the department shall submitto the governor and to the chiefclerk of each house ofthe legislature, for distribution to the appropriate standing committeesunder s. 13.172 (2), areport ofthe noncompliance and recommendations for bringing the large source into compliance.

Hi!Jtory: 1985 a. 296; \995 a. 227 s. 482;**Stat~.** \995 s. 2R5.43. 2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39 andJuly25,2011. Statutory changes effective onorprior to 9-1-11 areprintedas ifcurrentlyin effect. Statutorychanges effective after 9-1-11 are designatedbyNOTES. SeeAre The Statutes on this Website Official?Electronic reproduction of2009-10 Wis. Stats. database. current through 2011 Wis. Act 39 andJuly 25.2011.

II Updated 09-10 Wis. Stats. Database

285.45 Sulfur dioxide emission goals after 1992; major 

### utilities and other large air contaminant sources. (1) DEFINITIONS. Inthis section: 

### (a) "Large source" means a stationary source in this state, other than a fossil fuel-fired boiler underthe ownership orcontrol ofa 

### major utility, that had sulfur dioxide emissions averaging at least 1,000 tons annually in the most recent 5-yearperiod,

### that became operational before May 2, 1986, andthat is not aboiler subjectto the standard ofperfOrmance for new stationary sources for sulfur dioxide emissions established under s. 285.27 (1). (b) ;'Major utility" has thy meaning given under s. 285.41 (I) (f).(2) GoALs. Itisthe goal ofthisstatethat,beginning with 1993, 

### total annual sulfurdioxide emissions do not exceed the following: (a) From all majorutilities and large sources, 325,000 tons. (b) Fromall fossil fuel-fired boilers underthe ownership and control ofthe major utilities, 250,000 tons. (c) From all large sources, 75,000 tons. (3) EXCESS EMISSIONS; DEPARTMENT REPORT REQUIRED. (a) If the department detennines, based on its annual report under s. 285.1 I (12),that the total annual sulfurdioxide emissions from all 

### majorutilities and large sources exceeded 325,000 tons in the previous year, or ifthe department projects, based on the amounts 

### anticipated by the major utilities under s. 285.41 (3) (a) 8. and the department's estimates ofemissions from large sources, that the total sulfur dioxide emissions in this state 

### will exceed 325,000 tons in any ofthe 3 succeeding years. the department shall determine ifthe actual or projected excess emissions are or will be attributable to the majorutilities, the large sources orboth. (b) I. Ifthe department detennines that the excess emissions
are or will be attributable to the major utilities, the department shall, after consulting with the commission,prepare a 

### report containing a recommendation as to whetherthe goal specified under sub. (2) (b) should be replacedwith an enforceable limit. Ifso, the report shall include the department'sreconunendation for a costeffective mechanism for ensuring compliance with the limit, including any nee-essruy changes ins. 285.41. The department shall hold a public hearing on the report. 2. The department shall submitthe report required tmder this paragrllflh to the chiefclerk ofeach house ofthe legislature, for distribution to the appropriate standing committees uJKier s. 13.172 (3).

(c) I. Ifthe department detenninesthat the excess emissions
are or will be attributable to the large sources, the department shall, afterconsulting with the conunission,prepare a report containing a recommendation as to whetherthe goal specified under sub. (2) (c) should bereplaced with an enfOrceable limit. Ifso, the report shall include the department's recommendation for a costeffective mechanismfor ensuring compliance with the limit. The department shall hold a public hearing onthe report. 2. Thedepartment shall submitthe reportrequired under this paragraph to the chiefclerk ofeach house ofthe legislature, for distribution to the appropriate standing committees ui'Kler s. 13.172 (3).

(d) Ifthe department detem1ines thatthe excess emissions are or will be attributable to both the major utilities and the large sources, the department shall complywith both pars. (b) and (c). The reports and public hearings required under those paragraphs may be combined.

Histor): 19S5 a. 296; 1987 a. 186: 1995 a. 227**~. 483~**  Star>. 1995**~.** 288.45. 

### 285.47 Nitrogen oxide emission goal; major utilities. (1) DEFINITION. Inthis section, "major utility" has the meaning given ins. 285.41 (I) (f). (2) GoAL. It is the goal ofthis state that, beginning with 1991, the total annual nitrogen oxide emissions from all majorutilities do not exceed 135,000 tons.

History: 1985 a. 296: 1987 a. 186; I995 a. 27: !995 a. 227 s. 484; Stats. 1995 s. 285.47. 

### AIR POLLUTION 285.48

285.48 Nitrogen oxide emissions reductions. (1) DEFINITIONS. In this section: (a) "Call" means a call to implement a state implementation plan that is issued by the federal environmentalprotection agency before October 29, 1999, or after that date arising out of

### a call issued before that date, including a call issued afterthatdate pursuant to a federal court orderorotherwise. (b) "Electric cooperative'' has the meaning given ins. 76.48 (!g) IC). (c) "Midcontinent

### area" has the meaninggiven ins. 16.958 (1) (e). (em) "Nonutility stationary ormobile source" means a stationary or mobile source that is not an electric generating facility owned bya public utility or electric cooperative. (d) "Northwestern county"means Ashland, Barron. Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix. Taylor, Trempealeau, Vernon or Washbunt county. (e) "Othercounty" means a countythat is not a northwestern county. (f) "Public utility"' has the meaning given ins. 196.01 (5). (g) "State implementation plan"means a state implementation plan tOr control ofatmospheric ozone in another state. (h) "Summer" means the periodbeginning on May I and ending on September 30 ofeachyear. (2) APPLICABILITY. This section applies ifthe department of natural resources, pursuant to a call, issues a state implementation planthat requires electric generating facilities in the midcontinent
area ofthis state to complywith nitrogen oxide emission reduction requirements. Ifthe department ofnatural resources issues such
a plan, the department ofnatural resources shall notifY the department ofadministration andthe public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area ofthis state are required to complywith the initial nitrogen oxide emission reduction requirements. (3) NITROGEN OXIDE EMISSIONS STANDARDS AND LIMITATIONS. (a) In establishing nitrogen oxide emission reduction requirements for the control ofatmospheric ozone in another state pursuant to a call, thedepartment maynot, in a state implementation plan, by rule orthrough the adoption ofcontrol strategies, establish nitrogen oxideemissions standards or limitations that do any ofthe following: I. Require less than 2.234 tons, orthe greaternumber oftons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned byelectric cooperatives. 2. Require less than 315 tons, orthe greater number oftons detennined under par. (d) L, in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern countiesthat are owned bypublic utilities. 3. Require less than 15,157tons, orthe greaternumber oftons determined under par. (d) 1., in total nitrogen oxide emissions each summerfrom all electric generating facilities located in other counties ownedby public utilities orelectric cooperatives.

(b) Thedepartment shall issue emissions allowances in a number that is sufticient to allowthe emissions specifiedin par. (a). (c) In establishing nitrogen oxide emission reduction requirement') tOr the control ofatmospheric ozone in another state pursuant to a call, the department may not, with respect to any nonutility stationary or mobile source in this state, in a state implementation plan, by rule or through the adoption ofcontrol strategies, establish nitrogen oxide emissions standards orlimitations that do any ofthe following: 1. Require anyreductions in nitrogen oxide emissions for any boiler, turbine or internal combustion engine the designed heat input ofwhich is 250 million Britishthennalunits perhourorless.
2009-'10 Wis. Slats. database updatedandcurrent through 20t1 Wis. Act39 andJuly25, 2011. Statutorychanges effective
on orprior

### to 9-1-11 areprintedas Ifcu"entlyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes on this Website Official?

### Electronic reproduction of200'}-IO Wis. Slats. database. current through 2011 Wis. Act 39 and July 25, 20II.

285.48 

### AIR POLLUTION

2. Require reductions ofnitrogen oxide emissions that are in 

### addition to those reductions requiredby 

### orprojectedfornonutility stationary or mobile sources based on source-specific nitrogen 

### oxide inventory data 

### or other subinventory information used 

### by the federal environmental protection agency to establish state 

### nitrogen oxide emission budgets concerning interstate pollution transport. 3. Require any additional reductions ofnitrogen oxide**emis~** 

### sions from nonutility stationary ormobile sources in this state due to this section, including the reduction requirements under 

### par. (a). 

### (d) Ifthe department ofnatural resources implements a state implementation plan specifiedin sub. (2) in amannerthat requires reductions in nitrogen 

### oxide emissions that are 

### lower than the reductions setfOrth in the

### call published on October 27, 1998, the department ofnatural resources shall do each ofthe following: 1. Determine the 

### amounts bywhichthe 

### numberoftons specified in par. (a) 1., 

### 2. and 3. shall be increased to reflect the lower reductions. 2. Take action that is necessary to relax any relatedemissions control requirements in a manner that reflects the lower reductions. 2m. Determine the amounts by

### which reduction requirements for any nonutility stationary or mobile source in this state shall be relaxed to reflect the lowerreductions. 3. Determine the amount by

### which the $2,400,000 in 

### assessments under s. 196.86 (2) shall be decreased to reflect the lower reductions andprovide notice ofthe decreased amountto the public service commission. 4. Determine the amount by which the $2,500,000 that is transferred to

### the air quality improvementfund unders. 16.958 (2) (a) shall be decreasedto reflect the lowerreductions andprovide notice ofthe decreased amount to the department ofadministration. (4) LOW--L"lCOME WEATHERIZATION AND ENERGY CONSERVAllON MEASURES; RENEWABLE ENERGY USES. 

### The department shall ensure that at least 866 tons oftotal annual reductions in nitrogen oxide emissions required under the state implementation plan are achieved through any ofthe following: (a) The usc ofrenewable energy, including renewable energy that is providedby electric providers forthe purpose ofcomplying with the requirements ofs. 196.378 (2) (a) 2., orrenewable energy that is used under programs under s. 196.374. <b) The implementation oflow-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or programs under s. 196.374.

History: 1999 a 9, 75; 2005 a 141; 2009 a 1HO.


### 285.49 Trading program for nitrogen oxide emissions credits. The department shall establish or authorize air contaminant sources to participate in amarket-basedtradingprogram for the purchase. sale andtransfer ofnitrogen oxide emissions credits for use in any state implementation plan under s. 285.11 (6} that requires reductions in nitrogen oxide emissions. To the extent allowed under federal law, the department shall allow nitrogen oxide emissions reductions by any source inthis state, regardless ofwhether the 

### source is subject to nitrogen oxide controls under a state implementation plan, to be purchased, sold ortransferred under the trading program.

History: 1999 a. 9.



### SUBCHAPTER VI

WASTE INCINERATORS: OZONE DEPLETING SUBSTANCES; EMISSION LL\IITS

AND OTHER REQUIREMENTS Updated 09-10Wis. Stats. Database 

### 12

285.51 Solid waste Incinerator operator certification. (1) In this section, "solid waste treatment" has the meaning given ins. 289.01 (39). (2) 

### The department shall, by rule, establish aprogram for the certification of persons participating in or responsible for the operation ofsolid waste treatment facilities that bum solid waste. The certification requirements shall take effect on 

### January 1, 1993. The department shall do all ofthe following:

(a) Identify those persons orpositions involved in the operation ofa solid waste treatment facility who are required to 

### obtain certification.

(b) Establish the 

### requirements fur and tennofinitial certification and requirements for recertification upon expiration ofthat term. At a minimum, the department shall require applicants to complete aprogram of

### training and 

### pass an examination in order to receive initial certification.

(c) Establish different levels ofcertification and requirements for certification for different sizes or types offacilities, as the department determines is appropriate.

(d) Impose fees for the operatortraining and certification program. / •

(e) Require that therebe one ormore certified operators on the site ofasolid waste treatment facility at all

### times duringthe facility's hours ofoperation. (3) 

### The program under sub. (2)

### does not apply with respect to any ofthe following: (a) A facility described ins. 287.D7 (7) (bg). (b) A 

### solid waste treatment t'acility for the treatment ofhazardous waste.

(c) A solidwaste treatment facility forhigh-volume industrial waste as defined ins. 289.01 (17).

(d) A 

### solid waste treatment facility ofa type 

### exempted from 

### the program by

### the department by rule. (4) The training required under sub. (2) (b) may be conducted 

### by the department or by another person with the approval ofthe department.

(5) The department may suspend orrevoke a solid waste treatment facility's operating license if

### persons at the facility fail to obtain certification required under sub. (2) (a) or for failure to have acertified operator on the site as required under sub. (2) (e). (6) The department may suspend orrevoke an operator's certification for t3.i1ure to comply with 

### this chapter, rules promulgated under this chapter orconditions ofoperation made applicable to a solidwaste treatment facility by the department.

History: 1995 a. 227 s. 457,989. Cro!!s-refereoee: Seealsoch. NR499, Wis. adm. code.


### 285.53 Testing emissions from medical waste incinerators. (1) TESTINGFOR HAZARDOUS SUBSTANCES. (a) Ap{flicabilitv. 

### This subsection applies to a medical waste incinerator, as di:fined in s. 287.07 (7) (c) I. cr

.. that has a capacity of5 tons or more per day. (b) Requirements. 

### l. Aperson operating orrespomiblc for the operation ofamedical waste incinerator described in par. (a) shall test emissions ofparticulates, dioxins, furans, arsenic. lead, hexavalent chromium, cadmium, mercury and any other hazardous substance identitied by the departmentbyrule, at least as often as follows:

a. During the initial 90·-day period ofoperation. b. Oneyear following the initial 9o--day period ofoperation.

c. Every 2years following the testing under subd. l. b. 2. Aperson operating or responsible for the operation ofa medical waste incinerator described in par. (a) shall report the results ofthe testing undersubd. 1. to the department and the city, village ortown in which the medical waste incinerator is located.
2009-10

### Wis. Stats. database updatedand current throUgh 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective
on orprior

### to 9-1-11 are printedas Ifcu"enUyIn effect. Statutorychanges effective after9-1-11 are designated byNOTES. See Are The Statutes on this Website Official?Electronic reproduction of2009-IO Wis. Stats. database, current through 2011 Wis. Act 39 and July 25. 2011.



### 13 Updated 09-10Wis. Stats. Database


# . ' (c) Analysis. 

### I. The department shall provide an analysis of the test results submitted under par. (b) 2. to the city, village or town in which the medical waste incinerator is located. 

### 2. The city, village ortown in which the medical waste incineratoris located shall publish the analysis provided under subd. I. as a class 1notice under ch. 985. 3. The department may charge the person operating or responsible forthe operation ofthe medical waste incineratora fee for reviewing and preparing the analysis ofthe test results. (2) CONTINUOUSMONITORING. Aperson operating orresponsible for the operation ofa medical waste incinerator, as defined in s. 287.07 (7) (c) I. cr., shall continuously monitor emissions from the medical waste incinerator.

History: !989a. 335: 1991 a. 300: !99.5 a. 227 s. 479: Stats. 1995 s. 285.53. 

### 285.54 Medical waste incinerator fees. (1) In this sec· tion: (a) "Medical waste incinerator" has the meaning given ins. 287.Q7 (7) (c) L cr. (b) "Municipality" means a city, village or town. (2) A municipality may. by ordinance, impose a fee, inaccordance with rules promulgated unders. 287.03 (I)(am), on the operator ofa medical waste incinerator located in the municipality to cover the costs incurred because ofthe presence ofthe medical waste incinemtor, including cost.;; ofmonitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposedunderthis section may not exceed $1 per ton ofwaste that is incinerated at the medical waste**incine~tor** unless the municipality and the operatorofthe medical waste incinerator agree to a higher fee.

History: 1989 a. 335; 1995 a. 227; 1999 a. 150 s.**373~** Stats. 1999s. 285.54. 285.57 Emission of ozone-depleting substances. (1) DEFINITION. In this section, "class Isubstance" has the meaning given in 42 USC 7671 (3). (2) MEDICAL STERILIZERS. (a) The department shall evaluate the progress toward eliminating the use ofclass 1substances in medical sterilizers. The department shall complete the evaluation no later than August I, 1994. (b) Based on the results ofthe evaluation under par. (a). the department shall promulgate arule that prohibits the use ofclass I substances in medical sterilizers or, ifno adequate substitute for class I substances is available, requires persons who operate medical sterilizers that use class I substances to achieve the lowest achievable emission rate for class I substances. (3) SOLVENTS. The department shall advise persons who use class I substances as solvents on ways to eliminate that use. (4) CITATIONS. The departmentmay tOllow the procedures for the issuance ofa citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation ofsub. (2). (5) PENALTIES. Any person who violates sub. (2) shall be required to forfeit not Jess than $250 nor more than $1 ,000. Each day ofviolation constitutes a separate offense.

History: 1993 a. 243; 1995 a. 227 s. 508; Stats. 1995 s. 285.57. 

### 285.59 Recovery of ozone-depleting refrigerants. (1) DEFINITIONS. In this section: (a)

..Ozone-depletingrefrigerant" has the meaning given ins. 100.45 (1) (d).

(b) •"State agency" meaDs any office, department, agency, institution ofhighereducation, association, society. or otherbody in state government created orauthorizedto be createdby the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University ofWisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Cmporation, and the Wisconsin Health and Educational Facilities Authority. 

### AIR POLLUTION 285.59 (2) SALVAGING REFRIGERATION EQUIPMENT After June 30, 1992, except as provided in sub. (3), no person, including a state agency. may perfonn salvaging or dismantling of mechanical vapor compression refrigeration equipmentin the course ofwhich ozone-depleting refrigerant is or may be released or removed unless the person certifies all ofthe following to the department: (a) That the person uses equipment that is approved by the department to transti!rowne-depletingrefrigerant from mechanical vaporcompression refrigeration equipment into storage tanks whenever it perfonns those activities. (b) That the individuals who use the equipment under par. (a) have, or are under the supervision ofindividuals who have, the qualifications established under sub. (5) (a) I. 

### (3) SCRAP METAL PROCESSORS. (a) In this subsection, "scrap metal processor" has the meaning given in s. 84.31 (2) (h). (c) AfterJune 30, 1992, except as provided in par. (d), any person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor shall do all of the following: 1. Trdllsfer ozone-depleting refrigerant from the mechanical vapor compression refrigeration equipment into a storage tank as provided in sub. (2) (a) and (b) or obtain and possess documentation that another person performed that transfer. 2. Provide documentation tothe scrap metal processor that it has complied with subd. I. (d) Paragraph (c) does not apply to a person who sells, gives or transports mechanical vapor compression refrigeration equipment to a scrap metal processor that agrees in writing to transfer the owne-depletingrefrigerant into a storage tank as provided in sub. (2)(a) and (b). (4) RELEASE. (a) During the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, no person may knowingly or negligently release ownedepleting refrigerant to the environment. except for minimal releases thatoccuras aresultofefforts to transfer ozone-depleting refrigerant into storage tanks. (am) No person may knowingly or negligently release from a storage tank to the environment ozone-depleting refrigerant that was removed during the salvaging, dismantling or transporting of mechanical vapor compression refrigeration equipment, except that this paragraph does not apply to minimal releases that occur as a result ofefforts to transfer ozone-depleting refrigerant into mechanical vapor compression refrigeration equipment orother storage tanks.

(b) Any person who transports, for purposes ofsalvaging or dismantling, mechanical vapor compression refrigeration equipment that contains ozone--depleting refrigerant shall certify to the department that it complies with par. (a), except that this paragraph does notapply to an individual who transports his or herpersonal mechanical vapor compression refrigeration equipment. (5) DEPARTMENT DUTIES. The department shall do all ofthe following: (a) Promulgate rules for the administration of this section including establishing all ofthe following: I. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depletingrefrigerant from mechanical vapor compression refrigeration equipment into storage tanks. 2. Fees to coverthe cost ofadministering subs. (2), (3) and (4) (b). (b) Approve equipment tOr the transfer ofozone-depleting refrigerant from mechanical vapor compression refrigeration equipment into storage tanks. (6) DEPARTMENT POWERS. The department may promulgate rules providing that anyportion ofsub. (2), (3) or(4) applies with respect to a substance used as a substitute for an ozone-depleting substance.
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior to 9-1-11 areprintedas ifcurrentlyin effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?Electronic re roduction of2009-IO Wis. Stats. database, current through 2011 Wis. Act 39 and July 25,2011.



### 285.59 

### AIR P LLUTION

(7) CITATIONS. 

### The d partmentmay follow the procedures for the issuance ofacitation under ss. 23.50 to 

### 23.99 to collect a forfeiture for a violation ofsub. (2), (3) (c) or(4). (8) PENALTIES. (a) nyperson who violates sub. (2) shallbe required to forfeit not le than $100 normore than $1 ,000. Each 

### act ofsalvaging ordism ntling in violation ofsub. (2) constitutes
a violation. (b) Any person who iolates sub. (3) (c) shall be required to forfeit notless than 

### $100 normore than 

### $1,000. Each sale, giving 

### ortransporting in violati nofsub. (3) (c) constitutes aviolation. (c) Any person who 'olates sub. (4) shallbe requiredto forfeit 

### not less than $100 norm re than $1,000. Each release in violation ofsub. (4) constitutes a iolation.

History: 1989a. 284; 1991

. 97; 1993 a. 243; 1995 a. 227 s. 509; Stats.1995 s. 285.59; 1997 a. 27; 2001 a 16; 005 a. 335: 2009 a. 28: 2011 a. 7, 10: s. 35.17 rorrection in (!)(b).

S BCHAPTER Vll

PE MITS AND FEES 

### 285.60 Air pollutio control permits. (1) NEw oR MODIFIED SOURCES. (a) Const ctionpermit, I. Except as provided in sub. (2g), (3), (5rn), or( ), no person may commence construction, reconstruction, repl cement, ormodification ofa stationary
source unless the pers n has a construction pennit from the department. 2. A construction rmit may authorize the initial operation ofa stationary source fo a period specifiedinthe pennitto allow testing ofthe stationary urce's equipment and monitoring ofthe emissions associated wi h the equipment. (b) Operationpenni 1. Except as provided in subd. 2., par, (a) 2., sub. (6) or s. 285.6 (8), no person may operate a new source or a modified source un ess the person has an operation permit under s. 285.62 from th department. 2. A person mayco tinuc to operate a new source ora moditied source for which e department issued a permit under s. 144.392, 1989 slats., o or before November 15, 1992, but on which construction, rec struction, replacement or modification began afterNovember I , 1992, butthe person shall apply for an operation permit under: 285.62 no later than March 1, 1996. (2) EXISTING SOURC s. (a) Operation permit requirement. Except as provided ins b. (6) or s. 285.62 (8), no person may operate anexisting so e after the operation pennit requirement date specified under s. 85.62 (11) (a) unless the person has an operation permit under

. 285.62 from the department. (b) Elective operati n permit. A person may apply for an operation permitfor one r more points ofemission from an existing sourcefor which an perationpermitis not required. No 

### person may operate a statio 

### ary source underan emission reduction optionprogramunless th person has an operation permit from the department. Ifa person elects to apply for an operation permit underthis paragraph, th election maynotbewithdrawn and the stationary source may n tbe operatedwithoutthe operationpermitbeginning on thedat thattheoperationpermitis first issued. (2g) REGISTRATIONP RMITS. (a) Rules. Subjectto sub. (8), the department shall promul ate rules specifying a simplified process underwhich the departm ntmay issue a registration permit authorizing construction or o eration or both for a stationary source with low actual orpoten al emissions ifthe owneroroperatorprovides to the department, n a form prescribedbythe department, sufficientinformationto showthatthe source qualifies for a registration permit. In the ru es, the department shall include criteria for identit)'ing categori s ofsources the owners or operators of which may elect to o tain registration 

### permits and general requirements applicable to sources that qualitY for registration permits. In the rules, t e department may exempt persons who qualify for registration ermits from the requirement to obtain a construction permit. Updated 09-10Wis. Stats. Database 

### 14
(b) 

### Procedure. The procedural requirements ofss. 285.61 (2) to (8) and 285.62 (2) to (7) do not apply to a registration permit under this subsection. Within 15 days afterreceiptofthe form prescribedby thedepartment, the department shall provide one ofthe following to an applicant for a registration permit: 1. Written notice ofthe department's determination that the
source qualities for a registration permit. 2. A written description ofany information that is missing from the application for a registration permit. 3. Written notice ofthe department's determination that the
source does not qualify for a registration permit, specifically describing the reasons for that determination. 

### (3) GENERAL PERMITS. (a) 

### Rules. The department shall promulgate rules for the issuance ofgel)eral permits authorizing construction oroperation orboth for similar stationary sourceS. Inthe rules, the department shall specify criteriafor identifying categories ofsources for which the department may issue general permits and general requirements applicable to sources that qualitY for general pennits. In the rules, the department mayexempt**per~** sons who qualitY for a general permit from the requirement to obtain a construction permit.

(b) Procedure. Theprocedural requirements ofss. 285.61 (2) to (8) and 285.62 (2) to (5) do not apply to the determination of whether a source is coveredby a general permit underthis**subsec~** tion. Within 15 days afterreceipt ofan application for coverage under a general permit, the department shall provide one ofthe following to the applicant: I. Written notice ofthe department's determination that the
source qualifies for coverage underthe general permit. 2. A written description ofany information that is missing

.from the application for coverage underthe general permit. 3. Written notice ofthe department's determination that the
source does not quality for coverage under the general permit, specifically describing the reasons for that determination.

(4) PERMIT FLEXIBILITY. Thedepartment shall allow a person to make a changeto a stationary sourcethat has an operationpermit, orfor which the person has submitted a timely andcomplete application for an operation pennit, for which the department would otherwise first require an operation permitrevision, withoutfirst requiring a revision ofthe operation pennit ifthe change is nota modification, as defined bythe departmentby rule, and the change will not cause the stationary source to exceed the emissions allowable under the operationpermit, whetherexpressed as an emission rate orin tenns oftotal emissions. Except in Ute case ofan emergency, a person shall notify the department and, tOrpermits required underthe federal clean air act, the administrator of the federal environmentalprotection agency in writing at least 21 days before the date on which the person proposes to make a changeto a stationary source underthis subsection. A person may not make a proposed change to a stationary source ifthe department informs the personbeforethe end ofthat 21**~day** periodthat the proposed change is not a change authorizedunderthis subsection. Thedepartment shall promulgate rules establishing a shorter time for advance notification ofchanges underthis subsection in
case ofemergency. (5) EXEMPTION FROM ADDITIONAL PERMIT REQUIREMENTS FOR APPROVED RELOCATED SOURCES. (a) Approvedrelocated SOUrce. A source is an approved relocated source ifall ofthe following requirements are met: I. The source is to be relocated within an attainment area. 2. The source is a stationary source capable ofbeing transported to a different location. 3. The source received an air pollution control permit tOr the relevant aircontaminantpriorto relocation. 4. The owner oroperatorofthe source provides v.:ritten notice to the department at least 20 days prior to relocation and the department does not object to the relocation.
2009-10 Wis. Slats. da base updaledandcurrentthrough 2011 Wis. Act39andJuly

### 25, 2011. StatutOfYchanges effective on orprior to 9-1-11 reprintedas IfcurrentlyIn effect. Statutorychanges etfectlve aher9-1-11 are designatedbyNOTES. See Are The Statutes n this Website Official?Electronic reproduction of2009-10Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

15 Updated 09-10 Wis. Stats. Database



### 5. The source in its new location meets all applicable emission limitations and any visibility requirements in the department's 

### rules and does not violate an ambient air increment orambient air quality standard. 6. The source is not an affected source as defined in 42 USC 7651a (!). (b) Exemptjrom additionalpermits. Notwithstanding subs. (1) and (2), no additional pennit is required if a source is an approved relocated source. (5m) WAIVER OF CONSTRUCTION PERMIT REQUIREMENTS. (a) Subject to sub. (8), the department shall promulgate rules under which a person is allowedto commence construction, reconstruc

### tion, replacement, or modification ofa stationary source prior to the issuance ofa construction permit upon a showing that commencing construction, reconstruction, replacement, or modification priortothe issuance ofthe permitis necessaryto avoidundue hardship. (b) Subject to sub. (8), the department may allow aperson to commence construction, reconstruction, replacement, or modification ofa stationary source priorto the issuance ofaconstruction permit on a case-by-case basis or on bases specified in arule. (c) The department shall act on awaiverrequestunderthis subsection within 15 days after it receives the request. (6) EXEMPTION BY RULE. (a) Notwithstanding the otherprovisions ofthis section the department may, byrule, exempttypes of**station~I)'** sources from any requirement ofthis section if the potential emissions from thisources do not present a significant hazard to public health, safety or welfare or to the environment. (b) Subject to sub. (8), the department shall, by rule, exempt minor sources from the requirement to obtain a construction permit and an operation permit 

### ifthe emissions from the sources do not present a significanthazard to public health, safety orwelfare
or to the environment. 

### (7) CoMPLIANCE. 

### A person who obtains a permit under this section shall comply with all tenns and conditions ofthe permit. (8) COMPLIANCE WITH FEDERAL LAW. The department may not promulgate a rule or take any other action underthis section that conflicts with the federal clean air act. (9) PET!T!ONS FOR REGISTRATION PERMITS. GENERAL PERMITS, AND EXEMPTIONS. A person may petition the departmentto make a determination that a type ofstationary source meets the criteria for a registration permit under sub. (2g), 

### a general permit under sub. (3), or an exemption under sub. (6). The department shall provide a written response toapetition within 30days afterreceiving the petition indicating whether the type ofstationary source meets the applicable criteria for a registration permit. a general permit, or

### an exemption. Ifthe type ofsource meets the applicable criteria, the department shall, within 365 days after receiving the petition, issue the registration permit orgeneral 

### permit or, for 

### an exemption, shall submit to the legislative council staffunder s. 227.15 (I)in proposed fOrm any necessaryrules or take any other action that is necessary to provide the exemption. 

### (10) PERMIT STREAMLINING. The department shall continually
assess pcnnit obligations imposed under this section and ss. 285.61 to 285.65 and implement measures that are consistent with this chapter and the federal clean air act to allow for timely installation and operation ofequipment and processes and the pursuit of related economic activity by lessening those obligations, including consolidating the permits for sources at a facility into one permit, expanding exemptions under sub. (6). and expanding the availability ofregistration permits under sub. (2g), general permits under sub. (3), and construction permit waivers undersub. (5m).

History: 1979 c. 34. 221; 1991 a. 302; 1995 a. 27; 1995 a. 227 s. 485; Srats. 1995**~.** 2ll5.60; I997 a. 35; 200I a. 16; 1003 a. II8. 326; 2005 a. 28. Cross-reference: See also rhs. NR 405,406,407,408,409. and 41 I, Wis. adm. code. 

### 285.61 Construction permit application and review. (1) APPLICANT NOTICE REQUIRED. A person who is required to 

### AIR POLLUTION 285.61

obtain or who seeks a construction pennit shall apply to the department for 

### a permit to construct, reconstruct, replace or modify the stationary source. 

### (2) PLANS, SPECIFICATIONS AND OTHER INFORMATION. (a) 

### Request foradditional infom1Gtion. l. Within 20 days, excluding statewide legal holidays specified ins. 995.20, after receipt ofthe application the department shall provide written notice to the applicant describing specifically all ofthe plans, specifications, and any other information necessary to determine ifthe proposed construction, reconstruction, replacement, or modification will meet the requirements ofthis chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15. 2. Ifthe department requests additional information under subd. 1.. the department shall notifY the**applican~** within 15 days after receiving additional information from the applicant, whether that additional infOrmation satisfies the department's request. (b) When application is consideredto becomplete. 1. Ifthe department does not indicate to an applicant within the time provided 

### in par. (a) I. that additional infonnation is needed, 

### the application is considered to be complete for the purposes ofthe time limits in sub. (3) 20 days after receipt ofthe application. 

### 2. Ifthe department indicates toan applicantwithin the time provided inpar. (a) 

### 1. thatadditional information is neededbut the department does not indicate tothe applicant within the time provided in par. (a) 2. that additional information provided is deficient, the application is considered tobe complete for thepurposes ofthe time limits in sub. (3) 15days afterreceipt ofthe additional infom1ation. 3. Ifneithersubd. I. norsubd. 2. applies, an application is considered to be complete for the purposes ofthe time limits in sub. (3) whenthe department notifies the applicant under

### par. (a) 2. that the additional information provided by the applicant satisfies the department's request. 4. This paragraph does not prevent the department from requesting additional infom1ation from an applicant afterthe time limit in par

..(a) I.or 2. (3) ANALYSIS. The department shall prepare an analysis regarding the effect ofthe proposedconstruction, reconstruction, replacement ormodification on ambient air quality and a preliminary determination on the approvability ofthe construction permit application, within the following time periods after the application is consideredto be complete under sub. (2) (b): (a) Major source constntctionpermits. For construction permits for major sources, within 90 days. (b) Minor source constructionpermits. For construction permits for minor sources, within 30 days. (4) DISTRIBUTION AND AVAILABILITY OF ANALYSIS, PRELIMINARY DETERMINATION AND MATERIALS. (a) Distribution andpub

### licit}•. The department shall distribute and publicize the analysis and preliminary determination as soon as they are prepared. (b) Availability. The department shall make available forpublic inspection in each area where the stationarv source would be constructed, reconstructed, replaced or modified the following: l. A copy ofmaterials submitted by the permit applicant; 2. Acopy ofthe department's analysis and preliminary determination; and 3. A copy or summary ofothermaterials, ifany, considered by the department in making its preliminary determination. (5) NOTICE: ANNOUNCEMENT; NEWSPAPER NOTICE. (a) Distribution of notice required. The department shall distribute a notice ofthe proposed construction, reconstruction, replacement or modification, anotice ofthe department's analysis and preliminary determination, 

### anotice ofthe opportunity for public comment and a notice ofthe opportunity to request a public hearing to: I. The applicant. 2. Appropriate federal, local and state agencies including agencies in other states which may be affected.
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statuto!)'changes effective on orprior

### to 9-1-11 areprintedas ifcurrently;n effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes on this Website Official?Ele<:tronic re reduction of2009-10Wis. Slats. database, current through 2011 Wis. Act 39 and July 25, 20II.

285.61 

### AIR LLUTION

3. Regional and co ty

### planning agencies located in the area which may be affected. 4. Public libraries I ated in ornear the area which maybe affected. 

### 5. Any person or gr 

### up who requests this notice. (b) 

### Announcementre uired The department shall circulate an announcement sheet co taining a briefdescription ofthe**pro~** posed construction, reco struction, replacement ormodification,
a brief description of e administrative procedures to be followed, the date by whi h comments are to be submitted to the 

### department and the toea ion where the department's analysis and preliminary determinati n are available for review to: 1. Local and regio I governments which havejurisdiction over the area that may b affected. 2. Local and regio al news media in the area that may be affected. 3. Persons andgrou who have demonstrated an interest and have requested this type ofinformation. (c) Newspaper no tic

. The department shall publish a class 1 notice under ch. 

### 985 ann uncing the opportunity for written public comment andthe op rtunityto requestapublic hearing on the analysis andprelimin determination. (6) PuBuc COMMEN

. The department shall receive public comments on the propos dconstruction, reconstruction, replacement or modification an on the analysis and preliminary determination for a 30-day eriod beginning when the department gives notice under sub. 5) (c). (7) PUBLIC HEARING. (a) Hearingpermitted. The department may hold apublic heari on the construction permit application ifrequested by a person ho may be affected by the issuance of the pennit, any affected sateorthe U.S. environmental protection agency within 30 days a erthe deparhnent gives notice under sub. (5) (c). A request for a ublic hearing shall indicate the interest ofthe party filing the estandthe reasons why ahearing is war- ranted. The department shall hold the public hearing within 60 days after the deadline r requesting a hearing ifit deems that there is a significantpu ic interest in holding ahearing. (b) Procedure. The partment shall promulgate by rule procedures for conducting public hearings under this subsection. Hearings under this sub ection are not contested cases under s. 227.01 (3). (8) DEPARTMENT DE ERMTNATION; ISSUANCE. (a) Criteria; considerations. The de artment may approve the construction permit application and i sue a construction permit according to the criteria established der s. 285.63 after consideration ofthe comments received unde subs. (6) and (7) and afterconsideration ofthe environmental im act as required under s. 1.11. (b) 

### lime limits. The eparbnent sha11 act on aconstruction permit application within days afterthe close ofthe public com- ment period or the publi hearing, whicheveris later, unless compliance with s. 1.11 requi salongertime. Fora majorsource that is located in an attainme t area, the department shall complete 

### its responsibilities under s. .11 within one year. (9) MINING HEARING. Ifa hearing on the construction permit is conductedas apart of hearing under s. 293.43, the notice, comment and hearing provis ons in that section supersede the provisions ofsubs. (4) to (8). (10) EXTENSIONS. U on agreement between the department and an applicant, the de rtment shall extend any time limitapplicable to the department nder this section. The department may not require an applicantt agree to extend atimeperiodas a condition ofapproving an ap lication. (11) DELAY IN ISSUIN PERMITS. (a) Subjectto sub. (10), ifthe department fails to act o an application for a construction permit within the time limit in b. (8) (b), the department shall include in areport the reasons fo the delay in acting onthe application and recommendations for h w to avoid similar delays in the future. The department shall rna e reports under this paragraph available Updated 09-10Wis. Stats. Database 16

to the public, place aprominent notice ofthe reports on the department's Internet site, and submit the reports to the standing committees ofthe legislature with jurisdiction over environmental matters semiannually.

(b) Ifthe department fails to act on an application for a construction permit within the time limit in sub. (8) (b) and the applicanthas notagreedto an extension under sub. (

### 1 0). the department shall refund the fee under s. 285.69 (I) (a) that was paidby the applicant.

History: 1979c. 34, 221; 1985 a. 182 s. 57; 1991 a. 302.; 1995 a. 227 s. 486; Stats. 1995 s. 285.61; 2003 a.ll8: 2005 a. 155.

Crou-reference: See also ch. NR 490, Wis. adm. code.
285.62 Operation permit; application, review and 

### effect. (1) APPLICATION REQUIRED. A person who is requiredto obtain anoperationpennit for a stationary source shall apply tothe department for the permit on or before the operation permit application date specified under sub. (11) (b). The department shall specify by rule the content ofapplications under this subsection. Ifrequired by the federal clean air act, the department shall provide a copy ofthe complete application to the federal environmental protection agency. 

### (2) PLANS, SPECIFICATIONS AND OTHER INFORMATION. (a) Requestforadditional if!fonnation. I. Within 20 days, excluding statewide legal holidays specified ins. 995.20. afterreceipt ofthe application the department shall provide written notice to the applicant describing specifically any additional information required under sub. (1) necessary to determine ifthe source, upon issuance ofthe permit, will meet the requirements ofthis chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15. 2. Ifthe department requests additional information under subd. 1., the department shall notifY the applicant, within 15 days after receiving additional information from the applicant, whether that additional information satisfies the department's request. (b) When application is consideredto becomplete. I. Ifthe department does not indicate to-an l!J'plicant within the time provided in par. (a) I. that additional information is needed. the application is considered to be complete for the purposes ofthe time limit in sub. (7) (b) 20 days after receipt ofthe application. 2. Ifthe department indicates to an applicant within the time provided in

### par. (a) l.that additional information is needed but the department does not indicate to the applicant within the time provided in par. (a) 2. that additional information provided is deficient, the application is consideredto be complete for thepurposes ofthe time limit in sub. (7) (b) 15 days after receipt ofthe additional information. 3. Ifneithersubd. I. norsubd. 2. applies, an application is**con~** sidered to be complete for the purposes ofthe time limitin sub. (7) (b) when the department notifies the applicant underpar. {a) 2. that the additional information provided by the applicant satisfies the department's request. 4. This paragraph does not prevent the department from requesting additional information from an applicant afterthe time limit in par. (a) 1. or 2. (3) REVIEW; NOTICE; PUBLICATION. (a) The department shall review an application for an operation permit. Upon completion ofthat review, the department shall prepare a preliminary determination ofwhether it may approve the application and a public notice. The public notice shall include all ofthe following: I. A briefdescription ofthe stationary source. 2. The department's preliminary determination ofwhether it may approve the application. 3. Notice ofthe opportunity forpublic comment and the date by which comments must be submitted to the department. 4. Notice ofthe opportunity to--request a public hearing. 5. Any other information that the department determines is necessary to inform the public about the application.
2009-10 Wis. Stats. da base updatedandcummt through 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 reprintedas ffcurrenUy In effect. Statutorychanges effectiveafter9-1-11 are designatedbyNOTES. 

### See Are The Statutes 

### n this Website Official?Electronic reproduction of2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25. 2011.

17 Updated 09-10Wis. Stats. Database

(b) The department shall provide the notice prepared under par. (a) to all ofthe following: I. The applicant. 2. Any local air pollution control agency that has aprogram under s. 285.73 that is approved 

### by the department and that has 

### jurisdiction overthe area in which the stationary source is located. 3. Any

### regional planning agency, any county planning agency and any public library located in the area that may be affected 

### by emissions from the stationary source. 4. Any person orgroup that requests the notice. 5. Any city. village, town orcountythat hasjurisdiction over the ares in which the stationary source is located. 6. Ifrequired by the federal clean air act. the federal environmental protection agency. 7. Ifrequired by the federal clean air act, any state that is within 50 miles ofthe stationary source and any state that is contiguous tothis state andwhose airqualitymay

### be affected by emissions from the stationary source. (c) The department shall publish the notice preparedunderpar. (a) as a class I notice under ch. 985 in a newspaper published in the area that may be affected by emissions from the stationary source. (4) PuBLIC COMMENT. The department shall receive public comment on the application for a 3o-dayperiodbeginning when the department gives notice under sub. (3) (c). (5) PUBLIC HEARING. (a) Hearingpermitted. The department may hold apublic hearing on an application for an operation permit for a stationary source ifrequested by any state that received notice under sub. (3) (b) or any otherperson, ifthe person may be affected by the issuance ofthe pennit, within 30 days after the department gives notice under sub. (3) (c). Arequest for apublic hearing shall indicate the interest ofthe party filing the request and the reasons why ahearing is warranted. The department shall hold the public hearing within 60 days after the deadline for requesting ahearing ifitdetermines that there is a significantpublic interest in holding the hearing. (b) Procedure. The department shall promulgate by rule procedures for conducting public hearings under this subsection. Hearings under this subsection are not contested cases under s. 227.01 (3). (6) f>ROPOSED PERMIT; RESPONSE TO COMMENTS; ENVIRONMENTAL PROTECTION AGENCY OBJECTION. (a) After considering any public comments concerning an application, the department may prepare aproposed operation pennit ordeny the application for an operation pennit. lfthecriteria in ss. 285.63 and 285.64 are met, the department shall prepare a proposed operation permit. If required by the federal clean air act, the department shall provide a copy ofaproposed operation pennit to the federal environmental protection agency. Ifa state has submitted recommendations in response to the notice under sub. (3) (b) 7. and the department has not accepted those recommendations, the department shall notify that state and the federal environmental protection agency in writing ofits decision not to accept the recommendations and the reasons for that decision. (b) The federal environmental protection agency may object in writing to the issuance ofan operation permitthat it determines is not in compliance with the federal clean air act or an implementation plan preparedunder s. 285.11 (6). The department shall respond in writing to the objection ifthe federal environmental protection agency provides the reasons for the objection and**sub~** mits the objection to the department and the applicant within 45 days afterreceiving eithera copy ofthe proposed operation permit under par. (a) or notice underpar. (a) ofthe department's decision not to accept the recommendations ofanother state. (c) I. Ifthe departmentreceives an objection from the federal environmental protection agency under this subsection. the department may not issue the operation permitunless the depart

### AIR POLLUTION 285.62

ment revises theproposed operation permit as necessary to satisfy the objection. 2. Ifthe department has issued an operation permit before receiving an objection from the federal environmental protection agency that is based on apetition submitted under42 USC 7661d (b) 2. and the federal environmental protection agency modifies, terminates or revokes the operation permit, the department shall issue an operation permit that is revised to satisfy the objection. (d) The requirements under pars. (a) to (c) do not apply with respect to an application for an operation permit for a stationary
source that is in a category that the department excludes, byrule, from those requirements because the source is not required to obtain a permitunder the federal clean air act or that the federal environmental protection agency excludes from those requirements under 42 USC 766!d (d). (e) This subsection does not apply before the federal environmental protection agency approves this state's air pollution control pennit program under 42 USC 766la (d) or (g). (7) DEPARTMENT DETERMINATION; ISSUANCE. (a) The department shall approve ordeny the operation permit application for an existing source. The department shall issue the operation pennit for an existing source ifthe criteria established under ss. 285.63 and 285.64 are met. The department shall issue an operation 

### permit for an existing source or deny the application within 18 months after receiving a complete application, except that the department may, by rule, extend the 18-monthperiod for specified existing sources by establishing aphased schedule for acting on applications receivedwithin one year afterthe effective date of the rule promulgated under sub. (1) that specifies the content of applications for operation pennits. The phased schedule may not extend the 18-month period for more than 3years. (b) The department shall approve ordeny the operation pennit application for a new source ormodified source. The department shall issue the operation permit for a new source or modified
source ifthe criteria established under ss. 285.63 and 285.64 are met. The department shall issue an operation permit for a new source ormodified source ordeny the applicationwithin 180 days after the application is considered to be complete under sub. (2) (b) or after the permit applicant submits to the department the results ofall equipmenttesting and emission monitoring required under the construction permit, whichever is later. (c) Ifrequiredby the federal clean airact, the department shaH provide a copy ofan operation permit tothe federal environmental protection agency. (8) OPERATION CONTINUED DURING APPLICATION. (a) Ifa person timely submits a complete application for a stationary source under sub. (I) and submits any additional infOrmation requested by the department within the time set by the department, the stationary source may not be required to discontinue operation and the person may not 

### be prosecuted for lack ofan operation permit until the department act.<; under sub. (7). (b) Ifaperson submits an application for renewal ofan operation pennitbefore the date specified in s. 285.66 (3) (a), the stationary source may not be required to discontinue operation and the person may not be prosecuted for Jack ofan operation pennit until the department acts undersub. (7}, except thatthis paragraph does not apply in asituation inwhich its application wouldcontravene the tederal clean air act. (9) DELAY TN ISSUING PERMITS. (a) Ifthe department fails to issue an operation pennit or to deny the application within the period specified in sub. (7) orin arule promulgatedunder sub. (7), that failure is considered a final decision onthe application solely for the purpose ofobtainingjudicial review under ss. 227.52 and 227.53 to require the department to act on the application without additional delay. (b) Subject to sub. (12), ifthe department fails to act on an application for an operation permit within the time limit under sub. (7) (b), the department shall include in areport the reasons for
2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39 andJuly

### 25, 2011. Statutorychanges effective
on or(Wior

### to 9-1-11 areprintedas ifcurrentlyin effect. StatutoryChanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Official?

### Electronic re roduction of2009-IO Wis. Stats. database, current through 2011 Wis. Act 39 and July 25,2011.



### 285.62

the delay in acting on e application and recommendations for 

### how to

### avoid delays inth 

### future in similarsituations. The department shall make reports der

### this subsection available to

### thepublic, place a prominent n tice ofthe reports on the department's Internet site, and submit he reports to the standing committees of the legislature withjuris iction overenvironmental matters semi

### annually. (10) 

### EFFECT OF PERM T 

### (a) Exceptasprovidedinpar. (b), the issuance of an operatic pennit, including an operation 

### permit that contains a complian e schedule, does not preclude enforce

### ment actions based on vi lations ofthis chapterthat occurbefore,
on orafterthe date that t e operation pennit is issued. The inclu

### sion ofacompliance sch dule in an operation pennitdoes not preclude enforcement actio s based on violations ofthis chapter to which the compliance sc edule relates, whether ornot the source isviolatingthe complia ce schedule. (b) Unless precludedbythe administrator ofthe federal environmental protection ag cyunder42 USC 7661c (f), compliance with all emission limita ·ons included in an operation permit is considered to be compli nee with all emission limitations established under this chapte and emission limitations underthe federal clean air actthat are applicable to the stationary source as of the date ofissuance oft e operation permit ifthe pennit includes the applicable emission Imitations orthe department, in acting on the application tOr the o ration permit, determines in writingthat the emission limitations o not apply tothe stationary source and the operation permit inc udes that detennination. (11) OPERATION PER IT DATES. (a) Operationpermitrequirementdate. The departm t shall promulgatebyrule a schedule of the dates when an opera onpennitisrequired for various categories ofstationary source

. (b) 1. The departm t shall promulgatebyrule a schedule of the dates when an opera ion permit application is required to 

### be submitted for various ca egories ofexisting sources. 2. A person who is equired to obtain a construction permit shall submit an applic ion for an operation permit with the application for the cons ction permit. (12) ExTENSIONS. U on agreement between the department and an applicant, the de rtment shall extend anytime limitapplicable to the department nderthis section. The department may notrequire an applicant agree to extenda timeperiod as a condition ofapproving an ap lication.

History: 1979 c. 221; 1985 182 s. 57; 1991 a. 302: 1995 a. 27; 1995 a. 227 ss. 471, 487; Stats. 1995 s. 285.62; 1997 a. 35; 2003 a. 118; 2005 a. 155.

Cross-refereoce: See also c . NR 406,407,408, 409, and490.Wis. adm. code. 

### 285.63 Criteria for rmit 

### approval. (1) REQUIREMENTS FOR ALL souRCES. The epartment may approve the application for a permit required or llowedunder s. 285.60 ifit finds: (a) Source willmeet quirements. The stationary source will meet all applicable emi sion limitations and other requirements promulgatedunder this c apter, standards ofperfonnance for new stationary sources under s. 285.27 (1) andemission standardstOr ha7.ardous air contamin ts under s. 285.27 (2); (b) Source willnotvi late orexacerbate violation of airqualitystandardorambient irincrement. The source will not cause or exacerbate a violatio ofany ambient air quality standard or ambient air incrementu der s. 285.21 (1) or (2): (c) Otherpermits aP. rovable 

## if source is operating underan emission reduction opti n. lfthe source is operating or seeks to operate under an emissi n reduction option, the required pennit applications for other so s participating 

### in that emission reduction option are approva le; and (d) Source willnotp elude constrnction oroperation of other
source. The stationary ource will not degrade the airquality in
an area sufficiently to event the construction, reconstruction, replacement, modificati n or operation of another stationary
source ifthe department receivedplans, specifications andother infonnation under s. 285.61 (2) (a) for the other stationary source priorto commencing its alysis unders. 285.61 (3) for the former Updated 09-10Wis. Slats. Database 

### 18
stationary source. This paragraph does not apply to an existing
source required to have an operation pennit. 

### (2) REQUIREMENTS FOR PERMITS FOR NEW OR MODIFIED MAJOR SOURCES IN NONATTAINMENT AREAS. Thedepartment may approve the application for a construction permit or operation permit tOr
a major source that is a new source or modified source and is located in a nonattainment area ifthe department finds that the major source meets the requirements under sub. (l) and it finds that all ofthe following conditions are 

### met:

(a) Emission offsets. By the timethe major source isto commence operation, sufficient offsetting emissions reductions have been obtained so that total allowable emissions from the major
source and from other air contaminant sources in the area designated by the department will be sufticiently less than the total emissions allowed prior to the application for the construction pennit or operation permit, so that reasonable further progress toward the attainment and maintenance ofany ambient air quality standard will be achieved.

(b) Lowestachievable emission rate. The emission from the major source will be at the lowest achievable emission rate. (c) Applicant:s other major sources meet or on schedule to meetrequirements. All othermajor sourcesthatare located 

### in this state and that are ownedoroperatedbythe permit applicant orby any entity controlling, controlled by or under common control with the permit applicant, as detennined under s. 180.1140 (6), meet orare on schedule to meet the requirements ofthis chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 and are in compliance with orare on scheduletocomeinto compliance with all applicable emissionlimitations andemission standards underthe federal clean ait act.

(d) Analysis of alternatives. Based on an analysis ofalternative sites, sizes, production processes and environmental control techniques for any major source that is located in an area**desig~** 

### nated under42 USC 7407 

### (d). that the benefits ofthe construction
or modification ofthe major source significantly outweigh the environmental and social costs imposed as a result ofthe major source's location, construction or modification.

(3) REQUIREMENTS fOR PERMITS FOR NEW OR MODIFIED MAJOR SOURCES IN ATTAINMENT AREAS. The department may approve the application for a construction permit or operation permit for a major source that is a new source or a modified source and is locatedin an attainment area ifthe departmentfinds that the major
source meets the requirements under sub. (I) and it finds:

(a) Bestavailable control technology. The source will be subjectto the best available control technology for each applicable air contaminant;

(b) Effects onair quality**ana~vzed** Theeffects on airquality
as a result ofthe source and growth associated with the source were analyzed; (c) No adverse effectonairquality relawdvalues. The source 

### will not adversely affect the air qualityrelated values ofany federal mandatory class I prevention ofsignificant deterioration area; 

### and

(d) Monitoring. Thepermit applicant agrees toconductmonitoring specified bythe department as necessary to determine the effects ofthe source on air quality. (4) EXEMPTION FROM REQUIREMENTS. The department may waive a requirementunder sub. (2) or (3) if: (a) Not applicable. The requirement is not**applicab~** to the source; or

(b) Not necessary. The requirement is not necessary to ensure that the source will have no adverse effectonair quality ifthe construction and operation or modification and operation of the
source would result in an allowable emission of less than an amount specifiedbyrule by the department.

(5) CONDITIONAL PERMIT. Thedepartmentmay issue a conditional airpollution control pennit even ifit finds that the source, as proposed, does notmeet the requirementsundersubs. (I)to (3). Ifthe department issues a conditional permit, it shall prescribe rea2009-10 Wis. Stats. da base updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 reprintedas ifcurrentlyin effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes n this Website Official?



# ----------------------------"-----·------------------------------------------------------------------------------------------Electronic reproduction of2009-l0Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

19 Updated 09-10Wis. Stats. Database



### sonable permit conditions to assure thatthe source will 

### meetthe requirements under subs. (1) to (3) ifit is constructed, reconstructed, replaced, modified or operated in accordance with those 

### conditions. (6) EXEMPTION FROM REQUIREMENTS f'OR MODIHCATIONS. The 

### department may waive a requirementunder subs. (1) to (3) ifthe application is for the modification ofa source, the source already has an air pollution control permit and the source already meets the requirements as a condition ofthat permit. (7) USE OF VOLATILE ORGANIC COMPOUND GROWTH ACCOMMoDATION. 

### (a) Subjectto the conditions and restrictions specified in this subsection, the department shall grant use of the growth accommodation 

### as a means for a !11ationary source to comply with eithersub. (1) (b) or (2) (a). orboth subs. (1) (b) and (2) (a). (b) Upon application by a source, the department shall certify to the applicant a growth accommodation credit in the amount requested subject to all ofthe following conditions: I. • The applicant demOnstrates to the satisfaction of the department that it is unable, through reasonable means which could include installation ofthe best available control technology, to eliminate its need for agrowth accommodation creditby reducing emissions ofvolatile organic compounds from any stationary sources that it owns or operates in the volatile organic compound accommodation area. Ifthe department determines that an applicant could, through reasonable means, reduce the amount of growth accommodation credit applied tOr by reducing emissions ofvolatile organic compounds from any stationary sources that it owns or operates in the volatile organic compound accommodation area, the department shall certify to the applicant a growth accommodation credit equal tothe amount requestedby the applicant minus the amount by which the department tinds the source could, through reasonable means, reduce emissions from other stationary sources that it 0\\11S or operates in the volatile organic compound accommodation area. 2. Except as provided ins. 285.69 (5) (d), the applicant is in compliance or is complying with 

### an approved schedule to be in compliance with this chapter and s. 299.15 with respect to all stationary sources that it owns or operates and has paid the fees required under s. 285.69 (5). 3. Except as provided in subd. 8., the growth accommodation reported for the current yearunder s. 285.39 (2) (b) 1., afterreduction by the amount ofthe proposedgrowth accommodation credit and any grov..th accommodation credits issued since the date of the report, is greater than 2,500 tons. 4. Ifthe growth accommodation reported for the current year under s. 285.39 (2) (b) 1., less areduction by the amount ofany growth.accommodation credjts issued since the date ofthe report under s. 285.39 (2} (b) 1

.. is greater than 3.000 tons. the department may certify to the applicant no more than the amount ofthe growth acconunodation reported for the current year under s. 285.39 (2) (b) 1.. less the sum of 2,750 tons and 

### any growth accommodation credits issued since the date ofthe report under s. 285.39 (2) (b). 

### 5. Ifthe growth accommodation reported for the currentyear under s. 285.39 (2) (b) 1., after reduction by the amount ofany growth accommodation credits issued since the date ofthe report under s. 285.39 (2) (b) 1., is greaterthan 2,500 tons but less than
or equal to 3,000 tons, the department may certify no more than 250 tons to the applicant in that year. 6. The applicant agrees to forfeit any unused growth accommodation credits that the department determines the applicant does not need, as provided under sub. (8). 

### 7. The applicant agrees not to sell or tmnsfer any amount of the growth accommodation credit to any person other than the department. 8. Ifthe growth accommodation reported for the currentyear under s. 285.39 (2) (b) 1.. afterreduction bythe amountoftheproposed growth accommodation credit and any growth accomma-. dation credits issued since the date ofthe report, would be 2,500 

### AIR POLLUTION 285.63

tons or less, the department may certify to the applicant a growth accommodation credit in the amount determined under this section if. because oftB.cility shutdowns orreplenishment activities under s. 285.39 that have occurred, the growth accommodation for the next succeeding year after reduction bythe amount ofthe growth accommodation credit will be greater than 2,500 tons. 9. An applicant shall inform the department ofthe date or dates when it will need to use any given amount ofthe growth accommodation credit. The department shall certify to the applicant the proper amount ofthe growth accommodation credit on the date which the applicant states itwill need it and shall reserve the proper amount ofthe growth accommodation credit for certification to the applicant upon the date needed, except tOr any amount which is forfeited undersub. (8). The departmentmay use reserved 

### growth accommodation credits to certify temporary 

### growth accommodation credits which expire on orbefore the date when they are certified to the source which reserved them. 10. Upon request by an applicant, the department may certify to the applicant 

### a growth accommodation credit which expires upon a date designated in the permit. The applicant shall sign a statement to acknowledge the expiration date of the permit. Growth accommodation credits issuedunderthis subdivision may be certified from growth accommodation credits reserved by another source under subd. 9. (c) Nothing in this subsection grants the recipient ofa growth accommodation credit a property right to emit volatile organic compounds. (d) Notwithstanding pars. (a) and (b) (intro.), the department may not grant 

### use ofthe growth accommodation under this subsection for an air pollution control pennit application submitted after July I, I992, as long as the growth accommodation area is designated under 

### 42 USC 

### 7407 as an ozone nonattainment area. (8) fORf'EITUREOFGROWTH ACCOMMODABON CREDITS. Within 

### 4 years after the department certifies, under sub. 

### (7}, a growth accommodation credit to an applicant or reserves for the future use ofan applicant a growth accommodation credit, and at least every 4 years thereafter, the department shall determine whether the certified orreserved growth accommodation credit is reasonably necessary for the applicant's currentuse and future plans. If the department determines that any amount ofthe certified or reserved growth accommodation credit is not reasonably necessary for the applicant's current use and if the applicant cannot demonstrate to the satisfaction ofthe department that any amount ofthe certified or reserved growth accommodation credit is reasonably necessary for the applicant's future plans, the applicant shall forfeit an amount ofthe growth accommodation credit, as determined bythe department. The department shall deposit the forfeited amount of the growth accommodation credit in the growth accommodation replenishment. (9) RESTRICTION ON EMISSION REDUCTION OPTION PROGRAMS. (a) No emissions ofvolatile organic compounds may be used in an emission reduction option program if: I. The program involves 

### a grantee ofemissions ofvolatile organic compounds that is differentthan the grantorofemissions ofvolatile organic compounds; and 2. The emissions ofvolatile organic compounds specified in the program are from a recorded source. (b) In this subsection. "recorded source" means a stationary source in the volatile organic compound accommodation area owned or operated by any person who owns or operates on May I7, 1988, a stationary source whose actual 1980 emissions ofvolatile organic compounds are recorded as zero in the 1982 plan approved by the U.S. environmental protection agency under 

### 42 USC 7502 (a). (10) REQUIREMENTS FOR MEDICAL WASTE INCINERATORS. (a) In this subsection, ''medical waste incinerator" has the meaning given in s. 287.o7 (7) (c) 1. cr. (b) In addition to the requirements under subs. (I)to (3), the department may approve an application submitted after
2009-10 Wis. Stats. database updatedandcurrent through 2011 Wis. Act39andJuly25, 2011. Statutol)l changes effective on orprior

### to 9-1-11 are printedas ifcurrentlyin effect. Statutol)l changes effective after9-1-11 are designated byNOTES. See Are The Statutes on this Website Official?

## •

Electronic reduction of2009-10 Wis. Stats. database, currentthrough 2011 Wis. Act 39 and July 25, 2011.



### 285.63 

### AIR May 14. 1992. forape 

### itrequiredorallowedunder s. 285.60 for the construction ofa me ical waste incinerator orfor the modification ofa medical wast incineratorthat expands the capacity of 

### the medical waste incine atoronlyifit finds thatthe new ormodi

### fied medical waste incin rator will 

### be needed and that

### the site of the medical waste incin tor is appropriate. (c) The departments all considerall ofthe following in evaluating the need for thepr posed medical waste incinerator: 1. An approximate service area for the proposed medical 

### waste incineratorthat en ompasses all sources ofwaste that could potentially be burned · the medical waste incinerator. The department shall delinea e the service area based on the economics ofwaste collection, nsportation and treatment. 2. The quantity of aste that couldpotentially beburned in the proposed medical aste incinerdtor and that is generated within the anticipated s ice area. 3. The remaining c pacity or design capacity ofother solid waste facilities, ifthose ilities are locatedwithin the anticipated service area ofthe prop sed medical waste incinerator and are currently providing or e expected to provide solid waste management for any sources ofsolid waste that could potentiallybe burned in the medical w te incinerator. 4. The quantity of ·te having the potential to beburned in the medical waste incine torthat may

### be managed in aneffective recycling program creat d under s. 287.11. 5. Thepotential for educing the quantity ofwaste having the potential to be burned in the medical waste incineratorby reducing the amount ofwaste that is generated within the anticipated service area and the pot ntial for using alternative technologies for disposing ofthe was e. (d) The department ay not detennine that the site ofa 

### proposed medical waste in inerator is appropriate if the medical waste incinerator orthe sportation ofsolidwaste to the medical waste incinerator wil have an adverse effect that is both substantial and unreasonabl on any ofthe following: 1. Existing recreati nallanduses. 2. Land or surface ater that has any ofthe characteristics 

### under s. 23.27 (2). 3. Scenic vistas ofs tewide significance. 4. Residential prop rty. 5. Schools, churche , hospitals, nursing homes, orchildcare facilities. 6. Projected land us s identified in any municipal master plan
or official map that is 

### in ffect at least 15 months priorto the submission to the departme t ofthe pennit application, ifthe land
uses are expected to oc rduring the site life ofthe medical waste incinerator and any exp nsions ofthe medical waste incinerator. (e) The department s all promulgate rules for makingthe findings underpar. (b).

History: 1979 c. 34, 22I; I I c. 3 !4s. 146; 1985 a. I82 s. 57; 1987 a. 27. 399; 1989 a. 56; 1991 a. 300, 302; I 3 a. 213; 1995 a. 227 s. 488; Stats. 1995 s. 285.63; 2003 a. 118; 2009 a. 185. 

### 285.64 Criteria for operation permits for stationary SOurces. (1) ISSUANC TO SOURCES NOT IN COMPLIANCE; FEDERAL OBJECTION. (a) N twithstanding s. 285.63, the department may issue an operation nnitfor a stationary source that does not complywiththe requir ents in the operationpennit, in the federal clean airact, in ani plementationplan under s. 285.11 (6)or in s. 285.63 when the o ration pennit is issued ifthe operation pennit includes all ofth following: 1. A compliance sc edule that sets forth a series ofremedial
measures that the owner or operator ofthe stationary source must take to comply with the requirements with which the stationary source is in violation w en the operation pennit is issued. 2. A requirement th at least once every6 months, the owner or operator ofthe statio ary source submitreports to the department concerning the pro ress in meetingthe compliance schedule 

### Updated 09-10Wis. Stats. Database 20

and the requirements with which the stationary source is in violation when the operation permit is issued. 

### (b) Notwithstanding par. (a) and s. 285.63, the departmentmay not issue an operation pennitto a stationary source ifthefederal environmental protection agency objects to the issuance ofthe operation pennit as provided ins. 285.62 (6) unless the department revises the operation permitto meetthe objection. (2)**ONE~**YEAR MORATORIUM ON REVOCATION. (a) The department may not revoke an operation pennit for an existing source for oneyearafterthe issuance ofthat pennitbasedupon failure of the existing source at the time ofpermit issuance to complywith this chapter and s. 299.15 and rules promulgatedunderthis chapterands.299.15. 

### (b) Notwithstanding par. (a). the department may take any other action necessary to enforce an operation permit and this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15 which apply to the existing source after issuance of
an operation pennit under this section.

Hbtory: 1979 c. 221,355: 1991 a. 302; 1995 a. 27; 1995 a. 227 s. 489: Stats. 1'195 s. 285.64. 285.65 Permit conditions. The department may prescribe conditions for an airpollution control permit to ensure compliance with this chapter and s. 299.15 and rules promulgatedunder this chapter and s. 299.15 and to ensunfcompliance with the-federal clean air act ifeachcondition is oneofthe following and ifeach condition is applicable to the source: (1) Final inspection and release ofthe project tOr permanent operation upon completion of construction, reconstruction, replacement ormodification. (2) Variances, orders or compliance schedules. (3) Requirements necessary to assure compliance with s. 

### 285.63. (4) Reasonable construction and applicable operating conditions, emission control equipment maintenancerequirements and emergency episode plans.

(5) Emission reduction options. (6) Documentation of the allocation of the available air
resource. (7) Theterms ofany electionby the permit applicant to meet more stringent emission limitations or to limit hourly, daily or annual emissions beyond what is otherwise required orto obtain
an emission reduction option.

(8) Theterms for use ofgrowth accommodation creditsunder
s. 285.63 (7) or(8), including the dates that the source expects to use the credits. (9) Requirements concerning entry and inspection as pro

### vided ins. 285.19. (10) Monitoring, record-keeping. reporting and compliance certification requirements. (11) Requirements to submit complianceplans and sChedules and progress reports. (12) Conditions necessary to iJTiplement 42 USC 7651 to 765lo and regulations under42 USC 7651 to 7651o conCerning acid deposition control. (13) Other conditions applicable to the source under the federal clean air act. (14) Other requirements specifiedby rule bythe department. History: 1979 c. 34, 221; 1987 a. 27; 1991 a. 302: 1995 a. 227 s. 49Q; Stats. 1995 s. 285.65.

Crost-referenee: See also chs, NR 406,407,408.409, and 439. Wis. adm. '-"\X1e. 

### 285.66 Permit duration and renewal. (1) CoNSTRUCTION. Unless otherwise specified in aconstruction pennit,the authorization to construct, reconstruct, replace, or modify a stationary source is valid for 18 months from the date ofissuance ofthe permit unless the pennit is revoked or suspended. The department may extend the term ofthe authorization in the construction permit for the purposes ofcommencingorcompletingconstruction, reconstruction, replacement, or modification. Unless otherwise
2009-10 Wis. Stats. da abase updatedandcurrent through 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 reprintedas IfcurrentlyIn effect. Statutorychanges etfectlve after9-1-11 are designatedbyNOTES. See Are The Statutes n this Website Official?Electronic reproduction**of2009~IO** Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.

21 Updated 09--10 Wis. Stats. Database
specified in a construction permit. the department may only 

### extend the tenn ofthe authoriz.ation in thepennitforupto 18 additional months beyond the original 18-month period. If

### construction, reconstruction, replacement, or modification is not completed within the term specified in the pennit or any extension 

### granted by the department, the applicant shall apply for anew construction permit. Notwithstanding the fact that authorization to construct. reconstruct. replace. ormodify a source expires under 

### this subsection, all conditions in aconstruction permit are permanent unless the conditions arc revised through a revision ofthe construction pennit or through the issuance ofanew construction permit. (2) OPERATION. (a) The department shall specify the term of
an operation permit in the operation permit. The termofan**opera~** tion permit issued unders. 285.62 orrenewed under sub. (3) may not exceed 

### 5years from the

## pate ofissuance orrenewal. (b) Notwithstanding par. (a), the department may not specifY that coverage under a registration permit under s. 285.60 (2g) or coverage Wldera general permitunders. 285.60 (3) expires except as follows: 1. The department may specify an expiration date for**cover~** age under a registration permit or for coverage under a general permit at the request ofan owner oroperator. 2. The department may specify aterm of

### 5years or longer for coverage underaregistration permit or for coverage under a**gen~** era\ pennit ifthe department finds that expiring coverage would significantly improve the likelihood ofcontinuing compliance with applicable requirements compared to coverage that does not expire. 3. The department may specify atenn of5 years or less for coverage tmder aregistration permit orfor coverage under a general permit ifrequired by the federal clean air act. (c) Notwithstanding par. (a), the department may specify a term oflongerthan 

### 5years for an operation permit or specify that an operation pennitdoes not expire ifall ofthe following apply: I. The operation permit is for a stationary source for which
an operation permit is required under s. 285.60 but not underthe federal clean air act. 2. The operation permit is not aregistration permit or ageneral permit. (3} RENEWAL. (a) Apermittee shall apply for renewal ofan operation permit at least 6 months before the operation permit expires. The permittee shall include any new orrevised information needed to process the application for renewal. (b) "rhe department shall follow the procedures ins. 285.62 in renewing an operation pennitfor anew source, a modified source or an existing source. (c) The department may renew an operation permitifthe criteria in ss. 285.63 and 285.64 are met. Notwithstanding s. 285.64 (1) (a), the department may deny an application forrenewal ofan operation permit for a stationary source ifthe stationary source is in violation ofits current operation permit.

History: 1979c. 34, 221; 1991 a. 302; 1995 a. 27; 19'.l5 a. 227s. 492;Stats. 1995
s. 285.66; 2003 a. 118; 2005 a. 25, 28; 2009 a. 2!t

Cross-reference: See also chs. NR 406,408,409,463,466, and 469, Wis. adm. code.
285.67 Permit 

### revision, suspension and revocation. The department shall promulgate rules establishing criteria and procedures for revising, suspending and revoking air pollution control permits.

History: 1979c. 34, 221; 19m a. 335; 1991 a. 302; 1995 a. 227 s. 491; Stats. 1995
s. 285.67.

Cross-reference: See also t'h. NR 407, Wis. adm. code.


### 285.68 Failure to adopt rule or issue permit orexemption. The failure to adopt arule or issue an airpollution control permit orthe exemption or granting ofan exemption from an air pollution control permitrequirement does not relieve any person 

### AIR POLLUTION 285.69

from compliance with any emission limitation or with any other provision oflaw.

History: 1979 c. 34; 1995 a. 227 s. 493; Stats. 1995 s. 285.68.
285.69 

### fees. (1) RULE MAKING. The depaft:?lent may promulgate rules for the payment and collection ofreasonable fees for all ofthe following: (a) Application forpermit. Reviewing and acting upon any application for a construction permit, except that the department may not impose afee on any ofthe following persons.who apply for a construction pennit: I. An owner or operator ofan entire facility for which an operation pennitis required under s. 285.60but not under the federal clean air act ifthe entire facility is covered by a registration permitunder s. 285.60 (2g). 2. An owner or operator ofan entire facility for which an operation permitis required under s. 285.60 but notunderthe federa.l clean airact ifthe entire facility is coveredby a general permit under s. 285.60 (3). (c) Request.fOr exemption. Reviewing and acting upon any request for an exemption ftom the requirement to obtain an air pollution control permit. (1d) REQUEST FOR WAIVER OF CONSTRUCTION PERMIT REQUIREMENT. An owneror operatorthat requests a waiverunder s. 285.60 (5m) ofthe requirement to obtain a construction permit shall pay to the department afee of$300. 

### (2) fEES FOR PERSONS REQUIRED TO HAVE FEDERAL OPERATION PERMITS. (a) The department shall promulgate rules for the payment andcollectionoffees bythe owneroroperatorofa stationary source for which an operation permit is required underthe federal clean air act. The rules shall provide all ofthe following: I. That fees collected in ayearbefore 2002 are based on actual emissions ofall regulated pollutants and any other aircontaminant specified by the department in the rules in the preceding year. 2. Except as providedunderpar. (d), that the fees collected in 1993 are $18 per ton ofeach regulated pollutant. 3. Except as provided underpar. (d), thatthe tees collected in 1994 are $25 per ton increased by the percentage by which the consumerprice index. as defined in 42 USC 7661a (b) (3) (B) (v), for 1993 exceeds the consumerprice index for 1989. 4. That the fees collected in each year after 1994 and before 2002 are calculatedby increasing the fees collected in the preceding year by the percentage by which the consumerprice index, as defined in 42 USC 766la(b) (3) (B) (v), increased in the preceding year. 5. That fees are notbased on emissions by an air contaminant
source in excess of5,000tonsperyear ofeach regulatedpollutant, except that, subjectto par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (I)(t), that owns or operates aphase 

### Iaffected unit as listed in Table A of42 

### USC 765

### Ic. 6. That during 1995 to 1999, no fee is required to be paid Wlder this subsection for emissions from any affected unit listed in Table A of42 USC 7651c. 7. That the fees billedfor astationary source in each yearafter 2001 are basedon the fees billed for the stationary source in 200l. 8. That the fee billed for each stationary source in each year after2001 is based on the actual emissions ofall regulated pollutants, and any other air contaminant specified bythe department in the rules, in the preceding year. 9. That fees billed in years after 2001 are determined using a perfonnance-based approach that increases a stationary source's fees in proportion to increases inthe amountofpollutants emitted bythe stationary source, as detennined under subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount ofpollutants emittedby the stationary source, as determined under subd. 8.
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 areprintedas ifcu"enUyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. 

### See Are The Statutes 

### on this Website Official?Electronic re roduction of2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011.



### 285.69 

### AIR


### Her or similar mechanism is used that nary source's fees to compensate for decreases in overall am nts ofemissions. 11. That no provisi is used that would increase the fee per unit ofpollutant emitted in order to compensate for decreases in overall amounts ofemis ions. (b) The department ay not charge a major utility fees on emissions inexcess of5, tons peryearofeach regulatedpollutant beyondthe amount ecessary to recover the fees that would have been charged for a y phase Iaffected unit listed in Table A 

### of42 USC 7651c 

### owned by 

### that majorutility ifthe prohibition in par. (a} 6. did not exist. (c) The fees collecte under pars. (a) and (e) shall be credited to the appropriations un er s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the foil wing: 1. The costs of re iewing and acting on applications for operation pennits; imple enting and enforcing operation pennits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and material to assist persons who are subjectto the operation permit progra ; ambient air quality modeling; preparing and maintaining em ssion inventories; and any other direct and indirect costs ofthe peration pennit program. 2. Costs ofany oth r activities related to stationary sources ofair contaminants. (d) The department ypromulgate arule reducing any operation pennitfee required be paidunderpar. (a) by small business stationary sources to tak into account the financial resources of small business station sources. (e) Beginning in 20 1, the owner or operator ofa stationary
source for which an ope tion pennit is required shall pay to the department an annual fi of$ .86 per ton ofactual emissions in the precedingyear ofall ircontaminants on which the fee under par. (a) is based. (2m) fEES FORSTATE PERMITSOURCES. (a) The owneroroperator of a stationary so rce for which an operation pennit is required under s. 285.6 but not under the federal clean air act shall pay to the departm nt a fee of$300 per year, except as provided in par. (b). (b) An owner orope tor to whom the department has issued
an operation permit for ne or more points ofemission from an existing source in order o limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $ ,100 per year if the operation pennit includes federally enforc able conditions thatallow the amountof emissions to be at least 0percent ofthe amount that results in a stationary source being lassified as a major source. (bm) The fees collect dunderthis subsection shall be credited to the appropriation ace unt under s. 20.370 (2) (bh) for the following purposes as they elate to stationary sources for which an operation permitis requi ed under s. 285.60but notunder the federal clean air act: 1. The costs of re ·ewing and acting on applications for operation permits; imple enting and enforcing operation permits except for court costs o other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and material to assist persons who are subjectto the operation permitprogra ; ambient airquality modeling; preparing and maintaining em ssion inventories; and any other direct and indirect costs ofthe peration permit program. 2. Costs ofany oth r activities related to stationary sources ofair contaminants. (J) ASBESTOS INSPEC ION FEES. (a) The department may promulgate rules for thepa ent and collection offees for inspecting nonresidential asbestos emolition and renovation projects regulated by the department The fees under this subsection for an inspection plus the fee u der sub. (I) (c) may not exceed $700 if the combined square a d linear footage of friable asbestoscontaining material invo ved in the project is less than 5,000. The Updated 09-10Wis. Stats. Database 

### 22

fees underthis subsection tOran inspection plus the fee under sub. (I) (c) may not exceed $1,325 ifthe combined square and linear footage offriable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirectcosts ofconducting inspections ofnonresidential asbestos demolition and renovation projects regulated by the department and for inspecting propertyproposedtobe used tOr a community fire safety training project. (b) In addition to the tees under par. (a), the department may charge all ofthe following: I. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project. 2. Afee 

### in the amount of$100 for the department to inspect property proposedto be used for a community fire safety training project tOr which the department requires inspection. 3. A fee in the amount of$100 for the department to review arevised notice ofan asbestos renoVation or demolition activity, submitted by aperson requiredby the department to provide such notice. 4. An amount equal to the inspection fee under par. (a) to inspectproperty for aprojectfor which anotice ofan asbestos renovation or demolition activity was not provided, as requiredby the department, before the project was initiated.

(c) Forthe pwposeof

### par. (a), combined square andlinear footage shall he determined by adding the number ofsquare feet offriable asbestos-containing material on areas other than pipes to the number oflinear feet offriable asbestos-containing material on pipes. (4) INFORMATION ON FEES. Jn promulgating rules under subs. (I) and (2), the department shall provide infonnation on the costs upon which the proposed fees are based. (5) GROWTH ACCOMMODATION USE FEE. (a) A one-time growth accommodation use fee shall be imposed at the time of application upon any person who obtains a certified growth accommodation creditunder s. 285.63 (7). Ifthe amount ofcredit per calendaryearvaries between calendaryears, the amount ofthe fee shaH be based upon the largest annual credit for any calendar year. Ifthe person submits more than one application in any calendaryear, the tee for the application shall be basedupon the largest cumulative credit obtained for any calendaryear. A fee is nonrefundable, exceptthat in determining afee for an application in any calendar year, the department shall credit once to the person an amount equal to any fee previouslypaid in the same calendaryear. All fees collected under this subsection shall be deposited in the general fund.

(b) Except as provided in par. (d), ifthe amount ofthe _growth accommodation credit obtained by the person in a calendar year is less than 40 tons, the amount ofthe fee shall be determined by multiplying the amount ofthe growth accommodation credit certified to the person, expressed in tons per year, by $100 perton.

(c) Except as provided in par. (d), ifthe amount ofthe growth accommodation credit obtained by the person in a calendaryear is 40 tons or more, the amount ofthe fee shall be determined by multiplying the amount ofthe growth accommodation credit certified to the person, expressed in tons peryear, by $200 perton. (d) A stationary source which is operating without an airpollution control permitrequired under s. 285.60 butwhich can demonstrate to the satisfaction ofthe department the ability to comply with this chapter and s. 299.15 afterobtaining agrowth accommo- dation creditunders. 285.63 (7) shall be requiredtopay an amount from $200 to $1,000 times the amount ofthe growth accommodation credit certified to the person, expressed in tons peryear. (6) USE OF CERTAIN FEES. The department shall use moneys collected under subs. (I) and (5) for the purposes in subs. (I)and t5). If moneys collected under subs. (I) and (5) exceed the amounts necessary for the purposes specified in subs. (1) and (5), the department may use the excess for other activities to control air pollution in this state.
2009-10 Wis. Stats. da abase updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 reprintedas IfcurrenUy In effect. Statutorychanges effective after9-1-11 are designated byNOTES. See Are The Statutes n this Website Official?

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### 23 Updated 09-10Wis. Stats. Database

(7) EMISSION REDUCTION CREDIT FEES. The department may promulgate rules for the payment offees 

### by persons who hold 

### emission reduction credits that may be used to satisfY the offset requirements in s. 285.63 (2) (a) and that have been certified by the deportment. The rules may waive the payment offees under this subsection for categories ofemission reduction credits. The fees collectedunder this subsection shall be credited to the appro· priation under s. 20.370 (2) (bg).

History: 1979 c. 34. 221; 1987 a. 27; 1989a. 56; 1991 a. 39, 269; 1993 a. 16; 1995
a. 27; 1995 a. 227 ss. 495 to 499; Stats. 1995 s. 285.69; 1997 a. 27, 35; 1999a. 9; 2001
a. 16; 2003 a. 33; 2005 a. 25: 2009 a. 28, 276.

Cross-referen«: See also ch. NR 410, Wis. adm. code.

SUBCHAPTER Vlll
MISCELLANEOUS 285.70 Confidentialityofrecords. (1) Except as provided in sub. (2), the department shall make any record, report or other information obtained in the administration ofthis chapter and s. 299.15 available to the public. (2) The department shall keep confidential any part of a record, report or other information obtained in the administration ofthis chapter and s. 299.15, other than emission data or an air pollution control permit, upon a showing satisfactory to the department by any person that the part ofarecord, report orother information would, ifmade public, divulge a method orprocess that is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c). ofthat person.

(3) Subsection (2) does not prevent the disclosure of any information to arepresentative ofthe department for the purpose of administering this chapter and s. 299.15 or to an officer, employee orauthorized representative ofthe federal government for the purpose ofadministering the federal clean air act. When the department provides information that is confidential under sub. (21 tothe federal govermnent, the department shall also provide a copy ofthe application for confidential status.

History: 1971 c. 125 s. 522(2); 1979c. 34; 1979c.221 s. 2202(39): 1981 c. 335 s. 26; 1991 a. 302; !995 a. 227 s. 460: Stat£. !995 s. 285.70_ 285.71 

### Federal aid. Subdivisions ofthis state and interlocal agencies may make application for, receive, administer and expend any federal aid for the control ofair pollution orthe develM opment and administration ofprograms related to air pollution control iffirst submitted to and approved by the department. The department shall approve any such application ifit is consistent with the purposes ofthis chapter and any otherapplicable requirements oflaw.

History: 1979 c. 34; !995 a. 227 s. 459; Stals. l995 s. 285.71. 285.73 Local air pollution control programs. (1) After consultation with incorporated units oflocal government, any county may establish and thereafter administerwithin itsjurisdicM tion, including incorporated areas, an air pollution control proM gram which: (a) Provides by ordinance for requirements compatible with,
or stricter or more extensive than those imposed by this chapter and rules issued thereunder. Such ordinances shall supersede any existing local ordinances; (b) Provides for the countywide enforcement ofsuch requireM ments by appropriate administrative andjudicial process; (c) Provides for administrative organization, staff' and finanM cial and other resources necessary to effectively and efficiently carry out its program; (d) May authorize municipalities toparticipate in the adminisM tration;nd enforcement ofair pollution programs; and (e) Is approved by the department as adequate to meet the requirements ofthis chapter and any applicable rules pursuant thereto. (2) Any county may consultwith regional planning commisM sions and may administerall orpart ofits airpollution control pro· 

### AIR POLLUTION 285.76

gram in cooperation with one ormore othercounties or municipalities. Perfonnance by oron behalfofa county pursuant to such cooperative undertaking shall 

### be considered to be performance by the county forpurposes ofthis section. (3) If the department finds that the location, character or extent ofparticularconcentrations ofpopulation, air contaminant sources, the geographic, topographic ormeteorological considerM ations, or any combinations thereof, are such as to make impractiM cable the maintenance ofappropriate levels ofair quality without an area-wide airpollution control program, the department may detennine theboundaries within which such program is necessary and require it. (4) (a) Ifthe department has reason to believe that aprogram in force pursuant to this section is inadequate to prevent and conM trot airpollution in thejurisdiction to which such program relates, or that such program is being administered in a manner inconsisM tent with the requirements ofthis chapter, the department shall, on due notice, conduct a hearing on the matter. (b) If, after such hearing, the department determines 

### that aprogram is inadequate to prevent and control air pollution in the county to which such program relates, orthat such program is not accomplishing the purposes ofthis chapter, it shall require that necessary corrective measures be taken within a reasonable period oftime, not to exceed 60 days. (c) Ifthe county fails to take such necessary corrective action within the time required, the department shall administer within such county all ofthe regulatory provisions ofthis chapter. Such airpollution control program shall supersede all county air pollution regulations, ordinances and requirements in the affected jurisdiction. (5) Any county in which the department administers its air pollution control program under sub. (4) may, with the approval ofthe department, resume a county air pollution control program which meets the requirements ofsub. (I). (6) Nothing in this chapter supersedes thejurisdiction ofany county air pollution control program in operation on July 26, 1967, but any such program shall meet all requirements ofthis chapter for a county air pollution control program. Any approval required from the department shall be deemed granted unless the department takes specific action to the contrary.

History: 1973 '· 90; 1979 c. 34 s. 2 !02 09) (g); !995 a. 227 s. 506; Stat£. 1995 s. 285.73.**Cross-reftrttJ~e:** See also ch. NR 403, Wis. adm. code. 285.75 

### County program. Instead ofstate review ofplans and specifications, the department may authorize counties which are administering approved air pollution control programs to review and approve plans, specifications and permits ofair contaminant sources being constructed, moditied or operated within thejurisdiction ofthese counties.

History: 1979 c. 34; 1995 a. 227 s. 50!; Stats. 1995 s. 285.75.**Cross-referen~e:** See also ch_ NR 403. Wis. adm. code. 285.76 

### Notice concerning proposed area redesignations. (1) Within 

### 5days afterthe department receives notificaM tion that an American Indian tribal governing body proposes to redesignate an areaunder42 USC 7474 for thepurpose ofthe federal clean air act provisions concerning the prevention ofsignifiM cant deterioration ofairquality and that a consultation meeting is requested among the tribal governing body, the federal environmental protection agency and this state, the department shall report that notification to the appropriate standing committees of the legislarure, as determined by the speaker ofthe assembly and the president ofthe senate, under s. 13.172 (3). (2) Within 15 days after receiving notification that an AmeriM
can Indian tribal governing body proposes to redesignate an area under42 USC 7474 for the purpose ofthe federal clean airactproM visions concerning the prevention ofsignificant deterioration of air quality, the department shall do all ofthe fOllowing: (a) Publish a class 1 notice, under ch. 985, ofthe proposed redesignation andrequest for consultation with the state in ancwsM
2009-10 Wis. Stats. database updatedandcurrentthrough 2011 Wis. Act39andJuly25, 2011. Statutolychanges effective onorpriorto 9-1-11 are printedas ifcurrentlyin effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. SeeAre The Statutes on this Website Official?

### Electronic re roduction of2009-l0Wis. Stats. database. currentthrough 2011 Wis. Act 39 and July 25.2011.



### 285.76 

### AIR P LLUTION

paper ofgeneral circulat on in the area that wouldbe affected by the redesignation, as det nnined using standards established by the federal environmen l protection agency, and in the official 

### state newspaper and pro ide a written statement concerning the proposed redesignation those newspapers. (b) Report that notift ation to the governor. andto the agency responsible for ad.minist ring air pollution control laws, ofany other state 

### with an area at would be affected by the redesigna

### tion, as determined usi 

### g standards established 

### by the federal environmental protectio agency. 

### (3) Within 15 days a erreceiving notification ofthe time and place ofapublic hearing der 42 USC 7474 (b) 

### (I) (A) concerning a proposal 

### by an A erican Indian tribal governing 

### body to 

### redesignate an area, the department shall provide notice ofthe time and place. ofthe p blic hearing in the manner provided in subs. (I)and (2) (a). If e departmentreceives notification ofa hearing at the same tim that it receives notification ofthe proposed redesignation, it s Icombine the newspapernotices under this subsection with the otices under sub. (2) (a). (4) The department hall submit a report to the appropriate standing committees o the legislature, as determined by the speaker ofthe assembly d the president ofthe senate, under s. 13.172 (3), on the resul s ofany consultations, under 40 CFR 52.21 (g) (4)(ii). with a American Indian tribal governing body that proposes to redesi ate an area under 42 USC 7474.

History: 1997 a. 270. 

### 285.77 Machinery u e. The department may not require the use ofmachinery, device or equipment from aparticularsupplier or produced by a partie ar manufacturer, ifthe required performance standards may be etby machinery, devices or equipment otherwise available.

History: 1979 c. 34: 1987 a. 7; Stats. 1987 s. 144.404; 1995 a. 227 s. 503: Stats. 1995 s. 285.77. 285.78 Registration of early emission reductions. 

### (1) In this section: (a) "Carbon reserve" eans any system thattakes in and stores more carbon from the a osphere than it releases to the atmosphere. (b) "Fine particulate matter" means solid or liquid particles with adiameter less than requal to 

### 2.5 micrometers oremissions that are precursors to sol d orliquid particles with adiameterless than or equal to 2.5 mic meters. (c) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrotluorocarbo s, pertluorocarbons, sulfurhexafluoride or any other gas that tra 

### s heat in the atmosphere. (2) (a) The departm nt shall establish and operate a system under which the dep ent registers reductions in emissions of greenhouse gases ifthe ductions are made before the reductions are required by

### law. Un r the system, the departmentmay register carbon sequestration m the creation orpreservation ofcarbon reserves and may re ister avoided emissions resulting from energy efficiency measu sand from the use ofrenewable energy sources. Under the sys em, the department may not register a reduction in emissions o greenhouse gases ifthe reduction was made before January I, 991. (b) The department ay establish and operate systems under which the department gisters reductions in emissions offine particulate matter, mere orotheraircontaminants identified by the department ifthe re uctions are made before the reductions arc required by law. (c) The department m y verity andquantify, orrequirethe verification and quantificati not: emission reductions that aperson seeks to register under p r. (a) or (b). 

### (d) Registration ofe ission reductions under this section is voluntary. (3) (a) The departm nt shall promulgate rules for the system under sub. (2) (a). In

### p ulgatingthe rules. the department shall make the system as cons stentas possible with other state, federal Updated 09-10Wis. Stats. Database 

### 24

and international programs designed to reduce emissions of greenhouse gases. (b) The department shall promulgate rules for any system that the department establishes under sub. (2) (b). In promulgating the rules, the department shall make the system as consistent as possible with 

### other state, federal and international programs designed to 

### reduce emissions ofthe substances covered by the sys.tem.

History: 1999a.195. 

### 285.79 Small business stationary source technical and environmental compliance assistance pregram. (1) DEFINITION. 

### In this section, "small business stationary source

.. means astationary source designatedundersub. (2) (a) or, except as provided in sub. (2) (b). a stationary source that satisfies all ofthe following criteria:

(a) Is ownedoroperatedby aperson that employs 100 orfewer individuals.

(b) Is a small business concern, as determined under 15 USC 632 (a).



### (c) Is not amajor stationary source, as defined in rules promulgated by the department. (d) Does notemit50 tons ormore peryearofanyregulatedpollutant.

(e) Emits atotal ofless than 75 tons per year ofall regulated pollutants. (2) DESIGNATIONS AND EXCLUSIONS. 

### (a) In response to apetition by a stationary source, the department may, by rule, designate as a small business stationary source any stationary source that does notmeet the criteria ofsub. (I)

### (c), (d) or(e)butthatdoes not emit atotal ofmore than I00 tons per year ofall regulated pollutants.

(b) The department may, by rule, after consultation with the administrators ofthe federal environmental protection agency and the federal small business administration, exclude from the defmition ofsmall business stationary source any category or subcategory ofstationary source that the department determines to have sufficienttechnical and financial capabilities to meet the requirements ofthe federal clean air act without the assistance provided under this section. (3) ASSISTANCE PROGRAM. 

### The department shall develop and administer a small business stationary source technical and environmental compliance assistance program. The program shall include all ofthe foJlowing:

(a) Mechanisms to develop, collect and coordinate information concerning methods andtechnologies that small business stationary sources can use to

### comply with

### the federal clean air act and programs to encourage lawful cooperation among small business stationary sources or otherpersons to further compliance with the federal clean air act. (b) Mechanisms for providing small business stationary sources with information concerning alternative technologies, process changes, products and methods ofoperation that help reduce airpollution and with other assistance in pollution prevention and accidental release detection and prevention.

(c) Acompliance assistance program that assists small business stationary sources in determining applicable requirements under this chapter and s. 299.15 and in receiving airpollution control permits in a timely and efficient manner. (d) Mechanisms to ensure that small business stationary sources receive notice oftheir rights underthe federal clean airact and state laws implementing the federal clean air act in a manner and form that assures reasonably adequate time for small business stationary sources to evaluate compliance methods and any relevant orapplicable proposed orfinal regulation or standard issued under the federal clean air act. (e) Mechanisms forreferring smallbusiness stationary sources to qualified auditors to determine compliance with the federal clean airal-"1 and state laws implementing the federal clean airact and other mechanisms for**informi~g** 

### small business stationary
2009-10 Wis. Stats. da base updatedandcurrent through 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior to 9-1-11 reprintedas ffcurrentlyIn effect. Statutorychanges effective after9-1-11 are designatedbyNOTES. See Are The Statutes n this Website Official?



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### 25 Updated 09-10Wis. Stats. Database

sources oftheir obligations under the federal clean air act and state laws. (f) Procedures for consideration ofa

### reque31 from asmall**busi~** ness stationary source for alteration ofany requiredworkpractice or technological method ofcompliance 

### with this chapteror ofthe schedule ofmeasures that must be taken to implement arequired work practice ormethod ofcompliance before an applicable compliance date, based on the technological and financial capability 

### ofthe !111311 

### business stationary source. (4) GRANTING ALTERATIONS. The department may not grant an alteration under sub. (3) (f) unless the alteration complies withthe requirements ofthe federal clean air act and any applicable plan under s. 285.11 (6). Ifthose applicable requirements are set forth in federal regulations, the department may only grant alterations authorized in those regulations.

History: !991 a. 302; !995 a. 227 s. 462; Stats. 1995 s. 285.79; 2011 a. 32. CroH-referenct': See also ch. NR 437, Wis. adm. code. 285.795 Small business environmental council. (1) The small business environmental council shall do all ofthe following: (a} Advise the department concerningthe effectiveness ofthe small business stationary source technical and environmental compliance assistance program under s. 285.79. difticulties encounteredby small business stationary sources, as defined in s. 285.79 (I), in complying with s. 299.15 and ch. 285 andthe degree and severity ofenfOrcement ofs. 299.15 and ch. 285 against small business stationary sources. (c) Review infonnation to be provided to small business stationary sources in connection with s. 299.15 andch. 285 to ensure that the information canbeunderstood by persons without technical training. (d) Provide other advice. as directed by the secretary, related to assisting small businesses in complying with federal and state airpollution laws. (2) The employees ofthe departmentwho staffthe small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business en.vironmental council -.yith the assistance necessary to comply with sub. (I).

History: 1991 a. J02: 1995 a. 227; 2007 a. 125:2011 a. 3:! s. 3334b; Stats.2011 s. 21\5.795.

SUBCHAPTER IX
ENFORCEMENT: PENALTIES 

### 285.81 Hearings on certain air pollution actions. (1) PERMIT HOLDER; PERMIT APPLICANT; ORDER RECIPIENT. Any permit, part ofa permit, condition or requirement in a pennit, order, decision or determination by the department under ss. 285.39, 285.60 to 285.69 or285.75 shall becomeeffective unless the permit holder orapplicant orthe orderrecipient seeks a hearing challenging the action in the following manner: (a) Petition. The person seeking a hearing shall file a petition with the department within 30 days after the date ofthe action soughtto bereviewed. Thepetition shall set forth specifically the issue soughtto bereviewed, the interest ofthe petitioner, the reasons why a hearing is warrdJlted and the reliefdesired. Upon receipt ofthe petition, the department shall holda hearing after at least 10 days' notice. (b) Hearing. The hearing shall be a contested case under ch. 227. At the beginning ofthe hearing the petitioner shall present evidence in support ofthe allegations made in the petition. Following the hearing the department's action maybe affirmed, modified orwithdrawn. (1m) EFf"ECT OF A CHALLENGE. (a) Subject to par. (b). ifa permitholder orapplicant seeks a hearingchallenging part ofa permit
or a cgndition or requiremc;nt in a permit under sub. (I), the remainder of the permit shall become effective and the permit 

### AIR POLLUTION 285.85

holder or applicant may, at its discretion, begin the activity for which the application was submitted orforwhichthe permitwas issued.

(b) An emission limitation contained in a construction pennit becomes effective despite a challenge under par. (a), unless the permit holder or applicant challenging the emission limitation obtains a stay of the emission limitation from the hearing examiner orcourtconsidering the challenge. (2) OTHER PERSONS. Anyperson who is not entitledto seek a hearing under sub. (1) (intro.) and who meets the requirements of
s. 227.42 (I)orwho submittedcomments in the public comment process under s. 285.62 (4) or(5) may seekreview under sub. (l) ofanypermit, part ofa permit, order, decision ordetermination by the department under ss. 285.39, 285.60 to 285.69 or 285.75. (3) MINING HEARING. Subsections (I) and (2) do not apply if
a hearing on the matter is conducted as a partofa hearing under s. 293.43. (4) REVIEW OF I>EPARTMENT DETERMINATIONS. An air pollution control permit, part ofan air pollution control permit or determination by the department under ss. 285.39, 285.60 to 285.69or 285.75 is not subject to review in any civil or criminal enforcement action for a violation ofthis chapter. This subsection does not restrict the ability ofa person to challenge an administrative rule as providedins. 227.40 (2).

History: 1979 c. 34, 221; 1985 a.**18~** s. 57; 1991 a. 302; 1995 a. 22h. 502; Stats. 1995 s. 285.81; 2003 a. 118; 2005 a. 28.

This section permits the persons identified in subs. (I) and (2) to challenge only a partofape1mit, oronly certain**COfldition~** orrequirements. Itdoes not**addre~s** when a decision issuedby an administmtive lawjudge after the administriltive hearing is final. Sierra Club v. Department ofNatural**Re~;ources,** 2007 WI App 181,304 Wis. 2d 614, 736 N.W.2d918,06-2653.

Sub. (4) provides in unequivocal terms that enumeratedpermits and determinations are not subject to review. U.S. v. Murphy Oil USA,lnc. 143 F. Supp. 2d 1054 (2001). 

### 285.83 Violations: enforcement. (1) (a) Ifthe department has reason to believe that a violation ofthis chapter or s. 299.15 orany rule promulgated or special order, plan approval or pem1it issuedunder this chapter or s. 299.15 has occurred, it may: I, Cause written notice to be served upon the alleged violator. The notice shall specifythe alleged violation, and contain the findings offact on which the charge ofviolation isbased. The notice may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no laterthan 30days afterthe date the notice and order are served, the person named in the notice and order**request~** in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead ofan order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or 2. Initiate action under s. 285.59 (8) or285.87. (b) Ifafter such hearingthe department finds that a violation has occurred, it shall affirm ormodifY its orderpreviouslyissued,
or issue an appropriate orderfor the prevention, abatement orcontrol ofthe problems involved orfor the taking ofsuch othercorrective action as maybeappropriate. Ifthe department finds that no violation has occurred, it shall rescind its order. Any orderissued
as part ofa notice orafterhearing mayprescribe one ormore dates by which necessary action shall betaken in preventing, abating or controlling the violation. (2) The notice under sub. (l) (a) 1. for an alleged violation of rules promulgatedunder s. 285.31 (3) may include a tag orother notice placed on the dispensing equipmentthatis alleged tobe in violation ofrules promulgatedunder s. 285.31 (3).

History: 1971 ,.. 125 s. 52:! (2); 1977 c. 377; 1979 c. 34 s. 980h; L 979 c. 221 s. 220:! (39); Stats. 1979 5. 144.423; 1989 a. 284; !99! a. 39; 1995 a. 227 s. 510; Stats. 1995 s. 285.83.

Cross-reference: See also chs. NR 493 and 494. Wis. adm. code. 

### 285.85 Emergency procedure. 

### (1) Ifthe secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect
2009-10 Wis. Slats. database updatedandcurrentthrough 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior

### to 9-1-11 areprintedas IfcurrentlyIn effect. Statutory changes effecUve after9-1-11 are designatedbyNOTES. See Are The Statutes on this Website Offlcial?Electronic re reduction of2009-l0 Wis. Stats. database. current through 2011 Wis. Act 39 and July 25. 2011.

285.85

human health or safety, e or she shall order persons causing or contributingto the air lution to reduce ordiscontinue**immedi~** ately the emission ofair ontaminants, and such order shall fix a 

### place andtime, not later han 24 hours thereafter, for ahearing to be held before the depa ent. Not more than 24 hours afterthe commencement of sue hearing, and without adjournment thereof, the natural reso rces board shall affinn, modify or set aside the order ofthese retary. (2) In the absence of a generalized condition ofairpollution 

### ofthe type referred to in sub. (I), if

### the secretary finds that emis

### sions from the operation ofone ormore air contaminant sources is causing imminent dan er to human health or safety, he or she may orderthe persons sponsible for the operations in question to reduce or discontinue missions immediately, withoutregard to 

### s. 285.83. In such event, the requirements for hearing and affirmance, modification or se ing aside oforders set forth in sub. (1) shall apply.

History: 1979 c. 34 ss. 91!3 , 2102 (39) (g); 1979 c. 176;**Stat~.** 1979 s. 144.424; 1995 a. 227 s. 511; Stdts. 1995

. 285.85.

Crou-reference: See also h. NR493, Wis. adm. code. 285.86 Asbestos c· ations. (1) The department may fol

### low the procedures for e issuance ofa citation under ss. 23.50 to 23.99 to collect aforfe ture from aperson who commits aviolation specified under sub. (2). (2) The department s all promulgate rules that specifY violations ofrules relating to sbestos abatement and managementthat
are promulgated under s ·. 285.11, 285.13, 285.17 and 285.27 to 

### which sub. (1) applies. a rule promulgated under this subsection, the department rna limitthe applicability ofsub. (1) based on the frequency ofvio ation and on health and environmental risks causedby the viol ion. (3) The department hall submit any proposed rules under sub. (2) to the departmen of justice. The deparbnent may notproUpdated 09-10Wis. Slats. Database 

### 26 mulgate a rule under sub. (2) unless the rule is approved by the department of justice. • History: 1999 a. 9. Cross-reference: See alsoch. NR447, Wis. adm. code.

285.87 Penaltiesforviolations relating to airpollution. (1) Except as provided ins. 285.57 (5) or285.59 (8). anyperson 

### who violates this chapter or any rule promulgated, any permit issued or any special order issued under this chapter shall forfeit not less than $10 ormore than $25,000 for each violation. Each day ofcontinued violation is a separate offense. (2) (a) Except as providedinpar. (b), anyperson who inten· 

### tionally commits an act that violates, or fails to perform an act required by this chapter, except s. 285.59, or any rule promulgated, any permit issued or any special order issued under this chapter, excepts. 285.59, shall be fined not more than $25,000per 

### day ofviolation orimprisoned for not morethan 6months orboth.

(b) Ifthe conviction underpar. (a) is for aviolation committed after another conviction under par. (a), the person is guilty ofa Class I felony, except that, notwithstanding the maximum fine specified ins. 939.50 (3) (i), the person maybe fined not more than $50,000 perday ofviolation.

History: 1979 c. 34; 1989 a. 284. 289; 1993 a. 243; 1995 a. 227 s. 511: Stats. 1995
s. 285.87; 1997 a. 283; 20()[ a. 109.

Cross-reference: Sec also ch. NR494.Wis. adm. code. In determining an entity's civil forfeitures, the trial court can considerits cooperation in remediation, its initiation ofremedial activities, the environmental harm caused, and the degreeofirs culpability. The trial court acted within its discretion in imposing a forfeiture against a contractorfor its role in improperlyremovingasbestos**~!though** a separate contractorwas responsible forthe removal. State v. TJ. McQuay, Inc. 2008 WI App 177, 315 Wis. 2d 214, 763 N.W.2d \48,07-2449.

Bccau...e the causes ofaction**a~serted** againstthe defendant for violating administrative rules governing the handling ofasbestos did notexist andwere notknown or recogni7..ed atcommon law at the timeofthe adoption ofthe Wisconsin Constitution in 1848, the defendanthad no constitutional rig1lt to ajurytriaL State v.**T.J~cQuay,** Inc, 2008 WI App 177, 315 Wis. 2d 214. 763 N.W.2d 148, 07-2449.



## •

2009-10 Wis. Stats. da abase updatedandcurrent through 2011 Wis. Act39 andJuly25, 2011. Statutorychanges effective on orprior to 9-1-11 reprintedas ifcurrently In effect. Statutorychanges effective after9-1-11 are designated byNOTES. SeeAre The Statutes n this Website Official?

## 2003 Assembly Bill 573 Date ofenactment: April 7, 2004 Date ofpublication*: April21, 2004 

# 2003 WISCONSIN ACT 192

AN ACT to amentl59.84 (2) (j), 

### 285.30 (5) (c) and 346.16 (2) (am); and 

### to create 285.30 (5)(j), 340.01 (38m), 341.05 (27), 

### 346.16 (2) 

### (ar), 346.94 (19) 

### and 346.95 (8) 

### ofthe statutes: relating to: the operation ofoff-road utility vehicles and providing a penalty.



### The people ofthe state ofWisconsin, repre..ented in senateandassembly, do enacta.•follows:

SECTION 

### 1. 59.84 (2) (j)

### ofthe statutes is amended to read: 59.84 (2) (j) Traffic types andspeedlimits. 

### Afteran expresswayproject has been certified as completed, the public body having jurisdiction over the maintenance thereofshall have the powerto

### regulate the type 

### ofvehicular use ofsuchportion ofthe expressway except as limited by federal and state laws and regulations, and the power to fix speed limits thereon not in excess ofthe maximum speed limits for state trunk highways, and to 

### provide and enforce reasonable penalties torinfraction of suchvehicular use regulation or speed limits. Notwiihstanding s. 346.16 (2). 

### the use of the expressways by pedestrians, mopeds. motor bicycles, motor scooters, bicycles, electric personal assistive mobility devices, 

### otT-road utility vehicles. funeral processions, and animals on foot and the hauling of oversized equipment without specialpermit shall beprohibitedwhen an ordinance in conformity with this section and, withrespect to 

### prohibitingthe use ofelectric personal assistive mobility devices, in confonnity with s. 349.236 (I) 

### (a) or (b) is enacted 

### by the board, but a forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). 

### Theboard may not prohibit the towing ofdisabled vehicles onexpressways, except that the board may prohibit the towing of disabled vehicles during the peak hours of?a.m. to 

### 9 a.m. and4 p.m. to 6:30 p.llh-3S 

### establishedunder county ordinance and except that the board may establish procedures for and may contract for the towing ofvehicles which have become disabled on the expressway. SECTION 

### 2. 285.30 (5) (c) ofthe statutes is amended to 

### read: 285.30 (5) 

### (c) A 

### motorvehicle exempt from registration under s. 341.05, except that a motor vehicle owned by the United States is not exempt unless it comes under par. (a), (b), 

### (d), (c), (f), 

### (g)

## '*'• (h).._QL(jJ. SECTION 

### 3. 

### 285.30 (5) 

### (j) ofthe statutes is created to read: 285.30 (5) 

### (j) An off-road utility vehicle as defined ins. 340.01 (38m). SECTION 4. 

### 340.01 (38m) 

### ofthe statutes is creatL'<i to read: 340.01 (38m) "Off-road utility vehicle" means a motorvehicle that is designed and constructed to carry no more than 2 persons and 

### to be used for collectingresidential and commercial solid waste, such as yard waste, recyclablematerials, and household garbage, rethse, and rubbish, landscaping, orincidental streetmaintenances; that is not certified by the manufacturer tor on-road use or 

## * Section 991. J

### I. WISCONSIN STATUTES 

### 2001---02: Effective date ofacts. "En.'JY

### act and every portion ofan act enacted by the legislature over the govcmor'spartial wto which does not expressly prescribe the time when it takes effect shaH take effect on the dayafter its date ofpublication
as designated" bythe secretary ofstate [the date ofpublication may not be more than lU working days after the date ofenactment].

## 2003 Wisconsin Act 192
that is certifiedbythe manufactureras meeting theequipment standards for a low-speed vehicle under 49 CFR 571.500; and that satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle under ch. 347
orthe equipment standards for a low-speedvehicle under 49 CFR 571.500. "Off-road utility vehicle" does not include any motorized construction equipment or any motor vehicle that falls within anotherdefinition under 

### this section. SECTION 

## 5. 341.05 (27) ofthe statutes is created to read: 341.05 

### (27) Thevehicle is an oll'-road utilityvehicle beingoperated in accordance with s. 346.94 (19). SECTION

### 6. 346.16 (2) (am) ofthe statutes is anJCnded toread: 346.16 

### (2) (am)**~Notwithstanding** 

### s. 349.105 and**exc~pt** 

### as provided in par. (b), 

### no person riding an electric personal**assisti~e** 

### mobility device may go upon any expressway orfreeway when official signs have been erected prohibiting persons specified in par. (a) from 

### using the expressway o.r 

### freeway. SECTION 

### 7. 346.16 (2) (ar) ofthe statutes is created to read: 346.16 

### (2) (ar) Notwithstanding s. 349.105, no person opemting an off-roadutility vehicle 

### may go upon any

# -2- 2003 Assembly Bill 573

expressway or fi·eeway when official signs have been erected prohibiting persons specified in par. (a) from using the expressway or freeway. SECTION 8. 

### 346.94 (19) ofthe statutes is created to read: 346.94 

### (19) OFF ROAD UTILITY VEHICLES ON ROADWAY 

### (a) A 

### person mayopemte an 

### off-road utility vehicle upon anyroadway that has a speed limit of35 miles per hour or less. This paragraph applies only ifthe person operating the off-roadutility vehicle is employedby, or under contract with, the state or a local govc'l'nmenial unit, as defined ins. 19.42 (7u). andthe ofF-roadutility vehicle is beingused 

### fi>r the state orlocal governmental purpose of collecting residential or commercial solid waste, landscaping, orpertbnningincidental street maintenance. and is operated on a highway for a distance not to

### exceedone halfmile. (b) Noperson may opemte an off-road utility vehicle upon any highway that has a speed limit ofmorethan 

### 35 miles per hour. SECTION 9. 

### 346.95 (8) ofthe statutes is created to read: 346.95 

### (8) Any person violating s. 346.94 (19) may be required to forfeit not less than $30 nor more than $300.

## 2007 Wisconsin Act 20 

## -554- 2007 Senate Bill 40**St:cno~** 

### 3082. 281.87 ofthe statutes is created to read: 281.87 Great Lakes contaminated sediment removal. ll1e department may expend funds !rom the appropriation under s. 20.866 (2) (ti) to pay aportion of the costs ofa project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributaty of Lake Michigan orLake Superior iffederal fimds are provided for the projectunder 33 USC**126~** (c) 

### (12). SECTION

### 3082e. 285.14 (2) ofthe statutes is amended to read: 285.14 (2) REVIEW BY 

### STANDING COMMITTU,s. At least 60 days bcfi>re the departmem is required to submit
a state implementation plan to the federal environmental protection agency, the deparunent shall prepare, and provide to the standing committees ofthe legislature with jurisdiction overenvironmental matters, under s. 13.172 

### (3) 

### areport thatdescribesthe proposed plan andcontains all of the supporting documents that the department intends tu 

### submit with the plan. ll1e depattment shall 

### also submit to the RP'issr 

### efe;tatl:H:ss legislative reference bureau for publication in the administrative register a 

### notice ofavailability ofthe report. If,

### within 30 days after the department provides the report. the chairperson ofa standing committee to which the report was provided submits written comments on the report to the depart

### ment, the secretary shall respond to the chairperson in writing within 15 days ofreceipt ofthe comments. This subsection docs not apply to a modification to a state implen1entation plan relating to an individual source. SECTION 

### 3082r. 285.23 (6) ofthe statutes is amended to read: 285.23 (6) REPORT TO STANDING 

### COMMIHEES. Before the dcparnncnt issues documents under sub. (2) and at least 60 days before the governor is required to make a submission on a nonattainment designation under 42 

### USC 7407 (d) (I) 

### (A). the department shall prepare, and provide tu 

### the standing committees ofthe legislature with jurisdiction over environmental matters under s. 13. 172 (3). a report that contains a description ofany areaproposed to he identified as 

### a nonattainment area and supporting documentation. ll1e department shall also submit to 

### the Fevisar afstatutes legislative refCrence bureau for publication in the administrative register a notice of availability of d1c report. 

## It; within 30 days after the dcparnnent submitstherepott, the chairperson ofa standing committee to which the report was provided submits written comments on the report to the department, the secretaty shall respond to the chairperson in writing o,vithin 15 days ofreceipt ofthe comments. SECTION 

### 3083. 285.30 (5) (a) of the statutes is amended to read: 285.30 (5) (a) A motor vehicle ofa model year of +9f.+ 

### 1995 orearlie1: SEcnoN 

### 3084. 285.30 (5) (b) of the statutes is amended to read: 285.30 (5) (b) A motor vehicle willl

### ofa model year of2006 or earlier that has a gross vehicle weight rating exceeding -W,OO() 

### .IU.!!Q. 

### pounds, as detetmined by the manufacturer of the vehicle and a motor vehicle of a 

### model yearof2007 or laterthat has a gross vehicle weight**mtin~ exceedin~**  

### I4.000 pounds. as detennincd by 

### the manufacturer ofthe vehicle. SECTION 

### 3085. 285.30 (5) 

### (d) of the statutes is amended to read: 285.30 (5) 

### (d) A motor vehicle of

## a model year of 2006 orearlierthat is powered by diesel fuel. SECTION

### 3086k. 287.26 ofthestatutes is amended to read: 

### 287.26 Business waste reduction and recycling assistance. The department may contract with a 

### nonprofit organization for services to 

### assist businesses to 

### reduce the amount ofsolidwaste generated orto rell'iC

### or recycle solid waste. In any contract under this section. 

### the department shall include goals and objectives. methods 

### to measure 

### pmaress toward the**~als** 

### and obiectjyes 

### and a schedule for reporting to the department on the use offunds and progress 

### toward the goals and objectives. The department may not provjde more than $2SO.OOO 

### annually underthis sc'Ction to any nonprofit organization. SECTION 

### 3086p. 287.31 (6) of the statutes is an1ended to read: 287.31 (6) 

### USEOFREVENUES. The newspaperrecycling fees collected under sub. (5) 

### shall be deposited in the rc'Cycling and renewable energy fund under s. 25.49. SECTION 

### 3087. 289.43 (7) (e) 3. ofthe statutes is amended to read: 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the "'lflrepriatiens appropri

## al.ill.u under s. 20.370 (2) 

### (dg) and**(9~** 

### (mj). SECTION

### 3088. 289.645 (3) ofthe statutes is amended to read: 289.645 (3) AMOUNT OF 

### RECYCLING FEE. 

### The fee imposed under this section is $J

### $:!.perton for all solid waste other than high--volume industrial waste. SECTION 

### 3088d. 289.645 (6) of 

### the statutes is amended to read: 289.645 (6) 

### USE OF RECYCLING FEES. 

### The fees collected under sub. (2) shall be deposited in the recycling and renewable**ener~y** 

### fund. SECTION 

### 3089. 289.67 (I) 

### (cp) of the statutes is amendedtoread: 

### 289.67 (I)

### (cp) Arnou/11 qtenvimnrnental

### repair.fee. Notwithstanding par. (em) and except as provided under par. (d). the environmental repair fee imposed underpar. (a) is Jil

### iQcents per ton for solid or hazardous waste. otherthan high-volunle industrial waste, disposed of

### en erafter JOHHill')' I. 1988, 

### bHt befere JHiy I, 1989,ana50 

### oentsper tan aispesea efan ar after JHly I. 

### 1989**~** 

### the tirst

### day ofthe first month**be~innint:** 

### atler the eftCctjve date oftbjs paragmph freyjsor inserts date] and 

### $1.60 per ton disposed ofonor after the first day ofthe

## 2007 Senate Bill 186 Date ofenactment: November 16,2007 Date ofpublication*: December 3, 2007 

# 2007 WISCONSIN ACT 33

AN ACT to renumberandamend 349.26 (1 ); 

### to amend285.30 (5) (c). 341.25 (title). 341.25 (1) (b). 

### 341.297 (I), 

### 342.14 (lr),342.14 (3m) and 349.26 (2): and to 

### t•reate 285.30 (5) 

### (k) and 349.26 (3) ofthestatutes; 

### relatingto: neighborhood electric vehicles.



### The people ofthe state ofWisconsin, represented iu senateandassembly, do enactasfollows:

SECTION 1. 

### 285.30 (5) (c) 

### ofthe statures is amended to read: 285.30(5) (c) 

### A 

### motorvehicle exempt from registration under s. 341.05. except that a motorvehicle owned by the United States is not exemptunless it comes under par. (a). (b). (d), (e). 

### (f), (g), 

### (h),.,.

### G)..QL.(k}. SECTION 2. 

### 285.30 (5) 

### (k) ofthe statutes is created to read: 285.30 (5) (k) A 

### neighborhood electric vehicle, as defined ins. 340.ot (36r). SECTION 3. 

### 341.25 (title) ofthe statutes is an1ended toread: 

### 341.25 (title) Annual and biennial registration fees; biennial motoroyolo fees. SF.CTION 

### 4. 341.25 (I) (b) ofthe statutes is amended to read: 

### 341.25 (l) (b) 

### For each motorcycle ormoped with a curb weight of I,499 pounds or less, except a specially designed vehicle under s. 341.067, which is designed for the transportation ofpersons mther than property, and for each**nej~hborbood** 

### electric yehicle abiennial fee of$23. SECTION 

### 5. 341.297 (I) 

### ofthe statutes is amended to read: 341.297 (1) A 

### motorcycle "'•moped, or**nej~hbor** 

### hood electric vehicle. as specified ins. 341.25 (I) 

### (b). SECTION 

### 6. 342.14 (lr) ofthe starures is amended to 

### read: 342.14 (lr) 

### Upon filing an application under sub. (I) 

### or (3), an environmental impact fee of$9.bythe person filing the application. All moneys collected under this subsection shall be credited 

### to the environmental fund for environmental management. This subsection does not 

### apply afterDecember 31.2007. This subsection does not 

### apply to an QPllJicatjon for a certificate oftitle for a neiwh

### borhood electric vehicle. SECTION 7. 

### 342.14 (3m) ofthe statutes is amended to read: 342.14 (3m) Upon filing an application under sub. (I) or (3), a supplemental title tee of$7.50by the owner ofthe vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer ofa decedent's interest in a vehicle to his or her surviving 

### spouse. The fee spocitied under this subsectionis in addition to any other fee specified in this section. This subsection does not 

### apply 

## to an iWJ)Iication 

### for a certificate 

### oftitle for a neighborhood electric vehicle. SEC110N 

### 8. 349.26 (l) ofthe statutes is renumbered 340.Ql (36r) and amended to read:



## * Section 991.11. WISCONSIN STAlliTES 2005····06: Etft.-ctive date ofacts. "Evl.'ly act and every portion ofan act enacted bythe legislature over the govemor·spartial vetowhich docs not expresslyprescribe the time when it takes effel-1 shaH take effect on the day after it" date ofpublication
as dcsignatL>d" by the secretary ofstate [the date ofpublication may notbe more than 10working days after the date ofcnal'tment}.

# 2007 Wisconsin Act 33 340.Dl (36r) Ialllis 

# !lesliea, ··aeigl!l!effieed"Nei\lh· borhood electric vehicle" means a self**~f9fl8llea** 

### motor vehicle that has sl!eeesnfl<lly eempletoa the neigllber heedoloetrie "ooielo AmoFiea 

### lost Pf9gFam eoodwe!Gdby the feseml 86fJaRmellt ef

### eneFgy, js pro.pelled by

### electric**~** 

### and that conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49 CFR 571.3 (b) and 57 1.500. "Neighborhood electric vehicle" does not include a golfcart. SECTION 9. 

### 349.26 (2) 

### ofthe statutes is amended to read: 349.26 (2) 

### The 

### Subject to sub 13l the governing body ofany city, town, 

## or village may by ordinance allow the use ofa neighborhood electric vehicle on aroadway that has aspeed limit of35miles perhouror less andover which the govemingholly cit)' 

## town oryjiJage hasjurisdiction. A 

### eity, town, ar•;i!lage !hat

### f'IISSes an 

### erdiniiRee 

### l:mder this seetien shall eater iete an agreement wid:f, er obtain tho eonsont ef, eaeb govomiag body 

### that shllf@s jm'-isdietion evor aooae•,•ay within lAo 

### oity, town, or vii lage. te**~ermit** 

### neighh01rheoa eleetrie ••ehieles Ia ase 

### er erass the roadway. Aa erdi!la!lee passed ooeerlilis see tio11 may eentaia a Pfll'•isien fer the eity, town, 

### or l'illage te lh:;eeEe ReigHBeFReeS eleeliris 

### veRisles dtat are 11seB 

### wilhialilo eity. 19'>1'11, 

### er villago limits. SECTION 

### 10. 349.26 (3) ofthe statutes is created to read: 349.26(3) (a) An ordinance under sub. (2) may apply to a connectinghighway, orto 

### an intersection where the roadway crosses a**stat~** 

### trunk highway, within the city, to\\n, orvillage only ifall ofthe following apply: 

# -2- 2007 Senate Billl86 I. Thecity, 

# town, orvillage provides writtennotice to the department ofthe ordinance, including identification ofany connecting highway 

## or state trunk highway intersection to which the ordinance will apply. 2. Within 21 days ofreceiving the notice under subd. 

## 1., the departmenthas provided written ororal consentto the use ofneighborhood electric vehicles on the connecting highway orthrough the intersection crossing the state trunk highway orhas failed to object to 

### the use ofneighborhood electric vehicles on the connecting highway or through the intersectioncrossing the state trunk highway. (b) 

### Ifthe department makes atimely objection under par. (a) 2., no ordinanceenacted underthis section is valid tor thatconnecting highway or that intersection crossing the state trunk highway. SECTION 

### 11. Nonstatutory provisions. (I) 

### Notwithstanding section 341.25 ofthe statutes, as affected by this act, and section 34 I.3 I 

### ofthe statutes, if
a person has licensed, prior to 

### the eftective date ofthis subsection, any neighborhood electric vehicle in accordance with an ordinance enacted by a city, town, orvillage providing for such licensing, the person may register any such neighborhood electric vehicle with the department of**tran.~portation** 

### at no additional fee tor the vehicle's entire initial registration period ifthe city, town, or village license is valid at the time that the person applies for registration with the departmentoflr'.msportation and ifthe person applies for registration within 2 years after the effective date of this subsection. The 2-year initial registration period for the neighborhood electric vehicle shall commence from the date that the certificate ofregistration is issued.

# ~hde 

# of**~hu:onsin**

2009 Assembly Bill 574 Date ofenactment: March 10,2010 Date ofpublication*: March 24,2010 

# 2009 WISCONSIN ACT 157

AN ACT ttl

### amend59.84 (2) 

### G), 346.16 (2) (ar), 346.95 (5), 347.14 (I), 

### 347.22, 347.245 (l)and 347.27 (3l; and ttl 

### create 285.30 (5) (L). 

### 341.05 (27m). 346.94 (21) and 347.02 (I) 

### (j) 

### ofthe statutes; relating to: 

### lightweight utility vehicles and providing a penalty.



### The pet1ple ofthe state t1{ Wisconsin, represented in senate andassembly, do enactas{t1lloovs:

SECTION 

## t. 59.84 (2)

## Ul ofthe statutes is amended to read: 59.84 (2) (j) 

### Trqjjic types andspeedlimits. After an expresswayprojecthas been certified as completed, the public body 

### havingjurisdiction over the maintenance 

### thereofshall have thepower tofC!,'lllate the type ofvehicular use ofsuch portion oftheexpressway except as limited by federal and state laws and regulations. and the power to tix speed limits thereon not in excess ofthe 

### maximum speed limits for state trunk highways, and to provide and enforce reasonablepenalties tor infraction of such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use ofthe expressways by pedestrians, mopeds, motor bicycles, motor scooters, 

### bicycles, electric personal assistive mobility devices, off-road utility vehicles, lichtwei2ht utility vehicles as defined in s. 346 94 12I) (a) 

### 2 except when usedto cross 

### an expressway. funeral processions, and animals on fOot and the hauling ofoversized equipment without special permit shall beprohibited when an ordinance in conformity with this section and, with respect to prohibiting the
use ofelectricpersonal assistive mobility devices. in conformity with s. 349.236 (I) (a) or (b) is enacted by the board, but a forfeiture provided therein shall not exceed d1e maximum to1feiture under s. 346.17 (2). The board may not prohibit the towing of disabled vehicles on expressways, except tbattheboardmayprohibit the towing ofdisabled vehicles during the peak hours of7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and excepttbat theboardmay establish procedures for and may contract for the towing of vehicles whichhavebecome disabled on the expressway. SECTION 

### 2. 285.30 (5) (L) ofthe statutes is created to read: 285.30 (5) (L) A lightweight utility vehicle as defined ins. 346.94 (2I) (a) 2. SECTION 

### 3. 34!.05 (27m) ofthe statutes is created to read: 341.05 (27m) The vehicle is a lightweight utility vehicle, as detined ins. 346.94 (2!) 

### (a) 2. SECTION

### 4. 346.16 (2) (ar) ofthe statutes is amended to read: 346.16 (2) (ar) Notwithstanding s. 349.105, no person operating an off-road utility vehicle or a**lightwei~:ht** 

### utilityvehicle as defined in s. 346.94 121) Ia) 2

.. may go upon any expressway or freeway when official signs have been erected prohibiting persons specified in par. (a) from using the expressway or freeway. except that a**liehtwei~hl** 

### utility vehicle may cross 

### such an expressway or freeway.



### * Section991. 11, WISCONS!"'' STATUTES 2007-"-()8: Etfecrive date ofacts. "Every act and every portion ofan act enacted by the legislature over the governor·spartial veto which dO\':s not expresslyprescribe the time when it takes effect shall take effect on the day afu..'r its date ofpublication
as designated" by the secretary ofstate [the date ofpublication may notbe more than 10 working days afterthe date ofenactment].

# ~bdt 

# of**~isconein**

2009 Senate Bill321 Date ofenactment: May 12,2010 Date ofpublication*: May 26, 2010 

# 2009 WISCONSIN ACT 311

ANACT torepeal349.26 (3); 

### lo rennmherandumend340.01 (36r); 

### to

### amend285.30 (5)(k). 341.25 (I)(b), 341.297 

### (I), 342.14 (Ir). 342.14 (3m). 346.94 (title), 349.26 (title) and 349.26 (2); and

### to create 343.32 (2) (be), 

### 346.94 (22), 346.95 (II)and 349.26 (lm)ofthe statutes; relatingto: operation oflow-speedvehicles onhighways and providing
a penalty.



### The people ofthe stale ofWi.•consin, represemed in senateandassembly, do enactasfi•llows:

SECTION 

## t. 285.30 (5) (k) ofthe statutes is amended to read: 285.30 (5) (k) A aeighbeffieee elestris low-sueed vehicle, as defined ins. 340.01**~**

## lllhlSECTION

### 2. 340.01 (36r) ofthe statutes is renumbered 340.01 (27h) andamendedtoread: 340.0I (27h)**"~loig~9effieed** 

### olostris "Low-speed vehicle" means a motor vehicle !hatis**~F"flelled** 

### by elos trio pewer B!ld that confonns to the definition and requirements for low-speed vehicles as adopted in the

. federal motor vehicle safety standards for low-speed

vehicles under49 CFR 571.3 (b) and 571.500. "Meigll 9erheed oloo!ris "Low-speed vehicle'does not include
a golfcart. SEcnoN 

### 3. 341.25 (I) 

### (b) ofthestatutes is amended to read: 341.25 (I) (b) Foreach motorcycle ormoped with a curb weight of I,499 pound' orless, except a specially designed vehicle under s. 34l.tl67, which is designed for the transportation ofpersonsrather than property, and for each noigheerlleed eleetrie low speed vehicle, a biennial fee of$23. SECTION 

### 4. 341.297 (I) 

### ofthe statutes is an1ended 

## to read: 

### 341.297 (I) A motorcycle. moped, orneighberl!eed**~low-speed** 

### vehicle, as specified in s. 341.25 (I) (b).SECTION 

### 5. 342.14 (1

### r) ofthe statutes, as affected by 2009 Wisconsin Act 28, is amendedtoread: 342.14(1r) Upon filing an application under sub. (I) 

### or(3), an environmental impact fee of$9, by the person filing the application. All moneys collected under this subsection shall be deposited inthe environmental fund for environmental management. This subsection does 

### not apply to an application for a ce•tificate oftitle tora noiglleerllee<l oloetris low···sueed vehicle. SECTION 

### 6. 

### 342.14 (3m)of1he statures. as affectedby 2009 Wisconsin Act 28, isamended to read: 342.14 (3m) Upon filing an application under sub. 

### (I) or (3), a supplen1enial title fee of$7.50 by the owner ofthe vehicle, except that this fee shall be waivedwith respect to an applicationunder sub. (3) for transfer ofa decedent's interest in a vehicle to his or her surviving spouse ordomestic partnerunderch. 770. Thefee specified under this subsection is inaddition to any other fee specifiedin this section. This subsection does not apply



## * Section 99

### t. I1. WISCONSIN STATUTES 2007-····08: Etfcctive date ofacts. "Ev<.->ry act and every portion ofan act t'llacted by the legislature over the govemor·s partial veto which docs not expressly prescribe the time when it takes cffcLi shalltake effect on the day a&--r its date ofpublimtion
as designated" by the secretary ofstate [the date ofpublication may notbe more than 10 working days after the date ofenactment].

## 2009 Wisconsin Act 311 

# -2- 2009 SenateBill321

to anapplication tora certificate oftitle fbr a neighber heed olectric low-speedvehicle. SECTION 

### 7. 343.32 (2) 

### (be) ofthe statutes is created to read: 343.32 (2) 

### (be) The scale adoptedby the secretary shall assess, for each conviction, 2 demeritpoints for a violation ofs. 346.94 (22) (c) or(d), exceptthatconvictions arising outofthe same incident oroccurrence shall be counted as a singleconviction. SECTION 

### 8. 346.94 (title) ofthe statutes is amended to read: 

### 346.94 (title) Miscellaneous prohibited 

# ru: restricted acts. SECTION 

### 9. 346.94 

### (22) ofthe statutes is created to 

### read: 346.94(22) LoW--SPEED VEHICLES OPERATED ON HIGHWAYS. 

### (a) Except as provided in par. 

### (b) and s. 349.26,

a person may operate 

## alow-speed vehicle on anyhighway thathas a speed limitof35 miles perhourorlessand thatis underthejurisdiction. for maintenance purposes. ofa municipality orcounty. (b) 

### I. Paragraph (a) applies tothe op<."flltion ofa lowspeed vehicle on a connecting highway only ifthe connectinghighway has a speed limit of25 milesperhouror less or the municipality or county withjurisdiction has adopted a valid ordinanceunder 

### s. 349.26 (2). 2. Subject to subd. 3., par. (a) applies to an intersection where the highway under the jurisdiction of the municipality or county crosses a state trunk highway or connecting highway only ifthe state trunk highway or connectinghighwayhasa speed limit atthe intersection of35 milesperhourorless and traffic at the intersection is controlledbytraffic control signals. 3. Paragraph (a) does not apply to an intersection where the highway underthejurisdiction ofthe municipality or county crosses an expressway, as defined in s. 346.57 (1) (ag), 

### or freeway. as defined ins. 346.57 

### (I) (am), or a controlled-access highway designated under

s. 83.027 or 84.25. (c) No person may operate a low-speed vehicle on any highwayexcept as authorized under this subsection

or s. 349.26 (2). (d) Noperson may operate a low-speed vehicle ata speed in excess of25 milesperhour. SECTION 

### 10. 346.95 (II)ofthe statutes is created to read: 346.95 

### (ll) Any person violating s. 346.94 (22) (c) 

### or (d) mayberequiredto forteit not more than $200. SECTION 

## 11. 349.26 (title) ofthe statutes is amended to read: 349.26 

### (title) Authority to allow 

### or prohibit the operation of neighborhood eleelrie low speed vehicles. SECTION 

### 12. 349.26 (Im) ofthe statutes is createdto read: 349.26 (1m) 

### The governingbody ofany municipalityorcountymaybyordinanceprohibitthe operation of low-speed vehicles on any highway that is under the jurisdiction, for maintenancepurposes, ofthe municipality orcounty. A county ordinance enactedunderthis sub

### section does not apply within any municipality that has enacted orenacts an ordinance under sub. (2). SECTION 13. 

### 349.26 (2) ofthe statutes is amended to 

### read: 349.26 

### (2) SYbjost 

### te 

### 1mb. (J ), 

### tho The governing body ofany sity, tewR, 

### er village municipality may by ordinance allow the use ofa aeighl>emeea elestris

## k!=**~vehicle** 

### on a roadway that has a speed limit of

### 35 

### miles per hour or less and ave'F wBisR tHe sitryr, tewa, er ¥illage 

### that is located within the territorial boundariesof !hemunicipality retjardless ofwhetherthe municipality 

### hasjurisdictionover the roadway.**S~:CTION** 

### 14. 349.26 (3) ofthe statutes is repealed. SECTION 15.

### Initial applicability. (I) 

### This act tlrst applies to vehicles operated on the effective date ofthis subsection. SECTION 16.

### Effective date. (I) This act takes eflect on the tirst day ofthe 5th monthbeginning afterpublication.561 DEPARTMENT OF NATURAL RESOURCES NR485.03
Unofficial Text (See Printed Volume). Currentthrough dateand Register shown on Title Page.



## ChapterNR485 CONTROL OF EMISSIONS FROM MOTOR VEHICLES, INTERNAL COMBUSTION ENGINES AND MOBILE SOURCES; TAMPERING PROHIBITION

NR485.01 NR 4!oi5.02 NR 485.03 NR485.04 NR 4S5.045 NR 485.05 Applicability; purpose. Definitions. General limitations. Motor Yehicle emission limitations; exemptions. Repairoosl limit for vehicle inspection program. Visible emission limits for motor vehicleli, internal combustion

engines 3nd mobile**source~;.**

Note: Corrections made under s. 13.93 (2m) {b) 7., Slats

.. Register, January. 1997, No. 493.

NR 485.01 

### Applicability; purpose. (1) APPliCABILITY. This chapter applies to all motorvehicles, internal combustion engines and mobile air contaminant sources and to their
owners andoperators. (2) PuRPOSE. This chapter is adopted under ss. 285.11. 285.13, 285.30 and285.39, Stats., to establish emission limitations for motor vehicles, internal combustion engines and mobile air contaminant sources, to prohibit any person from tampering with the air pollution control equipment ofa motor vehicle and to require tampering inspections.

History: Cr.**Regi~ter.** September, 1986, No. 369, elf. 1(1--1-86: am. (2), Register, July, !989. No. 403, eff. 8···1-89; am. (1), Register, February, 1990, No. 410, eff. 3·-1-·90; am. (1), Register, May. 1992. No. 437, eff. 6--1 ··92.
NR485.02 

### Definitions. The definitions contained inch. N R 400 apply to the terms used in this chapter. In addition, the following definitions apply tothe terms used in this chapter: (1) "Adjusted loaded vehicle weight" or "ALVW" means the numerical average ofa vehicle's curb weight and its gross vehicle weightrating. (2) "Airpollution control equipment" hasthe meaninggiven ins. 285.30 (6) (a) 1., Stats. (5) "Basic vehicle frontal area" means the area enclosedby the geometric projection ofthe basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and airdeflectors, onto a plane perpendicularto the longitudinal axis ofthe vehicle. (6) "Curb weight" means the actual or the manufacturer's estimated weight ofthe vehicle in operational status with all standard equipmentplus the weight offuel at nonnal tank capacity and the weight ofoptional equipment. (7) "DOT" means the Wisconsin department oftransportation. (10) "Gross vehicle weight rating" or "GVWR" means the weight specified by the vehicle manufacturer as the maximum allowable loaded weight ofa single vehicle. (11) "Heavy-duty vehicle" means any motor vehicle rated at more than 8,500 pounds GVWR or that has a vehicle curb weight-ofmore than 6,000 pounds or that has a basic vehicle frontal area in excess of45 square feet. (12) "Homemade vehicle" has the meaning given in s. 341.268 (I) (b), Stats. (13) "Light-duty truck" means any motor vehicle rated at 8,500 pounds GVWR or less and which has a vehicle curb weight of6,000 pounds or less and which has a basic vehicle frontal area of45 square feet orless, and which is one ofthe following: NR 485.055

NR485.06 NR 485.07 Particulate emission limit for gasoline and diesel internal combustion engines. Tampeling with air pollution control equipment. Inspection requirement for motor vehicle tampering.

(a) Designed primarily for purposes of transportation of property or is a derivation ofsuch a vehicle. (b) Designed primarily for transportation ofpersons and has
a capacity ofmore than 12 persons. (c) Available with special features enabling off-streetoroff-- highway operation and usc. (14) "Light-dutyvehicle" means a passengercarorpassenger carderivative capable ofseating 12 passengers or less. (15) "Loaded vehicle weight" or "LVW" means a vehicle's curb weight, in potmds, plus 300 pounds. (16) "Model year" means the nominal yearofmanufacture ofthe original vehicle within the annual production period ofthe vehicle as designated bythe manufacturer, or ifa reconstructed
orhomemade vehicle, the first year oftitJing.lfthemanufacturer does not designate a production period, the tenn"model year"
means the calendar yearofmanufacture. (17) ''Reconstructed vehicle" has the meaning given in s. 341.268 (I) (d), Stats. (19) "Tamper" has the meaning given ins. 285.30 (6) (f) 3., Stats.

(20) "Tampering inspection" means an inspection for :ampering ofairpollution control equipment. (21) "Tier I emission standards" means the standard; for light-duty vehicles ofmodel year 1994 and newer and "tightduty trucks ofmodel year 1994 and newer in section 202 (! and (h) ofthe federal clean air act, 42 USC 7521 (g) and (h). (22) "Transient driving cycle" means the 240 second jriving cycle specified in Appendix E to SubpartS of40 CFJt part 51, incorporatedby reference in s. NR 484.04 (8).

(23) "Transient emission test" means the emission test ;pecified in 40 CFR 51.357 (a) (II), as in effect on July I, •998, which consists of240 seconds ofmass emission measurement while the vehicle is driven on a dynamometer.

History: Cr.**Regi~ter.** September, 19R6,No. 369. etf. lQ--1-86; r. and recr. Register, July, 191!9, No. 403, eft: 1!-1-89; am. (intro.), Register, June, 1993, No. 450, eff. 7·-I-··93; r. and recr., Register. December, 1995, No. 480, eff. I·- I·· -96; am. (8), (9) and (23), Register. November. 1999, No. 527, efi 12-1-99: correction in (!8) and {22) made under s. 13.93 (2m) {b) 7

.. Stats., Register, January, 2001, No. 541: CR IO--o49: r. (3), (4), (8), (9), (18) Register November 2010 No. 659, eft". 12-1-10.

NR485.03 

### General limitations. Noperson maycause, allow or pennit emissions ofparticulate matter, sulfur oxides, hydrocarbons, carbon monoxide, nitrogen oxides, orodors from
a motor vehicle, internal combustion engine, or mobile source which substantially contribute to the exceeding ofan air standard orcreate air pollution.

Hilltory: Renwn. from NR !54.17 (1). Register, Septemb<..'T". 1986, No. 369, eff. 10--1-·1!6; am. Register, July, 1989, No. 403, efT. 8-1-89;am. Regbter, May, 1992, No. 437. cff. 6-1--92.

Register, November, 20I0, No. 659

### NR485.04 WISCONSIN ADMINISTRATIVE CODE 

### 562

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.



### NR 485.04 Motor vehicle emission limitations; 

### exemptions. (1) APPLICABILITY. Except as provided 

### in subs. (9) and ( 10), the emission limitations in this section apply to motor vehicles subject to inspection under s. 110.20 (6) (a), Stats., when inspected underch. Trans 

### 131. (2) TRANSIENTEMISSION TEST. Exceptasprovided in sub. (7), any motor vehicle undergoing the transient emission test may not emit from the exhaust system: (a) Carbon monoxide in rates that exceed both:

1. The applicable composite emission rate in Table 1when measmed overthe entire transient driving cycle. 2. The applicable phase 2 emission rate in Table I when measured from second 94 to the end ofthe transient driving cycle. (b) Hydrocarbons in rates that exceedboth:

1. The applicable composite emissionrate in Table 1when measured over

### the entire transient driving cycle. 2. The applicable phase 2 emission rate in Table 1 when measured from second 94 to the end ofthe transient driving cycle. (c) Oxides ofnitrogen in a rate that exceeds the applicable composite emission rate in Table I when measured over the entire transient driving cycle, except asprovided in sub. (9). (5) GAS CAP INTEGRITY TEST. Any motor vehicle gas cap undergoing a test tOr pressure leaks on a gas cap testerrig may not exhibit a pressuredecay of6 inches ofwaterormore during
a 10 second measurementperiod after the gas cap is pressurized to 28± 1.0 inches ofwater. 

### (7) FAST·i'ASS TRANSIENT EMISSION TEST. Compliance with the emission limitations in sub. (2) for the transient emissiontest may be demonstratedpriorto the completion ofthetest ifall of the following conditions are met during the same second ofthe transient driving cycle: (a) 

### Hydrocarbons. Forhydrocarbons, one ofthe following:

I. At least 30 seconds ofthe transient driving cycle has elapsed and the cumulative emission level of hydrocarbons, measured from the start ofthe cycle in grams, is less than the applicable compositefast-pass emission limitation in sub. (1) of 

### Table 3. 2. At least 94 seconds ofthe transient driving cycle has elapsed and the cumulative emission level of hydrocarbons,

Register, November, 20I0. No. 659 

### measured from second 94 ofthe cycle in grams, is less than the applicable phase 2 fast-pass emission limitation in sub. (1) of 

### Table 3. (b) Carbon monoxide. 

### Forcarbon monoxide, one ofthe fol· lowing: 1. At least 30 seconds ofthe transient driving cycle has 

### elapsed and the cumulative emission level ofcarbon monoxide, measured from the start ofthe cycle in grams, is less than the 

### applicable composite fast--pass emission limitation in sub. (2) of Table 3. 2. At least 94 seconds ofthe transient driving cycle has 

### elapsed and the cumulative emission level ofcarbon monoxide, measured from second 94 ofthe cycle in grams, is less than the applicable phase 2 fast-pass emission limitation in**su~.** (2) of 

### Table 3. (c) Oxides of nitrogen. Except asprovidedin sub. (9), at least 30 seconds ofthe transient driving cycle has elapsed and the cumulative emission level ofoxidesofnitrogen. measured from the start ofthecyclein grams. isless than the applicable**compos~** ite fast-pass emission limitation in sub. (3) ofTable 3. (9) EFFECTIVE DATE FOR OXIDES OF NITROGEN REQlllREMENTS. An inspection under s. 110.20 (6) (a), Stats., shall include an inspection for emissions ofoxides of nitrogen. However, the emission limitations for oxides ofnitrogen in subs. (2) (c) and (7) (c) shall apply for compliance purposes onlyto inspections conducted after May l, 200I. (10) EXEMPTIONS. In addition tothe vehicles specified ins. 285.30 (5), Stats

.. the following motor vehicles arc exempt from the emission limitations ofthis section: (a) A motor vehicle powered solely by electricity. (b) A motor vehicle registered under s. 341.266 (2) (a) or 341.268 (2) (a), Stats., except as provided in sub. (ll). 

### (11) PERIODIC TESTING OF COLLEClOR AND HOBBYIST VEHICLES. A motor vehicle registered under s. 341.266 (2) (a) or 341.268 (2) (a), Stats., shall be inspected andsubject to the**emis~** sion limitations ofthis section only in conjunction with any of the following actions: (a) Initial registration ofthe vehicleunder s. 341.266 (2) (a)
or341.268 (2) (a). Stats. (b) Any transfer ofownership ofthe vehicle.562-1 

### DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Tablet Emission Limitations ForThe Transient Emission Test (1) MOTOR VEHICLES INSPECTED BETWEEN DECEMBER I, 1995. AND NOVEMBER 30, 1996. (a) Lighr-Duty Vehicles. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 

### Composite Phase 2 Composite 

### 1996 and newer 0.90 0.60 17.5 14.0 2.3**1991~1995** 1.40 0.90 23.0 18.5 3.0 1983-1990 2.30 1.40 35.0 28.0 3.5 1981-1982 2.30 1.40 70.0 55.0 3.5 1980 2.30 1.40 70.0 55.0 7.0 1977-1979 8.50 5.30 100 80.0 7.0 1975-1976 8.50 5.30 100 80.0 10.5 1973-1974 11.5 7.25 175 140 10.5 1968-1972 11.5 7.25 175 140 11.5
(h) Light-Duty Trucks with GVWR of6.000pounds orless. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen 

### Model Years (grams/mile) (grams/mile) (grams/mile) Composite 

### Phase 2 Composite Phase 2 Composite 1996 and newer 1.15 0.75 23.0 18.5 3.0 1991-1995 2.75 1.75 70.0 55.0 3.5 !988-1990 3.70 2.30 90.0 72.0 4.0 1984-1987 3.70 2.30 90.0 72.0 8.0 1979-1983 8.50 5.30 115 90.0 8.0 1975-1978 9.20 5.80 140 110 10.5 1973-1974 11.5 7.25 175 140 10.5 1968-1972 11.5 7.25 175 140 11.5
(c) Light-Duty Trucks with GVWR of6.00/ to 8,500pound-; andHeavy-Duty Vehicles with GVWR of8,500pounds orless. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen**M~del** 

### Years (grams/mile) (grams/mile) (grams/mile) 

### Composite Phase 2 

### Composite Phase 2 

### Composite 1997 and newer 1.15 0.75 23.0 18.5 3.0 1991-1996 2.75 1.75 70.0 55.0 5.2 1988-!990 3.70 2.30 90.0 72.0 5.8 1984-1987 3.70 2.30 90.0 72.0 8.0 1979-!983 8.50 5.30 115 90.0 8.0 1975-1978 9.20 5.80 140 110 10.5 1973-1974 11.5 7.25 175 140 10.5 1968-1972 ll.5 7.25 175 140 11.5
(d) Heavy-Duty Vehicles with GVWR of8,50/ to 10,000pounds. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) 

### Composite Phase 2 

### Composite Phase 2 

### Composite 1998 and newer 2.75 1.75 70.0 55.0 4.5 1991-1997 3.70 2.30 70.0 55.0 7.0 1987-1990 3.70 2.30 90.0 72.0 9.0 1985-1986 5.75 3.60 90.0 72.0 9.0 1979-1984 8.50 5.30 ll5 90.0 9.0 1974-1978 11.5 7.25 175 140 11.5 !97o-1973 1!.5 7.25 200 160 11.5 1968-1969 23.0 14.5 230 185 17.5

Register, November, 2010, No. 659

### NR485.04 WISCONSIN ADMINISTRATIVE CODE 562-2


### Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 1 (continued) Emission Limitations For The Transient Emission Test (e) Heavy-Duty Vehicles with GVJVR greater than 10,000pounds. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen 

### Model Years (gramsimile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1998 and newer 5.50 3.50 140 110 9.0 1991-1997 7.40 4.70 140 110 14.0 1987-1990 7.40 4.70 185 150 18.5 1985-1986 11.5 7.25 185 150 18.5 1979-1984 13.0 8.20 205 165 18.5 1974-1978 15.0 9.50 230 185 23.0 197()-1973 15.0 9.50 260 210 23.0 1968-1969 27.0 17.0 290 230 35.0 (2) MOTOR VEHICLES INSPECTED BETWEEN DECEMBER I, 1996, AND NOVEMBER 30, 1997. (a) Light-Duty Vehicles. Hydrocarbons 

### Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite 

### Phase 2 Composite Phase 2 Composite 

### 1996 and newer 0.80 0.50 15.0 12.0 

### 2.0 1991-1995 1.25 0.75 20.0 16.0 2.5 1983-1990 2.00 1.25 30.0 24.0 3.0 • 198!-1982 2.00 1.25 60.0 48.0 3.0 1980 2.00 1.25 60.0 48.0 6.0 1977-1979 7.50 5.00 90.0 72.0 6.0 1975-1976 7.50 5.00 90.0 72.0 9.0 1973-1974 10.0 6.00 150 120 9.0 1968-1972 10.0 6.00 !50 120 10.0 (b) Light-Duty**Trock~** with GVWR of6,000pounds orJess. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years 

### (gram..Jmile) (grams/mile) (grams/mile) Composite 

### Phase 2 Composite Phase 2 Composite 1996 and newer 1.00 0.63 20.0 16.0 2.5 199!-1995 2.40 !.50 60.0 48.0 3.0 1988-1990 3.20 2.00 80.0 64.0 3.5 1984-1987 3.20 2.00 80.0 64.0 7.0 1979-1983 7.50 5.00 100 80.0 7.0 1975-1978 8.00 5.00 120 96.0 9.0 1973-1974 10.0 6.00 !50 120 9.0 1968--1972 10.0 6.00 !50 120 10.0 (c) Light-Duty Tmcks with GVWR of6,00/ to 8,500pounds andHeavy-Duty 

### Jtehides with GVWR qf8,500pounds orless. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1997 and newer 1.00 0.63 20.0 16.0 2.5 199!-1996 2.40 !.50 60.0 48.0 4.5 • 1988-1990 3.20 2.00 80.0 64.0 5.0 1984-1987 3.20 2.00 80.0 64.0 7.0 1979-1983 7.50 5.00 100 80.0 7.0 1975-1978 8.00 5.00 !20 %.0 9.0 1973-1974 10.0 6.00 !50 120 9.0 1968-1972 10.0 6.00 !50 120 10.0

Register, November, 2010, No. 659562-3 DEPARTMENT OF NATURAL RESOURCES 

### NR485.04
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 1 (continued) 

### Emission Limitations For The Transient Emission Test (d) Heavy-Duty Vehicles with GVWR o/8.501 to 10.000pound•. 

### Hydrocarbons Carbon Monoxide 

### Model Years (grams/mile) (grams/mile) Composite Phase 2 

### Composite Phase 2 1998 and newer 2.40 1.50 60.0 48.0 1991-1997 3.20 2.00 60.0 48.0 1987-1990 3.20 2.00 80.0 64.0 !985-1986 5.00 3.10 80.0 64.0 1979--1984 7.50 5.00 100 80.0 1974-1978 10.0 6.00 150 120 197()--1973 10.0 6.00 175 140 !968-1969 20.0 12.5 200 160 (e) Heavy-Duty Vi?hicles with GVWRgreaterthan 10,000pounds. 

### Hydrocarbons Carbon Monoxide Model Years 

### (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 1998 and newer 4.80 3.00 120 96.0 1991-1997 6.40 4.00 120 96.0 1987-1990 6.40 4.00 160 128 1985-1986 10.0 6.00 160 128 1979-1984 11.5 7.00 180 145 1974-1978 13.0 8.00 200 160 197()--1973 13.0 8.00 225 180 1968-1969 24.0 15.0 250 200 (3) MoTOR VEHICLES lNSI'ECTED BETWEEN DECEMBER I. 1997. AND NOVEMBER 30, 1991¢. (a) Light-Duty Vehicles. Hydrocarbons Carbon Monoxide Model Years (grams/mile) (grams/mile) Composite**Pha.<~e** 2 Composite Phase 2 1996 and newer 0.60 0.40 10.0 8.0 !994-!995

Tier 11 0.60 0.40 10.0 8.0 Not Tier 11 0.80 0.50 15.0 12.0 1991-1993 0.80 0.50 15.0 12.0 1987-!990 1.10 0.70 20.0 16.0 !983-1986 2.00 1.25 30.0 24.0 !981-!982 2.00 1.25 60.0 48.0 1980 2.00 1.25 60.0 48.0 !977-1979 7.50 5.00 90.0 72.0 1975-1976 7.50 5.00 90.0 72.0 1973-!974 10.00 6.00 ISO 120 1968-1972 10.00 6.00 !50 120 (b) Light-Duo• Trucks with GVWR of6,000pounds orless. Hydrocarbons Carbon Monoxide Model Years (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 1996 and newer

(s3750 lbs LVW)2 0.60 0.40 10.0 8.0 (>3750 lbs LVW)' 0.80 0.50 13.0 10.0 !994-1995

Tier 1 3 ( s 3750 lbs LVW)4 0.60 0.40 10.0 8.0 (>3t50 lbs LVW)4 0.80 0.50 13.0 10.0 Oxides ofNitrogen (grams/mile) 

### Composite 4.0 6.0 8.0 8.0 8.0 10.0 10.0 15.0

Oxides ofNitrogen (grams/mile) Composite 8.0 12.0 16.0 16.0 16.0 20.0 20.0 30.0

Oxides ofNitrogen (grams/mile) Composite 1.5

1.5 2.0 2.0 2.5 3.0 3.0 6.0 6.0 9.0 9.0 10.0

Oxides ofNitrogen (grams/mile) Composite

1.5 1.8

1.5 1.8

Register, November, 2010, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 562-4
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table I (continued) Emission Limitations ForThe Transient Emission Test Hydrocarbons 

### Carbon Monoxide Oxides ofNitrogen 

### Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 

### Not Tier 1 1.60 1.00 40.0 32.0 2.5 199]-]993 1.60 1.00 40.0 32.0 2.5 1988-1990 2.20 1.40 55.0 44.0 3.0 1987 220 1.40 55.0 44.0 5.5 1984-1986 3.20 

### 2.00 80.0 64.0 7.0 1979-1983 7.50 5.00 100 80.0 7.0 1975-1978 8.00 

## s.oo 120 96.0 9.0 1973-1974 10.0 6.00 150 120 9.0 1968-1972 10.0 6.00 1SO 120 10.0 (c) Light-Duty**Tn~cks** with GVWR of6,00J to 8,500pounds andHemy-Duty Vehicles with GVWR**~{8,500**pounds or less. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen 

### Model Years (grams/mile) (grams/mile) (grams/mile) Composite 

### Phase 2 Composite 

### Phase 2 Composit'C 1997 and newer

(s5750 lbs ALVW)' 0.80 0.50 13.0 10.0 1.8 (>S750 lbs ALVW)' 0.80 

## o.so IS.O 12.0 2.0 1996



### Tier J6 (s 57SO lbs ALVW)7 0.80 0.50 13.0 10.0 1.8 (>5750 1bs ALVW)7 0.80 

## o.so 1S.O 12.0 2.0



### Not Tier 16 1.60 1.00 40.0 32.0 3.S 1991-1995 1.60 1.00 40.0 32.0 3.S 1988-1990 2.20 1.40 

## ss.o 44.0 4.0 1987 2.20 1.40 S5.0 44.0 

### 5.5 1984-1986 3.20 2.00 80.0 64.0 7.0 1979-!983 7.50 5.00 !00 80.0 7.0 j 1975-1978 8.00 5.00 120 %.0 9.0 

# r 1973-1974 10.0 6.00 !50 120 9.0 

# k 1968-1972 10.0 6.00 ISO 120 10.0 

# i (d) Heavy-Duty Vehicles with GVWR of8,501 to 10,000poundo;.

,, Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (gmms/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite l998 and newer 2.00 1.25 30.0 24.0 4.0 !991-!997 2.00 1.25 40.0 32.0 5.0 1987-1990 2.40 !.SO 

## ss.o 44.0 7.0 198S-1986 5.00 3.10 80.0 64.0 8.0 • 1979-1984 7.SO 5.00 100 80.0 8.0 1974-1978 10.0 6.00 ISO 120 10.0 !97Q-I973 10.0 6.00 175 140 10.0 1968-1969 20.0 

### 12.5 200 160 IS.O (e) Hem'}'-Duty Vehicles with GVWR greater than 10,000pounds. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1998 andnewer 3.50 2.00 60.0 48.0 7.0 199!-1997 3.50 2.00 70.0 56.0 9.0 1987-1990 4.50 2.80 100 80.0 13.0 1985-1986 10.0 6.00 160 128 16.0 1979-1984 11.5 7.00 180 14S 16.0

Register, November, 2010. No. 659562-5 DEPARTMENT OFNATURAL RESOURCES 

### NR485.04
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 1 (continued) Emission Limitations For The Transient Emission Test 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) 

### Composite Phase 2 

### Composite Phase 2 Composite 1974 1978 13.0 8.00 200 160 20.0 197()-!973 13.0 8.00 225 180 20,0 1968-1969 24.0 15.0 250 200 30.0 (4) MOTOR VBIICLES INSPECTED BETWEEN DECEMBER I, 1998, AND MARCH 31,2006. (a) Light-Duty Vehicles. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen 

### Model Years (grams/mile) (grams/mile) (grams/mile) 

### Composite Phase 2 Composite Phase 2 Composite 1996 and newer 0.60 0.40 10.0 8.0 1.5 1994-1995



### Tier 11 0.60 0.40 10.0 8.0 1.5 

### Not Tier 11 0.80 0.50 15.0 12.0 2.0 1987-1993 0.80 0.50 15.0 12.0 2.0 1983-1986 2.00 1.25 30.0 24.0 3.0 1981-1982 2.00 1.25 60.0 48.0 3.0 1980. 

### 2.00 1.25 60.0 48.0 4.0 1977-1979 3.00 2.00 65.0 52.0 4.0 1975-1976 3.00 2.00 65.0 52.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0
(b) Light-Duty Trucks with GVWR of6,000pound<; orless. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite 

### Phase 2 Composite Phase 2 Composite 1996 and newer

(,;3750 lbs LVW)2 0.60 0.40 10.0 8.0 1.5 (>3750 lbs LVW)2 0.80 0.50 13.0 10.0 1.8 1994-1995

Tier 13 (,;3750 lbs LVW)4 0.60 0.40 10.0 8.0 1.5 (>3750 lbs LVW)4 0.80 0.50 13.0 10.0 1.8 Not Tier 13 1.60 1.00 40.0 32.0 2.5 1988-1993 1.60 1.00 40.0 32.0 2.5 1987 1.60 1.00 40.0 32.0 4.5 1984-1986 3.20 2.00 70.0 56.0 4.5 1979-1983 3.40 2.00 70.0 56.0 4.5 1975-1978 4.00 2.50 80.0 64.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0 (c) Light-Duty Trucks with GVWR 

### of6.001 to 8.500poun<k andfleavy-Duty Vehicles with GVWR 

### o/8.500pound< orless. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1997 and newer

(,;5750 lbs ALVW)5 0.80 0.50 13.0 10.0 1.8 (>5750 lbs ALVW)' 0.80 0.50 15.0 12.0 2.0 1996

Tier 16 (,;5750 lbs ALVW)7 0.80 0.50 13.0 10.0 1.8

Register, November, 20 !0, No_ 659

### NR485.04 WISCONSIN ADMJNJSTRATJVE CODE 562-6
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Table 1(continued) Emission Limitations For The Transient Emission Test 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (gramsimile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite (>5750 lbs ALVW) 0.80 0.50 15.0 12.0 2.0

Not Tier 1 6 1.60 1.00 40.0 32.0 3.5 1988-1995 1.60 1.00 40.0 32.0 3.5 1987 1.60 1.00 40.0 32.0 4.5 1984-1986 3.20 2.00 70.0 56.0 4.5 1979-1983 3.40 2.00 70.0 56.0 4.5 1975-1978 4.00 2.50 80.0 64.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0 (d) Heavy-Duo• Vehicles with GVWR o/8.501 to /0,000pounds. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (gramsimile) (gramsimile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1998 and newer 2.00 1.25 30.0 24.0 4.0 1991-1997 2.00 1.25 40.0 32.0 5.0 1987-1990 2.00 1.25 40.0 32.0 6.0 1985-1986 5.00 3.10 80.0 64.0 8.0 1979-1984 7.50 5.00 100 80.0 8.0 1974-1978 10.0 6.00 150 120 10.0 197(1-1973 10.0 6.00 175 140 10.0 1968-1969 20.0 12.5 200 160 15.0 (e)**Heavy~**Duty Vehicles with GVWR**~:,:treater** than 10,000pounds. 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (gramsimile) (gramsimile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1998 and newer 3.50 2.00 60.0 48.0 7.0 1991-1997 3.50 2.00 70.0 56.0 9.0 1987-1990 3.50 2.00 70.0 56.0 11.0**19~5-1986** 10.0 6.00 !50 120 16.0 1979-1984 11.5 7.00 150 120 16.0 1974-1978 13.0 8.00 150 120 20.0 197(1-1973 13.0 8.00 175 140 20.0 

# . 1968-1969 24.0 15.0 200 160 30.0 (5) MOTOR VEHICLES INSPECTED ON AND AFTER APRIL I, 2006. (a) Light-Duty Vehicles. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (gramsimile) (gramsimile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1996 and newer 0.60 0.40 10.0 8.0 1.5 1987-1995 0.80 0.50 15.0 12.0 2.0 1983-1986 2.00 1.25 30.0 24.0 3.0 1981-1982 2.00 1.25 60.0 48.0 3.0 1980 2.00 1.25 60.0 48.0 5.0 1977-1979 3.00 2.00 65.0 52.0 5.0 1975-1976 3.00 2.00 65.0 52.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0

Regis1er, November, 2010, No. 659

## •

562-7 DEPARTMENT OF NATURAL RESOURCES NR485.04
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Table 1 (continued) Emission Limitations For The Transient Emission Test (b) 

### Light-Duty Trncks 

### with GVWR of6,000pounds orless. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile} Composite Phase 2 Composite Phase 2 Composite 1996 and newer

(,;3750 lbs LVW) 0.60 0.40 10.0 8.0 1.5 (>3750 lbs LVW) 0.80 0.50 13.0 10.0 1.8 1988-1995

(s3750 lbs LVW) 1.60 1.00 40.0 32.0 2.5 (>3750 1bs LVW) 1.60 1.00 40.0 32.0 3.5 1987 1.60 1.00 40.0 32.0 5.5 1984-1986 3.20 2.00 70.0 56.0 5.5 1979-1983 3.40 2.00 70.0 56.0 5.5 1975-1978 4.00 2.50 80.0 64.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0 (c) 

### Lig')u-Duty Truch

### with GVWR of6,001 to 8,500pounds andlfeavy-Duty Vehicles wich GVWR of8,500pounds or less. Hydrocarbons Carbon Monoxide Oxides ofNitrogen 

### Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 1997 and newer

(,;5750 lbs ALVW) 0.80 0.50 13.0 10.0 1.8 (>5750 lbs ALVW) 0.80 0.50 15.0 12.0 2.0 199()-1996 1.60 1.00 40.0 32.0 3.5 1987-1989 1.60 1.00 40.0 32.0 5.5 1984-1986 3.20 2.00 70.0 56.0 5.5 1979-1983 3.40 2.00 70.0 56.0 5.5 1975-1978 4.00 2.50 80.0 64.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.50 120 96.0 7.0 (d) 

### Heavy-Duty Vehicles with GVWR of8,501 to 10,000pounds. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 2005 and newer 1.00 0.63 30.0 24.0 3.0 1998-2004 2.00 1.25 30.0 24.0 7.0 1991-1997 2.00 1.25 40.0 32.0 9.0 1987-1990 2.00 1.25 40.0 32.0 11.0 1985-1986 5.00 3.10 80.0 64.0 16.0 1979-1984 7.50 5.00 100 80.0 16.0**1974~1978** 10.0 6.00 150 120 20.0 197()-1973 10.0 6.00 175 140 20.0 1968-1969 20.0 12.5 200 160 30.0 (e) Hem')•-Duty Vehicles with GVWRgreaterthan 10,000pounds. Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Phase 2 Composite 2005 and newer 1.00 0.63 60.0 48.0 3.0 1998-2004 3.50 2.00 60.0 48.0 7.0 1991-1997 3.50 2.00 70.0 56.0 9.0 1987-1990 3.50 2.00 70.0 56.0 11.0 1985-1986 10.0 6.00 150 120 16.0

Register, November, 20!0, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 562-8


### Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table I (continued) Emission Limitations For The Transient Emission Test 

### Hydrocarbons Carbon Monoxide Oxides ofNitrogen Model Years 

### (grams/mile) (grams/mile) (grams/mile) 

### Composite Phase 2 

### Composite Phase 2 

### Composite 1979 1984 11.5 7.00 !50 120 16.0 1974-1978 13.0 8.00 150 

## • 120 20.0 197()-1973 13.0 8.00 175 140 20.0 1968-1969 24.0 15.0 200 160 30.0

lUpon written departmentapproval gramedto DOT, the emission limitations fur "Not Tier ],.may beapplied toall\994-1995model year light-dutyvehicles. {Note: On January 7, 1998, the department issued to DOT writtt.'ll approval for this use ofthe "Not Tier I" emission limitations until November 30, 1999.)
2upon written department approval granred to DOT, the emission limitations for">37:>0 lbs LVW'' may be applied to a!I 19lJ6 model year and newerlight-Juty trucks with GV\\'Rof6,000pounds orJess.

>upon written department approval granted to DOT, the emission limitations for "NotTier I"may be applied to all 1994-·1995 model year light-duty truckswith GVWR of6,000 pounds orbs. (Note: On January 1, 1998, the department issued to DOT written approval tOr**thi~** use ofthe ''NotTier 1" emission limitations until November 30, \999.)**~Upon** written department approval granted to DOT, the emission limitations for ''>3750 lbs LVW" may be applied to all 1994···1995 mode! year light-···duty trucks with GVWR of6,000 pounds or less which are certified to meet Tier I emission standards.

5Upon written department approval granted to DOT, the**emi~sion** limitations for ">5750 lbs ALVW"may be applied to all 1997 model year and newer light-duty trucks with GVWR of6,001 to 8,500pounds andto all 1997 model year andnewer hea•;y-duty vehicles with GVWRof8,500pounds or**les~.** 6Upon written departmentapproval granted to DOT. the**emi~sion** limitations for '·NotTier I" maybe applied toall 19%model yearlight-duty trucks with GVWR of6,001 to 8,500 pounds and to all 19% model year heavy-duty vehicles with GVWR of8.500 pounds or less. (Nok: On January 7, 1998, the department issued to DOT written approval for this use ofthe "NotTier I" emission limitations until November 30, !999.)

7Upon written departnu.-nt approval granted to DOT, the**cmi~sion** limitations for '">5750 \bs ALVW" may be llpP!iedtoall 1996model year light-duly trucks with GVWR of6,00 I to 8.500 pounds which are certitied to meetTier 1emission standards andto all \996 model year heavy--duty vehicles with GVWR of8,500pounds or le:ss which are certified to meet Tier I**emi~·sion** standards. Table3 Fast-Pass Emission Limitations ForTheTransient Emission Test 

### (1) .HYDROCARBON EXHAUST EMISSIONS. (a) Motor vehicles having composite hydrocarbon emission limitations in Table I of atleast 0. 60 grams/mile but less than 0.80 grams/mile.
Second Composite**(gram~)** Phase 2 (gr:aDlli) Second**Compo~lte (gram~)**  Phasel (grams)

30 0.093 NiA 56 0.189 N/A 31 O.G95 N/A 57 0.!96 NiA 32 0.097 N/A 58 0.203 N!A 33 0.101 N/A 59 0.207 NIA 34 0.105 NIA 60 0.209 N/A 35 0.110 NIA 61 0.210 NJA 36 0.1!3 NiA 62 0.212 N:'A 37 0.1\5 NiA 63 0.212 N/A 38 0. I17 NIA 64**0.21.~** N/A 39 0.120 N!A 65 0.214 NiA 40 0.124 NIA 66 0.215 NIA 41 0.127 N/A 67 0.216 N/A 42 0.129 N'A 68 0.218 NIA 43 0.130 NIA 69 0.221 NIA 44 0.133 NiA 70 0.222 N/A 45 0.148 N/A 71 0.224 NIA 

# "' 0.150 N/A 72 0.225 NiA 47 0.156 NIA 73 0.227 NIA 48 0.166 NIA 74 0.221; N/A 49 0.174 NiA 75 0.230 N/A 5iJ 0.176 NIA 76 0.231 N/A 5I 0.179 NiA 77 0.231 N/A 52 0.180 NiA 78 0.231 NJA 53 0.11;2 NiA 79 0.236 NiA 54 0.185 N'A 80 0.240 N!A 55 0.187 N/A 81 0.243 N!A

Register, November, 2010,No. 659

### 562-9

Second 82 83 

# " 85 86 87 

# " 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106

• 107

\08 IOQ 110 Ill 112 113 114 115 116 117 118 119 120 121 122 1:!3 124 125 126 127 128 129 \30 131 132 133 \34 135

• 136

137 138 139 140 141 142 143 144 DEPARTMENT OF NATURAL RESOURCES 

### NR485.04
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) 

### Fast--Pass Emission Limitations For The Transient Emission Test Composite (grams) 0.245 0.247 0.250 0.252 0.254 0.257 0.160 0.263 0.267 0.269 0.270 0.272 0.275 0.278 0.279 0.282 0.291 0.297 0.304 0.308 0.308 0.309 0.310 0.316 0.321 -0.323 0.341 0.344 0.347 0.348 0.350 0.351 0.353 0.366 0.31!5 0.404 0.421 0.433 0.435 0.440 0.446 0.452 0.458 0.461 0.468 0.471 0.474 0.47!1 0.481 OA82 0.483 0.484 0.485 0.488 ,0.494 0.497 0.500 0.501 0.503 0.504 0.506 0.509 0.511 Phase 2(grams) N!A N/A N!A N!A N/A N/A N!A NIA NiA N/A N!A NiA N!A N/A N/A N/A N/A N/A N!A N/A N/A N/A NiA N/A N/A N/A NiA 0.012 0.014 0.017 0.019 0.019 0.020 0.021 0.023 0.026 0.028 0.028 0.029 0.031 0.032 0.033 0.034 0.034 0.034 0.036 0.037 0.037 0.040 0.041 0.04:! 0.044 0.044 0.044 0.045 0.045 0.045 0.048 0.049 0.049 0.049 0.051 0.052 Second 145 146 147 148 149 ISO !51 \52 153 154 !55 156 157 158 159 160 161 16:! \63 164 \65 166 \67 168 169 170 171 172 173 174 175 176 177 17S 179 180 181 182 \83 184 185 186 \87 188 189 190 191 192 193 194 195 196 197 \98 199 200 201 202 203 204 205 206 207 Composile (grams) 0.513 0.515 0.516 0.518 0.519 0.521 0.522 0.524 0.525 0.527 0.528 0.530 0.531 0.533 0.534 0.537 0.563 0.588 0.604 0.630 0.640 0.656 0.677 0.683 0.686 0.61H 0.689 0.698 0.711 0.737 0.764 0.770 0.776 0.788**0.~06** 0.!:!13 0.824 0.841 0.849 0Jl64 0.871 0.876 0.881 0.886 0.891 0.902 0.914 0.925 0.938 0.941 0.944 0.949 0.960 0.970 0.976 0.985 0.993 0.999 1.006 1.018 1.031 1.044 1.056 Phase 2(grams) 0.053 0.053 0.054 0.055 0.056 0.057 0.058 0.058 0.059 0.059 0.060 0.062 0.064 0.066 0.066 0.070 0.077 0.087 0.093 0.099 0.103 0.129 0.151 0.153 0.162 0.178 0.191 0.200 0.208 0.216 0.229 0.239 0.253 0.258 0.262 0.273 0.280 0.284 0.291 0.314 0.322 0.324 0.326 0.328 0.339 0.348 0.358 0.370 0.383 0.395 0.406 0.413 0.415 0.416 0.418 0.420 0.427 0.438 0.443 0.448 0.453 0.456 0.459

Register, November, 2010, No. 659

### NR485.04

Second

20H 209 210 211 212 213 214 2!5 

### WISCONSIN ADMINISTRATIVE CODE 562-10


### Unofficial Text (See Printed Volume). Currentthrough date and Register shown**o~** 

### Title Page.

Table 3 (continued) Fast-Pass Emission Limitations For The TransientEmission Test Composite (grams) 1.067 !.075 1.01!2 IMO !.097 1.101 1.103 1.106 Phase Z(grams) 0.463 0.466 0.469 0.482 0.490 0.497 0.504 0.508 Second 224 225 226 227 228 229 230 231 Composite (grams) 1.160 1.162 1.172 1.181 1.184 1.188 1.192 1.193 Phase 2 (grams) 0.547 0.554 0.562 0.568 0.569 0.574 0.574 0.574 216 Ll09 0.517 232 1.197 0.575 217 1.111 0.521 233 1.199 0575 218 Lli3 0.521 234 1.203 0.576 219 !.115 0.523 235 1.208 0.577 220 1.118 0.527 236 1.209 0.577 221 1.120 0.531 237 1.210 0.577 2::!2 1.128 0537 238 1.211 0.578 223 J.l42 0.544 239 !.211 0.580 (b) Motor vehicles havingcomposite hydrocarbon emission limitations in Table I ofat least 0.80grams/mile but less than 1.25 grams/mile. Second

30 31 32 33 34 35 36 37 38 39 4() 41 41 43 44 45 46 47 48 49 50 5I

53 54 55 56 57 

# " 59 60 61 62 63 64 65 6(> 67 

# " 69 70 71 72 73 74 Composite(grams) 0.124 0.126 0.129 0.135 0.140 0.146 0.150 0.153 0.156 0.160 0.165 0.169 0.172 0.173 0.177 0.197 0.200 0.208 0.221 0.232 0.235 0.238 0.240 0.242 0.246 0.249 0.252 0.261 0.271 0.276 0.27H 0.280 0.282 0.283 0.284 0.285 0.286 0.288 0.291 0.294 0.296 0.298 0.300 0.302 0.304

Register, November, 2010. No. 659 Phase l (grams) N/A NiA N/A NiA N/A NiA N/A NiA N/A N/A N/A N/A NIA N/A N/A NiA NiA NiA N/A NIA N/A N/A N/A NlA NiA NiA NIA N/A N/A N'A N/A N/A NiA N/A NIA N/A N!A NIA N/A N/A N!A NIA NiA NIA NIA Second 75 76 77 78 79 80 81 

# " 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Ill 112 113 114 115 116 117 118 119 Composite (grams) 0.307 0.308 0.308 OJOS 0.314 0.320' 0.324 0.327 0.329 0.333 0.336 0.339 0.343 0.347 0.350 0.356 0.358 0.360 O.J.6J 0.367 0.370 0.372 0.376 0.3S8 0.396 0.405 0.410 0.411 0.412 0.413 0.421 0.428 0.430 0.455 0.459 0.462' 0.464 0.466 0.468 0.471 0.488 0.5LI 0.538 0.561 0.577 Phase 2(gntms) N!A NIA NJA N/A N/A NiA• N!A N!A N/A NiA N/A N/A N/A N/A N/A N!A NiA N/A N·'A 0.000 0.000 0.000 0.000 0.000 0.000 0.001 0.002 0.003 0,()()6 0.007 0.008 0.009 0.010 0.013 0.015 0.017• 0.021 0.024 0.024 0.025 0.026 0.029 0.032 0.035 O.Q35562-11

Second 120 121 122 123 124 125 126 !27 128 129 130 131 132 133 134

• 135

136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 lSI 152 153 154 !55 156 157 158 159 160 161 162 163 164

• 165

166 167 168 169 170 171 172 173 174 175 176 177 178 179 

### DEPARTMENT OF NATURAL RESOURCES NR485.04
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) 

### Fast-Pass Emission Limitations For The Transient Emission Test Composite (grams) 0.580 0.586 0.594 0.603 0.610 O.MS 0.624 0.628 0.632 0.637 0.641 0.643 0.644 0.645 0.647 .0.651 0.658 0.663 0.606 0.668 0.670 0.672 0.675 0.678 0.681 0.684 0.686 0.688 0.690 0.692 0.694 0.696 0.698 0.700 0.702 0.704 0.706 0.708 0.710 0.712 0.716 0.750 0.784 0.805 0.840 ,0.853 0.874 0.903 0.910 0.914 0.916 0.919 0.931 0.948 0.98J l.OIS 1.027 1.035 1.051 1.074 Phase 2 (grams) 0.036**O.oJ~** 0.040 0.041 0.042 0.042 0.042 0.045 0.046 0.046 0.049 0.050 0.052 0.054 0.054 0.054 0.055 0.055 0.056 0.059 0.061 0.061 0.061 0.063 0.064 0.065 0.066 0.067 0.068 0.069 0.070 0.071 0.072 0.073 0.073 0.074 0.077 0.079 0.082 0.082 0.086 0.095 0.107 0.115 0.122 0.127 0.159 0.186 0.189 0.200 0.220 0.236 0.247 0.257 0.267 0.283 0.295 0.312 0.318 0.323 Second 180 181 182 183 184 185 

# '" 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 201 203 204 lOS 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 212 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Composite (grams) 1.084 1.099 !.121 1.132 1.152 ·1.161 1.168 1.175 l.l81 1.188 1.203 1.219 1.233 1.251 1.255 1.258 1.265 1.280 1.293 1.301 1.313 1.324 1.332 1.341 !.357 1.375 1.392 1.408 1.422 1.433 1.443 1.453 1.463 1.468 1.470 1.474 I.478 1.481 1.484 1.487 1.490 1.493 1.504 1.522 1.547 1.549 1.562 1.574 1.579 1.584 1.589 1.590 1.596 1.598 1.604 1.610 1.612 1.613 1.614 1.615 Pbase 2 (grams) 0.337 0.345 0.350 0.359 0.387 0.398 0.400 0.402 0.405 0.418 0.429 0.442 0.457 0.473 0.487 0.501 0.510 0.512 0.514 0.516 0.518 0.527 0.540 0.547 0.553 0.559 0.563 0.567 0.571 0.575 0.579 0.595 0.605 0.614 0.622 0.627 0.638 0.643 0.643 0.645 0.651 0.655 0.663 0.671 0.675 0.684 0.694 0.701 0.702 0.708 0.708 0.709 0.710 0.7!0 0.711 0.712 0.712 0.712 0.713 0.716

Register, November, 20\0,No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 562-12
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) 

### Fast-PassEmission Limitations ForThe Transient Emission Test (c) Motor vehicles having composite hydrocarbon emission limitations in Table I of atleast 1.25grams/mile butless than 2.00 

### grams/mile.
Stwnd

30 31 ll 33 34 35 36 J7 

# " 39 4() 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 M 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 

# " R9 90 

# " Composite (grams) 0.247 0.253 0.258 0.263 0.268 0.277 0.2ll3 0.293 0.297 0.298 0.313 0.320 0.327 0.342 0.360 0.376 0.389 0.408 0.423 0.434 0.444 0.454 0.465 0.472 0.478 0.485 0.413 0.500 0.505 0.514 0.537 0.540 0.543 0.546 0.551 0.559 0.561 0.575 0.588 0.595 0.601

. 0.606

0.610 0.617 0.631 0.643 0.651 0.659 0.667 0.676 0.681 0.685 0.689 0.694 0.700 0.705 0.709 0.713 0.717 0.721 0.724 0.727

Register, November, 20I0. No. 659 Phase 2 (grams) N;A N/A N/A N/A NiA N/A NiA N/A NIA N/A NIA N/A N/A NiA NiA N/A NIA N/A N!A N/A NiA N/A NiA N/A N/A N/A NIA N/A NIA N/A N/A N/A N/A N/A N/A NIA N/A N/A NiA N!A N!A N/A N/A NiA N/A NIA N/A NiA NiA N!A NiA N/A N!A N/A N/A N!A NiA N!A N/A N!A N/A N:'A Second 92 93 94 95 % 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Ill 112 113 114 115 116 117 11S 119 120 121 122 123 124 125 120 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Composile (grams) 0.729 0.731 0.734 0.740 0.748 0.759 0.771 0.783 0.793 0.810 0.823 0.836 0.853 O.!nl**0.8~17** 0.!199 0.931' 0.947 0.957 0.965 0.971 0.977 0.983 !.003 1.030 !.041 1.050 1.052 1.055 1.061 1.071 1.081 1.091 1.102 1.110 1.116 1.121 1.125 1.128 1.130 1.132 1.134 1.135 1.143 1.147 1.156 1.163 1.186 1.253 1.262 1 .'!.71 1.277 1.283 1.291 1.294 1.296 1.298 1.303 1.316 1.330 1.342 1.348 Phase 2 (grams) NIA N!A 0.000 0.000 0.001 0.001 0.002 0.003 0.005 0.007 0.009 0.011 0.016 0.017 0.012 0.029 0.036. 0.04() 0.047 0.052 0.056 0.061 0.064 0.072 0.081 0.082 0.083 0.092 0.094 0.097 0.100 0.!03 0.106 0.!08 0.110 0.112 0.114 0.116 0.1 18 0.120 0.122 0.123 0.124 0.117 0.130 0.134 0.139. 0.146**0.1~9** 0.151 0.153 0.155 0.157 0.162 0.164 0.166 0.168 0.169 0.170 0.171 0.172 0.173Second 154 155 156 157 158 159 160 161 162 163 164

• 165

166 167 168 169 170 171 172 173 174 175 176 l77 178 179 180 1RI !H2 IRJ 184 185 186 187 

# I"
189 19Q 191 192 193 194
• 195

196 

### DEPARTMENT OF NATURAL RESOURCES NR485.04
Unofficial Text (See Printed Volume). Currentthrough dateand Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForTheTransient Emission Test Composite (grams) 1.353 1.362 1.365 1.3(16 1.373 1.397 1.423 1.440 1.452 1.4fi5 1.509 '1.533 1.555 1.576 1.598 1.618 1.636 1.666 1.685 1.726 1.742 1.756 !.769 1.784 1.802 1.822 1.843 1.864 1.884 l.R96 1.915 L940 !.958 1.972 1.985 1.991 1.993 1.995 2.001 2.015 2.031 -2.047 2.063 Pbase 2 (grams) 0.175 0.178 0.180 O.JSQ 0.198 0.203 0.207 0.214 0.221 0.229 0.247 0.274 0.309 0.318 0.322 0.333 0.343 0.356 0.385 0409 0.433 0.453 0.463 0.507 0.523 0.528 0.541 0.549 0.559 0.571 0.584 0.598 0.613 0.624 0.629 0.629 0.638 0.648 0.659 0.663 0.671 0.681 0.693 Second 197 198 199 200 201 202 203 204 205 206 207 208 209 210 

# "' 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Composite**(gra~m)** 2.079 2.094 2.109 2.122 2.130 2.137 2.157 2.172 2.194 2.222 2.245 2.261-: 2.279 2.281-: 2.301 2.316 2.332 2.345 2.354 2.362 2.368 2.376 2.384 2.391 2.395 2.400 2.405 2.409 2.413 2.417 2.426 2.428 2.431 2.433 2.441 2.461 2.476 2.488 2.498 2.508 2.516 2.520 2.523 Phase2**(gra~m)** 0.709 0.725 0.740 0.754 0.767 0.775 0.787 0.795 0.803 0.854 0.859 0.1172 0.892 0.896 0.903 0.924 0.938 0.941 0.951 0.966 0.979 0.980 0.981 1.005 1.016 1.022 1.028 1.035 1.041 1.045 1.051 1.055 1.059 1.064 1.069 1.071 1.072 1.073 1.081 1.083 1.084 1.085 1.086 (d) Motor vehicles having composite hydrocarbon emiss:ion limitations in Table I of2.00grams/mile orgreater. Second

JO 31 32 33 34 35 36 37 38 39 40 41 42 4J 44 45 46 47 48 Composite (grams) 0.407 0.415 0.423 0.436 0.451 0.464 0.468 0.475 0.487 0.506 0.530 0.549 0.569 0.588 0.609 0.621 0.636 0.649 0.666 Phase 2 (grams) N/A N/A N/A NiA N/A N/A N/A N!A N!A N/A NiA N/A N/A N/A NiA NIA NiA N/A N/A SKond 49 50 51 52 53 54 55 56 

# " 58 59 60 61 62 63 64 65 66 67 Composite (grams) 0.679 0.696 0.712 0.727 0.745 0.760 0.776 0.797 0.814 0.826 0.837 0.849 0.1162 0.872 0.1187 0.895 0.903 0.925 0.933 Phase 2 (grams) NIA N/A NIA NiA NIA NIA NIA N/A N/A N/A N/A NiA NIA N/A N/A N/A N/A NIA NIA

Register, November, 2010, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 

### 562-14

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations For The Transient Emission Test

SKond

6R 69 70 71 72 73 74 75 76 77 78 79 80 8l 82 83 i4 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 \05 \06 \07 108 \09 110 Ill 112 113 114 115 116 117 118 1\9 120 121 122 123 124 125 126 127**12~** 129 130 131 Composite (grams) 0.945 0.959 0.970 0.980 0.988 0.997 1.022 1.037 1.051 1.064 1.075 1.087 1.097 Ll05 1.114 1.136 1.160 1.182 1.201 1.217 1.233 1.248 1.262 1.271 1.279 1.287 1.295 1.302 1.309 1.316 !.325 1.339 1.356 1.365 1378 1.397 1.420 1.445 1.470 !.491 1.506 !.517 1.528 !.542 1.559 1.578 1.594 1.605 1.615 1.625 1.642 1.670 1.694 1.705 1.717 1.732 ].747 1.763 1.779 1.795 1.810 1.823 1.835 1.845

Register, November, 2010. No. 659 Phase2 (grams) N!A N/A N/A NIA N/A N/A NIA NIA N/A N/A NIA N/A NIA N/A NIA NIA N/A NIA NiA N/A NIA N/A NIA N!A N/A NIA 0.001 0.002 0.003 0.004 0.008 0.015 0.021 0.026 0.039 0.044 0.055 0.094 0.110 0.116 0.132 0.151 0.159 0.172 0.186 0.199 0.207 0.216 0.229 0.235 0.240 0.245 0.261 0.267 0.277 0.2R7 0.298 0.308 0.316 0.322 0.329 0.338 0.346 0.354 SecuDd 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 \55 156 157 158 159 160 161 162 \63 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 

# '"' 185 186 187 188 189 190 191 192 193 194 195 Composite (grams) 1.854 1.862 1.870 1.883 1.888 1.896 !.91! 1.928 1.949 1.%9 1.982' 1.999 2.0[1 2.022 2.035 2.043 2.049 2.063 2.085 2.104 2.117 2.127 2.138 2.152 2.168 2.186 2.205 2.224 2.242 2.268 2.308 2.352 2.406 2.421 2.435 2.470 2.501 2.537 2.571 2.625**2.657~** 2.683 2.701 2.717 2.732 2.756 2.781 2.811 2.853 2.898 2.946 2.9S8 3.023 3.057 3.076 3.101 3.120 3.136 3.151 3.163 3.209 3.223 3.237 3.263 Phase2 (grams) 0.356 0.357 0.359 0.362 0.364 0.368 0.378 0.391 0.402 0.408 0.422• 0.428 0.432 0.434 0.439 0.450 0.460 0.467 0.472 0.480 0.491 0.503 0.505 0.515 0.522 0.527 0.537 0.549 0.568 0.586 0.610 0.648 0.677 0.699 0.720 0.738 0.767 0.828 0.855 0.869 o.88s• 0.900 0.941 0.979 1.002 1.025 1.047 1.065 1.089 1.109 1.133 1.158 1.184 1.209 1.222 1.131 1.239 1.254 1.278 1.300 1.313 1.324 1.340 1.367 

### i.

### 562-15

Second

196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 2!5 216 2!7 DEPARTMENT OFNATURAL RESOURCES 

### NR485.04

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForThe Transient Emission Test Composite(grams) 3.302 3.33S 3.372 3.390 3.428 3.470 3.493 3.509 3.522 3.533 3.550**3.57~** 3.607 3.630 3.658 3.701 3.745 3.778 3.814 3.825 3.835 3.844 Phase 2(grams) 1.387 1.402 1.417 1.432 1.446 1.460 1.477 1.492 1.501 1.510 1.522 1.561 1.585 1.597 1.607 1.627 1.645 1.656 1.663 1.669 1.674 1.685 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Composite (grams) 3.853 3.864 3.874 3.891 3.928 3.960 4.008 4.010 4.012 4.016 4.019 4.057 4.065 4.072 4.081 4.104 4.124 4.128 4.132 4.137 4.147 4.158 Phase 1: (grams) 1.705 1.711 1.735 1.752 1.760 1.774 1.778 1.797 1.802 IJ!04 1.806 l.MIO 1.814 1.827 1.833 1.837 1.841 1.845 1.851 I.M55 1.857 1.860 (2) CARBON MONOXIDE EXHAUST EMISSIONS. (a) Motor vehicles having composite carbon monoxide emission limitations in Table J of

atlea'it 10.0grams/mile but less than /5.0grams/mile. .second

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 

# "

• 59

60 61 62 63 64 65 66 67 68 Comppsile (grams) 0.462 0.515 0.558 0.567 0.569 0.571 0.600 0.640 0.689 0.713 0.717 0.722 0.735 0.741 0.743 0.771 0.896 0.988 1.020 1.028 1.035 1.047 1.063 1.089 1.123 1.126 l.l29 1.133 !.149 /1.235

1.248 1.248 1.248 1.267 1.278 1.296 1.333 1.373 1.376 Phase 2(grams) N/A N'A N/A N/A N/A N/A N/A N/A N/A N!A N/A N!A N/A NiA N/A N/A N/A NiA N.IA N/A N!A NiA N!A N!A NfA NiA N/A NIA N/A N/A NIA N/A NfA N/A N!A N/A NiA N/A N/A Second 69 70 71 72 73 74 75 76 77 78 

# " 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Composite (grams) 1.384 1.403 1.411 1.417 1.420 1.425 1.435 1.447 1.459 !.467 1.475 1.475 1.481 1.481 1.485 1.491 1.495 1.508 1.514 1.523 1.533 1.539 1.551 1.553 1.554 1.563 1.565 1.570 1.597 1.634 1.672 1.727 1.773 1.833 1.942 2.108 2.113 2.131 2.192 Phase 2 (grams) N/A NIA NIA N/A NIA NJA N/A N!A N/A N.'A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N!A N/A N/A N/A NfA N/A N/A N/A N/A N/A N/A NIA N/A N/A N!A N/A N!A N/A N/A

Register, November, 2010, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 

### 562-16
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Table 3 (continued) 

### Fast-Pass Emission Limitations For The Transient Emission Test**s~ond** 108 109 110 Ill 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 16< 169 170 171 Composite (grams) 2.279 2.391 2.397 2.427 2.493 2.579 2.585 2.623 2.677 2.707 2.709 2.719 2.760 2.790 2.799 2.803 2.808 2.821 2.865 2.896 2.907 2.911 2.913 2.915 2.957 3.015 3.016 3.017 3.021 3.023 3.02!! 3.035 3.036 3.036 3.036 3.036 3.036 3.036 3.036 3.036 3.036 3.036 3.036 3.037 3.037 3.043 3.075 3.223 3.801 3.894 4.113 4.447 4.950 5.586 6.432 7.279 8.105 K487 8.554 8.595 8.621 9.135 9.420 9.976

Register, November, 2010, No. 659 Phase2 (gnams) NiA 0.115 0.119 0.163 0.183 0.192 0.200 0.216 0.227 0.237 0.240 0.245 0.252 0.267 0.280 0.318 0.330 0.348 0.356 0.359 0.361 0.363 0.364 0.364 0.367 0.378 0.381 0.405 0.423 0.439 0.449 0.455 0.469 0.478 0.486 0.495 0.508 0.510 0.510 0.512 0.514 0.516 0.524 0.542 0.543 0.546 0.549 0.553 0.578 0.680 0.713 0.932 1.000 1.062 1.253 1.887 2.111 2.496 3.095 3.402 3.610 3.937 4.157 4.351 S«ond 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Composite (grams) 10.469 IO.R35 11.271 11.770.. 12.013 12.233 12.447 12.641! 11.819 !3.415 13.603 13.836 14.456 14.637 15.100 15.326 15.690 15.917 16.012 16.309 16.457 16.621 16.792 16.979 17.01!5 17.164 17.:!33 17.316 17.427 17.483 17.559 17.698 17.1!79 18.035" 18.262 18.334 18.421 18.535 18.635 18.803 19.029 19.331 19.333 19.337 19.387 19.521 19.655 19.823 19.869 19.8!-!1 19.89!-! 19.908 19.915 20.005 20.084 20.085 20.0!-!5 20.139 20.209 20.215 20.217 20.245 20.274, 20.277 Phase 2 (grams) 4.459 4.669 4.950 5.600. 5.654 5.898 6.046 6.078 6.124 6.267 6.549 7.046 7.463 7.555 7.699 7.911 8.172 8.25S 8.361 8.600 8.655 8.674 8.693 8.778 8.867 8.924 8.973 9.045 9.098 9.215 9.386 9.463 9.579 9.680• 9.773 9.91 I 9.961 10.152 10.242 \0.248 10.315 10.458 10.630 10.687 10.754 10.971 11.012 11.250 11.327 11.353 11.390 11.463 11.511 I 1.522 11.546 11.51!7 11.652 I !.652 11.654 11.672 1!.729 1!.744 11.806 11.80!f'562-17

Sffond

236 237 

### DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForTheTransient Emission Test Composite (grams) 20.285 20.287 Phase 2 (grams) 11.809 11.810 Second 238 2.\'1 Composite (grams) 20.301 20.325 Phase 2 (grams) 11.R45 11.934 (b) 

### Motor vehicles having composite carbon monoxide emission limitations in Table 1of at least I5.0 grams/mile but less than 20.0

### grams/mile.
Second

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5I 52 53 54 

# " 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 

# " 73 74 75 76

• 77

78 79 

# ,. 81 R2 83 84 85 86 87 

# '" Composite{grams) 0.693 0.773 0.837 0.851 0.853 O.lS57 0.900 0.960 1.034 1.070 1.076 1.083 1.102 1.! II 1.114 l.l57 1.344 1.482 '1.530

1.542 1.553 1.571 1.595 1.633 1.685 1.689 1.693 1.700 1.723 1.852 

### um 1.872 !.872 1.900 1.917 1.944 2.000 2.060 2.064 2.076 2.104 2.117 2.125 2.130 2.!38 2.152 2.170 ,2.18!! 2.200 2.212 2.212 2.221 2.222 2.227 2.236 2.243 2.262 2.271 2.284 Phase 2 (grams) N/A N/A N/A N/A NiA N/A NiA N/A NiA NIA NIA N/A N/A N/A NIA N/A N/A NIA N/A NIA NIA N/A NIA NIA NIA NiA NIA N/A NIA NIA NIA N/A NIA N/A N.tA N/A N/A N/A N!A N/A NJA N/A N/A N/A N/A NIA N/A NIA N/A NIA N/A NIA N/A N/A N/A NIA N/A NIA N/A Second 89 90 91 92 93 94 95 96 97 

# " 99 100 \01 102 103 104 \05 106 107 108 109 110 Ill 112 113 114 115 lib 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 Composite (grams) 2.299 2.308 2.326 2.330 2.331 2.344 2.347 2.355 2.395 2.451 2.508 2.590 2.660 2.749 2.913 3.162 3.170 3.197 3.288 3.419 3.587 3.595 3.640 3.740 3.868 3.877 3.934 4.015 4.061 4.063 4.079 4.140 4.185 4.!99 4.205 4.212 4.232 4.298 4.344 4.361 066 4.369 4.372 4.435 4.523 4.524 4.525 4.531 4.534 4.542 4.553 4.554 4.554 4.554 4.554 4554 4.554 4.554 4.554 Phaw 2 (grams) NIA NIA N!A N!A N/A 0.000 0.000 0.000 0.000 0.000 0.004 0.008 0.015 0.026 0.038 0.038 0.039 0.061 0.062 0.!08 0.168 0.173 0.237 0.266 0.280 0.191 0.314 0.331 0.345 0.350 0.356 0.367 0.388 0.407 0.463 0.480 0.506 0.518 0.522 0.525 0.528 0.530 0.530 0.534 0.550 0.554 0.590 0.616 0.639 0.653 0.662 0.683 0.69!1 0.708 0.721 0.739 0.742 0.743 0.745**Rcgi~tcr.** November, 2010, No. 659NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 

### 562-18 Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Second

148 149 150 151 152 153 154 155 156 157 15M 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Table 3 (continued) Fast-Pass Emission Limitations For TheTransient Emission Test Composite(grams) 4.554 4.554 4.554 4.556 4.556 4.565 4.612 4.834 5.702 5.841 6.170 6.670 7.425 8.379 9.648 10.918 12.127 12.731 12.831 12.892 12.932 13.702 14.139 14.964 15.704 16.253 16.907 17.655 18.020 18.349 18.671 18.972 19.228 20.123 20.405 20.754 21.684 21.955 22.650 22.989 23.535 23.876 24.018 24.464 24.685 24.931 Pbase l (grams) 0.748 0.751 0.762 0.789 0.790 0.794 0.799 0.805 0.842 0.990 1.038 1.357 1.455 1.546 1.824 2.746 3.073 3.633 4.505 4.952 5.254 5.730 6.051 6.333 6.400 6.796 7.205 8.151 8.230 8.584 8.800 8.847 8.913 9.122 9.532 10.256 10.862 10.996 11.206 1!.514 11.894 12.019 12.170 12.517 12.598 12.625 S«<nd 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 2ll 234 235 236 237 238 239 Composite (grams) 25.188 25.468 25.627 25.746 25.850 25.974 26.141 26.225 26.338 26.547 26.818 27.052 27.393 27.501 27.632 27.803 27.953 28.205 28.543 28.997 29.000 29.005 29.081 29.2111 29.483 29.734 29.803 29.821 29.847 29.862 29.873 30.008 30.126 30.127 30.127 30.208 30.314 30.323 30.325 30.368 30.411 30.416 30.428 30.430 30.452 30.488 Phase2(gt\rns) 12.653 12.777 12.906 12.989 13.060 13.165 13.242 13.412 13.662 13.773 13.942 14.000 14.224 14.426 14.498 14.776 14.907 14.916 15.014 15.221 15.472 15.555 15.652 15.969 16.028 16.375 16.487 16.524 16.578 l6.68<f 16.755 16.770 16J!05 16.1!65 16.960 16.960 16.962 16.988 17.072 17.094 17.184 !7.!87 17.188 17.189 17.241 17.370 (c) 

### Motor vehicles having composite carbon monoxide emission limitations in Table I of at/ea.vt 20.0grams/mile but less than 30.0 grams/mile. Second

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Composite(grams) 1.502 1.546 1.568 1.582 1.593 !.602 1.621 1.631 1.702 1.784 1.879 2.162 2.307 2.343 2.376

Register, November, 2010, No. 659 Phase2 (gram) NIA N/A NIA NIA N!A N/A N/A N!A N!A N/A N!A NIA NIA NIA NIA Second 45 46 47 48 49 50 51 52 53 54 

# " 56 57 58 59 Composite (gramt) 2.406 2.433 2.458 2.483 2.774 2.844 2.000 2.936 3.133 3.304/ 3.407 3.456 3.480 3.518 1560 Phase l (grams) N/A NIA N/A N/A N/A N/A N/A NJA N/A N/A • N/A NJA N/A N!A NIA 

### ' 

## ,,

I 

## '

i' !'

;:562-19

Sewnd

60



## • 61

62 63 64 65 

# "" 67 68 69 70 71 

# " 73 74 

# " 76 77 78 79 80 81 82 83 84 

# " 86 87 

# " 89 90 91 92 93 94 95 % 97 98 99 100 HH 102 103 104 105 106 107 108 109 110 Ill 112 113 114 115 116 117 118 119 120 121 !22 123 

### DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForThe Transient Emission Test Composite (grams) .1.59J 3_628 3.641 3.655 3.680 3.700 3.728 3.857 3.894 3.943 '3.983 4.009 4.023 4.023 4.053 4.063 4.077 4.225 4.243 4.260 4.282 4.322 4.398 4.482 4.515 4.518 4.520 4.522 4.522 4.523 4.526 4.527 4.527 4.528 4.528 4.528 4.529 4.575 4.703 4.805 /4.886 4.957 5.104 5.340 5.496 5.625 5.815 6.473 7.037 7.419 7.643 7.759 7.824 7.R89 7.960 8.024 8.076 !!.Ill 8.130 8.14!! 8.211 8.478 8.548 8.561 Phase 2 (grams) N/A NIA N!A NIA

· N/A

N!A N!A N/A NIA N!A NIA NiA N/A N:A NiA N/A N/A N/A NiA N/A N/A N/A N/A N/A N/A NIA NIA NiA N!A NIA NIA N/A N!A NIA 0.000 0.000 0.000 0.000 0.002 0.005 0.010 0.017 0.052 0.085 0.094 0.122 0.151 0.191 0.234 0.246 0.257 0.286 0.379 0.425 0.457 0.477 0.494 0.504 0.512 0.519 0.529 0.529 0.530 0.531 Second 124 125 126 127 128 129 130 131 132 133 134 135 136 1)7 m 139 140 141 142 143 l44 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 J61 162 16) 164 165 166 167 168 169 170 171 172 l7l 174 175 176 177 178 

# '" 180 181 182 183 184 185 186 187 Composite (grams) 8.561) 8.572 8.584 8.592 8.596 8.597 8.601 8.605 8.608 8.626 8.650 8.660 8.767 9.029 9.238 9.31;9 9.493 9.583 9.626 9.669 9.716 9.763 9.809 9.852 9.885 9.932 9.986 10.039 10.072 10.090 10.105 10.146 10.245 10.397 10.923 11.970 13.421 15.289 15.912 16.530 17.622 18.366 19.869 20.711 22.319 23.751 24.842 25.410 25.798 26.122 26.353 26.638 27.219 27.279 27.320 27.352 27.822 2lU63 29.402 29.971 30.276 30.988 31.095 31.314 Phase2 (grams) 0.532 0.533 0.548 0.610 0.614 0.622 0.631 0.640 0.646 0.650 0.652 0.738 0.754 0.780 0.795 0.804 0.810 0.815 0.818 0.821 0.825 0.840 0.847 0.855 0.865 0.874 0.891 0.914 0.929 0.937 0.942 0.949 1.375 1.576 1.943 2.820 3.281 3.483 3.620 4.168 4.338 4.682 5.633 6.137 6.853 7.136 7.320 7.685 8.052 8.344 8.602 8.898 9.251 10.253 10.82!! J0.933 11.060 11.188 11.345 11.733 12.598 12.953 !3.213 14.131

Register, November, 2010, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 

### 362-20
Unofficial Text (See Printed Volume). Currenttbrough date and Register shown on Title Page.

Second

188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 Table 3 (continued) Fast-PassEmission Limitations For TheTransient Emission Test Composite (grams) 31.833 32.239 32.547 32.855 33.!53 33.444 33.482 33.516 33.549 33.653 33.973 34.!59 34.191 34.250 34.469 34.716 34.969 35.144 35.418 35.766 35.949 36.010 36.548 37.179 37.651 38.041 Phate 2 (grams) 14.839 15.137 15.138 15.141 15.595 15.658 15.704 15.729 16.058 16.987 17.064 17.073 17.153 17.332 17.406 17.641 17.922 18.484 18.553 18.658 18.953 19.266 19.309 19.731 19.902 20.012 

# -·· 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Composite (gr:ams) 38.591 38.852 38.861 38.926 39.194 39.474 39.668 39.781 39.R90 39.954 39.984 39.989 39.Q90 39.9<Kl 39.990 39.991 40.012 40.061 40.116 40.249 40.253 40.29(} 40.385 40.488 40.720 40.763 Phase 2**(gram~)** 20.260 20.739 21.346 21.810 22.001 22.290 22.324 22.343 22.522 22.683 22.850 22.853 22.1!53 22.853 22.872 22.872 22.872 22.895 22.911 22.922 22.939 23.01(1, 23.010 23.010 23.010 23.010 (d) 

### Motor vehicles having composite carbon monoxide emission limitations in Table I of 30.0grams/mile orgreater. Second

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Composite (grams) 3.804 3.985 4.215 4.440 4.579 4.688 4.749 4.783 4.8\3 4.876 5.104 5.217 5.383 5.571 5.888 (>.199 6.245 6.31!! 6.418 6.540 6.690 6.875 7.029 7.129 7.359 7.722 8.017 8.249 8.425 8.563 K686 8.804 8.916 9.025 9.138 9.250

Register, November, 20 !0,No. 659 Phase 2 (g:r:ams) NIA N/A N!A N/A NIA N!A NiA N/A NIA N/A N!A N/A N/A N!A N!A N/A N/A NIA N/A N/A N/A N/A N/A NIA N/A NIA NIA N!A NIA N!A N/A NiA N/A NIA NIA NiA Second 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 

# " 

# " 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Composite (grams) 9.354 9.457 9.575 9.728 9.938 10.140 10.222 10.261 10.278 10.290 10.715 10.790 10.844 10.921 11.010 11.090 11.136 11.136 11.!65 11.191 11.205 11.211 11.211 11.:!:1( 11.211 11.220 11.294 11.332 11.355 I !.31!3 1!.410 11.433 ll.516 1!.820 12.104 12.344 Phase2 (grams) NIA N/A NIA N.'A N/A N/A N!A N/A NIA NIA N!A NiA NlA N/A N.'A NIA N/A N!A NiA N/A N!A NIA N/A NIA • N.'A NIA N!A N/A 0,000 0,000 0.001 0.006 0.020 0.051 0.092 0.131 ' ,,



## I

I 

### i

### 562-21

Second 102 103 104 105 106 107 10, 109 110 Ill 112 113 114 115 116 117 liS 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148

• 149

ISO lSI 152 153 154 155 156 157 158 159 \60 161 162 163 \64 165 

### DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Current through dateand Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForThe Transient Emission Test Composit(' (grams) 12.7!!1 13.472 14.405 14.808 14.965 15.!21 15.372 15.530 15.61!7 16.018 16.527 16.810 16.961 17.120 17.135 17.249 17.451 17.509 '17.605 17.734 18.049 18.447 18.592 18.657 1!!.796 I!L952 19.137 19.329 19.519 1'1.707 19.882 19.905 20.049 20.460 20.746 21.068 21.380 21.748 22.046 22.348 22.397 22.407 22.417 22.922 22.951 22.976 23.017 J3.073 23.161 23.218 23.253 23.337 23.425 23.534 23.652 23.739 24.606 25.615 26.Q73 28.496 29.772 31Jl56 33.351 34.89<) Phllse 2 (grams) 0.200 0.307 0.582 0.800 0.925 0.973 1.091 1.1!3 1.213 1.344 1.399 1.520 1.640 1.684 1.693 1.786 2.007 2.084 2.179 2.264 2.328 2.375 2.437 2.543 2.593 2.641 2.663 2.672 2.676 2.683 2.817 2.992 3.111 3.234 3.304 3.310 3.320 3.354 3.436 3.443 3.452 3.490 3.552 3.588 3.600 3.616 3.627 3.636 3.676 3.882 4.011 4.047 4.067 4.01!1 4.116 4.251 5.099 5.383 6.362 7.926 8.429 9.201 10.825 12.291 Second 166 167 168 169 170 171 172 173 174 175 176 177 

# "' 179 180 

# '" 182 

# '" 184 185 186 187 188 189 \90 191 192 193 194 195 \96 

# '" 

# '" 199 200 201 202 203 204 205 206 207 

# '" 209 210 21! 212 213 214 215 216 217 218 219 220 221 222 22J 224 225 226 227 228 229 Composite (grams) 35.937 37.012 37.892 39.028 40.406 41.379 42.033 42.432 42.742 43.399 43.895 44.227 44.926 45.256 45.553 45.753 46.210 47.017 48.185 48.741 49.462 50.313 51.285 52.{)76 52.857 52.876 53.067 53.777 54.242 54.489 54.601 54.912 55.588 56.266 56.617 56.863 57.204 57.371 57.487 57.728 58.097 58.572 59.024 59.321 59.715 60.045 60.453 60.935 61.307 61.666 62.148 62.532 62.546 62.559 62.570 62.846 63.097 63.150 63.150 63.150 63.150 63.150 63.150 63.150 Phase 2 (grams} 13.366 14.428 15.318 15.699 16.073 16.475 17.158 17.532 17.965 18.242 18.283 18.480 19.576 20.015 20.203 20.433 21.025 21.81!2 22.204 22.859 23.533 24.2Jo!l 25.078 25.276 25.578 25.859 25.985 26.153 26.582 27.067 27.456 27.805 28.070 28.590 28.914 29.063 29.502 29.697 29.713 29.783 29.942 30.284 30.755 31.287 3!.549 31.820 32.250 32.546 32.808 33.142 33.529 33.763 33.92! 33.9(1! 33.983 34.007 34.032 34.054 34.06( 34.0X2 34.100 34.109 34.129 34.284

Register, November, 2010, No. 659

### NR485.04 WISCONSIN ADMINISTRATIVECODE 

## 562-22

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForThe Transient Emission Test
Second Composite(grams) Phillie l (grams) Second Composite (grams) Phase 2 (grams)

230 63.150 34.397 235 63.159 34.470 231 63.150 34.463 236 63.173 34.471 232 63.150 34.465 237 63.193 34.472 233 63.150 34.466 238 63.214 34.472 234 63.153 34.468 239 63.233 34.473 {3) OXIDES OF NITROGEN EXHAUST EMISSIONS. (a) 

### Motor vehicles having composite oxides of nitrogen emission limitations in Table I u.fat 

### lmst 1.5 grams/mile 

### butless than 2.0grams/mile. Second Composite (granu) Second Composite (grams)

30 0.125 '6 0.560 31 0.133 87 0.561 32 0.141 88 0.561 33 0.161 89 0.561 34 0.174 90 0.561 35 0.180 91 0.561 36 0.182 92 0.561 37 0.184 93 0.561 38 OJ85 94 0.561 39 O.lt-:5 95 0.561 40 0.188 96 0.561 41 O.l95 97 0.561 42 0.208 98 0.561 43 0_233 99 0.563 44 0.246 100 0.573 45 0.257 101 0.592 46 0.269 102 R617 47 0.280 103 0.650 48 0.287 104 0.679 49 0.289 105 0.694 50 0.300 106 0.716 51 0.308 107 0.739 52 0.326 108 0.745 53 0.348 109 0.746 54 0.354 110 0.747 55 0.360 Ill 0.758 56 0.368 112 0.771 57 0.37.5 113 0.776 58 0.380 114 0.783 59 0.382 115 0.794 60 0.384 116 0.806 61 0.387 117 0.810 62 0.389 118 0.810 63 0.392 119 0.811 64 0.397 120 0.818 65 D.400 121 0.822 66 0.401 122 0.833 67 0.40.5 123 0.842 68 0.413 124 O.S51 69 0.422 125 0.854 70 0.431 126 O.S54 71 0.441 127 0.854 72 0.450 128 0.854 73 0.452 129 0.854 74 0.453 130 0.854 75 0.460 131 0.854 76 0.468 132 0.854 77 0.485 133 0.854 78 0.488 !34 0.8.54 79 0.494 135 0.854 80 0..505 136 0.870 81 0.522 137 0.881 82 0.530 138 0.887 83 0.536 139 0.898 84 0.543 140 0.917 85 0.5.53 141 0.941

Register, November, 2010. No. 6:59 ' 

# ; !

### 562-23 DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Current through dateand Register shown on Title Page.

Table 3 (continued) Fast-PassEmission Limitations ForTheTransient Emission Test
Second Composite (grams} Second Composite (grams)

142 0.954 191 2.228 143 0.%5 192 2.265 144 0.978 193 2.308 145 O.Q80 194 2.349 146 0.91!4 195 2.389 147 0.988 196 2.414 148 0.991 \97 2.451 149 0.994 198 2.474 150 0.996 199 2.513 151 0.999 200 2.555 152 !.004 201 2.600 153 1.008 202 2.623 154 1.013 203 2.636 !55 1.018 204 2.638 156 1.024 205 2.639 157 1.034 206 2.642 158 1.061 207 2.659 159 1.100 208 2.678 160 1.136 209 2.700 161 1.169 210 2.714 162 1.193 211 2.729 163 1.231 212 2.765 164 1.289 213 2.799 165 1.333 214 2.843 166 1.374 215 2.875 167 1.439 216 2.918 168 1.479 

### ::m 2.949 169 1510 218 2.970 170 1.575 219 2.998 171 1.650 220 3.010 172 \.688 221 3.026 173 L703 222 3.029 174 1.726 223 3.038 175 1.739 224 J.OSO 176 1.751 225 3.053 177 1.762 226 3.054 

# "' 1.790 227 3.054 179 1.817 228 3.055 liO 1.847 229 3.055 181 1.877 230 3.055 182 1.909 23\ 3.055 183 1.940 232 3.056 184 1.970 233 3.056 185 2.005 234 3.056 186 2.062 235 3.056 187 2.103 236 3.057 ISS 2.138 237 3.057 189 2.171 238 3.057 190 2.198 239 3.057 (b) Motor vehicles havingcomposite oxides of nitrogen emission limitation.."i in Table I of at least2.()grams/mile but less than 2.5 gram'ilmile. Second Composile (grams) Second Composite (grams) 30 0.167 42 0.277 31 0.177 43 0.311 32 0.188 44 0.328 33 0.214 45 0.343 34 0.232 46 0.359 35 0.240 47 0.373 36 0.243 48 0.383 37 0.245 49 0.385 38 0.246 50 OAOO 39 0.246 5I 0.410 40 0250 52 0.434 41 0.260 53 0.4&1

Register, November, 20I0, No. 659

## i 

# ' NR485.04 WISCONSIN ADMINISTRATIVE CODE 

### 562-24 

## i Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) 

### i
Fast-Pass Emission Limitations For TheTransient Emission Test Seeond Composite (grams) Second Compo1ite (grams)

54 0.472 119 1.081 55 0.480 120 1.091 56 0.491 121 1.096 57 0.500 122 l.l\1 58 0.506 123 1.122 59 0.509 124 1.135 60 0.512 125 1.138 61 0.516 126 1.139 62 0.519 127 1.139 63 0.523 128 1.139 64 0.529 129 1.139 65 0.533 130 1.139 66 0.535 131 1.!39 67 0.540 132 1.!39 68 0.551 \J3 1.!39 69 0.563 IJ4 1.139 70 0.575 135 L !39 

### I 

# " 0.588 IJ6 1.160 72 0.600 137 1.174 73 0.603 138 1.!83 74 0.604 \39 1.197 75 0.613 140 1.223 76 0.624 141 1.255 

# I.

77 0.646 142 1.272 78 0.651 143 1.286 79 0.659 144 1.304 

# I·

80 0.673 145 1.307 81 0.696 146 1312 82 0.706 147 1.317 i' 

# '· 83 0.716 148 1.321 84 0.724 \49 1.325 85 0.737 \50 1.328 86 0.747 !51 1.332 87 0.748 \52 1.338 88 0.748 \53 1.344 89 0.748 154 1.350 90 0.748 155 1.357 9\ 0.748 !56 1.365 92 0.748 157 L379 93 0.748 158 1.414 94 0.748 \59 1.466 95 0.748 160 1.514 96 0.74!S 161 1.559 97 0.748 162 1.591 98 0.748 163 1.641 99 0.751 164 1.719 100 0.764 165 1.777 101 0.789 166 1.832 102 0.822 167 1.919 103 0.867 168 1.972 104 0.905 169 2.013 105 0.925 170 2.100 106 0.955 171 2.200 107 0.985 172 2.251 108 0.993 173 2.270 109 0.995 174 2.301 110 0.996 175 2.318 Ill 1.010 176 2.335 112 1.028 177 2.349 1\3 1.034 178 2.387 114 1.044 179 2.423 115 1.059 180 2.462 116 1.075 18\ 2.503 117 1.080 182 2.545 118 1.080 183 2.586

RegisTer, November, 20I0, No. 659

### DEPARTMENT OF NATURAL RESOURCES NR485.04

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Sffi>nd

184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 Table 3 (continued) Fast-PassEmission LimitationsForThe Transient Emission Test Composite(grams) Second 2.627 212 2.673 213 2.749 214 2J!04 215 2.R51 216 2.894 217 2.93 I 218 2.971 219 3.020 220 3.077 221 3.132 222 3.185 223 3.219 224 3.268 225 3.299 226 3.350 227 3.4<!6 228 3.466 229 3.497 230 3.5!4 231 3.517 2.'1 3.519 233 3.523 234 3.545 235 1570 236 HOO 237 3.619 238 Composite (grams) 3.686 3.732 3.791 3.833 3.890 3.93:! 3.960 3.997 4.013 4.035 4.038 4.050 4.066 4.070 4.072 4.072 4.073 4.073 4.073 4.073 4.074 4.074 4.075 4.075 4.076 4.076 4.076 21 I 3.639 239 4.076 (c) 

### Motor vehicles havingcomposite oxides o.fnitrogen emission limitations in Table 1of at least2.5grams/mile butless than 3.0 grams/mile. Second Composile (grams) Second Composite (grams) 30 0.262 63 0.703 31 0.275 64 0.707 32 0.301 65 0.711 33 0.317 66 0.716 34 0.327 67 0.721 35 0.330 68 0.726 36 0.332 69 0.742 37 0.334 70 0.759 38 0.336 71 0.773 39 0.337 72 0.784 40 0.354 73 0.790 41 0.366 74 0.794 42 D.410 75 0.799 4J 0.414 76 0.809 44 0.438 77 0.821 45 0.477 78 0.833 46 0.506 79 0.839 47 0.518 RO 0.844 48 0.522 81 0.857 49 0.526 82 0.870 50 0.554 83 0.883 5I 0.574 84 0.894 52 0.587 85 0.902 53 0.601 86 0.907 54 0.615 

# " 0.910 55 0.629 

# " 0.912 56 0.643 89 0.913 57 0.667 90 0.914 58 0.678 91 0.915 59 0.683 92 0.916 60 0.686 93 0.917 61 0.693 94 0.918 62 0.699 95 0.919

Register, November, 2010, No. 659

### NR485.04 

### WISCONSIN ADMINISTRATIVE CODE 

### 562-26 Unofficial Text(See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-Pass Emission Limitations For The Transient Emission Test Second Composite (gram!) Seeond Composite {grams)•

96 0.920 161 2.050 97 0.921 162 2.131 98 0.922 163 2.235 99 0.924 164 2.320 100 0.929 165 2.395 101 0.94! 166 2.488 102 0.970 167 2.563 103 1.027 168 2.645 104 1.093 169 2.746 105 l.l55 170 2.778 106 1.234 171 2.792 107 1.275 172 2.810 108 1.305 173 2.847 11)<1 1.320 174 2.874 110 1.332 175 2.905 111 1.346 176 2.950 112 1.358 177 3.001 113 1.378 178 3.047 114 1.406 179 3.104 115 1.426 180 3.173 116 1.438 181 3.238 117 1448 182 3.302 118 1.460 183 3.372 119 1.462 184 3.452 120 1.467 185 3.545 121 1.476 186 3.648 122 1.494 187 J.701 12l 1.505 188 3.759 124 1.517 189 3.821 125 1.546 190 3.870 126 1.569 191 3.892 127 1.586 192 3.914 128 1.596 193 3.955 129 1.603 194 3.997 130 1.605 195 4.035 131 160<\ 196 4.089 132 1.607 197 4.146 lll 1.607 198 4.206 134 1.608 199 4.243 135 1.614 200 4.295 136 1.616 201 4.351 137 1.631 202 4.398 138 1.643 203 4.4!0 139 1.656 204 4.419 140 1.673 205 4.426 141 1.703 206 4.429 142 1.739 207 4.453 143 1.767 208 4.486 144 1.774 21)<1 4.542 145 1.785 210 4.598 146 1.806 211 4.638 147 1.830 212 4.715 148 1.844 21l 4.774 149 1.845 214 4.829 150 1.846 215 4.872 151 1.852 216 4.931 152 U!68 217 4.981 153 1.877 218 5.017 154 L879 219 5.029 !55 1.886 220 5.033 156 1.900 221 5.037 157 1.9\0 222 5.047 158 1.936 223 5.057 159 1.954 224 5.061 16() 1.986 225 5.062

Register, November, 20\0,No. 659

### 562-27 DEPARTMENT OF NATURAL RESOURCES 

### NR485.04
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

Table 3 (continued) Fast-Pass Emission Limitations For The Transient Emission Test Seeond Compo5ite(grams) Serond Composite (gnms)

226 5.063 233 5.067 227 5.063 234 5.06S 228 5.063 235 5.069 229 5.063 236 5.070 230 5.064 237 5.070 231 5.065 238 5.070 232 5.066 239 5.070 (d) Motor vehicles havingcomposite oxides of nitrogen emission limitations in Table 1of 3.0grams/mile orgreate1: Seeond Compo5ite (grams) St>Cond Composite (grams)

30 0.419 

# " 1.310 31 0.425 

# " 1.319 

# " 0.431 87 1.320 33 0.449 88 1.337 34 0.476 89 1.348 35 0.497 90 1.361 lf• 0.515 91 1.366 37 0.516 92 1.369 

# " 0.519 93 \.373 39 0.527 94 1.375 40 0.542 95 1.377 41 0.560 96 1.379 42 0.598 97 !.381 43 0.616 98 1.383 44 0.645 99 1.385 45 0.670 100 1.399 46 0.691 101 1.405 47 0.716 102 1.466 48 0.735 !OJ 1.485 49 0.765 104 1.546 50 0.802 105 1.623 51 0.836 106 1.699 

# " 0.868 107 !.7(l0 53 0.890 108 1.788 54 0.918 109 1.798 55 0.936 110 1.842 56 0.947 Ill 1.864 57 0.958 112 I.888 58 0.970 113 1.905 59 0.982 114 1.920 60 0.994 115 1.926 61 1.019 116 1.939 62 1.042 117 1.958 63 1.049 118 1.972 64 1.058 119 1.981 65 1.062 120 1.987 66 1.064 121 1.991 67 1.070 122 1.996 68 1.077 123 2.012 69 1.085 124 2.040 70 1.092 125 2.060 71 1.101 126 2.069 

### n 1.111 127 2.092 

### '-' 1.121 128 2.114 74 1.131 129 2.132 75 1.141 130 2.144 76 1.159 131 2.152 77 Ll64 132 2.157 

# " 1.186 133 2.160 79 1.221 134 2.163 80 1.260 135 2.165 81 1.268 136 2.168 82 1.272 137 2.171 83 1.277 138 2.186 84 1.288 139 2.235

Register, November, 2010, No. 659NR485.04 WISCONSIN ADMINISTRATIVE CODE 562-28
Unofficial Text (See Printed Volume). Currentthrough date and Register shown

### o~ Title Page.

Table 3 (continued) Fast-Pass Emission Limitations ForThe Transient Emission Test

Second Composite (grams)

140 2.298 141 2.333 142 2.373 143 2.40<> 144 2.416 145 2.420 146 2.424 147 2.435 148 2.455 149 2.471 150 2.484 151 2.495 152 2.509 153 2.522 154 2.53:< 155 2.541 156 2.552 157 2.589 158 2.631 159 2.704 160 2.758 161 2.802 162 2.904 163 2.960 164 3.027 165 3.127 166 3.187 167 3.306 168 3.384 169 3.467 170 3.565 171 3.640 172 3.718 173 3.781 174 3.827 175 3.852 176 3.903 177 3.930 178 3.970 179 4.015 180 4.074 181 4.159 

# '" 4.'130 183 4.286 184 4.334 185 4.388 186 4.447 187 4.505 188 4.561 189 4.625

History: Renum. from NR 154.17 (3) and am. Register, September, 1986. No. 369,eff. 11-1-86; am. Table, Register, February, 1990. No. 410, etf. 3-1-90;r. and
recr. Register, December, 1995, No. 480, eff. 1---1--96; am. (9) (b), Register, January, 1997, No. 493, etf. 2-1--97: r. and recr. Table I (3), renum. Table3, (!)(a)to (c), (2) (a) to (c) and (3)(a)to(c)to be (1) (b) to (d), (2) (b) 10 (d)and (3) (b) ro (d), Register, November, 1998, No. 515, eff. 12----1--·98; am. (2) (c). (8) (a), (b), (10) (intro.),r. and recr. Table3 (I) (a), 12) (a) and (3) (a), r. Table I (5), Register, November, 1999, No. 527. elf. 12-1-99;renum. (9) (a)to be (9), r. t9) (b), Register, January. 2001, No. 541, etf. 2-1---01; CROS--072: am. Table I (4){title) and cr. Table I (5) RegisterMarch 2006No. 603, etf.4- Hl6;CR 16-049: am. (2) (intro.),(7) (title), (9), r. (3), (4), (6), (7) (a) (title), (b), (8), Table 2, 4, Register Nol'ember 2010 No. 659. eff. 12-1-10. NR 485.045 Repair cost limitforvehicle inspection program. (1) REPAIR cosT LIMIT. For vehicles subjectto the motor vehicle emission inspectionprogramunder s. 110.20 (6),

Register, November, 2010,No. 659 

# -·· Composite (grams) 190 4.696 191 4.731 192 4.780 193 4.837 194 4.876 195 4.928 196 4.972 197 5.025 198 5.104 199 5.189 200 5.275 201 5.336 202 5.366 203 5.387 204 5.427 205 5.444 2116 5.447 207 5.477 208 5.520 209 5.560 210 5.603 211 5.657 212 5.691! 213 5.762 

## • 214 5.836 215 5.944 216 6.008 217 6.040 218 6.072 219 6.089 220 6.101 221 6.118 222 6.126 223 6.139 224 6.145 225 6.148 226 6.150 '121 6.15 I 228 6.152 229 6.153 230 6.154 231 6.156 232 6.157 233 6.159 234 6.160 235 6.16'1 236 6.163 237 6.164 238 6.166 239 6.168

Stats., the repair cost limit for determining eligibility for a waiver ofcomplianceunders. 110:20 (13), Stats., from the emis· sion limitations ofs. NR485.04, shall beestablished in accordance with 42 USC 75lla (b) (4) or(c) (3) (C). and regulations promulgatedthereunder, and shall equal the higherof$450 or an amount calculated from a base of$450 and adjusted annually, beginning in 1989,by the percentage, ifany, bywhich the consumerprice index. as defined in section 502 (b) (3) (B) (v) ofthe Act (42 USC 766!a (b) (3) (B) (v)), has been adjusted. (2) CERTIFICATION OF REPAIR COSTLIMIT. Beginningin 1994, by April I ofeach yearthe department shall certifyto DOT the amount of the repair cost limit calculated under sub. (1) for

### 562-29 DEPARTMENT OF NATURAL RESOURCES 

### NR485.07

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.
detennining eligibility for a waiver of compliance under s. 

### 110.20 (13), Stats., forthe subsequent 12 month period ofJuly 1through June 30.

History: Emerg. cr. etf. 11

.... 15···92: cr. Register, June, 1993, No. 450, eff. 7-1-93;r. (l) (a). Register, December. 1995, No. 480. eff. l-1-96; CR IO-D49:
renum. (I) (intro.) to be(I) and am., r. (I) (b), {c) Register**No~·ember** 2010 No. 659, eff. 12-1-10; correctionIn {2) made**under~** 13.92. (4) (b) 7., Stats.., Reg:i!iiter November2010 No. 659.


### NR 485.05 Visible emission limits for motor vehicles, internal combustion engines and mobile 

### sources. No 

### person may cause, allow orpennit visible emissions in amounts greater than the following limitations, except when uncombined water is the cause for violation: (1) Gasoline-powered internal combustion engines of 25 HP or more, or gasoline-powered motor vehicles: no visible emissions for longer than 

### 5consecutive seconds. 

### (2) Diesel-powered motorvehicles ofmodel year 

### 1970 or

### later: emissions ofshade or density greater

### than number l on the Ringel

### mann chart or 20% 

### opacity for longer than 10 consecutive 

### seconds. (3)**oOieseJ~powered** motor vehicles ofmodel year 1969 or earlier: emissions ofshade or density greater than number 2 on the Ringclmann chart or

### 40% opacity for longerthan 

### 1 0consecutive seconds. (4) Ships, locomotives, or semistationary diesel engines: emissions ofshade ordensity greater than number 

### 2on the Ringelmann chart or

### 40% opacity for longerthan an aggregate time of

### 5minutes in any 3D-minute period Atno time may emissions exceed a shade or density greater than number4 on the Ringelmann chart or 80% opacity.

History: Renum. from NR 154.17 {4),**Regi~ler,** September, 19R6. No

. .'!69, eff 10---1--86; am. (intro.) Register, July. 1989. No. 403, eff. 8 -I---89; am. (intro.) and (4), Register, May, 1992, No. 437. eff. 6-1-92.


### NR 485.055 Particulate emission limitfor gasoline and diesel internal combustion engines. No person may cause, allow or permit the emissions ofparticulate matterto the ambient air from stationary or semistationary gasoline or diesel powered internal combustion reciprocating engines in excess of 0.50 pound ofparticulate per million Btu heat input.

History: Cr.**Regi~ter,** June, 1994. No. 462,elf. 7-1---94. 

### NR 485.06 Tampering with air pollution control equipment. (1) No person may tamper with or fail to maintain in good working order any air pollution control equipment which has been installed on amotorvehicleby the manufacturer prior to sale unless the person repairs orrestores the equipment or replaces the equipment with new identical or comparable tested replacement equipment. Catalytic converters must be original equipment or EPA-certifiedequipment except as specified in«ub. (2). Airpollution control equipment includes but is not limited to: (a) Positive crankcase ventilation equipment. (b) Exhaust emission control equipment (c) Evaporative fuel loss control equipment. (d) Any control equipment operating on principles such as thennal decomposition, catalytic oxidation or reduction, absorption, oradsorption. 

### (2) (a) Notwithstanding sub. (I). anyperson may replace the catalytic converter with aftennarket equipment certified by the U.S. environmental protection agency (EPA) on the following categories ofvehicles: 1. All vehicles ofmodel year 1994 or earlier. 2. For vehicles ofmodel year 1995 or later, those vehicles which are at least 8 model years older than the current model year. or those vehicles with more than 

### 80,000 miles on the odometer. (b) lfthe catalytic converter is replaced, the owner ofthe vehicle shall provide areceipt orother evidence showing thatthe replacement converterhas been certifiedby EPA.

History: Renum. from NR 154.l 7 (2), Register. September. 1986, No. 369, eff. 10··+

..**86~** renum. (intro.) to(4) to (l){a) to(d) andcr. (2), Register, July, 1989, No. 403. eff. 8-1-89:CR05---{)72: am. (2) Register March 2006 No. 603, et[4-1---{)6.


### NR 485.07 Inspection requirement for motor vehicle tampering. (1) APPLICABILITY. This section applies to any motor vehicle which is subject to an air pollution control equipment inspection unders. 110.20 (6) (b), Stats., orwhich is inspected for tampering ofair pollution control equipment. (2) RECORDS AND COMPLIANCE. DOT or 

### its designee shall maintain a record ofvehicles failing the tampering inspection conducted under either s. 110.20 (6) (b), Stats., or any other enforcement mechanism. DOT may not register orrenew registration ofa failed vehicle until evidence ofrepair, replacement or restoration ofthe failed or missing parts is provided to DOT
or its designee, and DOT or its designee reinspects the vehicle for the failed or missing parts. (3) FULL TAMPERING INSPECTION PROCEDURE. (a) full tampering inspections shall consist ofa visual check for the presence andproperconnection ofthe following airpollution control equipment: the positive crankcase ventilation (PCV)valve and connections; the evaporative emissions control canister; the exhaust system catalytic converter and oxygen sensor; the exhaust gas recirculation (EGR) assembly; the air pump, belts and hoses orthe air injector assembly; the fuel inlet restricter: a properly seatedgas tank fill cap; andthe thennostatic air cleaner/ filter assembly. A vehicle shall fail the tampering inspection if this check indicates any evidence oftampering. (b) Full tampering inspections shall also include a visual check ofthe status andopemtion ofany emission service indicator light which has been installed on the motor vehicle by the manufdcturer prior to sale. A vehicle shall fail the tampering inspection ifthe status ofthis light indicates an emission malfunction or ifthe light is not operationaL (c) Full tampering inspections may also include a test for the presence oflead deposits in the tailpipe ifthe vehicle is required to use unleaded gasoline. Evidence ofthe use ofleaded fuel in vehicles requiringthe use ofunleaded fuel as shownbythe presence ofleadin thetailpipe, the presence ofleadedfuel in the gas tank or evidence ofcurrent or previous tampering with the fuel inlet restricter shall constitute tampering with the catalytic converter and the exhaust oxygen sensor ifthe vehicle originally had that equipment. When evidence offuel inlet tampering is found, and a tailpipe lead test indicates the absence of lead deposits, DOT or its designee may waive the requirement to repair, replace orrestore the catalytic converter and oxygen sensor equipment ifthe following conditions are met: 

### 1. A full tampering inspection ofthe vehicle indicates no additional tampering. 2. The owner ofthe vehicle provides evidence to DOT or its designee that the catalytic converterand oxygen sensor were replaced subsequent to April 

### 1, 1988, or the ownerprovides evidence to DOT orits designee that a previously tampered with but partially restored and functional fuel inletrestricterwas installed in the vehiclepriorto orconcurrently v..ith the replacement ofthe catalytic converter and oxygen sensor, or DOT or its designee detennines thattheparticularvehicle model is on a list ofvehicle models that chronically fail the fuel inlet restricter test due to improper new vehicle equipment design, improper new vehicle equipment installation or normal extended wear. (4) SUBSTITUTE PROCEDURE Upon written department approval granted to DOT, a partial tampering inspection**proce~** dure may be substituted for the full inspection procedure in sub. (3), provided that use ofthe substitute procedure maintains the inspection program effectiveness in terms ofadequate pollution

Register, November, 20to, No. 659

### NR485.07 

### WISCONSIN ADMINISTRATIVE CODE

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

reduction and adequate identification and repair of tampered and misfueled vehicles and improperly maintained emission control equipment. (5) PROCEDURE REVIEW. The department shall review the tampering inspection procedure in effect prior to each DOT 

### inspection contractorcontractextension. Upon such review,the department may withdraw or alter any substitute procedure approved under sub. (4).

History: Cr. Register, July, 1989, No. 403, eff. 8-1-89;am. (4) (a) (intro.), Registl.-r, May, 1992, No. 437,eff. 6-l-92:am. (I), (2), (3)(a)and(5), r. (3)(c),renum. (3)(b)to be (3) (c) and am. {intro.), cr. (3) (b), r. and recr. (4), Register, December, 1995, No. 480, eff. 1-1-·96; am. (J) (c) (intro.), Register, January, 1997. No. 493, etf. 2-1--97.

Register, November, 2010, No. 6.59 

### 562-30Ronald Sklansky Clearinghouse Director 

# WISCONSIN LEGISLATIVE COUNCIL RULES CLEARINGHOUSE

Terry C. Aadcnon Legislative CouncilDirector

Richard Sweet ClearinghouseAssistantDirector LaunD.Rose Legislative CouncilDeputyDirector



## CLEARINGHOUSEREPORT TO AGENCY

[THIS REPORT HAS BEEN PREPARED PURSUANT TO S. 227.15, STATS. THIS IS A REPORT ON A RULE AS ORIGINALLY PROPOSED BY THE AGENCY; THE REPORT MAY NOT REFLECT THE FINAL CONTENT OF THE RULE IN FINAL DRAFT FORM AS IT WILL BE SUBMITTED TO THE LEGISLATURE. THIS REPORT CONSTITUTES A REVIEW OF, BUT NOT APPROVAL OR DISAPPROVAL OF, THE SUBSTANTIVE CONTENT AND TECHNICAL ACCURACY OF THE RULE.]

CLEARINGHOUSE RULE 05-072 AN ORDER to amend NR 485.04 Table I (4) (title) and 485.06 (2); and to create NR 485.04 Table I (5), relating to motor vehicle emission limitations and tampering with motor vehicle air pollution control equipment.

Submitted by DEPARTMENT OFNATURALRESOURCES

07-12-2005 08-08-2005

RNS:JES RECEIVED BYLEGISLATIVE COUNCIL. REPORT SENTTO AGENCY.

One East Main Street, Suite401 • P.O. Box2536 • Madison. WI 53701-2536 (608)266-1304 • Fax: {608) 266-3830 • Email: leg councii@Jegis.state.wius 

### http://www.legis.state.wi.usllc

## Clearinghouse Rule No. 05-072 Fonn 2**~page** 

## 2

LEGISLATIVE COUNCIL RULES CLEARINGHOUSE REPORT

This rule 

## has been reviewed by the Rules Clearinghouse. Based on that review, comments are reported as noted below:
I. 

## STATUTORY AUTHORITY [s. 227.15 (2){a)]

Comment Attached 

# YEsO NO 

# [il

2. FORM, STYLEAND PLACEMENT IN ADMINISTRATIVE CODE [s. 227.15 (2){ c)]

CommentAttached YES 

# D NO 

# [il

3. CONFLICT WITH OR DUPLICATION OF EXISTING RULES [s. 227.15 (2) (d)]

CommentAttached YES 

# D**NO~** 4. ADEQUACY OF REFERENCES TO RELATED STATUTES, RULES AND FORMS [s. 227.15 (2){e)]

CommentAttached 

# YEsO NO 

# Iii

5. CLARITY, GRAMMAR, PUNCTUATION AND USE OF PLAIN LANGUAGE [s. 227.15 (2) (f)]



## Comment Attached

## YES~ NO 

# 0

6. 

## POTENTIAL CONFLICTS WITH, AND COMPARABILITY TO, RELATED FEDERAL REGULATIONS [s. 

## 227.15 {2) (g)]



## CommentAttached YES 

# 0 NO 

# [il

7. COMPLIANCE WITH PERMIT ACTION DEADLINEREQUIREMENTS [s. 227.15 (2) {h)]



## Comment Attached 

# YESO NO 

# [il**~.** ',Roaald Sklansky ClearinghouseDirector

Richard Sweet 

# WISCONSINLEGISLATIVE COUNCIL RULES CLEARINGHOUSE

Terry C. Andenon Legislative CouncilDirector

ClearinghouseAssistonlDirector Laura D. Rose Legis/alive CouncilDeputyDirector


# CLEARINGHOUSE RULE 05-072

Comments

[NOTE: All citations to "Manual" iu the comments below are to the Administrative Rules Procedures Manual. prepared by the Revisor of StatutesBureau and tbe Legislative Council Staff,dated January2005.)

5. Clarity. Grammar. Punctuation and Use of 

## Plain Langugge

a. Section 285.1.1 (6), Stats., requires that rules or control strategies submitted to the federal Environmental Protection Agency under the federal Clean Air Act fur the control of atmospheric ozone shall conform with the federal Clean Air Act unless specified conditions are met. The summary accompanying the rule states that "These [federal emissions] standards are more stringent than those in the proposed rule

.... Wisconsin's I/M program currently meets this [federal) performance standard and will continue to meet this standard under the proposed rule revisions." To avoid any ambiguity over whether the rule complies with the requirement in s. 285.11 (6), Stats., the department should consider stating, in the summary accompanying the rule, whether the rule conforms with the federal Clean Air Act, and, ifit does not conform, how the department will comply with s. 285.I 1(6), Stats. b. To provide consistency between the amended title ofs. NR 485.04 Table 1 (4) and the existing titles ofs. NR 485.04 Table I (I)

## to (3), the department should considerrevising the title of s. NR 485.04 Table I (4) as follows: MOTOR VEHICLES INSPECTED ON AND APTER BETWEEN DECEMBER I, I998 AND THE EFFECTIVE

.DATE OF THIS SECTION

....[revisor inserts datel.

One East Main Street, Suite 401 • P.O. Box2536 • Madison, WI 53701-2536 (608) 266--1304 • Fax: (608) 266-3830• Email: leg.counci\®iegis state.wi.us http://www.legis.state.wi.us/k

### ORDER OF THESTATE OF WISCONSIN NATURAL RESOURCES BOARD AMENDINGANDCREATING RULES

The Wisconsin Natural Resources Board adopts an orderto amend NR485.04 Table I (4) (title) and NR485.06(2); and to 

### createNR485.04 Table I (S) relating to

### motor vehicle emission limitations and tampering with motorvehicle airpollution control equipment.

Analysis Prepared bythe Department ofNatural Resources AM-03-05



### l. Statutesinterpreted: ss. 285.11(6) and 285.30(2) and (6)(b), Stats. The State Implementation Plan developed under s. 285.11(6), Stats., is revised.

2. Statutoryauthority: ss. 227.11(2)(a), 285.11(1) and 285.30(2) and (6){b), 

### Stats. 1\ 

# 7- i j[ ,.;; '



### 3. Explanation ofagency authority: Section 227.11(2)(a), Stats., gives agencies general rulemaking authority. Section 285.11(1), Stats., gives the Departmentauthority to promulgate rules consistent with ch. 285, Stats. Section 285.30(2), Stats., provides authority for the Departmentto adopt and revise emission limitations for motorvehicles. Section 285.30(6)(b), Stats., prohibits tampering with airpollution control equipment, butprovides authority fortheDepartmenttopromulgate rules which peimit exceptions to this prohibition.

4. Related statuteorrule: The related statutes are ss. II0.20, 110.21 and 285.30, Slats. These sections specifY requirements formotorvehicle emission inspections in Wisconsin. The first two sections applyto theDepartment ofTransportation and thethird section applies to theDepartmentofNatural Resources. A related rule is ch. Trans 131, Wis. Adm. Code. This chapterestablishes the Departmentof Transportation's administrative interpretation ofs. II0.20, Stats., relating to a motorvehicle emissions inspection program.

S. Plain languageanalysis: Theproposed rule will make three general changes to

### the motorvehicle emission limitations in Table I of
s. NR485.04, Wis. Adm. Code. These emission limitations are pass/fail standards for the state's motor vehicle inspection and maintenance (liM)program. This program originally started during 1984 and is currently operating in the seven southeastern Wisconsincounties ofKenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. Tomeet requirements in the federal 1990 Clean Air Act Amendments, enhanced testprocedures (provided inch. Trans 131, Wis. Adm. Code) and emission limitations associated with those procedures (provided inch.NR485,Wis. Adm. Code)took effect during December 1995.



### Itshould 

## be noted thatthe emission limitations in Table I ofs. NR 485.04, Wis. Adm. Code, are no longer used as pass/fail standards for mostmodel year 1996 and newer light-duty vehicles and light-duty trucks and for most model year2005 and newerheavy-duty vehicles. StartingJuly2001, most ofthese vehicles have been inspected by a check ofthe vehicle's computerized on-board diagnostic (OBD) system instead ofa measurementofthe vehicle'stailpipe emissions.

1

### The

## three general'Changes tothe emission limitations in the proposed rule are: '


### a. Relax the emission limitations for oxides ofnitrogen (NOx) for some groups oftrucks and older
cars to account for some deterioration ofthe emission control systems for these vehicles. b. Establish newemission limitations for modelyear 2005 and newerheavy-duty vehicles to account for the newfederal certification standards required forthese vehicles.
c. SimplifY the emission limitations for some categories ofmodel year 1994-1996 vehicles so that the lane inspectorwould not needto decode dataunderthe vehicle's hood in orderto determine the proper limitations.

The specific changes tothe emission limitations are as follows:

a. Light-Dutv Vehicles

i. Model years 1994-1995: Emission limitations are simplified so that all vehicles in this category will have emission limitations of0.80 grams per mile (gpm) for hydrocarbons (HC), 

### 15.0 gpmfor carbon monoxide (CO) and 2.0 gpm forNOx. [This change has already been authorized by written approval from the DepartmentofNatural Resources to the Department ofTransportation, as allowed underthe currentrule. Withoutthis written approval, the currentrule would havethe above limitations applyonly to 

### those vehicles in this category which are notcertified to meetfederal "Tier 1"emission standards, whilethe vehicles in this category which arecertifiedto meet federal "Tier I" emission standards would have emission limitations of0.60 gpm HC, 10.0 gpm CO and 1.5 gpm

### NOx.]


## ii. Model years 1977-1980: Emission limitation forNOx is changedfrom 4.0 gpm to 5.0 gpm.

b. Light-DutvTrucks with Gross VehicleWeight Rating <GVWR) of6.000 pounds ofless



## i. Model Years 1994-1995: Emission limitations are simplified so thatallvehicles in this category will have emission limitations of 1.60 gpm for HC and 40.0 gpm for CO. The emission limitations for NOxwill be 2.5 gpm (forvehicles with Loaded Vehicle Weight [LVW] of3,750 pounds orless) or 3.5 gpm (forvehicles with LVW ofgreaterthan 3,750 pounds). [Most ofthis change has already been authorized bywritten approval from the DepartmentofNatural Resourcestothe DepartmentofTransportation, as allowed under the currentrule. Withoutthis written approval, the currentrule would have the limitations of1.60 gpm HC, 40.0 gpm COand 2.5 gpm NOx apply onlyto 

### those vehicles in this category which IJ!e not certified to meet federal "Tier 1"emission standards, while the vehicles in this category which are certified to meet federal "Tier 1" emission standards would have emission limitations ofeither 0.60 gpm HC, 10.0 gpm COand 1.5 gpm NOx (for vehicles with LVW of3,750 pounds orless) or0.80 gpm HC, 13.0 gpm CO and 1.8 gpmNOx (forvehicles with LVW ofgreaterthan 3,750 pounds). The only part ofthis change that has notbeen already applied is theNOxemission limitation of3.5 gpm for vehicles with LVW ofgreater than 3,750 pounds. Currently the Wisconsin IIM program uses aNOxemission limitation for these vehicles of2.5 gpm.]


## ii. Model years 1988-1993: Forvehicles with LoadedVehicle Weight greater than 3,750

2

### pounds, the emission limitation for NOx is changed from 

## 2.5 to 3.5 gpm.


## iii. Modelyears 1979-1987:Emission limitation for NOx is changed from 4.5 gpm to 

## 5.5 gpm.

c. Light-Duty Trucks with GVWR of6.001 to 8.500 pounds and Heayy-Duty Vehicles with GVWR of8.500pounds orless


## i. Model 

## year I996: Emission limitations are simplified so that all vehicles in this category will have emission limitations of 1.60 gpm for HC, 40.0 gpm for COand 3.5 gpm for NOx. [This changehas already been authorized by written approval from the Department ofNatural Resources to theDepartmentofTransportation, as allowed under the current rule. Withoutthis written approval, the current rule would have the above limitations apply onlytothose vehicles in this category which are notcertified to meet federal "Tier I"emission standards, while the vehicles 

## in this category which are certified to meet federal "Tier I"emission standards would have emission limitations ofeither0.80 gpm HC, 13.0 gpmCO

## and I.8 gpm NOx(forvehicles with Adjusted Loaded Vehicle Weight [ALVW] of5,750pounds orless) or0.80 gpm HC, 15.0 gpm CO and 2.0 gpmNOx (for vehicles with ALVW ofgreaterthan 5,750 pounds).)

ii. Model years 1988-1989: Emission limitation for NOx is changed from 3.5 gpm to 

## 5.5 gpm.
iii. Model years 1979-1987: Emission limitation for NOx is changed from 4.5 gpm to 

## 5.5 gpm.

d. Heayy-Duty Vehicles with GVWR of8.500to 10.000 pounds

i. Model years 2005 and newer: Emission limitation for HC is changed from 2.00gpm to 1.00 gpm and emission limitation for NOx is changed from 4.0gpm to 3.0 gpm.

ii. Model years 1998-2004: Emission limitation for NOx is changed from 4.0 gpm to 7.0 gpm. 

## iii. Model years 1991-1997: Emission limitation for NOx is changed from 5.0 gpm to 9.0 gpm.
iv. Modelyears 1987-1990: Emission limitation for NOx is changed from 6.0 gpm to 11.0 gpm.

v. Model years 1979-1986: Emission limitation for NOx is changed from 8.0 gpm to 16.0 gpm.
vi. Model years 1970-1978: Emission limitation for NOx is changed from I0.0 gpm to 20.0 gpm.
vii. Modelyears 1968-1969: Emission limitation for NOx is changed from 15.0 gpm to 30.0 gpm.



## 3

## e. Heavv-Dutv Vehicles with GVWR greaterthan I0.000 oounds

i. Model years 2005 and newer: Emission limitation for HC is changed from 3.50 gpmto 1.00 gpm and emission limitation forNOx is changed from 7.0gpm to 3.0 gpm.
The proposed rule will also revise the catalytic converterreplacement provisions ins.NR485.06(2), Wis. Adm. Code, to make them consistentwith the current federal emission warranty provisions in 40 CFR part 85. These federal provisions provide an 8year or 80,000 mile (whichevercomes first) warranty forthe catalytic converterfor model year 1995 and newervehicles. For older vehicles, the federal warranty for the catalytic converter lasts for 5

## years or 50,000 miles (whichevercomes first). Currently s. NR 485.06(2), Wis. Adm. Code., allows aperson to 

## replace the catalytic converteron avehicle olderthan 5 

## model years or with more than 50,000 miles on the odometerwith aftermarketequipmentcertified by the U.S. Environmental Protection Agency (EPA). The proposed revision will allow thattype 

## ofreplacement for all model year 1994 and oldervehicles (sincethey all are olderthan 5 

## model years) and also allow that type ofreplacement for those modelyear 1995 and newervehicles that are older than 8modelyears or have more than 80,000 miles on the odometer. This changethereby will prevent one from replacing the catalytic converteron amodel year 1995 and newervehicle whilethe converteris still underthe federal warranty.

6. Summary of, and comparisonwith,existing orproposed federal regulation: 

## Three federal regulations address activitiesto be regulated by

## the proposed rule: (I)

## the federal motor vehicle certification standards in 40 CFR part 86; (2) the low-enhanced 11M performance standard in 40 CFR 51.351; and (3) the federal emission warranty provisions in 40 CFRpart 85.

40 CFR part 86 provides emission standards for new motorvehicles. Motor vehicles must be

## certified by 

## the EPA to comply with these standards before they can be 

## sold in the United States. These standards are more stringentthan those in the proposed rule. In

## fact, a key

## reason for proposingthis rule is that staff from the Wisconsin Departments ofNaturalResources and Transportation and the 11M program contractor found some ofthe currentemission limitations in ch. NR485 to 

## be

## too close to the federal certification standards, thus**provi~ing** 

## inadequate allowance for deterioration due to age and mileage.

40 CFR 51.35l(f) requires that "Enhanced 11M programs shall be designed and implemented to meetor exceed aminimum performance standard, which is expressed as emission levels in area-wide average grams per mile (gpm), achieved from highway mobile sources as aresult ofthe program." The Wisconsin 11M program is required to meet the "Alternate Low Enhanced 11M Performance Stimdard" in 40 CFR 51.351(g). Wisconsin's 11M program currently meets this performance standard and will continue to meet this standard underthe proposed rule revisions.

40 CFR part 85 includes warranty provisions for motorvehicle emission control equipment. As mentioned in the preceding section, the proposed rule will revise the minimum age and mileage levels underwhich the catalytic converter may be 

## replaced to the age and mileage levels to which the original catalytic converter is underwarranty under 40 CFR part 85.

An important consideration related to acomparison with federal regulations is that the proposed rule meets the requirements ins. 285.11(6), Stats. This section requires that rules or control strategies submitted to the EPA underthe federal Clean Air Act forthe control ofatmospheric ozone shall conform

## with the federal Clean AirAct unless specified conditions are met. This proposed rule does conform with the

4

## federal Clean AirAct. It

## conforms because the proposed emission limitations are notmore stringent than the federal emission standards for new motorvehicles in 40 CFR part 86, but are stringent enough to enable the Wisconsin 11Mprogram to meetthe low-enhanced 11M performance standard in 40 CFR 51.351. (Both the federal emission standards in 40 CFR part 86 and the low-enhanced 11M performance standard in 40 CFR 51.351 were promulgated underthe federal Clean Air Act.)

7. Comparison with rules in adjacent states: The only state adjacent to Wisconsin with avehicle inspection program is Illinois. The motor vehicle emission limitations in Illinois are similarto those in Wisconsin for hydrocarbons (HC) and carbon monoxide (CO). Formostvehicle categories the HC and CO emission limitations for Wisconsin and Illinois are the same, butthe Illinois emission limitations are more stringentthan Wisconsin's for some of the model year 1996 light-duty trucks, while the Wisconsin emission limitations are more stringentfor the model year 1987 cars and the model year 1981-19871ight-dutytrucks. However, overall the Wisconsin emission limitations, both currentand those proposed in this rule, are more stringentthan Illinois's, since Wisconsin's 11M program fails vehicles for high NOx emissions while Illinois's 11M program does not. The U.S. Environmental Protection Agency (EPA) does notrequire thatthe Illinois 11M program fail vehicles for high NOxemissions, since EPA has granted the one-hourozonenonattainment areas inthe Lake Michigan region a waiver, under section 182(f) ofthe federal clean airact, from certain NOx requirements. While this "NOx waiver" also covers theWisconsin 11M program area, Wisconsin elected to enforceNOx cutpoints starting in 2001, since new modeling evaluations have shown that the region's
ozone problem could be reduced through aregional NOx control effort. Ifthe Illinois 11M program area loses this ''NOx waiver" for their upcoming state implementation plan (SIP) for attainingthe eight-hour
ozone standard,the Illinois 11M program may need to fail vehicles for high NOx emissions and the emissions limitations for Illinois and Wisconsin would be similar in stringency.

Wisconsin's motor vehicle emission limitations, both currentand those proposed in this rule, are neither the most lenientnorthe most stringentamong the 11M programs in the United States. As discussed above, the Illinois emission limitations are currently more lenientthan Wisconsin's. However, the emission limitations for the State ofMissouri 11M program are overall more stringent than Wisconsin's. (Both states fail for HC, CO and NOx and have the same emission limitations for model years 1987 and newer. However, the Missouri emission limitations are more stringentthan Wisconsin's for model years 1981- 1986.)

8. Summaryoffactualdata and analytical methodologies: The proposed changesto the emission limitations are basedon acooperative analysis ofthecurrent emission limitations by staffofthe Departments ofNatural Resources and Transportation and the 11M program contractor. The recommended changes to the emission limitations resulting from this analysis are included in the report: An Evaluation ofWisconsin's Vehicle Inspection Program, May 2003, prepared for the Wisconsin Legislature by the Departments ofNatural Resources and Transportation. The changes to the emission limitations in this proposed rule are the same as those recommended in the above report.
The main factual data and information utilized for developing this proposed rule were: emission limitations for enhanced 11M programs recommended in U.S. EPA guidance; the federal motor vehicle certification standards in 40 CFRpart 86; statistics ofvehicles failing the 11M inspection by vehicle category; and information from automotive technicians on the ability ofcertain categories ofvehicles to be repaired to meetthe current emission limitations.

The main analytical methodology used in determining the revised emission limitations was the process of

5

## convertingthe federal motor vehicle certification standards to the same units used for the emission limitations in Table I ofs. NR 485.04, Wis. Adm. Code, and

## then settingthe revised emission limitations to levels sufficiently greaterthanthe federal standards

## to account for some deterioration ofthe emission control systems.

9. Analysis and supporting documents used to determine effect on smallbusiness orin preparation ofeconomic impactreport: The proposedrule is notexpectedto

## have a significanteffecton small businesses norhave a significanteconomic effecton any entity. The main impact ofthe proposed rule is that slightly fewer vehicles will fail the vehicle emission inspection. The Departmentestimates that about 500 fewervehicles will fail peryear, which is expected to 

## be less than 

## one percentofthe total initial inspection failures (79,000 vehicles failed the initial inspection during 2004).

10. Effect on small business: The proposed rule is notexpected to have a significanteffect on small businesses. Small businesses that own vehicles subjectto 

## the 11M program have been and will continue to be affected bythe 11Mprogram in the same way individual vehicle owners are affected. The proposed rule will not impose any new requirements on small businesses.

11. Agency contactperson: ChristopherBovee; phone: (608) 266-5542; email: christopher.bovee@dnr.state.wi.us

SECTION 1. NR 485.04 Table 1 (4) (title) is amended to read:

NR 485.04 Table 1 (4) (title) MOTOR VEHICLES INSPECTED**ON~** 

### Ai'TiiR

BETWEEN DECEMBER 1, 1998 AND THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS

SECTION

.... [revisor inserts date].

SECTION 2. NR 485.04 Table 1 (5) is created to read:

NR 485.04 Table 1 (5) MOTOR VEHICLES INSPECTED ON AND AFTER THE

EFFECTIVE DATE OF THIS SECTION

.... [revisor inserts date].



## 6

### (a) 

### light-Duty Vehicles.

Model 

### Years Hydro<arbool Carbon Moooxide Oxides ofNirrogen (gt'llllllmile) (Bramslmile) (gt'llllllmile) Composile 

### Plwe2 Composile 

### Plwe2 COIIIpOOite


### 1996 and newer 0.60 0.40 10.0 8.0 

### 1.5 1987-199S 0.80 

# o.so 1S.O 12.0 2.0 1983-1986 2.00 1.2S 30.0 24.0 3.0 1981-1982 2.00 1.2S 60.0 48.0 3.0 1980 2.00 1.2S 60.0 48.0 

# s.o 1977-1979 3.00 2.00 6S.O S2.0 

# s.o 1975-1976 3.00 2.00 6S.O S2.0 6.0 1973-1974 7.00 4.50 120 96.0 6.0 1968-1972 7.00 4.SO 120 96.0 7.0
(b) 

### light-Duty Trucks with GVWR of6,(}()()pounds

### orless.

Model Yean 

### Hydrocuboos Carbon Monoxide Oxides ofNitrogen (grams/mile) {grams/mile) (gt'llllllmile) Composite 

### Plwe2 Composite 

### Plwe2 Composite


### 1996 and newer (S37SO lbs LVW) 0.60 0.40 10.0 8.0 

### !.S (>37SO lbs LVW) 0.80 

# o.so 13.0 10.0 1.8 1988-199S 

# (s 37SO lbs LVW) 1.60 1.00 40.0 32.0 2.S ( > 3750 lbs LVW) 1.60 1.00 40.0 32.0 3.S 1987 1.60 1.00 40.0 32.0 

# s.s 1984-1986 3.20 2.00 70.0 S6.0 

# s.s 1979-1983 3.40 2.00 70.0 S6.0 

# s.s 197S-1978 4.00 2.SO 80.0 64.0 6.0 1973-1974 7.00 4.SO 120 96.0 6.0 1968-1972 7.00 4.SO 120 96.0 7.0 (c) 

### light-Duty Trucks with GVWR of 6,001 to 8,500pounds and

### Heavy-Duty Vehicles with GVWRof 8,500 pounds

### orless.

Model 

### Years Hydrocarbool 

### Carbon Monoxide Oxides ofNitrogen (grams/mile) (grams/mile) (grams/mile) Composite Phase 2 Composite Pbase 2 Composite


### 1997 and newer (SS7SO lbs ALVW) 0.80 

# o.so 13.0 10.0 1.8 (>S7SO lbs ALVW) 0.80 

# o.so 1S.O 12.0 2.0 1990-1996 !.60 1.00 40.0 32.0 3.5 1987-1989 1.60 1.00 40.0 32.0 

# s.s 1984-1986 3.20 2.00 70.0 56.0 

# s.s 1979-1983 3.40 2.00 70.0 56.0 

# s.s 1975-1978 4.00 2.SO 80.0 64.0 6.0 1973-1974 7.00 4.SO 120 96.0 6.0 1968-1972 7.00 4.SO 120 96.0 7.0



### 7•,



### (d) 

## Heavy-Duty Vehicles with GVWR of 8,501 to 10,000pounds.

ModelYears Hydrocarboos CuboaMOilOXide Oxides 

### ofNittogcn (gramllmile) (gramllmile) 

### (grams/mile) Composite 

### Plwe2 Composite 

### Plwe2 Composite


### 2005 and newer 1.00 0.63 30.0 24.0 3.0 1998-2004 2.00 

### 1.25 30.0 24.0 7.0 1991-1997 2.00 

### 1.25 40.0 32.0 9.0 1987-1990 2.00 

### 1.25 40.0 32.0 11.0 1985-1986 5.00 3.10 80.0 64.0 16.0 1979-1984 7.50 5.00 100 80.0 16.0 1974-1978 10.0 6.00 150 120 20.0 1970.1973 10.0 6.00 175 140 20.0 1968-1969 20.0 12.5 200 160 30.0
(e) 

## Heavy-Duty Vehicles with GVWR greaierthan 10,000pounds.

Model Years Hydroc:ubons Cuboa MOIIOXide Oxides 

### ofNitrogeo (grams/mile) (grams/mile) 

### (grams/mile) Composite 

### Plwe2 Composite 

### Plwe2 Composite


### 2005 and newer 1.00 0.63 60.0 48.0 3.0 1998-2004 3.50 2.00 60.0 48.0 7.0 1991-1997 3.50 2.00 70.0 56.0 9.0 1987-1990 3.50 2.00 70.0 56.0 11.0 1985-1986 10.0 6.00 150 120 16.0 1979-1984 11.5 7.00 150 120 16.0 1974-1978 13.0 8.00 150 120 20.0 1970.1973 13.0 8.00 175 140 20.0 1968-1969 24.0 15.0 200 160 30.0



### SECTION 3. NR 485.06{2) 

### is amended to read:

NR**485.06{2)~** 

### Notwithstanding sub. {1), 

### any person may replace the catalytic converter ea a .·eA:iele elele£ tftafl § 

### Rteelel yeaFs 

### e£ ·.Jitfl 

### ffl:e£e tflaA 

## §g,ggg 

## miles eR the eaemete£ with aftermarket equipment certified by the U.S.
environmental protection agency {EPA)T on the following categories of

vehicles:


### 1. All vehicles of model year 1994 or earlier.
2. For vehicles of model year 1995 or later, those vehicles which are at least 8 model years older than the current model year, or those vehicles with

more than 80,000 

### miles on the odometer. {b) If the catalytic converter is replaced, the owner of the vehicle shall

8

## provide a receipt or other evidence showing that the replacement converter has
been certified by EPA.

SECTION 4. EFFECTIVE DATE. This rule shall take effect on the first day of the

month following publication in the Wisconsin administrative register as 

## provided ins. 227.22 (2) (intra.), Stats.

SECTION 5. BOARD ADOPTION. This rule was approved and adopted by the State of
Wisconsin Natural Resources Board on December 7, 2005.

Dated at Madison, Wisconsin

__ ..,;;1'-+1-'-'.:::o+/

....



# oL""'---------

STATE OFWISCONSIN DEPARTMENTOFNATURALRESOURCES

# By~&~~"'9~1Mf,!(,4,~4**~~(;~--** ScottHassett, Secretary
(SEAL)



### 9

### BEFORE THE DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PUBLIC HEARING AM-Q3-Q5

NOTICE IS HEREBY GIVEN that pursuant toss. 227.11(2)(a), 285.11(1) and 285.30(2) and (6)(b), Slats., interpreting ss. 285.11(6) and 285.30(2) and (6)(b), Slats., the Department of Natural Resources will hold a public hearing on revisions toss. NR 485.04 and 485.06, Wis. Adm. Code, relating to motorvehicle emission limitations and tampering with motorvehicle airpollution control equipment. The Department's State Implementation Plan will be revised as a result ofthis revision. A motorvehicle inspection and maintenance (1/M) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating in the seven counties ofKenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. To meet requirements for 1/M programs in the federal Clean AirAct Amendments of 1990, Wisconsin started •enhanced" emission inspections on December4, 1995. The enhanced inspection procedures (transient emission test and gas cap integrity test) are more effective in identifying high-emitting vehicles and in diagnosing the causes ofexcess emissions than were the original inspection procedures.
The emission limitations ("cutpoints") subject to this proposed revision are pass/fail standards for the liM program. The Department proposes to revise certain cutpoints for specific categories ofvehicles as follows:

1. Relax the cutpoinls foroxides ofnitrogen (NOx) for some groups oftrucks and older cars to account for some deterioration ofthe emission control systems for these vehicles; 2. Establish new cutpoints for model year 2005 and newer heavy-duty trucks to account for new federal certification standards forthese vehicles; and 3. Simplify the cutpoints for some categories of model year 1994 to 1996 vehicles so that the lane inspectorwould not need to decode data underthe vehicle's hood in orderto determine the proper cutpoints.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Slats., the proposed rules may have an impacton small businesses. The initial regulatory flexibility analysis is as follows:

a. Types ofsmall businesses affected: Small businesses that own nonexempt motor vehicles customarily kept in the 1-county 1/M program area and small businesses that repair motorvehicles that fail the 1/M inspection. Underthe proposed rule, slightly fewer vehicles would fail the 1/M inspection. This may lower vehicle repair costs for some small businesses that own motorvehicles, but may also result in a slight decrease in business for small businesses that repair motorvehicles. b. Description ofreporting and bookkeeping procedures required: Otherthan the requirements for vehicles to report at inspection stations, there are no reporting, bookkeeping or other procedures required for compliance with the rule. c. Description of professional skills required: No professional skills are necessary.
The Department's Small Business Regulatory Coordinator may be contacted at SmaiiBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documentwould summarize the Department's consideration ofthe impacts of the proposal and reasonable alternatives.

### NOTICE IS HEREBY FURTHER GIVEN thatthe hearing will be held on: August 23. 2005 Tuesday Room 140-141, DNR Southeast Region Hdqrs., 2300 N. Dr. Martin Luther King Jr. Dr., Milwaukee at 1:00 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuantto the Americans with Disabilities Act, reasonable accommodations, including the provision ofinformation material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date ofthe scheduled hearing. ·
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Chris Bovee, Bureau ofAir Management P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September2, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy ofthe proposed rule and fiscal estimate may be obtained by contacting Proposed Rules, Bureau ofAir Management, P.O. Box 7921, Madison, WI 53707, phone: (608) 266-7118; FAX: (608) 267-0560.

Dated at Madison, Wisconsin 

# M-= /£ ;:1 t!?

## c?

# C

STATE OFWISCONSIN DEPARTMENTOF NATURAL RESOURCES

By

# ~/l(zg#tt:z'- & 

### Scott Hassett, Secretary

# ***~'** . 

## '.:Hi'.'":
'-**~·** \ 

# ,, .



## •



# •

## ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, RENUMBERING AND AMENDING, AND AMENDING RULES

The Wisconsin Natural Resources 

## Board adoptsan orderto repeal NR484.04 (7), 485.02 (3), (4), (8), (9) and (18), 485.04 (3), (4), (6), (7) (a) (title) and (b), (8), Table2and Table 4, and 485.045 (1) (b) and (c); to renumber and amend NR 485.04 (7) (a), and 485.045 (1) (intro.); and to amend NR 485.04 (2) (intro.) and (91. relatino to the vehicle ins · and maintenance Drooram and affectin!l small business.


## AM-13-10 Analysis Prepared bythe Deparbnent ofNatural Resources
1. Statute Interpreted: ss. 110.20(13)(b), 285.11(6) and 285.30(2), Wis. Slats. The State Implementation Plan developed under s. 285.11(6), Slats., is revised.
2. Statutory authority: ss. 110.20(13)(b), 227.11(2)(a), 285.11(1) and 285.30(2), Wis. Slats.
3. Explanation ofagency authority: Section 110.20(13)(b), Slats., gives the Department authorityto establish the amount ofthe repaircost limitforthe vehicle inspection and maintenance program. Section 227.11(2)(a), Slats., gives agencies general rulemaklng authority. Section 285.11( 1 ), Slats., gives the Department authorityto promulgate rules consistent

## with ch. 285, Slats. Section 285.30(2), Slats., provides authority for the Departmentto adoptand revise emission limitations for motorvehicles.
4. Related statute orrule: The related statutes are ss. 110.20, 110.21 and 285.30, Slats. These sections specify requirements for motorvehicle emission inspections in Wisconsin. The 

## first 

## two sections applyto the Department of

### Transportation and the third section applies to the Department of Natural Resources. A related rule is ch. Trans 131, Wis. Adm. Code. This chapterestablishes the Department of Transportation's administrative Interpretation ofs. 110.20, Slats., relating to a motorvehicle emissions inspection program.
5. Plain language analysis: A motorvehicle inspection and maintenance (liM) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating In the seven counties of

### Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. Initially, all vehicles 

## were inspected by measuring tailpipe emission levels. Since July of2001, however, all model year 1998 and newercars and lighttrucks were inspected by scanning the vehicles' computerized second generation on-board diagnostic (080-11) systems. 

## As of

### July, 2008, the program dropped tailpipe testing entirely and thereby inspected all vehicles by scanning the 080-11 systems. This change

# was the result ofstatutorychanges in the 2007-2009 biennial budget which exempted from the liM program the model years ofvehicles not federally-required to be equipped with the 080-11 technology (model year 1995 and oldercars and lighttrucks and model year 2006 and older heavytrucks). Throughout the history ofthe liM program, avehicle failing the tailpipe test was eligible for awaiver of compliance if

### the cost of repairs to the vehicle exceeded the applicable repair cost limit and ifother conditions specified in Trans 131, Wis. Adm. Code, were met However, priorto July, 200g, the program did not allow such waivers, referred to as 

## "costwaivers', for vehicles failing the 080-lllnspection. The repair cost limits are currently provided ins. NR 485.045, Wis. Adm. Code.
This rule is 

### being proposed in response to 

## two issues relating to the issuing ofcost waivers: (1) the lower repair cost limits currently in effect for vehicles registered in Sheboygan County and (2) the liM program's policy change to allow cost waivers for vehicles failing the 08D-II inspection, starting July, 2009. Descriptions ofthese 

## two issues follow:



## 1

### Shebovgan Countv:
For aiii/M program counties except Sheboygan. the repaircost limit is currently $788 ($450 

### in 1989, 

### adjusted annuaHy each July 1 

### for inflation, using 

### the federal consumer price index). In Sheboygan County the repair cost limit is fixed at $200

### forvehicles of a 1981 

### or newer model year and at $75 

### for oldervehicles. Sheboygan County has had lower repair cost Umits since its nonattainment classification established in 1992

### was at a lower level than that for the other six counties. However, ozone levels in Sheboygan County have not improved as much as in the other six counties, in part due to the aid offederally-mandated reformulated gasoline in the other six counties. Presently, Sheboygan County has the highest ozone levels in the seven-county 1/M program area.

Priorto July, 2009, 

### the liM program did not issue any costwaivers for vehicles failing the OBD-11 inspection. Costwaiverswere not issued for OBD-11 failures because the Wisconsin Department of

### Transportation had interpreted s. Trans 131.05(1)0), 

### Wis. Adm. Code, to mean thatto pass a waiver equipment inspection, which is a prerequisite for receiving awaiver, the OBD-11 system's malfunction indicator light (MIL) must be operational and non-active (that is, not lit). Such a condition could not existwhen avehicle fails the OBD-11 inspection. Therefore. no costwaivers 

## were issued forvehicles failing the OBD-11 inspection and once the liM program became OBD-11- only in July of2008, 

### the program did not issue any costwaivers 

## at all.
Priorto the 11M program becoming OBD-11-only in July, 2008, 

### the program also provided an alternative

## test, allowing avehicle to be inspected regardless of

### the MIL status. However. now thatthe program administers onlythe OBD-11 test, the DOrs

## OffiCe ofGeneral Counsel has determined 

## that DOTs prior interpretation ofs. Trans 131.05(1)0), 

### WIS. Adm. Code, 

# was contrary to s. 110.20(13). 

### WIS. Stats.• since itprevented issuing acostwaiverto 

### every inspected vehicle, regardless ofthe amount spent on repairs. 

### Consequently, since July, 2009, 

### the DOT 

## hasbeen implementing its new interpretation, thereby allowing costwaivers forvehicles failing by means of a lit MIL. The DOT 

## is also in the process ofamending Trans 131.05(1)0), 

### Wis. Adm. Code, 

### to allow a costwaiver in certain circumstances even if

### avehicle's MIL is unable to be tumed off; thereby conforming their rule 

### to statutory language.
Forthe six 

### 11M program counties otherthan Sheboygan, 

## the DNR is projecting that the resumption 

## ofcost waivers would not increase emission levels in those six counties above those projected in the WISCOnsin's 

## state implementation plan (SIP) for attaining and 

### maintaining ozone 

### airquality standards. 

## However, the DNR 

## Is projecting 

## thatthe current

## lower cost limits for Sheboygan Countywould increase the motor vehicle emissions in Sheboygan County 

### by four percent, enough to exceed 

## the emissions projected in 

## the SIP. Raising the repair cost limitfor 

### Sheboygan County to the level used for the other six liM program counties would 

### enable Sheboygan County to achieve the emission levels projected in 

### the SIP.
Rule Summarv:
The DNR is proposing to expand 

### the coverage of

## the inflation-adjusted, currently $788, 

### repair 

## cost limit in 

### s. NR 485.045, 

### Wis. Adm. Code, to all counties subject to the liM program, thereby raising the lower limits for 

### Sheboygan County.
The DNR is also proposing to repeal 

### the emission Umitations in s. NR 485.04, 

### Wis. Adm. Code, for 

### the following tests:

• Evaporative system integrity (pressure) test • Evaporative system purge test • Steady-state tests



## 2 

# .

### These tests provide no significant additional information regarding vehicle emission performance beyond that already provided by the OBD-11 scans. Furthermore, the 

## two evaporative system tests have never beenconducted by the 1/M program and are intrusive, involving the cutting or crimping offuel vapor lines. The steady-state tests were effective early in the liM program, but are no longer conducted. These tests are poor at identifying and diagnosing emission problems in today's vehicles.
6. Summary of, and comparison with, existing or proposed federal regulation: The proposed rule is consistent with the federal clean air

## act and the federal regulations for motorvehicle inspection and maintenance programs underthat act. These regulations are found in 40 CFR 51.350- 51.373.

7. Comparison with similar rules In adjacent states (Illinois, Iowa, Michigan and Minnesota): Illinois is the only adjacent state that has avehicle inspection and maintenance program. In Illinois the repair cost limitfor awaiver is $450. Thus, the state of Illinois has not adjusted its repair cost limitfor the increase in the federal consumer price 

### index since 1989> 

### 8. Summary offactual data and analytical methodologies used and howany related findings supportthe regulatory approach chosen: The U.S. Environmental Protection Agency (EPA) has issued guidanceforadjuSting the repaircost limit for inflation: Calculation ofthe 1/M waiverAdjusted forCPl. Office ofMobile Sources, U.S. EPA, EPA 420-B-99-011, December, 1999, http:/fwww.epa.gov/otag/epglb99011.odf. The DNR has followed this guidance forcalculating the repair cost limit The consumer price index (CPI) adjustmentfor 1989 to 2009 was 1.7520, resulting in a repaircost limit for July, 2010, through June, 2011, of$450 *1.7520

## =$788.
9. Analysis and supporting documents used todetermine the effecton small business orIn preparation of

### an economic Impact report: The onlyeconomic effect ofthe proposed rule is that the liM-related 

### repairs may be more expensive for some vehicles in Sheboygan County thatwhat they would be underthe current rule. The proposed rule would not affect repair costs forvehicles in the other six liM program counties. The DNR estimates that underthe proposed rule, the average cost to repaira failed vehicle during 2011 would be $416 throughout the seven-county program area. The DNR furtherestimates that underthe current rule the average cost to repairafaUed vehicle during 2011 would be only $200 for vehicles in Sheboygan County and the same $416 value forvehicles in the othersix liM program counties. Thus, the proposed rule is estimated to increase the average repair cost perfailed vehicle in Sheboygan County by$216.

10. Effect on small business: Small businesses that own vehicles subject to the liM program have been and will continue to be affected bythe liM program in the same waythat Individual vehicle owners are affected. The proposed rule 

## may have a small, but not significant, economic impacton those small businesses that own non-exempt vehicles registered in Sheboygan County. Improved fuel efficiency resulting from the more thorough repairs may offset some ofthese increased costs.
The proposed rule will not impose any new requirements on small businesses.

11. Agency contact person: Christopher Bovee, DNR- Bureau ofAir Management, P.O. Box 7921, Madison, Wl53707, telephone number: (608) 266-5542; e-mail address: christopher.bovee@wisconsin.qoy

SECTION 1. NR 484.04 (7) is repealed.

SECTION 2. NR 485.02 (3), (4), (8), (9) and (18) are repealed.



## 3

### SECTION 3. NR 485.04 (2) (intro.) is amended to read:
NR 485.04 (2) (intro.) Except as provided in sub. (7) {a}, any motorvehicle undergoing the
transient emission test may 

## not emit from the exhaust system:

SECTION 4. NR 485.04 (3), (4), (6), 

### and (7) (a) (title) are repealed.

SECTION 5. NR 485.04 (7) (a) is renumbered NR 485.04 (7) and as renumbered NR 485.04 (7) (title) is
amended to read:
NR 485.04 (7) (title) FAST-PASS TRANSIENT EMISSION TEST.

SECTION 

## 6. NR 485.04 (7) (b), (8) and Table 2 and Table 4 are repealed.

SECTION 7. NR 485.04 (9) is amended 

## to read:
NR 485.04 (9) EFFECTIVE DATE FOR OXIDES OF NITROGEN REQUIREMENTS. An 

### inspection unders. 110.20 (6) 

### (a), Stats., shall include an inspection foremissions of oxides of

### nitrogen. However, the emission limitations for oxides of

### nitrogen in subs. (2) (c) and (7) 

### (a) 3

. .(Zl.{!U 

### shall applyfor compliance purposes only

## to inspections conducted after May 1, 2001.

SECTION 

## B. NR 485.045 (1) (intro.) is 

### renumbered NR 485.045 (1) and as renumbered is amended to
read:
NR 485.045 (1) REPAIR COST LIMIT. Forvehicles subject to the motorvehicle emission inspection program unders. 110.20 (6), Stats., the repair cost limit for determining eligibilityfor awaiver of compliance unders. 110.20 (13), Stats., from the emission limitations of s. NR 485.04, shall be
established in accordance 

## with 42 USC 7511a (b) (4) or (c) (3) (C), and regulations promulgated thereunder, and shall equal the fellewiRg ameYRI8: higher of

### $450 oran amount calculated from a base of $450 and adjusted annuallv. beginnjng in 1989. bvthe oercentage. if

### any. by which the consumer price



## 4

### index. as defined in section 502 (b) (3) !Bl M ofthe Act 142 USC 7661a lbl (3) !Bl Ml. has been adjusted.

SECTION 

## 9. NR 485.045(1) (b) and (c) 

### are repealed.

SECTION 10. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided ins. 227.22 (2) (intro.), Slats.

SECTION 11. BOARD ADOPTION. This rule was approved and adopted by the State ofWisconsin
Natural Resources Board onAugust 11, 2010.

Dated at Madison, Wisconsin October5, 2010.

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

# ~ta?L (SEAL)



## 5Ronald Skllosky Clearinghouse Director

Rithard Sweet 

# WISCONSINLEGISLATIVE COUNCIL RULES CLEARINGHOUSE

TerryC. Anderson Legislative CouncilDirector

· LaunD.Ro.!le ClearinghouseAssistantDirector Legislative CouncilDeputyDirector



## CLEARINGHOUSE REPORTTOAGENCY

[THIS REPORT HAS BEEN PREPARED PURSUANT TO S. 227.15, STATS. THIS IS A REPORT ON A RULE AS ORIGINALLY PROPOSED BYTHE AGENCY; 

# THE REPORT MAY NOT REFLECT THE FINAL CONTENT OF THE RULE IN FINAL DRAFT FORM AS IT WILL BE SUBMITTED TO THE LEGISLATURE. THIS REPORT CONSTITUTES A REVIEW 

## OF, BUT NOT APPROVAL OR DISAPPROVAL OF, THE SUBSTANTIVE CONTENT AND TECHNICAL ACCURACY OF THE RULE.]

CLEARINGHOUSE RULE 10-049 AN ORDERto repeal NR484.04 (7), 485.02 (3), (4), (8), (9), and (18), 485.04 (3), (4), (6), (7) (a) (title) and 

## (b), (8), Table 2 and Table 4, and 485.045 (I) 

## (b) and (c); to remunber and amend NR485.04 (7) (a), and 485.045 (I) (intro.); and to amendNR485.04 (2) (intro.) and (9), relating to the vehicle inspection and maintenance programand affecting small business.

Submitted by DEPARTMENTOFNATURAL RESOURCES

04-29-2010 RECEIVED BYLEGISLATIVE COUNCIL. 05-24-2010 REPORT SENT TO AGENCY.

RS:LAK

One 

### EastMain Street, Suite 401 • P.O. Box 2536 • Madison, WI 53701-2536 (608) 266-1304 • Fax: (608) 266--3830 •Email: leg coupcii@Jegis.sta.te.wi.us 

### http://www.legis.state.wi.us/lc

### Clearinghouse RuleNo. I0-049 Form 

## 2- page 

## 2

LEGISLATIVE COUNCIL RULES CLEARINGHOUSE REPORT

This rule has been reviewed bythe Rules Clearinghouse. Based onthatreview, comments are reported as noted below:



### I. STATUTORY AUTHORITY [s. 227.15 (2) (a)]

CommentAttached 

# YEsO NO 

# 0

2. FORM, STYLE ANDPLACEMENTIN ADMINISTRATIVE CODE [s. 227.15 (2) (c)]

CommentAttached 

# YEsO NO 

# 0

3. CONFLICT WITH ORDUPLICATION OF EXISTING RULES [s. 227.15 (2) (d)]

CommentAttached 

# YEsO NO 

# 0

4. ADEQUACY OF REFERENCES TORELATED STATUTES, RULES AND FORMS [s. 227.15 (2) (e)]

CommentAttached 

# YEsO NO 

# 0

5. CLARITY, GRAMMAR, PUNCTUATION AND USE OF PLAINLANGUAGE [s. 227.15 (2) 

### (f)]

CommentAttached 

# YEsD NO 

# 0

6. POTENTIAL CONFLICTS WITH, ANDCOMPARABILITY TO, RELATEDFEDERAL REGULATIONS [s. 227.15 (2) (g)]

CommentAttached 

# YESO NO 

# 0

7. COMPLIANCEWITHPERMITACTION DEADLINEREQUIREMENTS [s. 227.15 (2) 

### (h)]

CommentAttached 

# YESO NO 

# 0

## State of Wisconsin Department of Natural Resources

NOTICE OF SUBMITIAL OF PROPOSED RULE TO LEGISLATIVE COUNCIL RULES CLEARINGHOUSE



## Date Submitted: April 29, 2010

Board Order No.: AM-13-1 0

Administrative Codes: chs. NR 484 and 485 Subject: The vehicle inspection and maintenance program.
Date of Public Hearing: June 10, 2010

Name and Organizational Unit of Agency Contact: Robert B. Eckdale

- Bureau of Air Management

Approved by:

# .~0~~ Matthew J. Frank, Seifretary Department of Natural Resources

# Ali-**r~-10** THIS FORMISTO BE CQMpLETED

## AND SUBMITTED BEFORETHESIARJ OFTHEHEARING, 

### Personally identifiable information on this form 

### is not intended to be used for any other purpose. 

# PLEASE PRINT

Date

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## ,.

3. Comments:



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THIS

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### BECOMPLETED

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### BEFORETHESTART OFTHE

## HEARING· PenoaallyIdentifiable Information oa this form is 

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# ""t**~** 

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## S, I 

### State ofWisconsin DepartmentofNaturalResources 

# HEARINGAPPEARANCE Form 8300..14 Rev. I-97

Do you .nsh

### to make anoral statement? 

# 0 Yes 

# 0 No TelephoneNumber (please include area code)



# 0 In support ( .,**~t)** 

### ) 

## "/ti 

## 7-**~0**



# 0 Yes 

# 0 No



# .Jif In opposition

StateofWisconsia Department ofNatural Resources 

# HEARINGAPPEARANCE Form 

### 11300-14 Rev.l-97



# 0 No

u re the authoriad represeatativeofsome otherpersoa ororpalzadoa,ideatiJY who you arerepreseatlagaad yourtitle.)



# :z. Reprdiacruleproposals only. SmaU business represeatadoa: Areyou reprsaendagtheiaterests ofa small busla011 u 

### dellaed by

### s.ll7.114, Wm. Stats.u •a baslaess eatity,iacludlag

### its affiliates,which is iadepeadendyowaed and operated aad aotdomlaaatIa

### its lleld,

### aad which employs fewerthaalSfail-time employees orwhich 

### hua gro51 

### aaaualoales ofless thaa $1,500,000"? 

## ,.k

## ~0**0~ ~~**  3. Comments:

4. P01itloa (Pieaoe checkoae): 

# 0 As iaterest mayappur 

# 0 Iaoupport Ia opposltloaI 

### BEFORE THE DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PUBLIC HEARING Natural Resources Board OrderAM-13-10
NOTICE IS HEREBY GIVEN THAT pursuant toss. 227.16 and 227.17, Slats, the Department of Natural Resources, hereinafterthe Department, will hold a public hearing on repealing, renumbering and amending, and amending rules affecting chs. NR 484 and 485, relating to the motorvehicle inspection and maintenance program and affecting small business. The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed unders. 285.11(6), Slats., will be revised. Hearing Information 

## Date and

## Time Thursday, June 10, 2010 at 1:30PM Location 

### Mead Public Library Rocca Meeting Room 710 North 8111 

### Street Sheboygan, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will 

## be provided for qualified individuals with disabilities upon request. Contact Robert B. Eckdale in writing at the Department of Natural Resources, Bureau ofAir Management (AMfl), 101 SWebster, Madison, 

## WI 53707; by E-mail

## to Robert.Eckdale@wisconsin.gov ;or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date ofthe scheduled hearing. Availability

### ofthe Proposed Rulea and Fiscal Estimate 

### The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from

### the Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at htto:l/www.dnr.stale.wi us/air/ruies}caleodar.htrn

. Ifyou do 

### not have Internet access, a printed copy ofthe proposed rule and supporting documents, including the fiscal estimate, may be obtained free ofcharge by contacting Robert B. Eckdale, Department of Natural Resources, Bureau ofAir Management (AMfl), 101 S. Webster

## St, Madison, 

## WI, 53703, or by calling 608.266.2856. Submitting Comments 

### Comments on the proposed rule must be received on or before Monday, June 21, 2010. Written comments may be submitted by U.S. mail, fax, 

### E-mail, orthrough the Internet and will have the same weight and effect

## as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to: Chris Bovee Department of Natural Resources Bureau ofAir Management (AMf7) 101 SWebster

## St. Madison, 

## WI 53703
Phone: 

## Fax: E-mail: Internet: 608 266-5542 608 267-Q560 Christopher.Boyee@wisconsjn.gov Use the Administrative Rules System Web site accessible through the link provided on the Proposed Air Pollution Control Rules Calendar at http://dnr.wi.gov/air/rules/calendar.htm Analyels Prepared 

### bythe Department

### ofNatural Resources 

### Statute Interpreted: 

### ss. 110.20(13)(b), 285.11(6) and 285.30(2), Wis. Slats. The State Implementation Plan developed under s. 285.11(6), Slats., is revised. Statutoryauthority: 

### ss. 110.20(13)(b), 227.11(2)(a), 285.11(1)and285.30(2), Wis. Slats.

### Explanation ofagencyauthority: 

### Section 110.20(13)(b), Slats., gives the Department authorityto establish the amount ofthe repair cost limitfor the vehicle inspection and maintenance program. Section 227.11(2)(a), Slats., gives agencies general rulemaking authority. Section 285.11(1), Slats., gives the Department authority to promulgate rules consistent with ch. 285, Slats. Section 285.30(2), Slats., provides authority for the Department to adopt and revise emission limitations for motorvehicles.

Related

## statute orrule: 

### The related statutes are ss. 110.20, 110.21, and 

### 285.30, Slats. These sections specify requirements for motorvehicle emission inspections in Wisconsin. The first

## two sections apply to the Department of Transportation and the third section applies to the Department of Natural Resources. A related rule is 

### ch. Trans 131, Wis. Adm. Code. This chapter establishes the Department ofTransportation's administrative interpretation ofs. 110.20, Slats., relating to a motorvehicle emissions inspection program.
Plain language analysis: 

### A motorvehicle inspection and maintenance (1/M) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating in the seven counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha. Initially, all vehicles were inspected by measuring tailpipe emission levels. Since July of2001, however, all model year 1996 and newercars and lighttrucks 

## were inspected by scanning the vehicles' computerized 

## second generation on-board 

### diagnostic (OBD-11) systems. As 

### ofJuly, 2008, the program dropped tailpipetesting entirely and thereby inspected all vehicles by scanning the OBD-11 systems. This change was the result of statutory changes in the 2007-2009 biennial budgetwhich 

### exempted 

## from the 11M program the model 

### years ofvehicles not

### federally-required to be equipped with the OBD-11 technology (model year 1995 and older cars and lighttrucks and model year 2006 and older heavy trucks). Throughout the history ofthe 1/M program, avehicle failing the tailpipe test

# was eligible for awaiverof compliance ifthe cost of repairs to the vehicle exceeded the applicable repair cost limitand ifother conditions specified in Trans 131, 

## WIS. Adm. Code, were met. Priorto July, 2009, the program did not allow such waivers, referred to as "cost.waivers•, forvehiclesfailing the OBD-11 inspection. The repair cost limits are currently provided in s. NR**485~045,** 

### Wis. Adm. Code.
This rule is being proposed in response to two issues relating to the issuing 

## ofcostwaivers: (1)the lower repair cost limits currently in effectforvehicles registered in Sheboygan County and (2) the 1/M program's policy change to allow cost waivers for vehicles failing the OBD-11 inspection, starting July, 2009. Descriptions ofthese two issues follow: Sheboygan Countv:
For all 11M program counties except Sheboygan, 

## the repaircost 

## limit is $787 ($450 in 1989, adjusted annually for inflation, using the federal consumer price index). In Sheboygan County the repair cost limit is fixed at $200 for vehicles of a 1981 or newer model year and at $75 forolder vehicles. Sheboygan County has had lower repair 

## cost fimits since its nonattainment classification established in 1992 was at a lower level than that forthe other six counties. However, ozone levels in Sheboygan County have not improved as much as in the other six counties, in part due to the aid offederally-mandated reformulated gasoline in the other six counties. Presently, Sheboygan County has the highest ozone levels in the seven-county 1/M program area.

Prior to July, 2009, the 1/M program did not issue any costwaivers for vehicles failing the OBD-11 inspection. Cost waivers were not issued for OBD-11 failures because the Wisconsin Department ofTransportation had interpreted s. Trans 131.05(1)0), Wis. Adm. Code, to mean that to pass a waiver equipment inspection, which is 

### a prerequisite for receiving awaiver, the OBD-11 system's malfunction indicator light (MIL) must be operational and non-active (that is, not lit). Such a condition could not exist when avehicle fails the OBD-11 inspection. Therefore, no cost waivers were issued for vehicles failing the OBD-11 inspection and once the 1/M program became OBD-11- oniy in July of 2008, the program did not issue any cost waivers at all. 

# 'I 

### Priorto the liM program becoming 080-11-only in July, 2008, the program also provided an alternative test, allowing avehicle to be inspected regardless of

### the MIL status. However, now that the program administers only the 08D-11 test, the DOT's Office ofGeneral Counsel 

## has determined that DOT's prior interpretation ofs. Trans 131.05(1)(j), Wis. Adm. Code, was contrary to s. 110.20(13), Wis. Slats., since it prevented issuing a cost waiverto every inspected vehicle, .regardless ofthe amount spent on repairs. Consequently, since July, 2009, the DOT has been implementing its new interpretation, thereby allowing cost waivers for vehicles failing by means of a lit MIL The DOT is also in the process ofamending Trans 131.05(1)(j), Wis. Adm. Code, to allow a cost waiver in certain circumstances even if

### avehicle's MIL is unable to be turned off; thereby conforming their rule to statutory language.
Forthe six 1/M program counties otherthan Sheboygan, the DNR is projecting that the resumption ofcost waivers would not increase emission levels in those six counties above those projected in the Wisconsin's state implementation plan (SIP) forattaining and maintaining ozone airquality standards. However, the DNR is projecting thatthe current lowercost limits for Sheboygan County would increase the motor vehicle emissions in Sheboygan County byfour percent, enough to exceed the emissions projected in the SIP. Raising the repaircost limit for Sheboygan Countyto the level used for the other six 1/M program counties.would enable Sheboygan Countyto achieve the emission levels projected in the SIP.
Rule Summary:
The DNR is 

### proposing to expand the coverage ofthe inflation-adjusted, currently $787, repair cost limit in s. NR 485.045, Wis. Adm. Code, to ail counties subjectto the 1/M program, thereby raising the lower limits for Sheboygan County.
The DNR is 

### also proposing to repeal the emission limitations in s. NR 485.04, Wis. Adm. Code, for the following tests:

• Evaporative system integrity (pressure) test • Evaporative system purge test •Steady-state tests
Thesetests provide no significant additional information regarding vehicle emission performance beyond that already provided by the 080-11 scans. Furthermore, the 

## two evaporative system tests have never been conducted by the liM program and are intrusive, involving the cutting orcrimping offuel vapor lines. The steady-state tests were effective early in the 1/M program, but are no longerconducted. These tests are poor

### at identifying and diagnosing emission problems in today's vehicles. Summaryof, andcomparison with, existing or proposedfederal regulation: 

### The proposed rule is consistent 

## with the federal clean air act and the federal regulations for motorvehicle inspection and maintenance programs underthat act. These regulations are found in 40 CFR 51.350 to 51.373. Comparison with similarrules In adjacent

## states (Illinois, Iowa, Michigan, andMinnesota): 

### Illinois is 

### the only adjacent 

## state that has avehicle inspection and maintenance program. In Illinois the repair cost limitforawaiver is $450. Thus, the state of Illinois has not adjusted its repair cost limitfor the increase in the federal consumer price index since 1989. Summaryoffactual data andanalyticalmethodologies usedandhowanyrelatedfindings support the regulatoryapproach chosen: 

### The U. S. Environmental Protection Agency (EPA) has issued guidance for adjusting the repair cost limit for inflation: Calculation ofthe 1/MWaiver Adjysted for CPl. Office of Mobile Sources, U.S. EPA, EPA 420-B-99-011, December, 1999, http://www.epa.gov/otag/epo/b99011.pdf. The DNR has followed this guidancefor calculating the repaircost limit. The consumer price index (CPI) adjustment for 1989 to 2008 

# was 1.7487, resulting in a repair cost limitfor July, 2009, through June, 2010, of $450 *1.7487 

## =$787. Analysisandsupporting documents used

## to determine the effectonsmallbusiness orIn preparetlon 

## ofan economic Impactreport: 

### The only economic effect ofthe proposed rule is that the liM-related repairs may be more expensive for some vehicles in Sheboygan County that what they would be underthe current rule. The proposed rule

## would not affect repair costs for vehicles in the other six 1/M program counties. The DNR estimates that underthe proposed rule, the average cost to repair afailed vehicle during 2011 

## would be $416 

## throughoutthe seven-county program area. The DNR further estimates that under the current rule the average cost to 

## repair afailed vehicle during 2011 

## would be only $200

## for vehicles in Sheboygan County and the same $416

## value forvehicles in the othersix 1/M program counties. Thus, the proposed rule is estimated to 

## increase the average repair cost perfailed vehicle in Sheboygan County by $216.

Effect

## on smallbusiness: 

## Small businesses that own vehicles subjectto the 1/M program have been and will continue to 

## be affected bythe 1/M program in the same way that individual vehicle owners are affected. The proposed rule may have asmall, but not significant, economic impact on those small businesses that own non-exempt vehicles registered in Sheboygan County. Improved fuel efficiency resulting from the more thorough repairs may offsetsome ofthese increased costs. The proposed rule will not impose any new requirements on small businesses.
The Small Business Regulatory Coordinator may be contacted at SmaiiBusiness@dnr.state wi.us ,or by calling (608) 266-1959.


### EnvironmentalAnalysis 

## The Department has made 

## a preliminary determination that adoption ofthe proposed rules would 

## not involve significant adverse environmental effects and would not need an environmental analysis underch. NR 150,WIS. 

## Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration ofthe impacts ofthe proposal and any reasonable alternatives.
FiscalE.t/mate Summary 

## The only fiscal effectofthe 

## proposed rule is thatthe liM-related repairs may be more expensive for 

## some vehicles in Sheboygan County than what they would be underthe current rule. The proposed rule would not affect repair costs for vehicles in the othersix VM program counties. The DNR estimates that under the proposed rule, the average cost to repairafailed vehicle during 2011 

## would be $416

## throughoutthe seven-county program area. The DNR further estimates that underthe current rule the average cost to repair afailed vehicle during 2011 

## would be only $200

## forvehicles in Sheboygan County and the same $416

## value forvehicles in the othersix 1/M program counties. Thus, the proposed rule is estimated to 

## increase the average repair cost per failed vehicle in Sheboygan County by $216. 

## Since about seven percent ofthe vehicles fail the initial inspection and since vehicles are inspected every otheryear, the estimated annual average additional repair cost per inspected vehicle in Sheboygan County is: $216• O.o7 * 0.5

## =$7.56.


## The DNR estimates that the numberof state and local governmentvehicles registered in Sheboygan Countywhich are subject to inspection is 565 (115

## for state government and 450 

## for local governments). Thus the total 

## increased costs are $7.56 • 115

## = $870

## for state governmentand $7.56 • 450

## = $3400for 

## local governments.
The proposed rule would have some fiscal effect on the private sector. The affected entities would be those having vehicles registered in Sheboygan Countywhich are subjectto inspection. The estimated fiscal 

## effect is an average increase in annual repair costs of$7.56

## per inspected vehicle. Thus, the 

## estimated fiscal effect for an entity having 100

## vehicles registered in Sheboygan County and subjectto inspection is $756 

## peryear. Improved fuel efficiency resulting from the more thorough repairs may offset some ofthese**incre<~sed** 

## costs. Agencycontactperson: 

## Chris Bovee 

## P.O. Box 7921 

## Madison, WI 53707 

## Phone: (608) 266-5542 Fax: (608) 267-0560 

## Email: Christopher.Bovee@wisconsin.gov

### Dated at Madison, Wisconsin

# ~ds;'dLJ/d STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

### 145 DEPARTMENTOF TRANSPORTATION Trans 131.02

Unofficial Text (See Printed Volume). Current through datt> and Register shown on Title Page.



## ChapterTrans 131
MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM (MVIP)

Trans !3!.01
rrans 131 .02 Tmns 131.03**Tran~** !31.04 Tmns 131.05 Tnms 131.06 Trans 131.07**Tran~** 131.08 Pu11mse and scope. Definitions. Emission inspe.;tion and rcinspe\:tion. Waiverof-.-ompliance. Waiver emission**~.-quipment** impoction. Inspection compliance. Voluntary inspections. Letter oftemporary exemption from emission inspection requirements.

Note: Chapter Trans 13I as it existed on June 30. I993 was rt.-pealed and a new ch. Trans !31 was created effective July I, 1993.
Trans 131.01 Purpose and scope. (1) STATUTORY AUTHORITY. 

### As authorized by 

### ss. I10.06. 

### I10.20 (9) and 227.1 

### I (2) (a), Stats., the purpose ofthis chapter is to establish the department's administrative interpretation ofs. 110.20, Stats., relating to a motor vehicle emissions inspection program. (2) APPLICABILITY. TI1is chapter applies to all nonexempt vehicles customarily kept in those counties certified bythe department ofnatural resources under s. 110.20 (5) (a), Stats. It also applies to all nonexempt vehicles customarily kept in any county whose board of supervisors has adopted a resolution under s. 110.20 (5) (b), Stats., requesting the department establish 

### an inspection and maintenance program, and applies to any nonexempt vehicle which a person presents for a voluntary inspection at an inspection station pursuant to s. 110.20 (7), Stat'\., and s. Trans 

### I31 

### .07. Forpurposes ofdetermining where avehicle is customarily kept. the county ofdomicile as indicated by the vehicle owner and contained in the department's title data base shall be used. In the absence of

### an indicatedcounty ofdomicile, the owner or lessee'spost office address shall be used to determine county ofdomicile. The department may detennine whetherthe vehicle domicile location is consistent with the owner or lessee's post office address orwith other infOrmation that indicates the customary location ofthe vehicle. Thedepartment may change avehicle domicile location in department title records to make it consistent with the results ofits determination, and may require the vehicle to undergo emission inspection as required in this chapter. Ifthe vehicle owner orlessee disputes the department's detennination, the vetii.cle owner or lessee may present evidence satisfactory to the department of the correct vehicle domicile location. The department decision as to correct vehicle domicile location shall be the final decision ofthe department.

Notr: Fonns used in tb'ts chapterareMV 2016. substitute renewal notice; MY 2470. vehicle inspecrion report; MY 2472. application for leiter oftemporary exemption from emission lest n:quircments; MV 2588, exchanged engine certificale; MV 2594, quality**as~urance** inspeclivn repon.Copies can be obtlined tium the Wis- ..:onsin Depanment ofTransportJtion. Dealer and Agent Section, P. 0. Box 7909, Madisoo, WI 53707--7909.

History: Cr. Register. June. 1993. No. 450. efl 7-1-93; CR 07-J !4: am. (2) Reg**i~ter**June 2008 No. 630, eff. 7-I--G8; CR 16-088: am. (2) Register I>e«mber 2010 :\'o.660,efr.I-I-1J.
Trans 131.02 Definitions. Words and phrases defined in
s. 110.20. Stats

.. have the same meaning in this chapter unless a different definition is specified. In this chapter: (1) "Air pollution control equipment" or ·•emission**equip~** ment" means any equipment or feature which constitutes an operational element, device or mechanism which is part ofthe air po!lution control system on a motor vehicle. (1m) "Authorized inspection facility" means a self-service inspection facility, ora private inspection facility, oran inspection station or facility operated by the department, orby a contractor Trans 131.09**Tran~** 131.10**TraiL~** 131.11 Trans 131.12 Tf'<lli.S 131.13 Tnms 131.14 Trans 13Ll5 Trans 131.16 Trans 13 1.17 femporary operating permits. Recipro.;:ity. Audits**ofin.~pcction** facilities. Equipment sp(.'(:ifications and quality control. Licensing ofinspa..'tors. Remote sensing. Perfonnance monitoring ofrepair llu:ilities. Automotive emission repair technician training. Notification ofinspection requirementll.

or subcontractor authorized by the department to perfOrm emission inspections. (2) ''CO" means carbon monoxide. (3m) "Collector vehicle" means a nonexempt vehicle with a collector special interest vehicle registration under s. 341.266, Stats.

(6) "Contractor" means a person with whom the department has a contract that provides for the operation of one or more inspection stations 

### orfor the pcrfonnance ofemission inspection at 

### an authorized inspection facility otherthan 

### an inspection station or for the performance of a service related to the Wisconsin vehicle emission inspection program. (6m) "DLC"means data link connector on a vehicle equipped with an OBD li system. 

### (6r) "DTC" means diagnostic trouble code stored by a vehicle's OBD IJ system. (7) "Department" means the Wisconsin department oftransportation. (8) "Electronic reporting," "electronically reported" or ·'reported electronically" means reported directly to the department orits contractor electronically in a fonnat specified by 

### the department (9) "Emission limitations" meansthe maximum vehicle emission concentrations ins. NR485.04.

Note: ChapterNR 485 may be obtained from the WiSCQILSin DepartmentofNatural Resources., Bureau ofAirManagement, P.O. Box 792I, Madison, Wl 53707. (10) "Emission inspection" means the OBD II inspection. (12) "Exempt vehicles" means all vehicles other than nonexempt vehicles which are identified ins. 28530 (5), Stats., and s. 

### NR 485.04 (10).

(13) "Exhaust emission" or "exhaust gas" means the**com~** bination ofsubstances emitted into the atmosphere from the tailpipe ortailpipes ofa motor vehicle. (15) 

### "Federal nde""

### means 40

### CFRpart 51. subpartS. inspection/maintenance program requirements; final rule.

Note: All references made to the Federal Rule in this document 11r<! to40 CFR Part 51, SubpartS**lnspectioni~bintenance** Program Requirements; Final Rule dated November 5, 1992, as 11mended through January !, 2001. (17) "GPM" means grams per mile. (18) "GVWR" means gross vehicle"weightrating and has the
same meaning as provided ins. 340.01 (19r}, Stats.

(19) "Government vehicle" means a motor vehicle both owned by this state or by any county, municipality, orfederaUyrecognized Indian tribe or band and registered under s. 34126 (2m), Stats., or a vehicle owned or leased by the United States. (20) "He"" 

### means hydrocarbon. (20m) "Hobbyist vehicle" means a nonexempt vehicle with a hobbyist registration under s. 341.268, Stats. (21) "Homemade vehicle" has the same meaning as provided ins. 341.268, Stats.

Register. De.;.:mbcr. 2010, No. 660

### Trans 131.02 WISCONSIN ADMINISTRATIVE CODE 146
Unofficial Text (SeePrintedVolume). Currenttbrough date and Register shown on Title Page.

(22) "Inspection"means the mandatory vehicle emission inspection required by s. 110.20, Stats., consisting ofan OBD Il inspection. 

### (23) ·'Inspection report" has the same meaning as providedin sub. (54). (24) "Inspection station" means an inspection facility oper

### ated by apartyunder contract withthe department forthe 

### pnrpose ofconducting vehicle emission inspections requiredby 

### s. 110.20, Stats. (25) "Inspector" means 

### the individual who performs the vehicle emission inspection for the contractor or subcontractor. (26) "MIL" means malfunction indicatorlamp. (28) "Master automotive technician" means aperson possessing the highest level ofany nationally recognized certification organization for automotive emission-related diagnosis and repair. (29) "Model year" meansthe date ofmanufacture ofthe originalvehicle within the annual production period ofthe vehicle as designated by the manufacturer, or ifa reconstructed or homemade vehicle, the first yearoftitling. Ifthe manufacturerdoes not designate a production period, the tenn "model year" means the calendaryearofmanufacture. Detennination ofmodelyear shall be as indicated in the VIN or on the vehicle's registration documents. (31) "New vehicle" means a motorvehicle to whichthe legal title has neverbeentransferred to an ultimate retail purchaser as defined ins. Trans 139.02. (34) "OBD ll" means the on-board diagnostic system installed on 1996 and newer vehicles by the manufacturer that 

### meets the regulations promulgatedby the USEPA under42 USC 740!-7671q. (34m) "OBD inspection" or "OBD II inspection" means an emissions related inspection in which the vehicle's on-board computer is accessed to evaluate the 

### status ofthe vehicle's emission control system. (35) "Perfonnance monitoring" means the system ofevaluating automotive repair facilities' perfonnancebycollecting andreportingthe repairdata as recorded onthe vehicle inspection report or as reportedelectronically, upon perfonnance of

### the repair. (36) "Person"means an individual, corporation, association, ftnn, partnership,joint stockcompany, public ormunicipal corporation, political subdivision, the state orany agency thereof, and the federal government. (37) "Proper'' or"properly"' means meetingoriginal manufacturer's equipment standards or the equivalent. (37m) "Readiness monitors"means the tests 

### performed internally by a vehicle's OBD II systemthat detennine ifanemission component is ready tobe checkedbythe on-boardvehicle computer. (38) "Recognized automotive emission repair technician"
means a person whohasreceivedandhas proofofformal training in both diagnosis and repair ofautomotive engines and related systems. (39) "Recognized repair facility'' means a franchised new car dealer or other business with a Wisconsin sales tax number that perfonns emissionrepairs as a regularpart ofits business activities and employs at least one

### recognized automotive emissionrepair technician. (40) "Reconstructed vehicle" has the same meaning as pro

### vided in s. 341.268 (l)(d), Stats. (41) "Registration" has the same meaning as provided ins. 

### 344.01 (2) (e). 

### Stats. (42) "Remote sensingtest" meansthe test conductedunder s. 

### Trans 131.14. (44) "Tamper" or•'tampering" hasthe samemeaning as ins. 

### 285.30 (6) (a) 3., Stats.

Regis1er, December. 20l0, No. 660 (45) "Technical assistance center" means either a separate contractor facility or a portion ofan inspection station which, underthe direction ofa master automotive technician. is equipped to perform both emission inspections and complete diagnostic evaluations ofnonexempt vehicles. (48) "Truck" hasthe same meaning as •'motor truck" aspro

### vided in s. 340.oi (34), Stats. (50) "USEPA" means the United States Environmental 

### Protection Agency. 

### (50m) "USEPA technical guidance" means 

### theUSEPA publication "Perfonning Onboard DiaguoJtic System Checks as Part of
a Vehicle Inspection and Maintenance Program," dateO June, 2001, which is incorporated herein by reference. Any alternative inspection procedures or changes in procedural details shall be approvedbythe USEPA administratorpriorto use.

Note: Copies are on file with the Legislative Reference Bureau andthe Allomey General's office. These procedures are available in published tOnn from theWisconsin DepartmentofTransportatioo, BureauofHeldServices. P. 0. Box 7909, Rnom 253, Madison. WI 53707-·-7909 and canbe accessed onthe internet athttp:/lv.ww.epa.govlotaqlregs.'imiobdfrQI015.pdf. (51) "\1m" means a motor vehicle constructed on a truck chassis, orindicated as a truck on

### the manufacturer's statement of origin. with a completely enclosed driver and cargo compartment useable as a cargo carrying vehicle or as a passenger vehicle depending upon equipment. (52) "Vehicle" or "motor vehicle" has the same meaning as 

### provided ins. 340.oJ (35), Stats. (53) "Vehicle inspection notice" means a documentmailed to vehicle owners as a result offailing a remote sensingtest indicating that the nonexemptvehiclehasbeen inspected inaccordance with the provisions ofs. Trans 131.14 and, ifnecessary, shall be presented at an inspection station or other authorizedinspection 

### facility for inspection under 

### s. 110.20 (6) 

### (a) 4

.. Stats. (54) "Vehicle inspection report" mean.-; a serially numbered documentissued at an inspection station orauthorizedinspection facility or technical assistance center or by an inspector designated by the department 

### to perform the functions ofa technical assistance center atthe time ofvehicle inspection. indicatingthat the vehicle hasbeen inspectedin accordance with the provisions ofthis chapter, and may include data reported electronically. (55) "YIN" means a unique vetVcle identification number as 

### defined ins. 340.QI (23r), Stats. • (56)

..Voluntary inspection" means the voluntary presentation ofa nonexempt vehicle for an emission inspection. (56m) "Waiver" means a conditional one-cycle exemption from emission inspection 

### that maybe grantedtoa vehicle owner or lessee. (57) "Waiveremissionequipmentinspe(..-tion" means a visual inspection conductedto determine the presence and proper connection ofselected emission equipmenton vehicles presented for waiver detenninationunder s. Trans 131.04. (58) "Waiver investigator'' means the department employee
or designated contractor representative who approves or disapproves applications for waivers.

Hi!ltory: Cr. Register, June, 1993, No. 450, et[ 7-1·-93; emerg. revise eft 12--4-95; am. tintro.). renum. (I)to (4), (6) to (I0), (14) to ( !6), (18) 10 (22). (24). (26) to (28) and (34)w(42) wbe (2), (3), (6) to (10), ( 12), (13), (16), (19) to (25). (29) to (32). (36), (37), (41), (43), (44), (48), (51), t52). (54), (56). (58), respectively. and am. (6), (8) ro ( 10), (12}, (19), (22), (23). (25}, (29), (32), (43), (44), (51), (52), (54), (56), (58), cr. (!),(3m), (4), (14). (15), ( 18), (20m), (27). (28), t]4), (35), (38). (39), (40), (42), (45). (47). (49), (50), (50m), (53). (55)and(S7). r. (5), (12), ( 13), (23), (25), (29), (30), r. and recr. (ll), (17), (33), Register, April, 1996. No. 484, eff. 5-\-96;**corre~-1ion** in (44) made unders. 13.93 (2m) (b) 7., Statr.., Rl..'gister, August, 1996, No. 488; correction made to delete duplicative subsection and correction in (12) and(20m)madeunders. 13.93 (2m)(b)7., Slats

.. Register, April. 1999, No. 520: cr. (6m), (6r), (26). (34m), (J7m), am (11), (22). (32), (50m) and(58), RegiSier. May, 2001,No. 545,eff. 6-l-Ql;CR07-\14:cr. (1m) and(56m),r. (3).{4),( II), (14). (16), (27), (30), (32), (33). (43), (47) and (4Q), am. (6), (6f). (I 0), (22), (25). (34) to (35). (50m), (53) and (54), r.**<~nd** recr. (8) Register June 2008 No. 630, etl 7---\·

..-QS; CR 1H88: am. (lm), (6). (10), (34m), (50m), (54) and (56m) Register Dec:ember :ZOlO No. 660, eft 1-1-ll.147 

### DEPARTMENT OF TRANSPORTATION ,Trans 131.03

Unofficial Text (See Printed Volume). Currentthrough dateand Register shown on Title Page.



### Trans 131.03 Emission inspection and reinspection. (1) GENERAL (a) All**nonexemptvehiclesthatarecustom~** arily kept 

### in counties certified under s. 110.20 (5) 

### (a), Stats., or in a count;· whose county 

### board adopts aresolution under s. 110.20 (5) (b), Stats.• shall be inspeCted as provided in this chapter. Penalty for fuilure to comply with this section consists ofeitherdenial ofregistration renewal or suspension ofvehicle registration as set forth ins. 341.63 (!)(e). Stats.

Note: The 6counties ofKenosha. Milwaukee, Ozaukee, Racine, Washingtonand Waukesh<! were certifie<.l by the departmentofnatural resources in a letterto the department dated August 21. 1981. Sheboygan County was certified by the dt.-partment ofnatufl:ll resource:; in a letter to the department datedApril 20. 1992. (b) Nothing in this chapter waives 

### an expired registration because of

### tailure topass inspection requirements by the registration deadline. (c) A vehicle is first subject to the requirements ofthis chapter when the vehicle is 4 model years old. (d) Forpurposes ofcalculating the number ofmodel years of vehicle age under ss. Il0.20 (13) and 285.30 (5). Stats., a model year shall be considered synonymous with a calendar year. Not satisfying the inspection requirements ofthis chapterpriorto the date ofregistration expiration shall not extend vehicle age.

Note: Forexample, a 2004 model ytoarvehicle shall be considered as being more than 4 model years old commencing January I, 2008. (2) WHEN INSPECTION REQUIRED. Nonexempt vehicles subject to 

### an inspection shall have the inspection completed as provided in this chapter when any ofthe following apply: (a) No more than 180 days prior to renewal ofannual registration. This requirement applies when the vehicle is 4 model years old and every 2 years thereafter. (b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within ISO days prior to such ownership change registration, or

Note: Forexample, a2004 model yearvehicle shall be considered as being more than 4 mr>del years old commencing"January 1. 200K (c) Within 45 days ofnotification offailing a remote sensing test, as required by s. I I0.20 (9) (g), Stats. (d) Within 45 days ofcollector or hobbyist registration issuance. (J) DOCUMENT REQUIREMENTS. Each vehicle presented for inspection at an inspection station or at an authorized inspection facility shall be accompanied by at leastone ofthe following documents which identifies the vehicle by make, model year, VJN, and license plate number: (a) A current Wisconsin vehicle license renewal notice. (b) A current Wisconsin certificate ofregistration. (c) A currentWisconsin certificate oftitle. (d) Avehicle inspection report ifareinspection, unless repair performance data has. upon performance of the repair, been reported electronically. (e) A letter oftemporary exemption issued by the department (1) A properly completed substitute renewal notice, form 

### MVD2016. (g) A letter issued by the department notifying the vehicle owner that the vehicle requires inspection. (h) A properly completed voluntary inspection request form. obtainable from the manager at each ofthe inspection stations or at other authorized inspection facilities as determined by the department (4) SCOPE AND NATIJRE OF INSPECTION. The vehicle emission inspection shall consist ofan OBD II inspection which indicates whether the MIL is commanded on and, ifso, the DTCs causing the COIII.mand. ,. (5) EMISSION STANDARDS. (a) Vehicles that meet any ofthe following conditions shall fail the inspection: 1. The DLC is missing, has been tampered with, or is otherwise inoperable. 2. The MIL does not illuminate at all when the ignition key is turned to the "key on, engine off'' position. 3. The MIL illuminates continuously or flashes when the vehicle is in the "key on, engine running " condition, even ifno DTCs are present. 4. A scan tool indicates that any DTCs 

### are presentand thatthe vehicle's MJL status is commanded on. (b) Ifthe MIL is notcommanded to be illuminated, the vehicle shall pass the OBD inspection, even ifDTCs are present. (6) EMISSION INSPECTION. (a) General requirements. I. Vehicles shall be inspected in an as-received condition. Prior to inspection, the engine shall be operating at the manufacturer's recommended engine idle speed without excessive smoke, at normal operating temperature, not overheating, as indicated by gauge, warning light orboiling radiator, and with all accessories off.

### 2. The vehicle shall be nearly level when inspected in order to prevent abnormal fuel distribution. 

### 4. Vehicles that are designed to operate with more than one type offuel shall be inspected on the fuel in use at the time of inspection.

(d) OBD invpectionprocedures. 1. An OBD II inspection shall 

### be perfonned on all model year 1996 andnewervehicles equipped with OBD II systems. The 080inspection shall 

### be performed according to the procedures specified in section 85.2222 ofthe federal rule. 2. Ifthe vehicle's DLC cannot be located, oris located such that an inspector cannotreasonably access it during the course of a vehicle im.'J)eCtion, the vehicle shall receive a waiverequipment inspection as provided ins. Trans 131.05 and, pending the outcome ofthis**in~'Pection,** be referredto a technical assistance center orother facility orinspectordesignated by the department toperform the functions ofa technical assistance center for issuance of a technical waiver ofcompliance as provided in s. Trans 131.04 (l)(b). 3. The inspector shall connect the inspection system to the vehicle by connecting the vehicle's DLC 

### to the OBD II inspection system. The inspection system shall determine what readiness monitors are supported by the vehicle's OBD II system, and perfonn a readiness evaluation or applicable readiness monitors in accordance with the USEPA technical guidance. Ifthe readiness evaluation indicatesthat any on--board tests are not complete, the vehicle shall be rejected from inspection. Vehicles rejected because on--boardtests are not complete shall be required to leave the inspection station, pursue a means ofcompleting on-board tests, and return for inspection. 4. An exception is allowed tOrmodel year 1996 to model year 2000 vehicles, with 2or fewer unset readiness monitors, and for model year2001 and newervehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness monitors in question, may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular readiness monitors. Vehicles from those model years with unsetreadiness monitors which also have DTCs stored resulting in the MIL to be commanded on shall fail the OBD in-**~'J)ection.** 5. ffthe inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane. 8. Ifthe malfunction indicator status indicates that the MIL has been commanded to 

### be illuminated, the inspection system shall record all OTCs resulting in MIL illumination in the vehicle inspection record. 10. Vehicles failing the OBD inspection may not be reregistered within the state ofWisconsin until such failing items have

Register. December, 2010, No. 660Trans 131.03 

### WISCONSIN ADMINISTRATIVE CODE 

### 148

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.



### been repaired orreplaced ifnecessary as required by s. 

### 285.30 (6), Stats. (10) REINSPEcnoNs. (a) Vehicles failing initial inspection 

### may receive a reinspection at no additional charge under the following conditions: l. The reinspection shall takeplace within 

### 30 days of

### the ini

### tial inspection orthe owner orlessee shall present satisfactory evidence that the repairs and adjustments whichwere performedon 

### the vehicle couldnothavebeen made within 30 days ofthe initial inspection. Additionally, the vehicle shall have been repairedor adjusted according to s. 

### \\0.20, Stats., and this chapter. 2. The vehicle shall be accompanied by 

### its previous vehicle inspection reports. Repair information, as completed by the person performing the repairs, shall be 

### indicated in the space provided on the reports, unless it is reported electronicaJly, upon**per~** 

### fom1ance ofthe repair. 

### The completed repair section on the vehicle inspectionreport, orthe data reported electronically, shall indicate all ofthe 

### following:

a. 

### The repairs performed as well as any recognized automotive emission repair technician recommended repairs not performed per owner's request. b. 

### The name, address and telephone number ofthe repair facility.
c. The name ofthe individual who performed the repairs. d. Ifavailable, the appropriate identification number ofthe recognized repair facility and technician. 

### 3. The vehicle is not prohibited from inspection pursuant to sub.(\\). (b) 2. Avehicle that fails the OBD inspection shall 

### be reinspected afterrepairprovidedareadiness evaluation indicates that:

a. 

### All applicable**on~board** tests 

### are complete for the 

### component for which the vehicle failed its priorinspection, and b. All applicable on-board tests are complete except as allowed under sub. (6) (d).

Note: For example, a catalytic monitor must beready aftera catalyst is repaired 

### (c) Ifthe vehicle passes the reinspection, the contractor 

### shall retain all previously-issuedvehicle inspection reports and issue a vehicle inspection report indicating compliance. Ifthe vehicle does 

### not pass the reinspection, the 

### contractorshall issue avehicle inspection report indicatingnon-compliance. Iftheowner orlessee requests a waiver ofcompliance from emission limitations., the waiver investigator shall review the request and shall either approve or deny the

### request in 

### accordwith s. Trans 131.04. lf

### approved, the waiver investigator shall retain all previously-issued vehicle inspection report'>, except the latest on which the waiver is indicated as granted. (d) 

### The following limitations on the total number ofinspections performed at no additional charge shall apply for each vehicle requiring compliance with this 

### chapter: 1. 

### Avehicle may receive no more than 2

### reinspections. The reinspections shall occur within 30 days ofinitial inspection. 2. 

### Ifthe vehicle does not meetapplicable emission inspection standards, the owner or lessee may apply for a waiver ofcompliance from these standards in accord with s. Trans 131.04. (e) Nonexempt vehicles may 

### be reinspected at any time 

### ac- cording to the voluntary inspectionprocedure ofs. Trans 131.07. {11) }NSPE.CTION PROHIBilhD. 

### The inspectorshall

### refuseto

### perform any inspection requiredby 

### this section for any vehicle ifany ofthe following apply: (b) Thevehicle iscarrying explosives or otherhazardous material which is recognized as a safety hazard by 

### the contractor. (c) The vehicle is towing atrailer or another vehicle which is considered a safety hazard by the contractor. (d) Gasoline, oil or other fluid leaks are considered a safety hazard by 

### the contractor.

Register, December, 2010. No. 660 

### (e) The vehicle exhibits excessive idle speed. in thejudgment ofthe contractor.

(f) 

### The vehicle is emitting smoke in amounts greaterthan the limitations specified ins. NR485.05.

(j) The vehicle is subjectto a manufacturer'srecall for emission problems andthe recall repair 1las not been**perfo~d** 

### Vehicles for which emission-related recall notices havebeen issued 

### shall have 

### the recall repairs completedprior to submitting the vehicle for inspection. The owners or lessees ofthese vehicles shall present 

### proofofcompliance with the recall notice 

### at time ofin

### spection, unless the emission-relatedrecall noticehas been issued within 45 

### days 

### priocto submitting the

### vehicle forinspection. This paragraph applies to vehicles for which emission-related recall notices have been issued after January 1, 1995. (k) 

### The vehicle operator

### refuses to disclose the odometerreading to the 

### inspector. (L) 

### The vehicle operatorrefuses to 

### yield the driver's seat. {m) Upon a reinspection, the vehicle operatorfails to provide aproperly completedrepairform tothe inspector.unless the repair infonnation is reported electronically, upon performance ofthe repair. (n) The 

### vehicle exhibits any condition which is recognized as 

### a safety hazard by the contractor, orany condition that appears to the contractor as making the vehicle unsafe for inspection. (o) Vehicles shall be rejected from inspection ifa scan ofthe vehicle'sOBD II systemreveals 

### a"notready" status for 3or more readiness monitors on model year 1996 through model year 2000 vehicles, orfor 2or more readiness monitors on model year 200l and newer vehicles, as provided in 40 CFR 85.2222 (c) (2).

(12) 

### RF.CONSTRUCfED ANDHOMEMADE VEHICLES. Any nonexempt vehicle registered as reconstructed or homemade under s. 341.268, Stats., shall be inspected for compliance with requirements applicable to the model year ofthe vehicle as 

### indicated on the vehicle's registration documents, unless the owner both re- quests that the vehicle be inspected•by engine year and provides 

### acompleted MV2588, exchangedengine certification funn, to the 

### waiver investigator. In addition, the vehicle owner shall locate the 

### engine numberon the 

### engine forpurposes ofengine yearveri**fica~** 

### tion by 

### the waiver investigator. {13) 

### VEHICLES WITH 

### EXCHANGED ENGINES. 

### {a) A 

### motor vehicle with an exchanged engine 

### shall be subjectto OBD 

### II inspection compliance standards established ins. Trans \3\.03 (5). {14) TRUCKSANDVANS. All trucks andvans shallbe inspected in accord with the standards applicable to 

### the manufacturer's 

### GVWR as indicated either in the vehicle's identification number oronthe 

### vehicle's doorpost lfthereis no manufacturer's OVWR 

### available, then the vehicle shall be inspected according to the registered GVWR as indicated on the vehicle's entry document described in sub. (3). 

### (15) VEHICLE INSPECTION REPORT. (a) 

### 1beoperator

### ofeach vehicle inspected shall receive a vehicle inspection report, MV 2470, at

### the conclusion ofthe inspection. The vehicle inspection report data may also be reported electronically. The inspection report, or the vehicle inspection report data 

### reported**electroni~** 

### cally, shall indicate: l. 

### Inspection serial number. 

### 2. Date ofthe inspection. 3. 

### YIN. 4. 

### Year, make and type 

### ofthe vehicle. 

### 5. Number ofcylinders or engine displacement. 6. 

### Transmission type. 7. 

### Fuel type. 8. Present odometerreading itvthousands ofmiles.• 12. The results ofany OBD inspection. 13. The final result.149 DEPARTMENT OF TRANSPORTATION 

### Trans 131.05

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

14. Instrul.-'tions indicating that the inspection report, together with the vehicle, shall be returned to any inspection station or 

### other awthorized inspection facility for reinspection to occur. 15. Space to indicate who repaired the vehicle, such a.;; owner, repairfacility orotherprivate party. 16. Space to indicate the name, address andtelephone number ofthe facility where repairs occurred. 

### 17. Space to 

### indicate the appropriate identification number of the recognized repair facility and technician, if

### available. 18. Space to indicate the cost ofparts and laborfor emissionrelated repair. 

### 19. Space to 

### indicate the emission-relatedrepairs petformed. 20. Space to indicate the emission-related repairs recommended, but not performedper owner's request. 21. Advisory diagnostic information for failing vehicles. 22. Vehicle license number, ifavailable. 23. Inspection station orother authorized inspection facility number, and inspector number ifthe inspection is performed by
an inspector. 24. Emission inspection start time andthe time offinal**emis~** sions result detennination. 25. GVWR. 

### 26. Inspection number, such as initial. first reinspection, or subsequent reinspection number. 28. A statement indicating the availability ofemission warranty coverage as provided in section 207 ofthe Clean AirAct. 29. A statementcertifYing thatthe inspection 

### is perfonned in accordance with applicable federal regulations. 30. The cause for any aborted orrejected inspection. 31. Other infonnation as the department may reasonably**re~** quire M enable it to determine compliance with this chapter, state laws, federal laws and regulations. (b) Each operator of a vehicle failing the inspection shall receive an inspection report supplement containing repair,**rein~** spection and waiver application instructions, aswell as information on the possible causes offailure found during the inspection.

(c) Each operatorofa vehicle failing the initial inspection shall receive a list ofregisteredautomotive emission repair facilities by
area which includes information required under s. Trans 131.15. This listing may include other consumer infonnation useful in obtaining vehicle emission repair service.

History: Cr. Register,June, 1993, No. 450. eff. 7-··· 1-·-93; am. (I) (a), (2) (intro.), (a). (b). (3) (intro.), (6)(a) 1., (7) (a) to (c). r. and recr. (2) ic), (6) (b), (c), cr. (2) (d), {6) (a) 4.,r. (3) (1). {7) (d). (S), (9), renum. {3) (g) to (i) tobe (f) to (h). ( 10) and (12) to be (12) and (14) and am. all, renum. (II)tobe (I 3) and am.(b) and (c), renum.(8), (9) and (13) to be (10). (II) and (IS) and r. and recr., Register. April. 19%, No.484, efT. 5-1-96: correction in (I) {d) and {7) {c) made un<k:r**~.** 13.93 (2m) (b) 7.,**Stat~**.• Register, April, 1999, No. 520; am. (2) (b), Register, August, 2000, No. 536, eff. 9--1-00;am. (4), (6) (b) 3., (7) (a)(imro.), (c), (9)(g), r. (6) (b) K, (I!) (g), ( 15) (a) 12., renum. ( 10) (b) to be (10) (b) 1., cr. (6) (d), (10) (b) 2

.. (II) (o). Registl-r, Mav, 2001, No. 545, elf. 6-·1--QI; CR 01-·121: am. (2) (a), Register March 2002 No.

### 5ss. eff. 4-1--Ql;CR 07,..J 14: am. (title), (I) (a), (c), (2) (imro.) and (a), (3) (intro.), (d) and (h), {4). (6) (d) 1.. 3

.. 5., 8. and 10

.. (10) (a) 2

.. (b) 2., {d)2

.. (II) {m) lo (o), (12), (!J) (a), {14) and (IS) (a) {intro.), 14. and 23.• (b) and (c), r. and recr. (5), (6) (d) 2., r. (6) (a) 3

.. (b), Table 2 and (c), (d) 6., 7., and 9., (7) 10 (9), (IO) (b) 1., (II) (a) and (g) to (i), (IJ)(b) to (d). ( 15) (a) 9. to II. and 27. RegisterJune 2008 No. 630, eff. 7- !--Q8; CR 19-088: am. (titJe). (4), (6) (ritJe), (a) 1., 2., 4., (d) 2.,3.,S., and 8.,(10) (a)J. and (d) 2.,(11)(title},(n) and (o) and (IS)(a) 1., 2., 12., 23.,24. and29. Register December 2010No. 660, eft'. 1-1-11. Trans 131.04 Waiver of compliance. (1) EuGIBILITY. A vehicle which fails the initial inspection, and which after repair
oradjustment, orboth,again fails the inspection, shall 

### be eligible for a waiverofcompliance va1id until the next required inspection ofthe vehicle provided the following conditions are met: (a)**~or** all 1996 and newel- model yearvehicles which have not exceeded the terms ofthe manufacturer's emission perfonnance
ordetect warranty coverage at the time ofthe scheduled emission inspection, the operator shall either present a written statement from a vehicle dealership or other manufacturer's designated agentdeclaring that the vehicle is not eligible for emissioncontrol system warranty work, orpresent a dated invoice indicating that the vehicle has received eligible emission control system**warran~** tywork.

(b) The emission relatedrepairs and adjustments made tothe vehicle's emission control system, including cost for parts and labor, have been perfonned on the vehicle within 180 days prior to renewal ofannual registration or within ISO days ofvehicle ownership change registration and such repairs and adjustments
are indicated in the space provided on the vehicle inspection report by the person performing the repairs, unless the repair information is reported electronically, upon pelformance ofthe repair. Ifthe laborforvehiclerepair is performedwithoutcharge
orcost, only the cost ofreplacementparts shall 

### be indicated. An itemized receipt indicating the parts, laborcost, and date of**pur~** chase shall be provided to the waiver investigator.

(c) 1. For all vehicles which have exceeded the tenns ofthe manufacturer's emission perfonnance ordefect warranty coverage at the time ofthe scheduled emission inspection, the owner shall have emission related repairs performed on the vehicle at a recognized repair facility asdefined ins. Trans 131.02 (39) orby
a recognized automotive emission repair technician as defined in
s. Trans 131.02 (38). The operator shall present a vehicle inspection report with the repair information section completedaccording to s. Trans 131.03 (13), unless it is reported electronically, upon perfonnance ofthe repair. The statement shall contain the actual cost ofemission related repairs performed on the vehicle including itemized costs for parts and labor. If the labor for vehicle repair is performed without charge orcost, only the cost ofreplacementparts shall 

### be indicated. An itemizedreceipt**indi~** eating the parts, laborcost and date ofrepair shall be providedto the waiver investigator. 

### 2. Proofofrecognized automotive emission repairtechnician training shall consist ofeither ASE certification in level Ll, or valid documentation indicating successful completion ofa WISETECH course under s. Trans 131.16 oran equivalent program

### as determined bythe department.

(d) The vehicle shall pass a waiveremission equipment inspection as described ins. Trans 131.05. (2) CRITERIA. A vehicle which meets the eligibility requirements ofsub. (I) mayreceive a waiver ofcompliancevalid until the next required inspection ofthe vehicle ifit meets any one of the following conditions:

(b) Technical difficulties in the manufacturer's design orconstruction ofthe vehicle orrestrictions imposedbythe department
on the operation of vehicles registered under s. 341.14 (lm), Stats., prevent emission inspection ofthe vehicle. (c) After repairs are performed by a recognized automotive emission technician,a complete, documented,physical and functional diagnosis and inspection perfonned at a technical assistance center by the master automotive technician or at another facility by an inspector designatedby the departmentto perfonn the functions ofa technical assistance center shows that no additional emission related repairs could produce a passing result. (d) Ifthe owner is in compliance with the requirements set forth ins. 110.20 (13), Stats., the department shall issue a waiver ofcompliance as required by s. II0.20 (13). Stats.

History: Cr. Register, June, 1993, No. 450, eff. 7·" 1--93; emerg. am. (I) (intro.), (a) and (b), (2) (lntro.)- {a) and (b). r. and recr. (!)(c). cr. (I) (d) and (2) (c). eff. 12-4-95;am. (I) (intro.), (a), (b), (2) (intro.), (a), (b), r. and recr. (I) (c). cr. (l) (d), (2) (c), Register, April, !996, No. 484,eff. 5 --1--9(,; am. 1I) (intro.), Register, May, 2001, No. 545. eff. 6-1---Ql; CR 01-121: am. (I) (b), RegisterMarch 2002 No.555, eff. 4-J--Q2: CR: 07-114: am. (l) (intro.). (a), (b) and (c) l. and 2., r. (2) (a), cr. (2) (d) RegisterJune 2008 No. 630. eff. 7··1---08; CR HHI88: am. (2) (b)and (e) RegisterDe«mber 2010No.660,eff. 1-1-11.



### Trans 131.05 Waiver emission equipment inspection. (1) PuRPOSE. When a vehicle owner or lessee requests a waiver of compliance from emission inspection standards, the emission equipment shall be inspected bythe waiver investigator. This waiveremission equipment inspection is designed to detect

Register. December, 2010, No. 660Trans 

### 131.05 

### WISCONSIN ADMINISTRATIVE CODE ISO
Unofficial Text (See Printed Volume). Currenttbrougb date and Register shown on Title Page. •



### eithertampering ordisrepair onthe vehicle. The waiveremission equipment inspection does not include removal ordisassembly of parts except for removal ofthe fuel cap. The waiver investigator 

### shall determine both the presence and properconnection, if

### originally equipped, ofthe 

### following: (a) 

### Aproperly sized fuel filler restrictor. (b) A properly connectedcatalytic converter. (c) A proper

### fuel cap. (d) Aproper evaporative emission control canister system. (e) 

### Aproperly connected positive crankcase ventilation sys

### tem. {f) A

### proper exhaust gas recirculation system. (g) A proper airpump system. (h) A properly installed thermostatic air cleaner system. (i) 

### Aproperly connected oxygen sensor. (j) 

### An operational and non-active 

### MIL orother emission 

### service indicator 

### light, regardless ofwhether the 

### MIL or emission service indicator light is illuminated. (3) CONSEQUENCES. Vehicles failing the waiver emission equipment inspection shall not receive awaiver ofcompliance or acceptance for voluntary inspection under s. Trans 131.07 until the failing emission equipment items are either repaired or replaced.

Hirtory: Cr. Register, June, 1993, No. 450, eff. 7-1-93;emerg. am. (I) to (3), ('f. (I) (i) and (i),eff. 12-4-95; am. (I), (2), (3). cr. (1) (i), (j), Registel.", April, 19%,No. 484, eff. 5···1·-96; am. (I) (j), Register, May, 2001,No. 545, eff. 6-1··01; CR 07--114: r. (2), am. (3) Register June 2008 No. 630. eff 7-1-(}8; CR lo--688: am. (I) (lntro.) and 0) and (3) Register December 2010 No. 660, eff.l-1-11.

Trans 

### 131.06 Inspection compliance. 

### (1) REmsTRA· TIONELIGIBILITY. 

### Tobe eligible tOr

### license plate

### renewal orownership change registration, collectorregistration, or hobbyist registration, a vehicle shall complywith one ofthe following: (a) Eitherpass 

### the emission inspection orreceive a waiver of compliance from emission limitations. (b) Receive a temporary exemption according to 

### s. Trans 131.08.

(2) EviDENCE. Evidence ofinspection compliance shall con- sist ofone ofthe following: (a) A vehicle inspection report indicatingeither''passed" oron which the waiver investigator has indicated "waived." (b) An entry on the department's data records indicating the vehicle license number, VlN, inspection serial number, and the notation "passed" or "waived." History: Cr. Register, June, 1993. No. 450, eff. 7-1-93;emerg. am. (I) {intro.) and {2), r. (I)(a), renum. (1) (b)and am., etl\2-4-95; am. (I)(intro.), (2), r. ( 1 )(a), renum. (I)(b)to be (a) and am., cr. (I)(b). Register, April, 1996,No. 484, eft: 5-1-96; CR**I~** am. (2) (b) Register De«mber 2010 No. 660., eft'. 1-1-tt.

Trans 

### 131.07 Voluntary inspections. 

### (1) CRITERIA. The contractor shall inspect any nonexempt vehicle presented for inspection at an inspection station orother authorized inspection facility provided: (a) The vehicle operator provides a properly completed request for voluntary emission inspection form, obtainable from the manager at each ofthe emission inspection stations or at other authorized inspection facilities as detenninedby the department (b) 

### The vehicle is not prohibited from inspectionunders. Trans 131.03 (II).

(c) The operatorpresents paymentto the contractorofamonetary fee as determined by contract. 

### (2) EFFECT. The voluntary presentation ofa vehicle for inspection in accordancewith sub. (1) shall not impose 

### any requirement upon a vehicle owner to comply with this chapter.

History: Cr. Register, June. 1993, No. 450, eff. 7·-1··93; emerg. am. eff. 12-·4·--95; am. Register, April, 1996, No. 484, eff. 5-1--96; CR 07-114: am. (l)(intro.), (a) and (2) Register June 2008 No. 630. eff. 7-J-{)8; CR IH88: am. (I) (b) Regbter De«'mber2010 No. 660, df. 1-1-11.

Register, December. 2010. No. 660 Trans 

### 131.08 Letter of temporary exemption from emission inspection requirements. (1) 

### ELIGIBILITY. When
a vehicle subject to the emission inspection requirements ofthis chapterisunavailable for an inspection due to eitherthe vehicle's absence or inoperative condition, or the owner's or lessee's absence 

### or incapacity, during the 180 day period prior to the license expiration date, or within 45 days ofan ownership changeregistration or registration 

### as a collector or hobbyist vehicle, and inspection is notavailable under s. Trans 131.10, the ownerorlessee may request ofthe department a Jetter oftemporary exemption from the requirements ofthis chapter. 

### (2) APPLICATION. The department shall provide 

### an application fonn, 

### MVD2472, onwhichthe vehicle owner orlessee shall state their 

### name, permanent address, temporary address, ifused, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, provide 

### the reason for requesting a letter oftemporary exemption. certifythat the vehicle is unavailable for emission inspection, and state the date when the vehicle will 

### again be operated within a Wisconsin county subject to the emission inspection requirements ofthis chapter. 

### (3) IssuANCE. 

### Upon approval ofthe application by the department, a letter oftemporary exemption shall be issued to the vehicle owner or lessee. Such approval letter shall allow the owner or lessee to proceed with vehicle registration renewal. As a condition ofgranting the letteroftemporary exemption, the department shall require that the vehicle 

### be inspected within 30 days ofthe date the applicant indicates that the vehicle 

### will again 

### be operated within aWisconsin county subject to 

### the emission inspection requirements ofthis chapter. " • (4) DuRATION. A letter oftemporary exemption shall not be valid longer than the period ofregistration renewal.

History: Cr. Register, June, 1993,No. 450, eff. 7-·1···93; emerg. am., eff. 12--4-··95; am. (I) lo(3), Register, April, 1996, No. 484, eff. 5--1--96; CR Ol-121: am. (1), RegisterMarch 2002 No. 5.55, eff. 4-J--{12. Trans 

### 131.09 Temporary operating permits. (1) GENERAL. The department or its designated representative may issue atemporary operating pennit, valid for not more**~an** 30 

### days, to allow time forinspection andnecessary repairs and adjustments ofany vehicle subjectto inspection under s. 110.20 (6), Stats. Notemporary operatingpennitshall be issued for a vehicle with registration expired for more than 90 days. 

### (2) APPLICATION. The department shall provide an application form, MV2505, on which the vehicle owner or lessee shall state their name, permanent 

### address, and daytime telephone number. The vehicle owner or lessee shall identify the vehicle involved, and provide the reason for requesting atemporary operating permit. 

### (3) ISSUANCE. 

### Upon approval ofthe application, the department shall issue atemporary license plate to the vehicle owner or lessee. Such plate shall contain the date ofexpiration. The owner or lessee shall affix the temporary license plate to the vehicle in accord with the requirements ofs. 341.09 (5), Stats. (4) TERM. A

### temporary operating penni! shaU 

### be valid for 30 days after issuance. The department may approve the application for asecond orthirdtemporacy operating permitprovided that application is made within 90 days ofthe vehicle's registration expiration date.

History: Ernerg. cr., eff. 12-4--95; cr. Register, April, 1996, No. 484,**~** 5-1-9(x correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999,No. 520; CR07·-114: am. (3) Register June 2008 No. 630, efT. 7·-1-08.

Trans 

### 131.10 Reciprocity. 

### (1) CoMPLIANCE. When 

### avehicle subjectto the emission inspection requirements ofthis chapter is unavailable for an inspection due to the vehicle's absence from the Wisconsin inspection area during the 180 day period prior to the license expiration date, orwithin 45 days ofanowner- ship change registration orregistration as a collector orhobbyist vehicle, butis operating in another nonattainment area requiring vehicle emission inspections, the owner orlessee shall submit an151 DEPARTMENT OFTRANSPORTATION 

### Trans 131.13

Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area. 

### (2) REGISTRATION ELIGIBILITY. 

### The submission ofsatisfactory evidence ofemission inspection compliance from anothernonattainment area shall allow 

### the owner or lessee to proceed with vehicle registration renewal orto satisfy ownershipchange,collector, or hobbyist vehicle registration inspection requirements. 

### (3) ExcEPTION. 

### When a vehicle operates in a nonattainment
area which does not allow the inspection ofvehicles from other nonattainment areas, the ownerorlessee may applyfor a temporary exemption under s. Trans 131.08.

History: Emerg. cr., elf. 12-4--95; cr. Regist!!f.April, 1996,No.484, eff.**S~J-90;** CR01-121: am. (1), Register March 2002No. 555, elf4-J-o2. 

### Trans 131.11 Audits of inspection facilities. (1) GENERAL Representatives ofthe department orits designated agent shall conduct audits ofinspection equipment, procedures, personnel and records as follows: (a) All contractorinspection functions, including those occurring atthe inspection stations, other authorized inspection facilities, technical assistance centers or other facility by an inspector designated bythe departmenttoperformthefunctions ofatechnical assistance center, and vehiclesusedto conductremote sensing, 

### shall be audited on an unscheduled basis, at a minimum, according to the frequency established in the federal rule. (b) Scheduled audits may be performed at any time. (c) Either the department or its agent may conduct covert audits in order to satisfy the requirements ofthe federal 

### rule. (d) Audits shall 

### be perfonned according to written procedures either established or approved by the department. (2) EQUIPMENT AUDITS. (c) Equipment used to perform remote sensing tests shall be audited according to written procedures either established or approved bythe department. (d) Equipment used to perfonn OBDinspections shall be audited according to written procedures either established or approved by the department. (e) 

### Ifequipment tails to operate within contractually specified tolerance during an overt orcovert audit, the department's quality assurance auditor shall immediately re--audit the failing**equip~** ment. Ifthe equipmentfails again, the department's quaJity assurance auditorshall require the station managerto close the affected lane or otherauthorized inspection facility oremission inspection operation until such time as the equipment is properly repaired and documentation ofcorrective actions is available forreview 

### by the deRartment. (3) PENALTIFS. (a) Equipment failure shall result in the imposition of a penalty. Penalties are established in the penalty schedule section ofthe contract and mayrequire thatthe contractor eitherincur liquidated damages orsuspend orrevoke inspector licenses, orboth. (b) Contractor employees, removed from inspection duties through either suspension orrevocation oftheir inspection license as a result ofa departmentaudit, may appeal the contractor's suspension orrevocation to the department's hearing officer. In the
case ofimmediate suspensiondue to a department audit, ahearing shall occurwithin 14calendar days ofreceiptofa written request by the employee. Failure to hold ahearing within 14 days when requested shall cause the suspension or revocation to lapse.

History: Cr. Register, June, 1993,No. 450, etf. 7- !-93; renum. Trans 131.09 to bt: 13I.II and r. and rccr., Register,April, 1996.No. 4&4, etf.5-1-96;renum. (2)(d) to be (2) (c), cr. (2) (d). am. {3) (b), Register. May, 2()()], No. 545, eff. 6-1--{)1; CR 07-!14: am. tl)(a) and (2) (e), r. (2) {a) and (b) Register June 2008 No. 630, eff. 7-1-0H;CR 10-mJB: am. (I) (intm,) and (a) and (2)(e) Register Dectmber2010 No. 660, eff, 1-1-11.


### Trans 131.12 Equipmentspecifications and quality control. (1) GENERAL All equipmentutilized for emission inspections shall 

### be calibrated and maintained according to the standards established in the federal rule. (2) SPECIFICATIONS. Equipmentused to perfonn 080inspections shall meetthe most current version ofeach ofthe following SAE International standards: !1850.Jl962. JJ978. andJl979. (3) QuALITY CONTROL All equipment used in the emission inspection process shall be maintained according to all manufacturer specifications.

History: Cr. Register,June, 1993, No. 450,eff. 7-1-93;renum. Trans 131.10 to be lJ 1.12 and r. and recr., Register, April. 1996,No. 484. eft5-- !···%;cr. (2) (d). Register, May, 2001.No. 545, eff. 6-1--Ql; CR 07-1 14: r. and recr. (2), am. (3) Reg1ster June200:: No. 630,eft'. 7- J--Q8; CR I(H)SS: am. (J)Register Dectmber 2010 No. 660, eff. 1-1-11.



### Trans 131.13 Licensing ofinspectors. (1) TRAINING. (a) All contractoremployees and all employees ofany authorized inspection facility subcontractor who perform any official inspection functions shall have a license issued by the contractor. No person may eitherreceive a license orhave a license renewed as an inspectorunless the person demonstrates to the department, by training and examination, proficiency in all ofthe following: 1. Airpollution causes and effects. 

### 2. Purpose, function and goals ofthe inspection program. 3. State inspection regulations. 4. Inspection procedures and rationale for their design. 5. Emission control devices, configuration and inspection. 6. Inspection equipment operation and maintenance. 

### 7. Quality control procedures. 

### 8. Public relations. 9. Safety and health issues related to the inspection process. (b) Trainees shall both pass, by a minimum of800/o correctresponses, a written test anddemonstrate the ability, withoutthe assistance ofanotherperson, toconductaproper inspection as a condition of successfully completing a licensing examination administered by a party other than the contractor.

(c) An applicantfor avehicle emissions inspection license who fails an examination for inspector shall successfully complete the applicable vehicle emissions inspector training program priorto reexamination for license. (2) L!CENS£NG. Upon completion oftraining and all other licensing requirements, the contractor shall issue aphoto identification badge containing the inspector's photograph, name, unique, non-transtetableinspectornumberand the expiration date ofthe inspector's license. Training and licensing records for each employee so licensed shall be maintained both at the contractor's headquarters and at the employee's primary inspection station or other authorized inspection facility. (3) RENEWAL. Licenses is!l.ued to vehicle emissions inspectors shall be valid for 2years. Inspectors shall completeboth refresher training and testing prior to license renewal. (4)**Aumn~G.** Representatives ofthe department orits designated agent shall conductboth overt and covert, scheduled and un- scheduled audits. (5) PENALTIES. (a) Failure ofeitherthe contractoror any ofits employees orofany authorized inspection facility subcontractor or its employees to pass any portion ofan overt or covert audit shall result in the imposition ofa penalty. These penalties, e!l-1ablished in the penalty schedule section ofthe contract, may require that the contractoreither suspend orrevoke inspectorlicenses or incur liquidated damages, orboth. (b) Contractor or subcontractoremployees who are removed from inspection duties through either suspension orrevocation of their inspection license as a result of a department audit may appeal the contractor's suspension or revocation to the department's hearing officer. In the case ofimmediate suspension due to a department audit, a hearing shall occur within I 4 calendar days of the department's receipt of a written request by the

Register. Dt.-ccmbcr, 2010, No. 660

### Trans 131.13 WISCONSIN ADMINISTRATIVE CODE 

### !52

Unofficial Text (SeePrinted Volume). Currentthrough date and Register shown on Title Page.


### employee. Failure ofthe department to hold ahearing within 14 days when requested shall cause the suspension to lapse. (6) CHALLENGE MECHANISM. (a) A motoristWhO alleges that either an incorrect inspection occurred or that fraud or abuse intluenced the results ofthe inspection may contest the results of 

### that inspection by notifYing the department immediately after the inspection, or as soon as possible after discovering the problem. (b) The department's quality assurance representative shall investigate the complaint Ifthe results ofthatinvestigation indicate that the inspection may have occurred incorrectly or that 

### fraud or abuse may have influenced the results ofthe inspection, the department's quality assurance representative shall arrange fora reinspection at the 

### technical assistance centerorother

### facility by an inspectordesignatedbythe departmenttoperfonnthe functions ofa technical 

### assistance center at a time convenient to all parties. (c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perfonn the functions ofa teclmical assistance center shall supersede the results ofthe contestedstation laneor otherauthori7.edinspection facility inspection.

History: Cr. Register.June, 1993,No. 450, eff. 7-1-93;r. and recr. Register. April, 1996, No. 484, efi 5-·1,-96; am. (I) (a) (intro.), (2), (5) (a) and (b), Register, May, 2001, No. 545, ef[ 6-1--{)1; CR 07-114: am. {1) {a) and 6.• {2), (5) (a) and (b) and {6) (c) RegisterJune 2008 No. 630, eff. 7-1--{)8; CR 10-ostJ: am. (1) (a)4. and 6. and (6) (b)and (c) Register Dewmber 2010 No. 660. eft 1-1-11. 

### Trans 131.14 Remote sensing. (1) GENERAL 

### The contractor shall use remote sensing to measure the in-use vehicle 

### emissions in any 

### county identified under s. I

### !0.20 (5). Slats. Any nonexempt vehicle that has passed its lastemission reinspection 

### under s. Trans 13!.03 (11). and fails 

### the remote sensingt""'by exceedingthe remote emission standardsunder sub. (4), shall have 

### an emission inspectionunder 

### s. 110.20 (9) (g), Stats. 

### Penalty for failure to comply with this section consists of suspension of vehicle registration as set forth ins. 341.63 (1) (c), Stats. (2) WHEN INSPECTION REQUIRED. (a) The ownerorlessee Of
a nonexempt vehicle that fails the remote sensingtest shall have
an emission inspection within45 days ofnotification ofa remote sensing test fuilure. (b) Vehiclesthat fail theremote sensing test, butare scheduled to receive an emission inspection required under s. 110.20 (6), Stats., within 90days ofremote sensingtest failure, orfor which temporary exemptionswill expire within 30days ofremote sensingtest failure, shall receive notification oftheremote sensingtest failure but are exempt from the inspection requirements of s. 

### 110.20 (9) (g). 

### Stats.

(c) Vehicles thathave a valid emissioninspectionwaiveratthe time ofremote sensingtestfailure are exemptfrom the inspection 

### requirements ofs. 

### 1!0.20 (9) (g), 

### Stats. (3) $cOPEAND NATUREOFREMOTE SENSING TFST. Thetest shall consist ofusing anopen-path infrared sensortomeasure the concentration ofone ormore ofthe following pollutantspresentinthe vehicle's exhaust: (a) 

### Hydrocarbons. (b) Carbon monoxide. (c) Carbon dioxide. (d) Oxides ofnitrogen. (4) EMISSION STANDARDS. Vehicles that exceed the standards shown in Table 1 shalt fail the remote sensingtest: 

### TABLE I REMOTE SENSING MODEL YEAR GVWR STANDARD HC(ppm) CO(%) NOx(%)
1996 and newer All 

### 400 2.0 Reserved**Regi~"ter,** December. 20!0. No. 660 Note: Changes lo these standards mi:ly occureither ifthe USEPA**e~"tablish~.--s** remote sensingst3ndards orifthe department'sprogram evaluation indicate; that modifications should occur to identify more accurately gross pollming vehicle$. (5) VEHICLE INSPECTION NOTICE. The contractor shall mail a vehicle inspection notice to the ownerorlessee ofvehicles that fail 

### aremote sensing test conducted under this section. The vehicle inspection notice shallbemailedtothe owner'sorlessee's address indicated on the department's registration database. Thevehicle inspection notice shall include all ofthe following:

(a) Remote sensingtest serial number. (b) Date, location and time ofthe remote sensingtest. (c) License plate number. 

### (d) YIN. (e) Emissionremote sensingtest results and standards tOr the vehicle. (f) Instructions indicating that thereport, togetherwith the vehicle, shall be brought to any inspection station or other authorized inspection facilitytoreceive an inspection 

### as required under 

### s. Trans !3!.14 (2). 

### ifrequired ' 

# . (g) Information describingthe remote sensingtest. (h) Explanation ofboththe legal requirements and registration penalties for failure to comply with an inspection notice. (i) Other infonnation that the department may decide to include to improve understanding ofthe remote sensing test. (6) REMOTE SENSING EQUIPMENT SPECIFICATIONS AND MAINTE- \IANCE. (a) All equipment utilized for remote sensing emission**mea~.-urement** shall be calibrated andmaintained accordingtothe manufacturer's specifications or as superseded by contract.

(b) Remote sensing equipment, personnel and procedures shallbe**su~ect**to periodic auditsby the departmentunder s. Trans 

### 131.11.

History: Cr. Register. June, 1993.No. 450, eff. 7-l-93;r. andret.'f. ReJ,.>ist_er, April, 1996, No. 484, eft'. 5·-l "·96; CR 07·-114: am. (1), (2) (a), (4) and (5) (f)Regtster June 2008 No. 630,eff. 7-1-08; CR J()-088: am. (3) (title) and (S) (a),(b)and(e) Register DecemberlOIO No. 660, eff. 1-1-11. 

### Trans 131.15 Performance monitoring of repair 

### facilities. (1) GENERAL The department, through its emission inspection contractor, shallboth collect emissionrepair data and infonnthe public and automotiverepairindustry regardingrepair efficacy. (2) DATA COLLECTION. Whenever a nonexempt vehicle receives a reinspection, the contractor shall collect the following emission repair informationfromthevehicle inspectionreport as 

### required by s. Trans 131.03 (II): (a) Therepairs perfonned. (b) Any technician recommended repairs not performed. per owner'srequest.

(c) 

### Thename and address 

### ofthe.fucility thatperfonne<ltherepatrs. (d) The nameofthe person who performedthe repairs. (e) The identification number, ifavailable, ofthe recognized repair facility or recognized automotive emission repair technician, orboth. (3) REPORTING. (a) The contractor shall compile a report which includes the emission repair facility name, address, telephone number, number ofvehicles submitted for reinspection, and percentages indicating the number of vehicles that have passed, failed, andreceived waivers after repair. (b} Beginning in the third month ofthe vehicle emission inspectionprogram, the contractor shall produce a summary report ofthe perfOrmance oflocal repair facilities thathave repaired vehicles for reinspection. Thereport shallbeprovidedtothe motorist atthe time ofinitial vehicle emission inspection tltilure. The report shall be 

### updated on a quarterly basis. (c) Repair facilities shall receive summary reports at least quarterly. Reports to therepair facility shall include all infonna-153 

### DEPARTMENT OF TRANSPORTATION Trans 131.17
Unofficial Text (See Printed Volume). Currentthrough date and Register shown on Title Page.

tion**m~e** available to the public and may include reports on indi

### vidual technicians if

### so requested by the employing repairfacility. (d) The department may include additional statistics that convey infonnation on the relative ability ofrepair facilities in providing effective emission repair.

History: Emerg. LT., eft: \2-4-45: cr. Register, April. J996, No. 484, eff. 5-1-96: CR 19--088: am. (I) Register December2010 No. 660, eft'. t-1-11.


### Trans 131.16 Automotive emission repair technician training. (1) GENERAL. The department, in cooperation with community and technical colleges located in counties certi

### fied unders. 110.20 (5)(a). Stats.• shall establishguidelines for assessing programs for automotive emission repair technician education and training available at both public and private facilities. The department shall designate programs that meet these guidelines as Wisconsin emission technician training, or WISETECH, prognuns. Anypublic orprivate facility offering automotive emission repair technician training may request WISETECH designation from the department. (2) CRITERIA To meet WISETECH standards, training courses shall, at a minimum, include instruction in: (a) Diagnosis and repair ofmalfunctions in computer controlled close--loop vehicles. (b) Application ofemission control theory and diagnostic data to the diagnosis and repair ofvehicles failing OBD inspection. (c) Utilization ofdiagnostic infonnation on systematic orrepeated ta.i!ures observed in OBD inspection. (d) General training on the various subsystems related to engine emission control. (3) .EQUIPMENT. Both priyate andpublic fucilities offering WISETECH designated automotive emission repairtraining courses shall have available, and maintain in good working condition, tools and equipment necessary for the proper diagnosis, adjustment and repairofall nonexempt vehicles. All equipment utilized in the training courses shall be maintained according to the manufacturer's specifications. (4) PROGRAM RECOGNITION. Programs shall be designated 

### as meeting WISETECH standards ifin compliance with one ofthe following: (a) The department approves the course curricula, equipment and facility. (b) The training facility presents documentation that the
course meets National Automotive Technician Education Foundation, Inc., standards. (5) TECHNICIAN RECOGNITION. (a) Aperson successfully completing all phases ofaWISETECH trnining program shall achieve the designation of"recognized automotive emission repairtechnician" 

### as defined ins.Trans 131.02 (38). (b) A person who satisfactorily completes a WISETECH approved automotive emission trainingcourse 

### shall receive from the organization providing the training, 

### an identification card which states the technician'sname,thename and location ofthe course, the date ofcompletion and a WISETECH identification number. (6) REPORTING. Both private and public facilities offering WlSETECH automotive emission repair training courses shall supply the department with the names ofthe persons registered in their course, the percentage successfully passing the course and the names and WlSETECH identification numbers ofthose passing.

(7) SUPPLEMENTAL TRAJNING. The department may authorize periodic supplemental training as a requirement for a person to maintain the status of WISETECH automotive emission repair technician. (8) QuALITY ASSURANCE. (a) WISETECH training programs are subject to periodic monitoring by the department or its representative to assure that courses continue to meet WISETECH standards. (b) The department may use performance monitoring as described in s. Trans I31.15 toevaluate both the emission repairsuccess ofthe technicians and the effectiveness ofWISETECHdesignated courses.

History: Emerg. (..'f., elf. J:!-4--95; t-'1". Register, April, 1996, No. 484, eff. 5-!--96; am. (2){b} and (c), Register, May, 2001, No. 545, etf. 6---1···-QJ; CR 07···114: am. (2) (b), (c) and (3) Register June 2008 No. 630,eff. 7-I--G8.

Trans 131.17 Notification of inspection requirements. As partofthe notification process for vehicle registration renewal under s. 341.08 (4m), Stats., or for inspection required due to ownership change registration under s. 110.20 (6) (a) 2., Stats., or tOr inspection required due to registration as a collector or hobbyist vehicle, the department shall include notification to vehicle owners whose vehicles either are ormaybe subject to the inspection requirements ofthis chapter.

History: Cr. Register. June, 1993, No. 450, eft: 7- J-93;ernerg. renurn. and am

.. etf. 12-4-95;roown from Trans I3J.l5, Register. April, 19%, No. 484, eff. 5-I-96.

Register. December, 20!0, No. 660

## STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY The Wisconsin Department of Transportation proposes an order to amend TRANS 131.03(2)(a), 1J1.04(1)(b), 131.08(1) and 131.10(1), , ' 

## Wisconsin Administrative Code, relating to : vehicle emission inspections. : ' 

## NOTICE OF INTENT TO ADOPT RULE WITHOUT PUBLIC HEARING AND TEXT OF PROPOSED RULE

NOTICE IS HEREBY GIVEN that pursuant to the authority of s. 110.20(9)(d), Slats., as amended by 2001 Wis. Act 16, and 227.11, Stats., and according to the procedure set forth ins. 227.16(2)(e), Slats., the Wisconsin Department ofTransportation

will adopt the following rule amending ch. Trans 131 without public hearing unless, within

30 days after publication 

## of this notice [revisor to insert date], the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by

the rule.
Questions about this rule and any petition for public hearing may be addressed to Jerry Medinger, Department of Transportation, Bureau ofVehicles Services, Room 253,

P. 

## 0. Box 7909, Madison, WI 53707-7909, telephone (608) 266-2267.

Analysis Prepared bythe Wisconsin DepartmentofTransportation

STATUTORY AUTHORITY: s. 110.20(9)(d), Slats., as amended by 2001 Wis. Act 16 STATUTES INTERPRETED: s. 110.20(6)(a)1., Stats.

General Summarv of Proposed Rule. Ch. Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend Trans 131.03(2)(a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year.



## 1

## Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period oftime prior to registration renewal in which a vehicle may be tested, and are·simply changed to correspond to the 180-day period from 90-days.


## Fiscal Effect. The Department estimales that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district orsewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.


## Initial Regulatory Flexibility Analysis. This proposed rule will have no adverse impact on small businesses. 

## Copies of Rule. Copies of the proposed rule may be obtained upon request, without cost, by writing to Jerry Medinger, Third Party Programs Section, P. 

## 0. Box 7909, Madtson, WI 53707-7909, or by calling (608) 266-2267. Hearing-impaired individuals may contact the Department using 

## TOO (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals attheir request.



## TEXT OF PROPOSED RULE
Under the authority vested in the state ofWisconsin, department oftransportation, by s. 110.20(9)(d), Stats., as amended by 2001 Wis. Act 16, the department of transportation hereby proposes to amend a rule interpreting s. 110.20(6)(a)1., Stats., relating to vehicle emission inspections.


## SECTION 1. Trans 131.03(2)(a) 

## is amended to read:

Trans 131.03(2)(a) No more than 90 180 days prior to renewal of annual registration. In the 2nd year after the nonexempt vehicle's model year and every 2

years thereafter.


## SECTION 2. Trans 131.04(1)(b) 

## is amended to read:

Trans 131.04(1)(b) The emission related repairs and adjustments made to the

vehicle's. emission control system, including cost for parts and labor, have been



## 2

## performed on the vehicle within 

## go 180 days prior to renewal of annual registration or
within 

## go 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the

person performing the repairs. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the
waiver investigator.

SECTION 

## 3. Trans 131.08(1) is amended to read:

Trans 131.08(1) ELIGIBILITY. When a vehicle subject to the emission inspection requirements ofthis chapter is unavailable for an inspection due to eitherthe

vehicle's absence or inoperative condition, or the owner's or lessee's absence or incapacity, during the

## go 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under Trans 131.10, the owner or lessee may request of the department a letter oftemporary exemption from the requirements ofthis chapter.

SECTION 4. 

## Trans**1~1.10(1)** 

## is amended to read:

Trans 131.10(1) COMPLIANCE. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the

vehicle's absence from the Wisconsin inspection area during the 

## W 180 day period prior to the license expiration date, or within · 45 days of an

.ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another

nonattainment area requiring vehicle emission inspections, the owner or lessee shall



## 3

## submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area. 

## (END OF RULE TEXn

Effective Date. 

## This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Registeras provided ins. 227.22(2), Stats. Signed at Madison, Wisconsin, this 

# _fLday of October, 2001.

\. _!ERRY MULCAHY, P.E.**~::secretary** 

## Wisconsin Department ofTransportation

4

## STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY



## CR 01-121

The Wisconsin Department of Transportation proposes an order to amend TRANS 131.03(2)(a), 131.04(1)(b), 131.08(1) and 131.10(1), Wisconsin Administrative Code, relating to vehicle emission inspections.



## REPORT OF THE DEPARTMENT OF TRANSPORTATION ON THE FINAL RULE DRAFT

This report is submitted to the presiding officers ofthe Senate and Assembly for referral to the appropriate standing committees. The report consists of the following parts:

Part 1--Analysis prepared bythe Department ofTransportation.

Part 2-Ruletext in final draftform.

Part 3--Recommendations ofthe Legislative Council.

Part4--Analysis prepared pursuant to the provisions ofs. 227.19(3), Slats.



## 1 Submitted by:



## ty General Counsel

ofGeneral Counsel artment ofTransportation Room 115-B, Hill Farms State

Transportation Building P. 

## 0. Box 7910 Madison, WI 53707-7910 (608) 266-7364

## PART1 Analysis Prepared bythe Wisconsin DepartmentofTransportation
STATUTORY AUTHORITY: s. 110.20(9)(d), Slats., as amended by 2001 Wis. Act 16 STATUTES INTERPRETED: s. 110.20(6)(a)1., Slats.

General Summary of Proposed Rule. Ch. Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend Trans 131.03(2)(a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period oftime prior to registration renewal in which a vehicle may be tested, and are simply changed to correspond to the 180-day period from 90-<lays.
Fiscal Effect The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities. Copies of Rule. Copies of the proposed rule may be obtained upon request, without cost, bywriting to Jerry Medinger, Third Party Programs Section, P. 

## 0. Box 7909, Madison, WI 53707-7909, or by calling (608) 266-2267. Hearing-impaired indMduals may contact the Department using TOO (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.

PART2 TEXT OF PROPOSED RULE
Under the authority vested in the state of,Wisconsin, department oftransportation, by s. 110.20(9)(d), Slats., as amended by 2001 Wis. Act 16, the department of transportation hereby proposes to amend a rule interpreting s. 110.20(6)(a)1., Slats., relating tovehide emission inspections.
SECTION 1. Trans 131.03(2)(a) is amended to read:



## 2

## Trans 131.03(2)(a) No more than 90 180 days prior to renewal of annual registration. In the 2nd year after the nonexempt vehicle's model year and every 2

years thereafter.

SECTION 2. 

## Trans 131.04(1)(b) is amended to read:

Trans 131.04(1)(b) The emission related repairs and adjustments made to the

vehicle's emission control system, including cost for parts and labor, have been performed on the vehicle within 90 180 days prior to renewal of annual registration or
within 00 180 days of vehicle ownership change registration and such repairs and adjustments are i_ndicated in the space provided on the vehicle inspection report by the

person performing the repairs. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the
waiver investigator.

SECTION 

## 3. Trans 131.08(1) is amended to read:

Trans 131.08(1) ELIGIBILITY. When a vehicle subject to the emission inspection requirements ofthis chapter is unavailable for an inspection due to eitherthe

vehicle's absence or inoperative condition, or the owner's or lessee's absence or incapacity, during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under Trans 131.10, the owner or lessee may request ofthe department a letter oftemporary exemption from the requirements ofthis chapter.

SECTION 4. 

## Trans 131.10(1) is amended to read:



## 3

## Trans 131.10(1) COMPLIANCE. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the

vehicle's absence from the Wisconsin inspection area during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another

nonattainment area requiring vehicle emission inspections, the owner or lessee shall

submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has. passed the emission inspection in that area. 

## (END OF RULE TEXT)

Effective Date. 

## This rule shall take effect on the first day ofthe month following publication in the Wisconsin Administrative Register as provided ins. 227.22(2), Stats. Signed at Madison, Wisconsin, this

# ~day of December, 2001.

RRYM\{LCAHY, P.E. 

# 0 Secretary

. Wisconsin Department ofTransportation



## 4

### Ronald Sldausky 

### ClearinghorueDirector RlcbardSwoet 

# WISCONSIN LEGISLATIVE COUNCIL RULES CLEARINGHOUSE

Terry C. Anderson 

### Legisladve CouncilDirector
ClearinghouseAssistantDirtetor LauraD. Rose Ugislative Council**D~puty**Director


### PART 3 

## CLEARINGHOUSEREPORTTO AGENCY

[THIS REPORT HAS BEEN PREPARED PURSUANTTO S. 227.15, STATS. THIS IS A REPORT ON A RULE AS ORIGINALLY PROPOSED BY THE 

## AGENCY; THE



## · REPORT MAY NOT REFLECT THE FINAL CONTENT OF THE 

## RULE IN FINAL

DRAFT FORM AS IT WILL BE SUBMITTED TO THE LEGISLATURE. THIS REPORT CONSTITUTES AREVIEW OF, BUT

## NOTAPPROVALORDISAPPROVAL
• OF, THE SUBSTANTIVE CONTENT AND TECHNICAL ACCURACY OF THE RULE.]

CLEARINGHOUSE RULE 01-121 AN ORDER to amendTrans 131.03 (2) (a), 131.04 (1) (b), 131.08 (I) 

## and 131.10 (1), relating to vehicle emission inspections.

Submittedby DEPARTMENT OFTRANSPORTATION

10-17--01 11--08--01
RS:PC:jal RECEIVED BY LEGISLATIVE COUNciL. REPORI' SENTTO AGENCY.

One EastMain Street,Suite401 • P.O. Box. 2536 • Madison, WI 53701-2536 (608) 266-1304 • Fax: (608)266-3830 • Email: 

### lefgmneii®Jegjs atntc; wj 11s http:llwww.Jegis.state.wi.usllc 

### 5

## Clearinghouse Rule No. 01-121 Form 2-page2

LEGISLATIVECQUNCILRULES CLEARINGUOJJSEREPORT

This rule has been reviewed by 

## the Rules Qearinghouse. Based on that review, comments are reported as noted below:
1. STATUTORY AUTHORflY [s. 

## 227.15 (2) (a)]



## CommentAttached YES 

# D NO 

# 121

2•. FORM, STYLE AND PLACEMENT IN ADMINISTRATIVE CODE [s. 

## 227.15 (2) (c))



## CommentAttached NO 

# 12]

3. 

## CONFLICT

# wrrn ORDUPUCATION OFEXISTINGRULES [s. 

## 227.15 (2) (d)]



## CommentAttached NO 

# (2]

4. ADEQUACY OFREFERENCES TO RELATED STATUTES, RULES AND FORMS [s. 

## 227.15 (2) (e)]



## CommentAttached NO 

# [2)

5. CLARITY, GRAMMAR, PUNCTUATIONAND USE OFPLAINLANGUAGE [s. 

## 227.15 (:1) (f)]



## CommentAttached YES 

# D NO 

# [2)

6. ·POTENTIAL CONFLICTS WITH, 

## AND COMPARABlLlTYTO, RELATED FBDBI{AL REGULATIONS [s. 

## 227.15 (2) (g)]



## Comment Attached NO 

# lvJ.

7. COMPLIANCEWITH PERMIT ACTION DEADLINEREQUIREMENTS [s. 

## 227.15 (2) (h)]



## CommentAttached YES 

# D NO 

# [2)

6

## PART4 CR 01-121

ANALYSIS OF FINAL DRAFT OF TRANS 131

(a) Need for Amended Rule. This rule making proposes to amend Trans 131.03(2)(a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period of time prior to registration renewal in which a vehicle may 

## be tested, and are simply changed to correspond to the 180-day period from 90-days. (b) Modifications as a ResultofTestimony at Public Hearing. Notice of intent to adopt this proposed rule without public hearing was given underthe procedure set forth in s. 227.16(2)(e), Slats. No one petitioned for a public hearing and no public hearing was held. (c) List of Persons who Appeared or Registered at Public Hearing. Because there was no hearing, there were none. (d) Response to Legislative Council Recommendations. 

## The Legislative Council report contained no recommendations to ·the proposed rule. (e) Final Regulatory Flexibility Analysis. This proposed rule will have no adverse impact on small businesses.



## 7

### Mid-January 2008 WISCONSINADMINISTRATIVE REGISTER NO. 625 Page 23

consumerprice index. For the purposes ofthis rulemaking, 

### 2006 

### is the index year. The consumerprice index is compiled by the U.S. Department ofLabor, Bureau ofLabor Statistics and for 2006 is 3.2%. 3. TheDepartment'sWIC vendor and vendor redemption 

### records. Each vendor is placed in a vendor peer group accordingto the numberofcash registers, avalid indicator for the size ofstore. Small stores arc those with4 orless registers and would be considered a small store.

4. The Wisconsin WIC Program Advisory Committee's Retailer Sub-committee that includes theWisconsin Grocers 

### Association and retailers representing large and small grocery stores and pharmacies, reviewed and commented on the draft rule.
Initial Regulatory Flexibility Analysis



### The Wisconsin WIC Program assigns each vendor (grocery store andpharmacy) to a vendorpeer

### group basedon the numberofcash registers, a criteria that has been validated
as an accurate indicator of

### the store size. As ofJuly 2007,peer group 1 consisted of 433 grocery stores with 1-4 cash registers, i.e., a small store. The total redemption ofthe 433 grocery stores 

### in PeerGroup I forthe month ofJuly 2007 was $1,567,237, compared to $1,409,331 for the 222 grocery stores inPeerGroup 2 (5-10registers), and $3,465,249 torthe 232 grocery stores in Peer Group 3 (II ormore registers). All 165 WIC pham1acies are placed in Peer Group 9, regardless ofthe number ofregisters, with a July 2007 total redemption of$224,150. All 9 above-SO-percentvendors are placed in PeerGroup 7. An above-50-percent vendoris an authorized vendor who derives more than 50 percent ofannual food sales revenue from WIC checks or a vendor applicant for initial authorization who estimate they will derive more than 50 percent of annual food sales revenue from WIC checks. There are 6 small stores and 1 pharmacy in the above-50-percentPeer Group. Total redemption for July 2007 was $108,450. The proposedrules will affect small businesses, however, the proposed rules will not have a significant economic impact on the small businesses that are compliant with this rule. Sma11 stores that do not currently maintain regular established hours ofoperation may have to increase the time open to at least five days a week for a minimum of two four-hourblocks oftime. This requirement may result in an increase in sales thatwould off-setany increase in costs. The rules codify vendor contract requirements for stores and pharmaciesto maintain inventory and accounting records as required underthe vendor contract, and to report store prices to the Department. These ;,tre not new requirements. No professional skills are required to comply with the rules. The WIC Program is entirely federally funded. No state funding is used for administrative expenses or for food purchases. It

### is not anticipated that federal food expenditures will be increased as a result of this rule; in fact, food expenditures shouldbe less when the rule is in place. There would betighterpricing requirements for above-50-percent vendors, and stronger sanctions for fraud and abuse, including recoupments as a result ofovercharging for WIC foods. 

### SmaUbusiness regulatory coordinator Rosie Greer, Greerrj@dhfs.state.wi.us, 608-266-1279 Fiscal Impact The WIC program is entirely federally funded. No state funding is used for administrative expenses or for food purchases. 

### It is not anticipated that federal food expenditures will be increased as a result of this rule; in fact, food expenditures should be less when the rule is in place. There would be tighterpricing requirements for above-50-percent vendors and stronger sanctions for fraud and abuse, including recoupment ofovercharging for WIC foods. There would be an indeterminate state fiscal impact as a result ofthe expansion ofsanctions, butit is anticipated that WIC would increase its existing administration revenues as a result of imposing an enforcement assessment with each recoupment. There willbeno local government impactas a result ofthis rule. All ofthe provisions related to vendor sanctions are conducted by the state WIC office and monitoring requirements for the local projects have not changed. Provisions related to participant fraud and abuse are either unchanged from previous policy or lessened; for example, follow-up for participant repayment is now limited to two letters, with additional follow-up to be conducted by the state WIC office ifneeded. CopyofRule A copy ofthe full text ofthe rules and the fiscal estimate
can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov or by contacting the person listed below. 

### Contact Person Patti Herrick WIC Program Director Room 243, I West Wilson Street Madison, WI 53701 Phone:608-266-3821 Fax:608-266-3125 herriph@dhfs.state.wi.us



## Notice ofHearing

Transportation CR07-ll4 NOTICE IS HEREBY GIVENthat pursuant toss. 110.06, 110.20 (9), and 227.11, Slats., interpreting s. 110.20, Slats., the Department ofTransportation will hold a public hearing
on February 4, 2008 atthe Hill Farms State Transportation Building, Room 144-B,4802 Sheboygan Avenue, Madison, WI, at 1:00PM,to consider the amendment ofch. Trans 131, Wisconsin Administrative Code, relating to the vehicle emission inspection program. Parking for persons with disabilities and an accessible entrance are available. Copy ofRule A copy oftheproposed rule may be obtained upon request from Steve Hirshfcld, Department ofTransportation, Bureau ofVehicle Services, Room 253, P. 

### 0. Box 7909, Madison, WI 53707-7909. You may also contact Steve Hirshfcld by phone at (608) 266-2267 or via e-mail: stephen.hirshfeld@dot.state.wi.us.

### Page 24 WISCONSIN ADMINISTRATIVE REGISTER NO. 625 Mid-January 2008

Analysis Prepared by the Department ofTransportation 

### Statutes interpreted

s. II 0.20, Stats. 

### Statutory authority

ss. 110.06, 110.20 (9), and 227.11, Stats. 

### Explanation of agencyauthority TheWisconsin DepartmentofTransportation (WisDOT) is required to provide an emissions inspections program 

### nonexemptvehicles customarily kept in anumberofcounties in Wisconsin. WisDOT is required to promulgate rules specifying procedures for inspection ofvehicles, including the method of measuring emissions and the types of equipment which may be used in such measurement. The 

### procedures and methods used must be capable of being correlated with procedures established under federal law. 

### Relatedstatutes orrules Section 110.20, Stats., Ch. Trans 131, Wis. Adm. Code. 

### Plain languageanalysis This rule amendment conforms ch. Trans 131 to statutory 

### changes in the vehicle inspection and maintenance program, enacted in 2007 Wis. Act 20. The program is changed to:


### • Eliminate emission inspection of vehicles model year 1995 and earlier (previously, vehicles model year 1968 and newer required testing).

• Add emission inspection ofvehicles model year2007 and later up to 14,000 lbs. gross vehicle weight rating while limiting vehicles model year 2006 and earlierto 8,500 lbs gross vehicle weight rating (previously, all vehicles up to I0,000 lbs had required testing).

• Add emission inspection ofvehicles model year2007 and later that arc powered bydiesel fuel.

• Allow the Department to establish methods for emission testing, and delivery oftesting services in addition to the previously established method of a single contractor under contractto the Department. In this proposed rule, the Department establishes as the testing method the second-generation on-board diagnostic test (OBD II), and establishes as the service delivery method
a possibility ofmultiple contractors whoperform the test at their own facilities, or by subcontracted testing at subcontractors' facilities, orat self-service facilities where a vehicle ownermay test the vehicle; and transmission oftest results and repair information to the Department electronicallyin a format specified by the Department. This proposed rule eliminates the previously-established idle and transient tailpipe testing methods, and the emission equipmentinspection, leaving only the OBDII method. This amendmentrepeals references in the rule related to 

### these now eliminated testing methods. In addition, this proposed mle eliminates the evaporative emission test ("gas cap test"), which waspreviously required but is no longer necessary with OBD II technology. The proposed rule clarifies that to obtain a waiver of compliance on the basis of statutory repair cost limit, the vehicle mustpass a waiver emission equipment inspection. Under law, emission testing is required based on where a vehicle is customarily kept, as stated bythe vehicle owner or lessee. This proposed rule makes clear that the Department may determine whether a vehicJe domicile as stated is consistent with the vehicle owner or lessee address or other information. Thepurpose is to deter statementthat the vehicle is not customarily kept in the emission area in orderto avoid the emission test requirement. 

### Summary of, and comparison with, existing orproposed federal regulations The vehicle emission inspection andmaintenance program exists to comply with federal law and regulations under the Clean Air Actand amendments. The Wisconsin Department ofNatural Resources (DNR) has established the inspection and maintenance program as one of several measures to reduce air pollution. DNR has received approval from the federal Environmental Protection Agency (USEPA) for all Wisconsin's air pollution reduction measures. Theprogram change enacted in 2007 Wisconsin Act 20 and in this rule amendment has been approved by USEPA, and this proposed rule confonns to federal regulations. 

### Comparifion with rules in**adj~cent**

### states

Michigan: Michigan has no vehicle inspection and maintenance program, and consequently no rules addressing such.

Minnesota: Minnesota has no vehicle inspection and maintenance program, and consequently no rules addressing such. State rules prohibit motorists from:
• Permitting vehicles to emit visible air contaminants for
more than 10 consecutive seconds (non-diesel cycle engines) or more than 20 consecutive seconds (diesel cycle engines), and

• Removing, altering, or otherwise rending inoperative any vehicle airpollution control system. Illinois: Emissions testing is prescribed under the Illinois Vehicle Emissions Inspection Law [625 Illinois Compiled Statutes 51!3C (2005)]. The Inspection Lawrequiresbiennial inspection of 1996 and newermodel year light-duty vehicles, Iight-dutytrucks, and heavy-duty vehicles. Diesel-powered vehicles, motorcycles and other specified vehicle/registration types are exempt from inspection. Vehicles do not require inspection until they are four model years old.

Per the Inspection Law, the emissions test(s) to be performed on each vehicle consists ofone ofthe following alternatives:

1. On-boarddiagnostics test. 2. Jdle exhaust and gas cap pressure test. The former applies to all OBD 11-equipped vehicles; the latter to remaining testable vehicles.

.. Iowa: Iowa has no vehicle inspection and maintenance program, and consequently no rules addressing such. 

### Summaryof factualdata andanalyticalmethodologies The program change enacted in 2007 Wis. Act 20 and in thisproposed rule results from ajoint study by the Wisconsin DNR and DOT. The agencies studiedthe age ofthe Wisconsin vehicle fleet, the existence aodefficacy ofOBD II technology
on vehicles, and 

### the costs and benefil'i ofvarious methods of emission testing. The agencies concluded that sufficient numbers ofnewer model year vehicles, equipped with OBD II technology, now exist in the vehicle fleet that 

### it is cost-effective to eliminate testing of older vehicles and eliminate tailpipe testing, and the overall air pollution reduction level is maintained. 

### Analysisandsupportingdocumentation**u~·ed** 

### to determine effectonsmallbusinesses In establishing the newemission program design, DOT and DNR studied the age ofthe Wisconsin vehicle fleet. The agencies have determined that most vehicles in the fleet are within the 1996-current model year range, and that older vehicles have largely been removed from the fleet. The likelihood is that small businesses own newer vehicles, equipped with OBD II technology. As a result, while moreMid-January 2008 WISCONSIN ADMINISTRATIVE REGISTER NO. 625 Page 25

vehicles are made subject to emission testing under the new law, the costpervehicle to comply shouldbe reduced. To the extent that small businesses still own older vehicles, those vehicles are no longer subject to testing and repair. 

### Effect on smallbusiness Section 285.30, Stats., as amended by 2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that small businesses own older vehicles, the law eliminates the need for those vehicles to be tested. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these 

### vehicles 8re manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is
a reasonable expectation, and thus not unduly burdensome. 

### The statute provides for enforcement of emission testing through vehicle registration denial. The Department's Regulatory Review Coordinatormay be contacted by e-mail at ralph.sanders@dot.state.wi.us. or by calling (414) 438-4585. 

### Fiscal effect Section 285.30, Stats., as amended by 2007 Wis. Act 20. eliminates the testing requirement for vehicles model year before 1996. To the extent that local governments own older vehicles, the law eliminates the need for those vehicles to be tested and repaired. The law also requires diesel-powered vehicles ofmodel year 2007 and newer, and vehicles model year 2007 and newer up to I4,000 lbs gross vehicle weight ratingto undergo OBD II emissiontesting. On the other 

### hand, these vehicles are manufactured with OBD 

### 11 equipmentand software, and maintaining the vehicles' emission systems is
a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial. 

### Anticipated costs incurred by 

### private sector Section 285.30, Stats., as amendedby 2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extentthat state orprivate sector entities
own older vehicles, the law eliminates the need for those vehicles to 

### be tested and repaired. The law also requires diesel-poweredvehicles ofmodel year 2007 and newer. and vehicles model year 2007 and newer up to 14,000 lbs gross vehicleweightrating to undergo OBDII emission testing. On the other hand, these vehicles are manufacturedwith OBD II equipment and software, and maintaining the vehicles• emission systems is 

### a reasonable expectation, 

### and thus not unduly burdensome. The statute provides for enforcementof emissiontesting through vehicle registration denial. 

### Agency contactperson andplace where comments are to be submitted and deadline for submission The public record on this proposedrule makingwill be held open until close ofbusiness the day ofthe hearing, 2007, to petmitthe submission ofcommentsin lieu ofpublic hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Steve Hirshfeld, Department of Transportation, Bureau of Vehicle Services, Room 253, P. 

### 0. Box 7909, Madison, WI 53707-7909. You mayalso contact Steve Hirshfeld byphone at (608) 266-2267 or via e-mail: stephen.hirshfeld@dot.state.wi.us.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/rcsearch/law/rulenoti ces.htm.

## STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY

. The Wisconsin Department ofTransportation adopts an orderto amend TRANS 131.03(2)(a), 131.04(1)(b), 131.08(1) and 131.10(1), Wisconsin Administrative Code, relating to vehicle emission inspections. ORDER ADOPTING RULE

Analysis Prepared bythe Wisconsin DepartmentofTransportation

STATUTORY AUTHORITY: s. 110.20(9)(d), Slats., as amended by 2001 Wis. Act 16 STATUTES INTERPRETED: s.110.20(6)(a)1., Slats.

General Summary of Rule. Ch. Trans 131 governs the operation ofthe Vehicle Emission Inspection Program. This rule making amends Trans 131.03(2)(a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period of time prior to registration renewal in which a vehicle may be tested, and are simply changed to correspond to the 180-day period from 90-days.

Fiscal Effect. The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district orsewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.

Final Regulatory Flexibility Analysis. This rule will have no adverse impact on small businesses. Copies of Rule. Copies of the rule may be obtained upon request, without cost, by writing to Jerry Medinger, Third Party Programs Section, P. 

## 0. Box 7909, Madison, WI 53707-7909, or by calling (608) 266-2267. Hearing-impaired individuals may contact the Department using TOO (608) 266-3096. Alternate formats ofthe rule will be provided to individuals attheir request.



## 1

## TEXT OF RULE

Under the authority vested in the state ofWisconsin, department oftransportation, by s. 110.20(9)(d), Stats., as amended by 2001 Wis. Act 16, the department of transportation hereby amends a rule interpreting s. 110.20(6)(a)1., Stats., relating to
vehicle emission inspections.
SECTION 1. Trans 131.03(2)(a) is amended to read:

Trans 131.03(2)(a) No more than 90 180 days prior to renewal of annual registration. In the 2nd year after the nonexempt vehicle's model year and every 2

years thereafter.
SECTION 2. Trans 131.04(1)(b) is amended to read:
Trans 131.04(1)(b)The emission related repairs and adjustments made to the
vehicle's emission control system, including cost for parts and labor, have been performed on the vehicle within 90 180 days prior to renewal of annual registration or
within 90 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspectionreport 

## by the

person performing the repairs. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided 

## to the

waiver investigator.
SECTION 3. Trans 131.08(1) is 

## amended to read:

Trans 131.08(1) ELIGIBILITY. When a VE1hicle subject to the emission inspection requirements ofthis chapter is unavailable for an inspection due to eitherthe
vehicle's absence or inoperative condition, or the owner's or lessee's absence or

2

## incapacity, during the 90 180 day period prior to the license expiration date, orwithin 45 days of an ownership change registration or registration as a collector or hobbyist
vehicle, and inspection is not available under Trans 131.10, the owner or lessee may request ofthe department a letter oftemporary exemption from the requirements ofthis chapter.

SECTION 4. 

## Trans 131.10(1) is amended to read:

Trans 131.10(1)COMPLIANCE. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the

vehicle's absence from the Wisconsin inspection area during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another

nonattainment area requiring vehicle emission inspections, the owner or lessee shall

submit an official vehicle inspection report, or the equivalent document, from that area indicating thatthe vehicle has passed the emission inspection in that area. (END OF RULE TEXT)


## Effective Date. This rule shall take effect on the first day ofthe month following publication in theWisconsin Administrative Register as provided in s. 227.22(2), Slats. Signed at Madison, Wisconsin, thisd.f_t-<aay of January, 2002.

# r-~~**-~cretary** 

## WISconsin Department ofTransportation



## 3

## PROPOSED ORDER OF THE STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION ADOPTING RULES

The Wisconsin Department of Transportation proposes an order to repeal TRANS 131.02(3), (4), (8), (11), (14), (16), (27), (30), (32), (33), (43), (47) and (49), 131.03(6)(a)3., (b), Table 2, (c), (d)6., 7. and 9., (7), (9), (10)(b)1., (d)2., (11)(a) and (g) to (i), (13)(b) to (d), (15)(a)9. to 11., 18. and 27., 131.04(2)(a), 131.05(2), and 131.11(2)(a) and (b); to amend TRANS 131.01(2), 131.02(6), (6r}, (10), (22), (25), (34), (35), (50m), (53) and (54), 131.03(tille), (1)(a), (c), (d)(note), (2)(intro.) and (a), (b)(note), (3)(intro.), (d) and (h), (4), (6)(d)1., 3., 5., 8. and 10., (10)(a)2., (b)2., (11)(m) to (o), (12), (13)(a), (14), (15)(a)(intro.), (a)14. and 23., (b) and (c), 131.04(1)(intro.), (a), (b), and (c)1. and 2, 131.05(3), 131.07(1)(intro.), (a) and (2), 131.09(3), 131.11(1)(a) and (2)(e), 131.12(3), 131.13(1)(a), (a)6., (2), (5)(a) and (b), and (6)(c), 131.14(1), (2)(a), (4) and (5)(f), and 131.16(2)(b), (c) and (3); to repeal and recreate TRANS 131.03(5) and (6)(d)2., and 131.12(2); and to create TRANS 131.02(1m) and (56m), and 131.04(2)(d), relating to vehicle emission inspection program.

NOTICE IS HEREBY GIVEN that pursuant toss. 110.06, 110.20(9), and 227.11, Slats., interpreting s. 110.20, Stats., the Department of Transportation will hold a public hearing on February 4, 2008 at the Hill Farms State Transportation Building, Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at 1:00 PM, to consider the amendmentof

ch. Trans 131, Wisconsin Administrative Code, relating 

# to the vehicle emission inspection

program. Parking for persons with disabilities and an accessible entrance are available.

A copy ofthe proposed rule may be obtained upon request from Steve Hirshfeld, Department of Transportation, Bureau of Vehicle Services, Room 253, P. 

## 0. Box 7909, Madison, WI 53707-7909. You may also contact Steve Hirshfeld by phone at (608) 266-

2267 orvia e-mail: stephen.hirshfeld@dot.state.wi.us.

## ORDER OF THE STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION ADOPTING RULES



# -------------------- ---- 

## The Wisconsin Department of Transportation adopts an order to repeal TRANS 131.02(3), (4), (11), (14), (16), (27), (30), (32), (33), (43), (47) and (49), 131.03(6)(a)3., (b), Table 2, (c), (d)6.• 7. and 9.• (7), 

## (9), (10)(b)1., (d)2., (11)(a) and (g) to (i), (13)(b) to (d), (15)(a)9. to 11., 18. and 27., 131.04(2)(a), 131.05(2). and 131.11(2)(a) and (b); to amend TRANS 131.01(2), 131.02(6), (6r), (10), (22), (25), (34), (35), (50m). (53) and (54), 131.03(title), (1)(a), (c), (d)(note). (2)(intro.) and (a), (b)(note), (3)(intro.), (d) and (h), (4), (6)(d)1., 3., 5., 8. and 10., (10)(a)2., (b)2., (11)(m) to (o), (12), (13)(a). (14}, (15}(a)(intro.), (a)14. and 23., (b) and (c), 131.04(1)(intro.), (a), (b), and (c)1. and 2, 131.05(3), 131.07(1)(intro.). (a) and (2), 131.09(3). 131.11(1)(a) and (2)(e), 131.12(3), 131.13(1)(a), (a)6., (2), (5)(a) and (b), and (6)(c). 131.14(1), (2)(a). (4) and (5)(f), and 131.16(2)(b), (c) and (3}; to repeal and recreate TRANS 131.02(8), 131.03(5). and (6)(d)2., and 131.12(2); and to create TRANS 131.02(1m) and (56m), and 131.04(2)(d), relating to vehicle emission inspection program.

------**·------------~--**



## Analvsis Prepared 

## by the Wisconsin DepartmentofTransportation
Statutes interpreted: ss. 110.20 and 285.30, Slats. Statutoryauthority: ss. 110.06, 110.20(9), and 227.11, Slats. Explanation 

## of agency authority: The Wisconsin Department 

## ofTransportation (WlsDOT) is required to provide an emissions inspections program of nonexempt vehicles customarily kept in a number ofcounties in Wisconsin. WisDOT is required to promulgate rules specifying procedures for inspection ofvehicles, including the method of measuring emissions and the types of equipment that may be used in such measurement. The procedures and methods used must 

## be capable of being correlated with procedures established under federal law.

Related statute or rule: Section 110.20, Slats., Ch. Trans 131,Wis. Adm. Code.
Plain language analysis: This rule amendment conforms ch. Trans 131 to statutory changes in the vehicle inspection and maintenance program, enacted in 2007 Wis. Act 20. The program is changed to:

• Eliminate emission inspection of vehicles model year 1995 and earlier (previously, vehicles model year 1968 and newer required testing).

• Add emission inspection ofvehicles model year 2007 and later up to 14,000 lbs. gross vehicle weight rating while limiting vehicles model year 2006 and earlier to 8,500 lbs gross vehicle weight rating (previously, all vehicles up to 10,000 lbs had required testing).

1

## • Add emission inspection of vehicles model year 2007 and later that are powered by dieselfuel.

• Allowthe Department

# to establish methods for emission testing, and delivery of testing services in addition to the previously established method of a single contractor undercontracttothe Department.
In this rule, the Department establishes as the testing method the secondgeneration on-board diagnostic test (OBD II), and establishes as the service delivery method a possibility of a contractor who performs the test at its own facilities, or by subcontracted testing at subcontractors' facilities, or at self-service facilities where a vehicle owner maytest the vehicle; and transn:lission oftest results and repair information to the Department electronically in aformat specified by the Department.
This rule eliminates the previously-established idle and transient tailpipe testing methods, and the emission equipment inspection, leaving only the OBD II method. This amendment repeals references in the rule related to these now eliminated testing methods.
In addition, this rule eliminates the evaporative emission test ("gas cap test"), which was previously required but is no longer necessarywith OBD II technology.
The rule clarifies that to obtain a waiver of compliance on the basis of statutory repair cost limit, the vehicle must pass awaiveremission equipment inspection.
Under law, emission testing is required based on where a vehicle is customarily kept, as stated by the vehicle owner or lessee. This rule makes clearthat the Department may determine whetheravehicle domicile as stated is consistentwith the vehicle owner or lessee address or other information. The purpose is to deterstatement that the vehicle is not customarily kept in the emission area in order

# to avoid the emission test requirement.
In addition, the adoption ofTrans 131 will give the Department the authority 

# to use federal standards by which test procedures are governed. The Attorney General's office has consented to the incorporation by reference of the USEPA publication "Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," dated June 2001, underthe provision of§227.21(2), Slats. Summary of, and preliminary comparison with, existing or proposed federal regulation: 

## The vehicle emission inspection and maintenance program exists 

# to comply with federal law and regulations underthe Clean AirAct and amendments. The Wisconsin Department of 

## Natural Resources (DNR) has established the inspection and maintenance program as one ofseveral measures to reduce air pollution. DNR has received approval from the federal Environmental ProtectionAgency (USEPA) for all Wisconsin's air pollution reduction measures. The program change enacted in 2007 Wisconsin Act 20 and in this rule amendment has been approved by USEPA. and this rule conforms to federal regulations.



# 2

## Comparison with Rules inthe Following States: Michigan: Michigan has no vehicle inspection and maintenance program, and consequently no rules addressing such.

Minnesota: Minnesota has no vehicle inspection and maintenance program, and consequently no rules addressing such. State rules prohibit motorists from:

• Permitting vehicles to emit visible air contaminants for more than 10 consecutive seconds (non-diesel cycle engines) or more than 20 consecutive seconds (diesel cycle engines), and

• Removing, altering, orotherwise rending inoperative any vehicle air pollution control system.
Illinois: Emissions testing is prescribed under the Illinois Vehicle Emissions Inspection Law (625 Illinois Compiled Statutes 5/13C (2005)]. The Inspection Law requires biennial inspection of 1996 and newer model year light-duty vehicles, light-duty trucks, and heavy-duty vehicles. Diesel-powered vehicles, motorcycles and other specified vehicle/registration types are exempt from inspection. Vehicles do not require inspection until they are four model years old.

Per the Inspection Law, the emissions test(s) to be performed on each vehicle consists ofone ofthe following alternatives:

1. On-board diagnostics test.

2. Idle exhaust and gas cap pressure test.
The former applies to all OBD 11-equipped vehicles; the latter to remaining testable vehicles.

Iowa: Iowa has no vehicle inspection and maintenance program, and consequently no rules addressing such. Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: The program change enacted in 2007 Wis. Act 20 and in this rule results from a joint study by the Wisconsin DNR and DOT. The agencies studied the age

## ofthe Wisconsin vehicle fleet, the existence and efficacy of OBD II technology on vehicles, and the costs and benefits of various methods of emission testing. The agencies concluded that sufficient numbers of newer model year vehicles, equipped with OBD II technology, now exist in the vehicle fleet that it is cost-effective to eliminate testing 

## ofoldervehicles and eliminate tailpipe testing, and the overall air pollution reduction level is maintained.

3

## Analysis and supporting documentation used to determine effect on small businesses: In establishing the new emission program design, DOT and DNR studied the age of the Wisconsin vehicle fleet. The agencies have determined that most vehicles in the fleet are within the 1996-current model year range, and that older vehicles have largely been removed from the fleet. The likelihood is that small businesses own newer vehicles, equipped with OBD II technology. As a result, while more vehicles are made subject to emission testing under the new law, the cost P.er vehicle to comply should be reduced. To the extent that small businesses still own older vehicles, those vehicles are no longersubject to testing and repair.
Effect on small business: Section 285.30, Stats., as amended by 2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that small businesses own oldervehicles, the law eliminates the need forthose vehicles to be tested. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect: Section 285.30, Slats., as amended by 2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that local governments own older vehicles, the law eliminates the need for those vehicles to be 

## tested and repaired. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement ofemission testing through vehicle registration denial. Anticipated costs incurred by private sector: Section 285.30, Slats., as amended by 2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that state or private sector entities own older vehicles, the law eliminates the need for those vehicles to be tested and repaired. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial.
Contact person and copies of rule: Copies ofthe rule can be obtained, without cost, by writing to Steve Hirshfeld, Department of Transportation, Bureau of Vehicle Services, Room 253, 

## P. 0. Box 7909, Madison, WI 53707-7909. You may also contact

4

## Steve Hirshfeld by phone at (608) 266-2267 stephen.hirshfeld@dot.state.wi.us.



## TEXT OF RULE
SECTION 1. Trans 131.01(2) is amended to read: or via e-mail:

Trans 131.01(2) APPLICABILITY. This chapter applies to all nonexempt vehicles customarily kept in those counties certified by the department of natural resources
under s. 110.20 (5) (a), Slats. 

## Italso applies to all nonexempt vehicles customarily kept

in any county whose board of supervisors has adopted a resolution under s. 110.20 (5) (b), Slats., requesting the department establish an inspection and maintenance

program, and applies to any nonexempt vehicle which a person presents for a voluntary inspection at an inspection station pursuant to s. 110.20 (7), Slats., and s. Trans

131.07. For purposes ofdetermining where a vehicle 

## is customarily kept, the county of
domicile as indicated by the vehicle owner and contained in the 

## department's title
database shall be used. In the absence ofan indicated county ofdomicile, the owner or
lessee's J1ost office address shall be used to .determine county of domicile. The department mav determine whether the vehicle domicile location js consistent with the

owner or lessee's post office address or with other information that indicates the customary location 

## of the vehicle. The department may change a vehicle domicile
location in department title records to make it consistent with the results of its
determination. and mav require the vehicle to undergo emission testing as required in

this chapter. If the vehicle owner or lessee disputes the department's determination.
the vehicle owner or lessee may present evidence satisfactorY to the department ofthe

correct vehicle domicile location. The department decision as to correct vehicle
domicile location shall be the final decision ofthe department.



## 5

### Note: Forms used in this chapterare MVf)

### Ml£2016, substitute renewal notice; MV9 MV 2470, vehicle inspection report; MVf) 

## MY 2472, application for letter of temporary exemption from emission test requirements; MV 2568, exchanged engine certificate; MV 2594, quality 

### assurance inspection report. Copies can 

### be obtained from the Wisconsin Department of Transportation, \leAiGie EmissillR 

### Dealer and Agent Section, P. 0. 

### Box 7909, 

### Madison, WI 53707-71l09. 

## SECTION 2. Trans 131.02(1m) is created to read:

Trans 131.02(1m) "Authorized inspection facility" means a self-service inspection facility, or a private testing facility, or an inspection station, authorized by the department to perform emission testing.


## SECTION 3. Trans 131.02(3) and (4) are repealed.


## SECTION 4. Trans 131.02(6) and (6r) are amended to read:

Trans 131.02(6) "Contractor" means a person with whom the department has a

contract that provides for the operation of one or more inspection stations or for the performance of emission testing at an authorized inspection facility other than an inspection station or for the performance of a service related to the Wisconsin vehicle

emission inspection program.

· (6r) "DTC" means diagnostic trouble code stored by a vehicle's OBD!! system.



## SECTION 5. Trans 131.02(8) 

## is repealed and recreated to read:

Trans 131.02(8) "Electronic reporting," "electronically reported" or "reported electronically" means reported directly to the department or 

## its contractor electronically

in a format specified by the department.


## SECTION 6. Trans 131.02(10) is amended to read:

Trans 131.02(10) "Emission test" means the traRsieRt emissieR lester 2 speed

isle test Elessrilled iR tt:Je federal nlle, Ysed 

# ro c:leter:miRe sempliaRee witt:J applisaele

vet:Jiele exi:JaY&t emissioR limitatieRs fer earlloR meRexiEie, hyEirosarboRs, aRc:! exiEies ef RilregeR OBD II test.



## 6

## SECTION 7. Trans 131.02(11), (14) and (16) are repealed.
SECTION 8. Trans 131.02(22) and (25) areamended to read:

Trans 131.02(22) "Inspection" means the mandatory vehicle emission inspection required by s. 110.20, Slats., consisting ofan emissiaR testerOBD

# llinspection. (25) "Inspector" means the individual who performs the vehicle emission inspection for the contractor or subcontractor.
SECTION 9. Trans 131.02(27), (30), (32) and (33) are repealed.
SECTION 10. Trans 131.02(34)to (35) areamended to read:

Trans 131.02(34) "OBD II" means the on-board diagnostic system installed on


## 4-994 1996 and newer vehicles by the manufacturer that meets the regulations promulgated bythe USEPA under 42 USC 7401-7671q. (34m) 

## "080 inspection" or 

## "080 II inspection" means an emissions related test
in which the vehicle's on-board computer is accessed to evaluate the status of the

vehicle's emission control system. (35) "Performance monitoring" means the system of evaluating automotive repair

facilities' performance by collecting and reporting the repair data as ·recorded on the

vehicle inspection report or as reported electronically. upon performance ofthe repair.
SECTION 11. Trans 131.02(43), (47) and (49) are repealed.
SECTION 12. Trans 131.02(50m), (53) and (54) are amended to read:
Trans 131.02(50m) "USEPA technical guidance" means the USEPA publication

"IM 

## 24Q & E'.'ap TeshRiGal GwiaaRGe Performing Onboard Diagnostic System Checks as
Part of a Vehicle Inspection and Maintenance Program," dated Awg1:1st, 1998, June.
2001, which is incorporated herein by reference. Any alternative test procedures or



## 7

## changes in procedural details shall be approved by the. USEPA administrator prior to

use.
Note: Copies are on file with the Re¥isw 

### 9f StaMas Legislative Reference Bureau and the Attorney General's 

## office. These procedures are available in published form from the Wisconsin Department of

### Transportation, Bureau of Field Services, 

### P. 0. Box 

### 004-7 7909, Room :ui6 

### 253, Madison, WI**53707-8g;t.~~** 

### and can be 

### accessed on the Internet 

### at**I!HpJA•,.,wl.epa.govhltaqifegs~m.l!tm** 

### http://www.epa.gov/otaq/regs/lm/obd/r01015.pdf 

## (53) 'Vehicle inspection notice" means a document mailed to vehicle owners as a
result of failing a remote sensing test indicating that the nonexempt vehicle has been inspected in accordance with the provisions of s. Trans 131.14 and, if necessary, shall
be presented at an inspection station or other authorized inspection facility for inspection under s. 110.20 (6) (a) 4, Stats. (54) "Vehicle inspection report" means a serially numbered document issued 

## at

an inspection station or technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions ofthis chapter. and may include data reported electronically.
SECTION 13. Trans 131.02(56m) is created to read:

Trans 131.02(56m) "Waiver'' means a conditional one-cycle exemption from

emission testing that may 

## be granted to a vehicle owner orJessee.
SECTION 14. Trans 131.03(title), (1)(a), (c), (d)(note), (2)(intro.) and (a), (b)(note), (3)(intro.), (d) and (h) and (4) are amended to read:

Trans 131.03 Emission test, emission 8'1Yipment inspestion, evaporati'IG

emission test; 

# osg inspeatien, and reinspection. (1) GENERAL. (a) All nonexempt
vehicles that are customarily kept in counties certifted under s. 110.20 (5) (a), Slats., or

in a county whose county board adopts a resolution under s. 110.20 (5) (b), Stats., shall

be inspected at aA iAspe61ieA statieA as provided in this chapter. Penalty for failure to



## 8

## comply with this section consists 

## of either denial of registration renewal or suspension of

vehicle registration as set forth in s. 341.63 (1) (e), Slats. +a-reinstate •,•ehiole registration, afee presorilled lays. 

## 341.36 (1), Stats., is required. (c) f:ollowing initial registratiofl 

## ef a AS\\' \•ehisle 

## lay a retailpurohaser, a miAimum


## of one model year shall elapse prior to the \•ehisle laeeemiAg 

## A vehicle is first subject to
the requirements ofthis chapterwhen the vehicle is 4 model years old.

Note: For example, a 49Q3 2004 model year vehicle shall be considered as being more than 5**~model** 

### years old commencing January 1, 4998**~.** 

## (2) WHEN INSPECTION REQUIRED. Nonexempt vehicles subject to an inspection shall have the inspection completed 

## at an inspeatien station as provided in

this chapter when any ofthe following apply: (a) No more than 180 days prior to renewal of annual registration. In the 2nef

year after the nonel<empt vehicle's moEiel year This requirement applies when the
vehicle is 4 model years old and every 2 years thereafter.

Note: For example, a 4996 2004 model year vehicle shall be considered as being more than 5**~** 

### model years old commencing January 1, 

### :!001- 2008. 

## (3) DOCUMENT REQUIREMENTS. Each vehicle presented for inspection at an inspection station orat an authorized inspection facility shall 

## be accompanied byat least

one ofthe following documents which identifies the vehicle by make, model year, YIN,

and license plate number: (d) 

## A vehicle inspection report if a reinspection. unless repair performance data has, upon performance ofthe repair, been reported electronically. (h) 

## A properly completed voluntary inspection request form, obtainable from the

managerat each ofthe inspection stations or at other authorized inspection facilities as
determined by the department.



## 9

## (4} SCOPE AND NATURE OF TEST. The vehicle emission test shall consist of sampliA!?J 

## the el!l:laust emissieAs ffem tl=le tailpipe er tailpipes. aAEI measuFiR€J tl=le l=lydresaFboRs, saFbaR meRalliae,**sar~aR** 

## EliGlliEle aAa exiaes 9f AitregeA. Far 

## 1QQ€l aAa

Aewer 'JeRisles equipped witl=l 

## OBP II**s~tems,** 

## tl=le test sl=lall saAsist 

# at an OBD 

# !! inspection which indicates whether the MIL is commanded on and, if 

## so, the DTCs causing the command.


## SECTION 

## 15. Trans 131.03(5) is repealed and recreated to read:
Trans 131.03(5} EMISSION STANDARDS. (a) Vehicles. that meet any of the following conditions shall fail the inspection:

1. The DLC is missing, has been tampered with, or is otherwise inoperable.
2. The MIL does not illuminate at all when the ignition key is turned to the "key

on, engine off" position.
3. The MIL illuminates continuously or flashes when the vehicle is in the "key on, engine running " condition, even if no DTCs are present.


## 4. A scan tool indicates that any DTCs are present and that the vehicle's MIL

status is commanded on. (b) Ifthe MIL is not commanded to 

## be illuminated, the vehicle shall pass the OBD inspection, even if

## DTCs are present.


## SECTION 16. Trans 131.03(6)(a)3., (b), TABLE 2 and (c) are repealed.


## SECTION 17. Trans 131.03(6)(d)1. is amended to read:
Trans 131.03(6)(d) 

## OBD inspection procedures. 

## 1. An OBD!! inspection shall
be performed on all model year 1996 and newer vehicles equipped with OBD II 

## systems. The OBD inspection shall be performed according to the procedures specified
in section 85.2222 ofthe federal rule.

10

## SECTION 18. 

## Trans 131.03(6)(d)2. is repealed and recreated to read:
Trans 131.03(6)(d)2. If the vehicle's OLC cannot be located, or is located such
that an inspector cannot reasonably access it during the course of a vehicle inspection,
the vehicle shall receive a waiver equipment inspection as provided ins. Trans 131.05 and, pending the outcome ofthis inspection, 

## be referred to atechnical assistance center
for issuance of

## atechnical waiver ofcompliance as provided in s. Trans 131.04(1)(b).
SECTION 19. 

## Trans 131.03(6)(d)3. and 5. are amended to read:
Trans 131.03(6)(d)3. The inspector shall connect the test system to the vehicle by connecting the vehicle's OLC to the laRe 

## 080 II test system. The test system shall
determine what readiness monitors are supported by the vehicle's 

## 080 II system, and perform a readiness evaluation for applicable readiness monitors in accordance with the
USEPA technical guidance. If the readiness evaluation indicates that any on-board

tests are not complete, the vehicle shall be rejected from testing. Vehicles rejected
because on-board tests are not complete shall be tested aooettliRI'J te 

# too**pFGsed~t:es** 

## speoifle£1 iA par. (b) required to leave the test station. pursue a means of completing onboard tests. and return for testing.
5. If the laRe 

## test computer system is not able to download the vehicle OBD 

## II records, the 

## 080 Inspection shall be aborted, and the vehicle shall be teste£! aeeettliR!l
t<Hhe preoeeures specified iA par. (b) retested with an OBD 

## II test in a separate inspection facility test lane.
SECTION 20. 

## Trans 131.03(6)(d)6. and 7. are repealed.
SECTION 21. 

## Trans 131.03(6)(d)8. is amended to read:

11

## Trans 131.06(d)8. If the malfunction indicator status indicates that the MIL has
been commanded to be illuminated, the \<eRiele shall fail the OBD inspeetien and the

test system shall record all DTCs resulting in MIL illumination in the vehicle test record.
SECTION 

## 22. Trans 131.03(6)(d)9. is repealed.
SECTION 23. Trans 131.03(6)(d)10. is amended to read:
Trans 131.03(6)(d)10. Failing the 

## 080 iRsf)eetien is eensider:ed 

## -tRe-same-as failiAg the iASfleetien. Vehicles failing the OBD inspection 

## maynot be reregistered within
the state of Wisconsin until such failing items have been repaired or replaced if

necessary as required by s. 285.30 (6), Stats.
SECTION 24. Trans 131.03(7} to (9) 

## are repealed.
SECTION 25. Trans 131.03(10)(a)2. is amended to read:
Trans 131.03(10)(a)2. The vehicle shall be accompanied by its previous vehicle inspection reports. Repair information, as completed by the person performing the repairs, shall be indicated in the space provided on the reports. unless it is reported electronically. upon performance of !he repair. The completed repair section on the
vehicle inspection report. or the data reported electronically. shall indicate all of the following:
SECTION 26. Trans 131.03{10)(b)1. is repealed.
SECTION 27. Trans 131.03(10)(b)2. is amended to read:
Trans 131.03(1O}(b)2. 

## A vehicle that fails the OBD inspection shall be reinspected after repair provided a readiness evaluation indicates that**aU~**


## a. 

## All applicable on-board tests are complete for the comoonent for which the
vehicle failed its prior inspection. and

12

## (d). b. All applicable on-board tests are complete except as allowed under sub. (6)

Note: For example, acatalytic monitor must be 

## ready afteracatalyst is repaired.


## SECTION 28. Trans 131.03(10)(d)2. is amended to read:

Trans 131.03(1O)(d)2. If the vehicle does not meet applicable emission

limitations test standards, the owner or lessee may apply for a waiver of compliance

from emission test these standards in accord with s. Trans 131.04.
SECTION 

## 29. Trans 131.03(11)(a) and (g) to 

## {I) are repealed.
SECTION 

## 30. Trans 131.03(11)(m) to (o), (12) and (13)(a) are amended to read:

Trans 131.03(11)(m) Upon a reinspection, the vehicle operator fails to provide a properly completed repair form to the inspector. unless the repair information is reported electronically, upon performance ofthe repair. (n) The vehicle exhibits any condition which is recognized as a safety hazard by

the contractor. or any condition that appears to the contractor as making the vehicle

unsafe fortesting. (o) Vehicles subjest te the 

## 08D inspestien Ynller sYiil. 

## (6) (II) shall be rejected
from testing ifa scan of the vehicle's OBD 

## II system reveals a "not ready" status for 3 or

more readiness monitors on model year 1996 through model year 2000 vehicles, or for

2 or more readiness monitors on model year 2001 and newer vehicles, as provided in



## 40 CFR 85.2222(c)(2). Vehieles rejeetell frem testing 

## for this reasen shall lile teste!! aooording te the pro>lisiens efsub. 

## (€!)(Iii). (12) RECONSTRUCTED AND HOMEMADE VEHICLES. Any nonexempt
vehicle registered as reconstructed or homemade under s. 341.268, Slats., shall be inspected for compliance with lileth the**e>~haust** 

## ernissien stanl'laFEis and

.emission

13

## equipment requirements applicable to the model year ofthe vehicle as indicated on the

vehicle's registration documents, unless the owner both requests that the vehicle be inspected by engine year and provides a completed MV2588, exchanged engine

certification form, to the waiver investigator. In addition, the vehicle owner shall locate

the engine number on the engine for purposes of engine year verification bythe waiver investigator. (13) VEHICLES WITH EXCHANGED ENGINES. (a) A motor vehicle with an exchanged engine shall be inspested fer aomplianee with the emission standards applicable 

# tc IRe medel year 

## ef 

# tile •,<et:tiale subject to OBD 

## II inspection compliance

standards established jn s. Trans 131.03(5).
SECTION 

## 31. Trans 131.03(13)(b) to (d) are repealed.
SECTION 

## 32. Trans 131.03(14) and (15)(a)(intro.) are amended to read:

Trans 131.03(14) TRUCKS AND VANS. All trucks and vans shall be inspected

in accord with the e:Kt:taust efflissien standarQ&, emissien equipment and**e~~apeFa\ii.Je** 

## emission standards applicable to the manufacturer's GVWR as indicated either in the

vehicle's identification numberoron the vehicle's doorpost. 

## Ifthere is no manufacturer's
GVWR available, then the vehicle shall be inspected according to the registered GVWR

as indicated on the vehicle's entry document described in sub. (3). (15) VEHICLE INSPECTION REPORT. (a)(intro.) The operator of each vehicle inspected shall receive 

# a vehicle inspection report, MV!;) 

## MV 2470, at the conclusion of

the inspection. The vehicle inspection report data may also be reported electronically.

The inspection report, or the vehicle inspection report data reported electronically, shall

indicate:
SECTION 

## 33. Trans 131.03(15)(a)9. to 11. are repealed.

14

### SECTION 34. 

## Trans 131.03{15){a)14. is amended to read:
Trans 131.03(15)(a}14. Instructions indicating that the inspection report, together
with the vehicle, shall be returned to any inspection station or other authorized inspection facility for reinspection to occur.
SECTION 

## 35. Trans 131.03(15)(a)23. is amended to read:
Trans 131.03{15)(a)23. Inspection station or other authorized inspection facility
number. and inspectorffilffibefs number ifthe test Is performed by an inspector.

SECTION 36. 

## Trans 131.03{15){a)27. is repealed.

SECTION 

# 37. Trans 131.03(15)(b) and (c) are amended to read:
Trans 131.03(15)(b) Each operator of a vehicle failing 

## any portioA 

## of the inspection shall receive an inspection report supplement containing repair, reinspection
and waiver application instructions, as well as information on the possible causes of
failure found during the inspection. {c) Each operator 

## of a vehicle failing aAy portiaR of the initial inspection shall
receive a list of registered automotive emission repair facilities by emissioR iRspectioo
statioA area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

SECTION 38. 

## Trans 131.04(1)(intro.), (a), (b) and (c}1. and 2. are amended to
read:
Trans 131.04{1)(intro.) ELIGIBILITY. A 

## vehicle which fails 

# te pass tl:le desigRate€1 emissioR test staAEiafEis or OBD 

## iRspeelioo**~:~poA** 

## aR the initial inspection,
and which after repair or adjustment, or both, again fails 

# te pass the emissioA iRspeetioR

or OBQ 

## inspection, shall be eligible for a waiver of compliance valid until the next required inspection ofthe vehicle provided the following conditions are met:

15

## (a) For all 

## -'1-9M 1996 and newer model year vehicles which have not exceeded
the terms of the manufacturer's emission performance or defect warranty coverage at
the time ofthe scheduled emission inspection, the operator shall either present awritten

statement from avehicle dealership or other manufacturer's designated agent declaring
that the vehicle is not eligible for emission control system warranty work, or present a dated invoice indicating that the vehicle has received eligible emission control system warranty work. (b) The emission related repairs and adjustments made to the vehicle's emission
control system, including cost for parts and labor, have been performed on the vehicle
within 180 days prior to renewal of annual registration or within 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the
space provided on the vehicle inspection report by the person performing the repairs,
unless the repair information is reported electronically, upon performance of the repair. ' 

## If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. 

## An itemized receipt indicating the parts, labor cost,
and date of purchase shall be provided to the waiver investigator. (c)1. For all 1981 and Aewer FAeElel year vehicles which have exceeded the

terms of the manufacturer's emission performance or defect warranty coverage at the
time of the scheduled emission inspection, the owner shall have emission related repairs performed on the vehicle at a recognized repair facility as defined in s. Trans
131.02 (39) or by a recognized automotive emission repair technician as defined in s. Trans 131.02 (38). The operator shall present avehicle inspection report with the repair
information section completed according to s. Trans 131.03 (13). unless it is reported electronically. upon performance of the repair. The statement shall contain the actual

16

## cost of emission related repairs performed on the vehicle including itemized costs for parts and labor. Ifthe labor for vehicle repair is performed without charge or cost, only
the cost of replacement 

# parts shall be indicated. An itemized receipt indicating the parts,
labor cost and date of repair shall be provided to the waiver investigator.
2. Ti=IFellfiR tl:le Jleriod endiflg No•;ember 30, 1997, JlFeef Proof of recognized
automotive emission repair technician training sl:lall oonsist 9f 

## eitt:ler National lnslitllte
fer Automotive Exsellenoe**~1\SE)** 

## oeftifieation in level 6, 8, 61, 

## er valid dos11mentation indicating**s11ssess~l** 

## oomJlletion of a 'Msoensin emissien tesl=lnioian training**(\AJISETEC~)** 

## oo11rse 11nder

# s. Trans 131.16, or aFt equi•Jalent Jlrogram as determined.by
tl=le deJlaftment. Jl.fter Nevember 30, 1997, JlFeOf of tl=lis 

## training shall consist of either
ASE certification in level L1, or valid documentation indicating successful completion of

aWISETECH course unders. Trans 131.16 or an equivalent program as determined by
the department.

SECTION 39. 

## Trans 131.04(2)(a) is repealed.

SECTION 40. 

## Trans 131.04(2)(d) is created to read:
Trans 131.04(2)(d) If the owner is in compliance with the requirements set forth
in s. 110.20(13), Slats., the department shall issue a waiver of compliance as required by s. 110.20(13), Slats.

SECTION 41. 

## Trans 131.05(2) is repealed.

SECTION 42. 

## Trans 131.05(3) is amended to read:
Trans 131.05(3) CONSEQUENCES. Vehicles failing the waiver emission · equipment inspection shall not receive a waiver of compliance or acceptance for voluntary testing under s. Trans 131.07 until the failing emission equipment items are either repaired or replaced, elEoept as alle\ved by s. Trans 131.03 (12) 

## or (13).



## 17

## SECTION 43. Trans 131.07(1)(intro.), (a) and (2) are amended to read:

Trans 131.07(1)(intro.) CRITERIA. The contractor shall inspect any nonexempt

vehicle presented for inspection at an inspection station or other authorized inspection facility provided: (a) The vehicle operator provides a properly completed request for voluntary

emission inspection form, obtainable from the manager at each of the emission inspection stations or at other authorized inspection facilities as determined by the department.

. (2) EFFECT.

. The voluntary presentation of a vehicle for inspection in

.accordance with sub. (1) shall not impose any requirement upon a vehicle owner to

comply with this chapter eXGept fer the Fepair ar Feplasement of any failing emissien equipment inspeGtian items as FequiFeel unaer s. Tral'ls131.Q3 (7) 

## (G). 

## SECTION 44. Trans 131.09(3) is amended to read:

Trans 131.09(3) ISSUANCE. Upon Feseipt ofthe fee under s. 341.3€1 (1), Stats.,


## aAEl approval ofthe application, the department shall issue a temporary license plate to
the vehicle owner or lessee. Such plate shall contain the date of expiration. The owner

or lessee shall affix the temporary license plate to the vehicle in accord with the requirements ofs. 341.09 (5), Slats.


## SECTION 45. Trans 131.11(1)(a) is amended to read:

Trans 131.11(1)(a) All contractor inspection functions, including those occurring

atthe inspection stations, other authorized testing facilities. technical assistance centers

and vehicles used to conduct remote sensing, shall be audited on an unscheduled
basis, at a minimum, according tothe frequency established in 

## the federal rule. 

## SECTION 46. Trans 131.11(2)(a) and (b) are repealed.



## 18

## SECTION 47. Trans 131.11(2)(e) is amended to read:

Trans 131.11(2)(e) If equipment fails to operate within contractually specified

tolerance during an overt or covert audit, the department's quality assurance auditor

shall immediately re-audit the failing equipment. 

## If the equipment fails again, the department's quality assurance auditor shall require the station manager to close the
affected lane or other authorized inspection facility or emission test operation until such

time as the equipment is properly repaired and documentation of corrective actions is

available for review by the department.
SECTION 

## 48. Trans 131.12(2) is repealed and recreated to read:
Trans 131.12(2) SPECIFICATIONS. Equipment used to perform OBD inspections shall meet the most current version of each of the following SAE
International standards: J1850, J1962, J1978, and J1979.
SECTION 

## 49. Trans 131.12(3) is amended to read:
Trans 131.12(3) QUALITY CONTROL All equipment used in the emission testing process shall be EJaii9FateEI anEI maintaineEI aesording--to-.fue- praseEiures speoifieEI in the feEieFal rule anEI**YS~P/\** 

## teol:lnioal guidanse sestiens 

## 85.2234 anEI


## 85.2235 maintained according to all manufacturer specifications.
SECTION 

## 50. Trans 131.13(1)(a), (a)6., 

## (2), (5)(a) and (b), and (6)(c) are
amended to read:
Trans 131.13(1) TRAINING. (a) All contractor employees and all employees of



## any authorized inspection facility subcontractor who perform any official inspection

functions shall have a license issued by the contractor. No person may either receive a
license or have a license renewed 

# as an inspector unless the person demonstrates to
the department, by 

## training and examination, proficiency in all ofthe following:

19

## 6. Test equipment operation, ealillratieA and maintenance. (2) LICENSING. Upon completion of training and all other licensing requirements, the contractor shall issue a photo identification badge containing the inspector's photograph, name, unique, non-transferable inspector number and the expiration date of the inspector's license. Training and licensing records for each employee so**licens~** 

## shall be maintained both at the contractor's headquarters and at
the employee's primary inspection station or other authorized inspection facilitv. (5) PENAL TIES. (a) Failure ofeither the contractor or any of its employees or of

any authorized inspection facility subcontractor or its employees to pass any portion of

an overt or covert audit shall result in the imposition of a penalty. These penalties,
established in the penalty schedule section of the contract, may require that the

contractor either suspend or revoke inspector licenses or incur liquidated damages, or
both. (b) Contractor or subcontractor employees who are removed from inspection

duties through either suspension or revocation oftheir inspection license as a result of a department audit may appeal the contractor's suspension or revocation to the department's hearing officer. In the case of immediate suspension due to a department audit, a hearing shall occur within 14 calendar days of the department's receipt of a
written request by the employee. Failure of the department to hold a hearing within 14 days when requested shall cause the suspension to lapse. (c) Results of the technical assistance center inspection shall supersede the

results ofthe contested station lane or other authorized inspection facility inspection.



## 20

## SECTION 51. Trans 131.14(1), (2)(a). (4) and (5)(f) are amended to re.ad:
Trans 

## 131.14 Remote sensing. (1) GENERAL. The contractor shall use
remote sensing to measure the in-use vehicle emissions in any county identified under

s. 110.20 (5), 

## Slats. Any nonexempt vehicle that has passed its last emission reinspection under s. Trans 131.03 (11), and fails the remote sensing test by exceeding
the remote emission standards under sub. (4), shall have an eRI'IaAsed emission inspection under s. 110.20 

## (9) (g), Slats. Penalty for failure to comply with this section
consists of suspension of vehicle registration as set forth in .s. 341.63 (1) (e), Slats. 

# +e
reiRstale vel'lisle regislratiBA, afee J}ressril:led 

## by s. 

## 341.3€1(1:),-Stats.• 

## is**req~o~ireEI.** 

## (2) WHEN INSPECTION REQUIRED. (a) The owner or lessee of a nonexempt
vehicle that fails the remote sensing test shall have an eRI=laReed emission inspection
within 45 days ofnotification of a remote sensing test failure. (4) EMISSION STANDARDS. Vehicles that exceed the standards shown in Table
1shall fail the remote sensing test:
TABLE 1

REMOTE SENSING STANDARD

MODELYEAR GVWR HC(ppm) CO(%) NOx(%)**~** 

### 1996 and newer 

## All 

## 400 2.0 

### Reserved

.1Q88-41J9+ 

### All 4W 3,() 

### Reserved

·-**~98~ ~987**  

### All Gl;Q 0,0 

### Reserved


## 1975 198Q All 

### 4300 

### 7.0**Rese~d**



# --

..............**~** 

### All**~** 

### a,g Reserved



## 21

## (5)(f) Instructions indicating that 

## the report, together with the vehicle, shall be brought to any inspection station or other authorized inspection facility to receive an inspection as required under s. Trans 131.14 (2), ifrequired.


## SECTION 52. Trans 131.16(2}(b}, (c) and 

## (3) are amended to read:

Trans 131.16(2)(b) Application of emission control theory and diagnostic data to
the diagnosis and repair of vehicles failing tile traRsieAt emissieR test, OBD inspection

aREliAe**e·;aperali~·e** 

## system fi.!RstieFJal sllesks. (c) Utilization of diagnostic information on systematic or repeated failures

observed in l:letll 

## tile lraFJsieFJI emissieFJ 

## lest, OBD inspection aFJEl the e\•aperati•;e system fuAslieAal sllesks. 

## (3) EQUIPMENT. Both private and public facilities offering WISETECH designated automotive emission repair training courses shall have available, and**mainU;~in** 

## in good working condition, tools and equipment necessary for the proper diagnosis, adjustment and repair 

## ofall nonexempt vehicles. All equipment utilized in the training courses shall be salil:lrateEI aAEI maintained according 

# to the manufacturer's specifications. 

## (END OF RULE TEXT)
Effective Date. This rule shall take effect 

# on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.227.22(2)(intro.), Slats. Signed at Madison, Wisconsin,

# this~ --raay of 

## May, 2008.

FRANK

## J. SALACCHI Secretary Wisconsin Department ofTransportation

22

## CERTIFICATE

STATE OF WISCONSIN ) ) ss. DEPARTMENT OF TRANSPORTATION )

TO ALL WHOM THESE PRESENTS SHALL COME. GREETINGS:

I, FRANK 

## J. BUSALACCHI, Secretary of the Wisconsin Department of Transportation and custodian of the official records, do hereby certify that the rule, relating to vehicle emission inspection program, was duly approved and adopted by this Department on May.;?"'IIL; 

## 2008.

I further certify that this copy has been compared by me with the original on file in this Department and that the same is a true copy thereof, and of the whole of such original.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal ofthe Department of Transportation at 4802 Sheboygan**Aven~d~y**

## the City of Madison, Wisconsin, 

## this

# 2::: ofMay, 2008.

## PART4 

## CR 07-114

ANALYSIS OF FINAL DRAFT OF TRANS 131

(a) Basis and Purpose of Rule. 

## This rule amendment conforms ch. Trans 131 to statutory changes in the vehicle inspection and maintenance program, enacted in 2007 Wis. Act 20. The Department is required to provide an emissions inspections program of nonexempt vehicles customarily kept in a number 

## of counties in Wisconsin. WisDOT is required to promulgate rules specifying proceduresfor inspection 

## ofvehicles, including the method of measuring emissions and the types of equipment that may be used in such measurement. The procedures and methods used must be capable of being correlated with procedures established underfederal law. (b) Modifications as a Result of Testimony at Public Hearing. 

## The public hearing was held in Madison on February 4, 2008. No modifications were made as a result oftestimony atthe hearing.

. (c) List of Persons who Appeared or Registered at Public Hearing. 

## The following persons appeared/registered at the hearing:
Ron Kuehn, Attorney, Envirotest Systems, Inc., Madison, WI

- spoke for information.
Joan Loden, State Manager, CVR, Cerritos, CA- registered for information.
Muhammed 

# R. Islam, Emissions Control Engineer, Department of Natural Resources, Madison, WI- registered for information.
Charles C. Rhodes, WisDOT liM Supervisor, Milwaukee, WI

- registered for information.
(d) Summary of Public Comments and Agencv Response to those Comments: 

## A summary of public comments and the Department's response to those comments is asfollows:
Ron Kuehn, Attorney, Envirotest Systems, Inc., Madison, WI

- Mr. Kuehn registered concern regarding the draft rule provisions that accommodate the use of one or more subcontractors to perform emissions inspections. 

## He read aloud a question that Envirotest had submitted in response 

# to the Department's request for proposals (RFP) for a new emissions inSpection contract: "Will the contractor be in legal comp.liance if it uses PIFs [private inspection facilities], as Section 5.4.10 [of the RFP] appears to violate Section 110.20(8)(am), Slats. (which prohibits emissions testing contractors from being engaged in the business of selling, maintaining or repairing motor vehicles or selling motor vehicle replacement repair parts)?" Mr. Kuehn also read the Department's official response to this question as part of the RFP process: "Yes. The cited language in s.



# 28

## 110.20(8)(am), Slats., refers only to officers, directors, and employees (not subcontractors) ofthe Contractor."
Mr. Kuehn expressed Envirotesfs concern that

-- should it elect to submit an RFP proposal including the use of PIFs and subsequently be awarded the contract

-- the award would be challenged legally on the grounds thatthe contract violates provisions of Section 110.20{8){am), Slats. He argued that the contractor-subcontractor relationship, taken to an extreme wherein subcontractors perform most or all emissions inspections, could be reasonably interpreted to be a joint venture. At this point, he continued, any subcontractors could 

## be subject to the statutory prohibition. Agency Response: The final rule draft implements and conforms to statutory requirements, as required. Mr. Kuehn's concern refers to the RFP, which falls outside the scope ofthe final draft rule. (With regard to the RFP, however, the Department's response to the Envirotest question quoted above remains unchanged. Further, the Department notes that the RFP contains specific provisions that would not permit the scenario Mr. Kuehn described in his

## testimony.)

The written comment period was extended to February 11, 2008. Written comments were received from:
Tom Walker, Director of Government Affairs, Wisconsin Transportation Builders Association, Madison, WI. Mr. Walkers comments express WTBA's beliefthat 2007 Wis. Act 20 intended to provide alternatives to centraHzed emissions inspections (i.e., an inspection network in which a single entity conducts or oversees all emissions inspections), and that the final draft rule

- by referring to a contractor -fails to meet that intent. He suggests that the draft rule creates a "de facto monopoly'' because the incumbent contractor has an inherent advantage over other RFP proposers - it already owns a network ofcentralized inspection facilities.
Mr. Walker's comments note that 2007 Wis. Act 20 required the Department to consider the use of remote testing and testing by certified motor vehicle dealers.

·Additionally, he cites WTBA's beliefthat a decentralized network of certified motor vehicle

dealers would provide more convenient, less expensive inspection services without compromising the integrity ofthe Wisconsin vehicle emissions inspection program. Mr. Walker's comments ask that the rule 

## state more explicitly what actions the Department and its "own contractors• will take, and clarify the role ofthe contractor in subcontracting self-service testing. Finally, Mr. Walker's comments ask thatthe Department:

• Submit its required study of

## future options to the Legislature as soon as possible; • Extend the existing inspection services contract until ttie rule is approved; and



# 29

## • Include any program charges in the Department's 2009 biennial budget recommendations. 

## Agency Response: The proposed rule implements the statutory requirements as they are written. Furthermore, the Department believes that the rule is 

## very clear in its intentthat a single contractorwill be responsible for day-to-day program operations.
The proposed rule reflects a thorough Department assessment of other state emissions inspection program network structures- centralized, decentralized, and hybrid; remote testing methods; and feasible network alternatives for Wisconsin, given the Department's program staffing level, the program's history of customer service, and the acceptability ofdifferent inspection methods and motorist payment options.
With regard to program structure, the Department found no evidence that decentralized programs cost less than centralized programs. To the contrary, we found that decentralized programs usually cost more - and often considerably more. This is because inspection fees are market-driven in decentralized programs. This cost structure is necessary to induce widespread industry participation in the program. Among current decentralized OBDII-only programs in the U.S., motorists may expect to pay as much as $64 per inspection. Regarding remote testing methods- including self-service kiosk-based inspection

- the Department found no states in which these alternatives, independently or in conj!Jnction, are used to conduct a signifiCant fraction 

## offleet-wide inspections. Several states (including Wisconsin through its current RFP} are pursuing wider use ofone or both alternatives, but transponder-based remote testing methods continue to face technical and cost barriers outside 

## ofcommercial and municipal fleet applications. Likewise, no state

- nor any vendor

- has sufficient experience with self-service kiosks to demonstrate that these devices can serve a majority of motorists effectively. Instead, the prevailing opinion in the industry today is that kiosks offer a "supplemental" inspection method to shave demand from full-service inspection facilities. Regarding program structure, the Department concluded that the use of a decentralized program would present numerous significant implementation issues in Wisconsin. One, as noted above, is the cost structure for decentralized testing. Given Wisconsin's program history, the Department would anticipate a significant public acceptance problem in changing to a "motorist pays• inspection system.
A second implementation problem with adecentralized program would be the level 

## of state auditing required. The presumed benefit of decentralized programs is motorist convenience, but surpassing the convenience ofacentralized or hybrid inspection network would require a large number of decentralized inspection facilities. Meanwhile, decentralized networks have higher incidence of inspector fraud than centralized networks. Thus, the convenience benefit ofsuch a program could be recognized onlywith an increase in Department audit staffsize that presently is infeasible.

30

## A third significant implementation problem would 

## be the provisions of Section 110.20(8)(am), Stats., prohibiting emissions testing contractors from being engaged in the business of selling, maintaining or repairing motor vehicles or selling motor vehicle replacement repair parts.
WTBA's comments refer in part to the inspection program RFP and in part to the Department's biennial budget, both of which fall outside the scope of this proposed rule. (With regard to the RFP, however, the Department notes that cost is secondaryto vendor qualifications and technical proposal in terms of proposal scoring.)
In response to Mr. Walker's explicit requests:

• The Department will submit 

## its study offuture options to the Legislature before the required May 1, 2008 dead6ne.

• The Department already is in the process of extending its existing contract for one year, with aseries of Department-controlled three-month extension options.

• The Division of MotorVehicles, as amatterofpractice, advances vehicle emissions inspection program recommendations to the Department's executive office as part of its biennial budgetdevelopment. These recommendations stem from changes in federal program requirements, technological developments, assessments of program efficiency, and new or modified policy objectives. (e) Explanation of any Changes Made to the Plain Language Analysis or Fiscal Estimate: The plain language analysis is changed to eliminate the wording implying that more than a single contractor might operate emission testing. The rule, and the Department's intention, is that service delivery may be provided by the contractor through subcontracted testing services; however, there will always be a single contractor, not multiple contractors. (f) 

## Response 

# to Legislative Council Recommendations.
2. Rule language has been amended to establish in a definition the attributes of acceptable electronic reporting, eliminating repeated statements to that effect.
4. Adopted.
5.a. The deadline for submission ofcomments in the rule analysis states the public record will be held open until close of business the day ofthe hearing. The reference to the year2007 should have been stricken.
5.b. Wording is added 

# to clarify that the Department's decision is final only with respectto Departmentdecision, and does noteliminate general appeal rights.
5.c. Adopted.



# 31

## (g) Final Regulatory Flexibility Analvsis. Section 285.30, Stats., as amended by 2007 Wis. Act20, eliminates the testing requirement for vehicles model year before 1996. To the extent that small businesses own older vehicles, the law eliminates the need for those vehicles to be tested. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up 

## to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement ofemission testing through vehicle registration denial.

32

### July 31,2010 WISCONSINADMINISTRATIVE REGISTER NO. 655 Page 35



### • Adds examples where needed for clarification purposes.
• Updates certain departmentprocedures to follow. such as the various methods to registerto collect Wisconsin sales
or use tax and how to inactivate a seller's

### permit 

### Comparison withfederal regulation!l·

There is no existing orproposed federal regulation that is intended to address the activities to be regulated by the rule 

### order. 

### C

ompari§on 

### with rules in adjacentstates Minnesota, Michigan, andIowa:



### Minnesota, Michigan, and Jowa administer their sales and
usc tax laws in a manner consistent 

### with Wisconsin. These states do this through a combination ofstatutory provisions and administrative rules. Illinois: 

### Illinois does not administer its sales and use tax laws in a manner substantively consistent with Wisconsin. 

### Summary of factualdata andanalyticalmethodologies 2009 Wisconsin Acts 2, 28, 204, aod 330 adopted statutory changes to Wisconsin's sales and usc tax statutes. The department has created this proposed rule order to reflect these changes in Wisconsin's sales and use tax 

### laws. Analysi.fi andsuppottingdocuments usedto determine effect
onsmallbusiness



### As explained above, this proposed rule order is created to reflectchanges in Wisconsin's sales and use tax laws. As the rule itselfdoes not impose any significant financial or other compliance burden, the department has determined that it docs nothave a significanteffect on small business.
Small BusinessImpact

This proposed rule order does not have a significant economiC""impact on a substantial numberofsmall businesses. 

### Fiscal Estimate The proposed rule updates Chapter Tax 1 I of the Administrative Code, pertaining to the sales and usc tax, to reflect certain sales tax changes adopted during the 2009 Legislative session. Specifically, the proposed rule updates Chapter Tax I I to confonn, or more clearly confonn, this chapter of the administrative code to sales tax provisions contained in the following 2009 Acts:

• Act 2

- 2008-09 Budget Adjustrnent Legislation

• Act 28- 2009-1I BudgetBill

• Act 204- Food Sold by Child Welfare Facilities

• Act 330

- Streamlined Sales and Use Tax Agreement Changes The proposed rule modifies Chapter Tax I I to reflect law changes, improve clarity, and add examples to illustrate the tax treatment ofcertain items. The proposed rule includes:

• Updates and clarifications to reflect amendments to the Streamlined Sales and Use Tax Agreement.

• Act 204's sales tax exemption for food, except 

### softdrinks, sold by any child welfare facility licensed or certified under Chapter48.

• Examples ofitems not directly used in manufacturing (to facilitate the administration ofAct28's modifications to the definition ofmanufacturing). • Clarifications to earlier changes pertaining to Act 2 and Act 28. The fiscal effects ofthese rule changeswere included in the fiscal estimates of 2009 Acts 2, 28, 204 and 330. Consequently, these rule changes have no fiscal effect. Anticipated**cost~·** 

### incurredbyprivatesector 

### This proposed rule orderdoes not have a significant fiscal effect on the private se'-'1or. 

### Agency ContactPenon Dale Kleven, Dept. ofRevenue Mail Stop 6-40 2135 Rimrock Road PO Box 8933 Madison WI 53708-8933 Phone: (608) 266-8253 Email: dale.klevcn@revenue.wi.gov


## Notice ofHearing

Transportation CR 16-088 NOTICE IS HEREBYGIVEN thatpursuant 

### to ss. I 1 0.06, 110.20 (9) and 227.11 (2), Stats., the Department of Transportation will hold a public hearing to consider the amendmentofChapter Trans 131, 

### Wis. Adm. Code, relating to the vehicle emission inspection process. 

### Hearing Information

The hearing will be held: Date: August 12,2010 Time: I1:00AM Location: Hill Fanns State Tmnsportation Bldg. Room 254 4802 Sheboygan Avenue Madison, WI This hearing is held in an accessible facility. Ifyou have special needs or circumstances that may make communication oraccessibility difficult atthe hearing,please call Carson Frazier at (608) 266-7857 with specific infonnation on yourrequest at least I0 days betbre the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format 

### will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate yourneeds. Copies ofProposed Rule A copy ofthe rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. 

### 0. Box 791 I, Madison, WI 53707-79II. You may alsocontactMs. Frazierbyphone at (608) 266-7857 or via e-mail: carson.frazier@dot.statc. 

## ID...us to obtain copies ofthcproposed rule, Copies will also be available at the hearing. Submittal ofWritten Comments

Thepublic record on this proposed rule making will be held open until close ofbusiness the day ofthe hearing to pennit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments**~hould** 

### be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services. Room 253, P. 0. Box 791 I, Madison, WI

### Page 36 WISCONSIN ADMINISTRATIVE REGISTER NO. 655 July 31,2010

53707-7911. You may also contact Ms. Frazierbyphone at (608) 266-7857 or via e-mail: carson.frazier@dot,state,
WI.US. 

### To view the proposed amendments to the rule, view the 

### current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/researchilaw/rulenoti ces.htm. Analysis Prepared by 

### the Department ofTransportation Statutes interpreted Section II0.20, Stats. 

### Statutory authority Sections 110.06, 110.20 (9) and 227.11 (2), Stats. Explanation of agencyauthority Section 110.20, Stats., requires the Wisconsin Department 

### of Transportation to administer a motor vehicle emission inspection and maintenance program 

### to verify that 

### vehicles 

### customarily kept in a •non-attainment' county meet motor vehicle emission standards. Most private automobiles are subject to the emission limits, although certain newer and older vehic'les are exempt. A non-attainmentcounty is one that has air pollution that exceeds the federal Clean Air Act standards. Section II0.20 (13), Stats., requires the Departmentto waive compliance with emission standards 

### if the vehicle owner proves that despite attempted repairs the vehicle cannot meet the standards and that the actual co;ts of repairs exceeded the repaircost Hmit. In general, a vehicle is tested every two years. The waiver is valid for 2 years, after 

### which additional repairs may be required as a condition of registration. Current law ats. 110.20 (9) (b), Stats., requires the Department to promulgate rules prescribing a procedure 

### for detennining whether the cost of necessary repairs and adjusnnents exceeds the limit under sub. (13). The Department ofNatural Resources detennines the repair cost 

### limits in an 

### amountrequired by 

### the fedcra.l Clean Air 

### Act Relatedstatute orrule Sections 110.20, 285.30, Stats., and cbs. NR485 andTrans 131. Plain language analysis Current law requires vehiclesregistered in counties that do 

### not meet federal CleanAirAct standards to he

### tested to ensure they meet poUutant emission limitations. In general, vehicles that are required to be tested and emittoo many airpollutants 

### cannot be registered. Chapter Trans 131 governs the vehicle emission inspection process. If a vehicle does not meet emission standards after repairs

- up to the maximum cost required under law-thevehicle owner may request from the Department of Transportation a waiver ofcompliance that allows the polluting vehicle to 

### be registered andused. When
an ownerrequests a waiverto register a polluting vehicle, the vehicle must be inspected for evidence of tampering or disrepair. Section Trans 131.05 establishes the items that must be inspected, and their condition, that may show evidence of tampering. If tampering is evident, the Department may not issue a waiver of compliance from emission test standards. Trans 131.05(1lUJ requires that to pass an anti-tampering inspection a Malfunction Indicator Light (MIL) must be operational and non-aCtive (that is, not lit). It

### is expectedthat
an adequate vehiclerepair will cause the MIL to tum 

### off, since the underlying condition triggering illumination 

### ofthe MIL is corrected. Inprioryears, the Department inspected vehicles by direct tailpipe emission sampling, regardless ofthe MIL status. However, the Department now administers only the OBD II test, which reads engine performance and pollutant output through the vehicle's on-board diagnostic computer with no direct sampling oftailpipe emissions. The rule that prohibits issuing a repair cost waiver whenever a MIL is illuminated effectively prevents issuing a cost waiver to all tested vehicles, regardless ofthe amount spent on repairs. This is because a vehicle that cannot be 

### repaired to meet pollutant emission standards under the repair-cost limit is polluting, and a properly functioning MIL should be il1uminated to indicate those emissions. This creates a circularity problem: only a polluting vehicle will need a waiver from compliance, but ifthe vehicle's computerknows it is pol1uting andthe MIL is lit, the waiver cannot be issued. This proposed rule making amends s. Trans 131.05 (I) 

### (j) to allow a ''cost waiver" (a waiver of emission inspection based onthe vehicle owner having spent an amount ofmoney for repairs exceeding cost thresholds established in NR 485.045 andthe vehicle still failing emission inspection) even ifa vehicle's MIL is unable to be turned off.

This rule making makes two otherclarifications to therule. First, ch. Trans 131 refers to the vehicle emission inspection also as an "emission test." The proposed rule changes reference to "inspection,'' andreserves the term "test" to 

### refer to the vehicle's internal computercheck ofdiagnoStic codes. In 

### addition, the term ''test" continues in the reference to the '·remote sensingtest" method ofassessingvehicle emissions. Second, the proposed rule expands reference to the functions of the Technical Assistance Center to clarify that those functions may be perfonncd 

### by an inspector that the Department designates who may issue waivers of compliance. This is because program operations in the future may not simply rely on a physical location called a Technical Assistance Centerfor these functions to be carried out. 

### Comparison withfederal regulatlons

Wisconsin's vehicle emtsswn inspection program complies withU.S. Environmental Protection Agency (EPA) law and regulation. Wisconsin Department of Natural Resources (DNR) manages program compliance with EPA rules and laws through the Wisconsin State Implementation Plan. DNR administrative rule establishes the repair cost limit 

### in accordsnce with EPA guidance for adjustingthe repair cost limit. 

### Comparison with rules in adjacent.date.'l Michigan: Michigan does not have a vehicle emission inspection and maintenance program at this time. Minnesota:



### Minnesota does not have a vehicle emission inspection and maintenanceprogram at this time. 

### Illinois: Illinois performs the OBD II inspection. 111inois allows a vehicle owner to receive a ''cost waiver" if. after certain expenditure, the vehicle still is non-compliant. lllinois allows a cost waiver even ifthe MIL cannot be

### turned off. Iowa: 

### Iowa does not have a vehicle emission inspection and maintenanceprogram at this time.

### July 31,2010 WISCONSIN ADMINISTRATIVE REGISTER NO. 655 Page 37

Summaryof factual data andanalyticalmethodologies 

### Trans 131.05 (I) 

### U) requires that to pass an anti-tampering inspection a Malfunction Indicator Light (MIL) must be 

### operational and non-active (that is, not lit). 

### Itis expectedthat
an adequate vehicle repair

### will cause the MIL to turn 

### off, since the underlying condition is corrected. In prior years, the Department also provided an alternative test allowing a 

### vehicle to be inspected regardless of the MIL status. However, now that the Department administers only the OBD II test, the Department's Office of General Counsel has determined that Trans 131.05 (I) 

### G) is contrary to the availability ofrepair cost waivers required in s. II0.20 (13), 

### Stats., sincethe rule prevents issuing a costwaiverto all tested 

### vehicles, regardless ofthe amount spent on repairs. The proposed rule clarifies thatthe functions performed by 

### the Technical Assistance Center need not be performed simply in a particular physical location, so that program 

### operation may have flexibility in performingthose functions. The proposed rule also makes some changes in language for consistency ofreference to the vehicle emission inspection without making any substantive change. Analysis imds11pporting documentation usedto determine effecton :smallbusinesses 

### The proposed amendment codifies the Department's policy and practice to issue a cost waiver even ifthe 

### MTL is unable to be turned off. Since the Department is following this policy currently, the proposed amendment will not affect small business. If, however, the Department's currentpolicy
were not in effect,this proposed rule would have the effect of potentially reducing cost for small business, as well as any other vehicle owner, since without this proposed rule, no cost waiver would be possible. Theproposed rule clarifies thatthe function perfonned by the Technical Assistance Center need not be performed in a particular physical location. This clarification has no effect
on small business orany other vehicle owner. The functions will continue to be carried out. Finally, language changes to refer to the vehicle emission inspection consistently throughout the rule have no substantive effect on small business or any other vehicle owner. Small Business Impact

The proposed rule 

### will have no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling.(414) 438-4585. 

### Fiscal Estimate The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes orbands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities. Agency Contact Person Carson Frazier. Dept. ofTransportation Bureau ofVehicle Services, Room 253 P. 

### 0. Box 7911, Madison, WI 53707-7911 Phone: (608) 266-7857 Email: carson.frazier@dot.state.wi.us 

## Notice ofHearing Workforce Development Public Works**Con..~truction** 

### Contract8, Chs. DWD290-294 

### CR 10-092 NOTICE IS HEREBY GIVEN that pursuant to sections 103.005 (I) and 227.11 (2), Stats., the Department of Workforce Developmentproposes to hold a public hearing to 

### consider the amendment of rules relating to the state prevailing wage program and affecting small businesses. HearingInformation

Date: August II, 2010 Time: 10:00 AM Location: MADISON G.E.F. I Building, Room F 305 20I EastWashington Avenue Visitors to the GEF I building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the comerofWebster Streetand East Washington Avenue. Ifyou have special needs orcircumstancesregarding communication or accessibility at the hearing, please call (608) 266-9427 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators. or materials in audiotape format will j;)e made available on request to the fullest extent possible. Submittal ofWritten Comments Interestedpersons are invited to appearat the hearing and will 

### be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Comments may be submittedto Howard Bernstein, Office ofLegal Counsel, Dept. ofWorkforce Development, P.O. Box 7946, Madison, WI 53707-7946 or Howard.BemsteincW. dwd.wisconsin gov. The deadline for submission is August 13, 2010. Copies ofProposed Rule The proposed rules are available at the website htt.p·//adminrules wisconsin fjOV. 

### This site allows you to 

### view documents associated with this rule's promulgation. register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public commentperiod. You may receive a papercopyofthe ruleby contacting HowardBernstein at the addresses given above or by telephone at (608) 266-9427. Analysis Prepared by the DepartmentofWorkforce Development Statutoryauthority 

### Sections I03.005(1) and 227.11(2), Stats. Statutes interpreted 

### Sections 66.0903,66.0904 and 103.49, Wis. Stats. Explanation of agencyauthority 

### The state prevailing wage Jaws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition ofapublic works project, it must obtain a prevailing wage rate

## PROPOSED ORDER OF THE STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION ADOPTING RULES**--------------------~** 

## The Wisconsin Department of Transportation proposes an order to amend TRANS 131.01(2), 131.02(1m), (6), (10), (34m), (50m), (54) and (56m), 131.03{title), (4), {6)(title), {a)1., 2. and 4., (d)2., 3., 5. and 8., (10){a)3., (d)2., (11)(title), (n) and (o), (15)(a)1., 2., 12., 23., 24. and 29., 131.04{2)(b) and {c), 131.05{1), {1)0) and {3), 131.06(2){b), 131.07(1)(b),**131.11(1)~ntro.),** 

## (a) and (e), 131.12(3), 131.13(1)(a)4. and 6., and (6)(b) and (c), 131.14(3)(title), (5)(a), (b) and (e), and 131.15(1), relating to the vehicle emission inspection process

NOTICE IS HEREBY GIVEN that pursuant toss. 110.06, 110.20(9) and 227.11(2), Slats., interpreting s. 110.20, 

## Slats., the Department of Transportation will hold a public hearing on the 

## 12th day of

## August, 2010, at the Hill Farms State Transportation Building,


## Room 254, 4802 Sheboygan Avenue, Madison, WI, at 

## 11:00 AM, 

# to consider the

amendment of ch. Trans 131, Wisconsin Administrative Code, relating to the vehicle

emission inspection process.
This hearing is held in an accessible facility. If you have special needs or
circumstances that may make communication or accessibility difficuH at the hearing, please call Carson Frazier at (608) 266-7857 with specific information on your request at
least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in aHernative format will, to the fullest extent possible, be made available upon a request from a person with a disability to
accommodate your needs.

· A copy of ·the rule may 

## be obtained upon request from Carson Frazier, Department 

## of Transportation, Bureau of Vehicle Services, Room 253, P. 

## 0. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857

or via e-mail: carson.frazier@dot.state.wi.us to obtain copies of the proposed rule. Copies will also be available at the hearing.

## ORDER OF THE STATE OFWISCONSIN DEPARTMENT OF TRANSPORTATION ADOPTING RULES

The Wisconsin Department of Transportation adopts an order amending TRANS 131.01(2}, 131.02(1m), (6}, (10), (34m}, (50m), (54} and (56m), 131.03(title), (4), (6)(title}, (a}1., 2. and 4., (d)2., 3., 5. and 8., (10)(a)3., (d}2., (11}(title}, (n) and (o), (15}(a}1., 2., 12., 23., 24. and 29., 131.04(2}(b) and (c), 131.05(1}, (1}0) and (3}, 131.06(2}(b}, 131.07(1}(b}, 131.11(1}(intro.}, (a) and (e), 131.12(3}, 131.13(1)(a}4. and 6., and (6)(b) and (c), 131.14(3)(title), (5)(a), (b) and (e), and 131.15(1), relating to the vehicle emission inspection process**~~~~.~.~--·-·-·---·--·---------------** 

## Analysis Prepared bytheWisconsin DepartmentofTransportation
Statutes interpreted: s. 110.20, Slats. Statutory authority: ss. 110.06, 110.20(9) and 227.11(2), Slats. Explanation of agency authority: Section 110.20, Slats., requires the Wisconsin Department of Transportation to administer a motor vehicle emission inspection and maintenance program 

# to verify that vehicles customarily kept in a 'non-attainmenf county meet motor vehicle emission standards. Most private automobiles are subject to the emission limits, aHhough certain newer and older vehicles are exempt. A non-attainment county is one that has air pollution that exceeds the federal Clean Air Act standards. Section 110.20(13}, Stats., requires the Department to waive compliance with emission standards if the vehicle owner proves that despite attempted repairs the vehicle cannot meet the standards and that the actual costs 

## of repairs exceeded the repair cost limit. In general, a vehicle is tested every 

# two years. The waiver is valid for 2 years, after which additional repairs may be required as a condition of registration. Current law at s. 110.20(9}(b), Stats., requires the Department 

# to promulgate rules prescribing a procedure for determining whetherthe 

## cost ofnecessary repairs and adjustments exceeds the limit under sub. (13). The Department

## of Natural Resources determines the repair 90st limits in an amount required bythe federal Clean AirAct.

Related statute or rule: Sections 110.20, 285.30, Slats., and chs. NR 485 and Trans 131.
Plain language analysis: Current law requires vehicles registered in counties that do not meet federal Clean Air Act standards to be tested to ensure they meet pollutant emission limitations. In general, vehicles that are required to 

## be tested and emit too many air pollutants cannot be registered. Chapter Trans 131 governs the vehicle emission inspection process. If a vehicle does not meet emission standards after repairs--up to the maximum cost required under law--the vehicle owner may request from the Department 

## ofTransportation a waiver of compliance that allows the polluting vehicle 

# to

1

## be registered and used. When an owner requests a waiver to register a polluting vehicle, the vehicle must be inspected for evidence of tampering or disrepair. Section Trans 131.05 establishes the items that must be inspected, and their condition, that may show evidence of tampering. If tampering is evident, the Department may not issue a waiver ofcompliance from emission test standards.
Trans 131.05(1)0) 

## requires that to pass an anti-tampering inspection a Malfunction Indicator Light (MIL) must be operational and non-active (that is, not lit). It is expected that an adequate vehicle repair will cause the MIL to turn off, since the underlying condition triggering illumination 

## of the MIL is corrected. In prior years, the Department inspected vehicles by direct tailpipe emission sampling, regardless ofthe MIL status. However, the Department now administers only the OBD II test, which reads engine performance and pollutant output through the vehicle's on-board diagnostic computerwith no direct sampling oftailpipe emissions. The rule that prohibits issuing a repair cost waiver whenever a MIL is illuminated effectively prevents issuing a cost waiver to all tested vehicles, regardless 

## of the amount spent on repairs. This is because a vehicle that cannot be repaired to meet pollutant emission standards under the repair-cost limit is polluting, and a properly functioning MIL should be illuminated to indicate those emissions. This creates a circularity problem: only a polluting vehicle will need a waiver from compliance, but if the vehicle's computer knows it is polluting and the MIL is lit, 

## the waiver cannot 

## be issued.
This rule making amends s. Trans 131.05(1)0) to allow a "cost waiver'' (a waiver of emission inspection based on the vehicle owner having spent an amount of money for repairs exceeding cost thresholds established in NR 485.045 and the vehicle still failing emission inspection) even if

## avehicle's MIL is unable to be turned off.
This rule making makes two other clarifications to the rule. First, ch. Trans 131 refers 

# to the vehicle emission inspection also as an "emission test." The rule changes reference 

# to "inspection," and reserves the term "test" to refer to the vehicle's internal computer check of diagnostic codes. In addition, the term "test" continues in the reference to the "remote sensing test" method 

## of assessing vehicle emissions. Second, the rule expands reference to the functions 

## of the Technical Assistance Centerto clarify that those functions may be performed by an inspector that the Department designates who may issue waivers 

## of compliance. This is because program operations in the future may not simply rely on a physical location called a Technical Assistance Center for these functions to be carried out. Summary of, and preliminary comparison with, existing or proposed federal regulation: Wisconsin's vehicle emission inspection program complies with U.S. Environmental Protection Agency (EPA) law and regulation. Wisconsin Department of Natural Resources (DNR) manages program compliance with EPA rules and laws through the Wisconsin State Implementation Plan. DNR administrative rule establishes the repair cost limit in accordance with EPAguidanceforadjusting the repaircost limit.

2

## Comparison with Rules inthe Following States: Michigan: Michigan does not have avehicle emission inspection and maintenance program at this time.
Minnesota: Minnesota does not have a vehicle emission inspection and maintenance program at this time.
Illinois: Illinois performs the OBD II inspection. Illinois allows a vehicle owner 

# to receive a "cost waiver" if, after certain expenditure, 

## the vehicle still is non-compliant. Illinois allows a costwaiver even ifthe MIL cannot be turned off.
Iowa: Iowa does not have avehicle emission inspection and maintenance program at this time. Summary of factual data and analytical methodologies used and how the related findings supportthe regulatory approach chosen: Trans 131.05(1)0) requires that to pass an anti-tampering inspection a Malfunction Indicator Light (MIL) must be operational and non-active (that is, not lit). It is expected that an adequate vehicle repair will cause the MIL to turn off, since the underlying condition is corrected. In prior years, the Department also provided an alternative test allowing a vehicle to be inspected regardless ofthe MIL status. However, nowthat the Department administers only the OBD II test, the Department's 

## OffiCe of General Counsel has determined that Trans 131.05(1)0) is contrary to the availability of repair cost waivers required in s. 110.20(13), Slats., since the rule prevents issuing a cost waiver to all tested vehicles, regardless ofthe amount spent on repairs.
The rule clarifies that the functions performed by the Technical Assistance Center need not be performed simply in a particular physical location, so that program operation may have flexibility in performing those functions. The rule also makes some changes in language for consistency of reference to the vehicle emission inspection without making any substantive change. Analysis and supporting documentation used to determine effect on small businesses: The amendment codifies the Department's policy and practice to issue a cost waiver even if

## the MIL is 

## unable to be turned off. Since the Department is following this policy currently, the amendment will not affect small business. If, however, the Department's current policy were not in effect, this rule would have the effect of potentially reducing cost for small business, as well as any other vehicle owner, since without this rule, no costwaiverwould be possible.
The rule clarifies that the function performed by the Technical Assistance Center need not be performed in a particular physical location. This clarification has no effect on small business orany othervehicle owner. The functions will continue to be carried out.

3

## Finally, language changes to refer to the vehicle emission inspection consistently throughout the rule have no substantive effect on small business or any other vehicle owner.Effect on small business: The rule will have no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at**ralp~.sanders@dot.state.wi.us,** 

## or by calling (414) 438-4585.
Fiscal effect: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, orfederally-recognized tribes or bands. Anticipated costs incurred by private sector: The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities. Agency contact person and copies of rule: Copies of the rule can be obtained, without

# cost. bywriting to Carson Frazier, DepartmentofTransportation, Bureau ofVehicle Services, Room 253, P. 

## 0. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail: carson.frazier@dot.state.wi.us, or at the Department of Administration's Administrative Rule website: https://health.wisconsin.gov/admrules/public/Search.



## TEXT OF RULE

SECTION 

## 1. Trans 131.01(2} is amended to read:
Trans 131.01(2) APPLICABILITY. This chapter applies to all nonexempt vehicles customarily kept in those counties certified by the department of natural resources under s. 110.20 (5) (a), Slats. It also applies to all nonexempt vehicles customarily kept
in any county whose board of supervisors has adopted a resolution under s. 110.20 (5) (b), Slats., requesting the department establish an inspection and maintenance
program, and applies to any nonexempt vehicle which a person presents for a voluntary inspection at an inspection station pursuant to s. 110.20 (7), Slats., and s. Trans
131.07. For purposes of determining where avehicle is customarily kept, the county of
domicile as indicated by the vehicle owner and contained in the departmenfs title data
base shall be used. In the absence of an indicated county of domicile, the owner or



## 4

## lessee's post office address shall be used to determine county of domicile. The department may determine whether the vehicle domicile location is consistent with the

owner or lessee's post office address or with other information that indicates the customary location of the vehicle. The department may change a vehicle domicile

location in department title records to make 

# it consistent with the results of its determination, and may require the vehicle to undergo emission testing inspection as required in this chapter. If the vehicle owner or lessee disputes the department's determination, the vehicle owner or lessee may present evidence satisfactory to the department of the correct vehicle domicile location. The department decision as to

correct vehicle domicile location shall be the final decision ofthe department.
SECTION 2. Trans 131.02(1m). (6), (10), (34m), (50m). (54) and (56m) are
amended to read:
Trans 131.02(1m) "Authorized inspection facility• means a self-service inspection facility, or a private testing inspection facility, or an inspection station orfacilitv operated by the department. or by a contractor or subcontractor authorized by the department to perform emission testing inspections. (6) "Contractor" means a person with whom the department has a contract that provides for the operation of one or more inspection stations or for the performance of
emission testing inspection at an authorized inspection facility other than an inspection

station or for the performance of a service related to the Wisconsin vehicle emission inspection program. (10) "Emission test 

## inspection" means the OBD II test 

## inspection.



## 5

## (34m) 

## "080 inspection" or "OBD II inspection" means an emissions related 

## test inspection in which the vehicle's on-board computer 

## is accessed to evaluate the status


## ofthe vehicle's emission control system. (SDm) "USEPA technical guidance" means the USEPA publication "Performing
Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," dated June, 2001, which is incorporated herein by reference. Any alternative



## .test inspection procedures or changes in procedural details shall be approved by the

USEPA administrator priorto use. (54) "Vehicle inspection report" means a serially numbered document issued at

an inspection station or authorized jnspection facility or technical assistance center or by an inspector designated bv the deoartment to perform the functions of a technical ' 

## assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically. (56m) "Waiver" means a conditional one-cycle exemption from emission testing inspection that may be granted to avehicle owner or lessee.
SECTION 3. Trans 131.03(title), (4), (6)(title), (a)1., 2; and 4., (d)2., 3., 5. and 8., (10)(a)3., (d)2., (11)(title), (n) and (o), (15)(a)1., 2., 12., 23., 24. and 29. are amended to
read:
Trans 131.03(title) Emission

# teat Inspection and reinspection. (4)(title) SCOPE AND NATURE**OF~** 

## INSPECTION. The vehicle emission



# test inspection shall consist of an OBD II inspection which indicates whether the MIL is
commanded on and, ifso, the DTCs causing the command.

6

## (6)(title) EMISSION TeSTING INSPECTION. (a) 

## General requirements.

1. Vehicles shall be 

## testeG inspected in an as-received condition. Prior to testing inspection, the engine shall be operating at the manufacturer's recommended engine

idle speed without excessive smoke, at normal operating temperature, not overheating,

as indicated by gauge, warning light orboiling radiator, and with all accessories off.

2. The vehicle shall be nearly level when testeEI inspected in order to prevent

abnormal fuel distribution.

4. Vehicles that are designed to operate with more than one ty-pe offuel shall be

testeEI inspected on the fuel in use at the time ofinspection. (d)2. Ifthe vehicle's DLC cannot be located, or is located such that an inspector

cannot reasonably access it during the course of a vehicle inspection, the vehicle shall

receive a waiver equipment inspection as provided ins. Trans 131.05 and, pending the

outcome of this inspection. be referred to a technical assistance center or other facility

or inspector designated by the department to perform the functions of a technical
assistance center for issuance of a technical waiver of compliance as provided in s.
Trans 131.04 (1) (b).

3. The inspector shall connect the 

# test inspection system to the vehicle by connecting the vehicle's DLC to the OBD II 

# test inspection system. 'J:he 

# test inspection system shall determine what readiness monitors are supported by the vehicle's OBD 

# li
system, and perform a readiness evaluation or applicable readiness monitors in
accordance with the USEPA technical guidance. If the readiness evaluation indicates

that any on-board tests are not complete, the vehicle shall be rejected from testing inspection. Vehicles rejected because on-board tests are not complete shall be



## 7

## required to leave the 

## test inspection station, pursue a means of completing on-board
tests, and return for testiR!I inspection.
5. If the 

## test inspection computer system is not able to download the vehicle
OBD II records, the OBD inspection shall be aborted. and the vehicle shall be FetesteEI reinspected with an OBD II 

## test inspection in a separate inspection facility 

## test inspection lane.
8. Ifthe malfunction indicatorstatus indicates that the MIL has been commanded

to be illuminated, the 

## test inspection system shall record all OTCs resulting in MIL
illumination in the vehicle 

## test inspection record. ( 1

O)(a)3. The vehicle is not prohibited from testiRg inspection pursuant to sub. (11). (d)2. Ifthe vehicle does not meet applicable emission 

## test inspection standards,
the owner or lessee may apply for a waiver of compliance from these standards in
accord with s. Trans 131.04. (11)(title) TeSTING INSPECTION PROHIBITED. (n) The vehicle exhibits any condition which is recognized as a safety hazard by
the contractor. or any condition that appears 

# to the contractor as making the vehicle
unsafe for**testi~** 

## inspection. (o) Vehicles shall be rejected from testiR!I inspection 

## if a scan of the vehicle's
OBD II system reveals a "not ready" status for 3 or more readiness monitors on model
year 1996 through model year 2000 vehicles, or for 2 or more readiness monitors on model year 2001 and newervehicles, as provided in 40 CFR 85.2222 (c) (2). (15) (a)1. Test 

## lnsoection serial number.



## 8

## 2. Date ofthe 

# test inspection.

12. The results ofthe any OBD inspection.
23. Inspection station or other authorized inspection facility number, and inspector number if

## the

# test inspection is performed by an inspector.

24. Emission 

# test inspection start time and the time of final emissions result
determination.
29. A statement certifying that the 

# test inspection is performed in accordance
with applicable federal regulations.
SECTION 4. Trans 131.04(2)(b) and (c) are amended to read;
Trans 131.04(2)(b) Technical difficulties in the manufacturer's design or
construction ofthe vehicle or restrictions imposed by the department on the operation of
vehicles registered under s. 341.14 (1m), Stats., prevent emission lestiAg inspection of
the vehicle. (c) After repairs are performed by a recognized automotive emission technician,

a complete, documented, physical and functional diagnosis and inspection performed at
eAe aftf:te 

## ! technical assistance eeAteF& 

## center by the master automotive technician or
at anotherfacility by an inspector designated bv the departmentto perform the functions
of a technical assistance center shows that no additional emission related repairs could produce a passing result.
SECTION 5. Trans 131.05(1), (1)0) and (3) are amended to read:
Trans 131.05 (1) PURPOSE. When avehicle owner or lessee requests a waiver
of compliance from emission 

# test inspection standards, the emission equipment shall be inspected by the waiver investigator. This waiver emission equipment inspection is



## 9

## designed to detect either tampering or disrepair on the vehicle. The waiver emission equipment inspection does not include removal or disassembly of parts except for
removal of the fuel cap. The waiver investigator shall determine both the presence and
proper connection, if originally equipped, ofthe following: (1)0) An operational MIL or other emission service indicator light. regardless of
whetherthe MIL or emission service indicator light is 

## illuminated. (3) CONSEQUENCES. 

## Vehicles failing the waiver emission equipment inspection shall not receive a waiver of compliance or acceptance for voluntary testiRg inspection under s. Trans 131.07 until the failing emission equipment items are either repaired or replaced.
SECTION 6. 

## Trans 131.06(2)(b) is amended to read:
Trans 131.06(2){b) An entry on the department's data records indicating the
vehicle license number, VIN, 

## test lnsoectlon serial number, and the notation "passed" or "waived."
SECTION 

## 7. Trans 131.07(1)(b) is amended to read:
Trans 131.07(1)(b) The vehicle is not prohibited from testiRg inspection under s. Trans 131.03 (11).
SECTION 8. 

## Trans 131.11(1)(intro.), (a) and (e) are amended to read:
Trans 131.11(1) GENERAL. 

## Representatives of the department or its designated agent shall conduct audits of testiR!il inspection equipment, procedures, personnel and
records as follows: (a) All contractor inspection functions, including those occurring at the inspection stations, other authorized testiRg inspe.ction facilities, technical assistance centers Qf



## 10

## other facilitv by an inspector designated by the department to perform the functions of a
technical assistance center. and vehicles used to conduct remote sensing, shall be
audited on an unscheduled basis, at a minimum, according to the frequency established

in the federal rule. (e) If equipment fails to operate within contractually specified tolerance during an
overt or covert audit, the department's quality assurance auditor shall immediately
re-audit the failing equipment. If the equipment fails again, the department's quality

assurance auditor shall require the station manager to close the affected lane or other
authorized inspection facility or emission 

# test inspection operation until such time as the equipment is properly repaired and documentation 

## of corrective actions is available for
review by the department.
SECTION 9. Trans 131.12(3) is amended to read:
Trans 131.12(3)QUALITY CONTROL. All equipment used in the emission testing inspection process shall be maintained according to all manufacturer specifications.

read: SECTION 

## 10. Trans 131.13(1)(a)4. and 6., and (6)(b) and (c) are amended to

Trans 131.13(1)(a)4. 

## +est Inspection procedures and rationale fortheir design.
6. 

## +est Inspection equipment operation and maintenance. (6)(b) The departmenfs quality assurance representative shall investigate the complaint. If the results of that investigation indicate that the inspection may have
occurred incorrectly or that fraud or abuse may have influenced the results of the inspection, the department's quality assurance representative shall arrange for a

11

## reinspection at the technical assistance center or other facility by an inspector designated by the department'to perform the functions of a technical assistance center

at atime convenient to all parties. (c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perform the functions of a technical
assistance center shall supersede the results of the contested station lane or other
authorized inspection facility inspection.
SECTION 11. Trans 131.14(3)(title), (5)(a), (b) and (e) are amended to read:
Trans 131.014(3)(title) SCOPE AND NATURE OF REMOTE SENSING TEST. (S)(a) +est Remote sensing test serial number. (b) Date, location and time ofthe remote sensing test. (e) Emission remote sensing test results and standards for the vehicle.
SECTION 12. Trans 131.15(1) is amended to read:
Trans 131.15(1) GENERAL. The department, through its emission testiR!l inspection contractor, shall both collect emission repair data and inform the public and
automotive repair industry regarding repair efficacy. 

## (END OF RULE TEXT)

Effective 

## Date. This rule shall take effect on the first day ofthe month following publication in the Wisconsin Administrative Register as provided in s. 227.22(2)(intro.), Stats. Signed at Madison, Wisconsin, this \5t!lday of October, 2010.

FRANK

## J. BU LACCHI Secretary Wisconsin Department ofTransportation



## 12

## CERTIFICATE

STATE OF WISCONSIN ) ) ss. DEPARTMENT OF TRANSPORTATION )

TO ALL WHOM THESE PRESENTS SHALL COME, GREETINGS:

I, FRANK 

## J. BUSALACCHI, Secretary of the Wisconsin Department of Transportation and custodian of the official records, do hereby certify that the rule, relating to the vehicle emission Inspection process, was duly approved and adopted by this Department on October lo'i:A; 

## 2010.

I further certify that this copy has been compared by me with the original on file in this Department and that the same is a true copy thereof, and of the whole of such original.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal 

## of the Department ofTransP9rtation at 4802 Sheboygan Avenue, in the City of Madison, Wisconsin, this 

## 1.>'!'dayofOctober, 2010.

# ?~~lfwo.Ltu.~: FRANK 

# J. BU LACCHI Secretary

## PART4 CR 1()..088

ANALYSIS OF FINAL DRAFT OF TRANS 131

(a) Basis and Purpose of Rule. Current Jaw requires vehicles registered in counties that do not meet federal Clean Air Act standards to 

## be tested to ensure they meet pollutant emission limitations. In general, vehicles that are required 

## to be tested and emit too many air pollutants cannot 

## be registered. Chapter Trans 131 governs the vehicle emission inspection process. Ifa vehicle does not meet emission standards after repairs--up to the maximum cost required under law-the vehicle owner may request from the Department of Transportation a waiver of compliance that allows the polluting vehicle to be registered and used. When an owner requests a waiver to register a polluting vehicle, the vehicle must be inspected for evidence of tampering or disrepair. Section Trans 131.05 establishes the items that must be inspected, and their condition, that may show evidence of tampering. Iftampering is evident, the Department may not issue awaiver ofcompliance from emission test standards.
This proposed rule making amends s. Trans 131.05(1)0) to allow a 'cost waiver" even if 

# avehicle's MIL is unable to be turned off. This rule making makes two other clarifications to the rule. First, ch. Trans 131 refers to the vehicle emission inspection also as an "emission test." The proposed rule changes reference to 

## "inspection," and reserves the term "test' to referto the vehicle's internal computer check of diagnostic codes. In addition, the term "test" continues in the reference to the "remote sensing test" method of assessing vehicle emissions. Second, the proposed rule expaf1dS reference to the functions of the Technical Assistance Center to clarify that those functions may 

## be performed by an inspector that the Department designates who may issue waivers of compliance. This is because program operations in the future may not simply rely on a physical location called aTechnical Assistance Center for these functions to be carried out. (b) Modifications as a Resylt ofTestimony at Public Hearing. The pubuc hearing was held in Madison on August 12, 2010. No modifications were made as a result oftestimony at the hearing. (c) ListofPersonswbo Appeared or Registered at Public Hearing. None. (d) Summary of Public Comments and Agency Response to those Comments. No public comments were received. (e) Explanation of any Changes Made to the Plain Language Analvsis or Fiscal Estimate. No changes were made. (f) 

## Response to Legislative Council Recommendations. The Legislative Council report contained no comments. (g) Final Regulatory Flexibi!itv Analysis. The proposed rule will have no effect on small business.



## 17