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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 of Emissions from Motor Vehicles. 

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

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

8. Revisions to Trans 131, Wis. Adm. Code 
Electronic reproduction of2009-IO Wis. Stats. database. current through 2011 Wis. Act 39 and July 25. 2011. 

Updated 09-10 Wis. Stats. Database MOTOR VEHICLES 110.063 

CHAPTER 110 

MOTOR VEHICLES 

110.001 Definitions. 

110.01 Definitions. 

110.015 • Facsimile signature. , 

l I 0.05 Inspection of human service vehicles. 

110.06 Rules; school bus prei>llle inspection; penalties. 

II 0.06J Inspection of motor buses. 

110.064 Motor buses used for pupil transportation. 

110.065 Trallic academy. 

II 0.07 Tratfic officers; powers and duties. 

110.001 Definitions. In this chapter: 

(1) "Department" means department of transportation. 

(1m) "Law enforcement officer" has the meaning given ins. 

967.02 (5). 

(2) "Secretary" means secretary of transportation. 

History: 1977 c. 29: 1993 a. 25_ 

110.01 Definitions. Words and phrases de tined 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 of the department of transJX~rtation. through their 

authorized employees, may execute or affix their signature. by 

facsimile signature with a stamp, reproduction print or other similar process to all licenses, notices, orders, administrdtive letters, 

contracts, permits, offers to purchase, appraisals, certifications of 

records, service of legal papers or process on the administrators. 

and other legal instruments under the statutes which the secretary 

and division administrators are authorized or required 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 of the safety of persons being 

transported to cover the design, construction, equipment. inspection and operation of human service vehicles. 

(2) The owner of the 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. II 0.075, ch. 347 and any rules promulgated under this 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 of school buses. 

Such rules may. but need not, be unifonn for each type of bus designated ins. 340.oJ (56) (a) and (am). 

(3) (a) Any person intending to purchase a motor vehicle to 

be used as a school bus shall prior to purchase give the seller notice 

in writing of the intended use. 

(b) Prior to the use of a motor vehicle as a school bus. the seller 

shall obtain a presale inspection of the vehicle by the department 

verifying compliance with the mles relating to design and constructiQil prescribed by the dJ!partment under sub. (2). A copy 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 of certain persons. 

Ignition interlock device program. 

Motor \'chicle emission inspection and maintenance program. 

Education and troining related to motor vehicle emissions. 

Motor vehicle emission control equipment grant pmgram. 

Rt:paired ~alvage vehicle inspector tmining. 

the presale inspection report shall be provided to the purchaser at 

the time of delivery. 

(c) The seller of any such vehicle who fails to obtain a presale 

inspection prior to delivery shall be liable to the purchaser for all 

repairs and improvements required by the department to bring the 

vehicle into compliance with the rules relating to design and construction prescribed by the department under sub. (2) for a period 

of one year after the delivery. 

(d) Notwithstanding par. (b), the purchaser may agree to obtain 

the presale inspection provided that notice of the agreement is 

included in the otter to purchase and is agreed to 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 of those orders, determinations and rules pertaining to chs. 115 to 118, 120. 121 and 341 to 349 shall be punished as provided by 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 of the safety of persons being transported to cover the design, construction, equipment. inspection 

and operation of motor buses. 

(2) (a) Except as provided in par. (c). the owner of the motor 

bus shall have it inspected annually by the department for compliance with the requirements of s. 110.075 and ch. 34 7 and rules 

promulgated thereunder and any rules promulgated under this 

section. 

(b) The department shall specify by rule a fee for the inspection 

required under this subsection equal to the cost of the 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). 

if all of the 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 of inspection of the motor bus to the department annually for examination. 

3. Review of the record of inspection of the motor bus by the 

department indicates that the motor bus is in compliance with the 

requirements of s. 110.075 and ch. 3.47 and rules promulgated 

thereunder and any rules promulgated under this section. 

(3) Any person who violates this section or rules promulgated 

under this section may be required to 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutoty changes effective on 

or prior to 9-1-11 are printed as If currently in effect. Statutory changes effective after 9-1-11 are designated by NOTES. See 

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110.064 MOTOR VEHICLES 

110.064 Motor buses used for pupil transportation. 

(1) (a) Notwithstandings. 340.01 (56)(b)4 .• no motor bus operated under contract as provided ins. 121.55 (l)(a) or (d) may be 

used for the pwpose of transporting pupils to or from a public or 

private school as provided ins. 340.oi (56)( a) I. and no motor bus 

otherwise operated on a special route for the purpose of transporting pupils to or from a public or private 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 a rule requiring that a motor bus under par. (a) satisfy safety standards providing an equivalent level of safety 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 rear door 

of a motor bus under par. (a) may not be used for the entry or exit 

of pupils, except in an emergency. except that the department may 

not promulgate a rule which is in contlict with tOOerallaw. which 

requires the motor bus to be painted in accordance with s. 347.44 

(I) or which requires the motor bus to be equipped with flashing 

red warning lights as specified ins. 347.25 (2). 

(2) Any person who violates this section or rules promulgated 

under this 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 of state, county and local traftic patrol officers and other related personnel and make rules and 

regulations for the conduct thereof. The secretary shall establish 

and periodically revise a reasonable scale ofruition charges. The 

tuition for personnel other than employees of the department shall 

be paid by their respective departments or governing bodies and 

shall be deposited in the appropriation account under s. 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 of tuition 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 of the traffic officers, the person designated to head them whose position shall be in the classified service 

and, if certified under 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 of the state traffic patrol 

shall: 

I. Enforce and assist in the administration of this 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 and ch. 350 where 

applicable to highways, or orders or rules issued pursuant thereto. 

2. Have the powers of sheriff in 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, or to 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 or rules issued pursuant thereto and shall report to the 

department the disposition of every uniform traffic citation issued 

for cases involving those chapters. 

Updated 09-10 Wis. Slats. Database 2 

(2) The traffic officers employed pursuant to this section shall 

constitute a state traffic patrol to assist local enforcement officers 

wherever possible in the regulation of traffic and the prevention 

of accidents upon the public highways. 

(2m) In addition to the primary· powers granted by swbs. {I) 

and (2), any officer of the state traffic patrol shall have the powers 

of a peace officer under s. 59.28, except that the officer shall have 

the arrest powers of a law enforcement officer under s. 968.07, 

regardless of whether the violation is punishable by forfeiture or 

criminal penalty. A state traffic officer shall at all times be available as a witness for the state but may not conduct investigations 

for crimes under cbs. 939 to 948 other than crimes relating to the 

use or operation of vehicles. The primary duty of a state traffic 

officer shall be the enforcement of cbs. 340 to 351 or of any other 

law relating to the use or operation of vehicles upon the highway. 

No state traffic officer shall be used in or take part in any dispute 

or controversy between employer or employee concerning wages, 

hours, labor or working conditions; nor shall any such officer be 

required to serve civil process. The department may assign state 

traffic officers to safeguard state officers or other persons. 

(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 the perfonnance of these duties, shall have the powers and authority of state traffic officers. For the purpose of death, 

disability and retirement coverage, such inspectors shall be subject to ch. 40 as is the state traffic patrol. Subject to sub. (5), the 

secretary may clothe and equip inspectors as the interest of public 

safety and their duties require. 

(4) In addition to the primary powers granted by sub. (3), any 

inspC<.."'tor shall have the powers of a peace officer under s. 59 .28, 

except that the inspector shall have the arrest powers of a law 

enforcement officer under s. 968.07, regardless of whether the 

violation is punishable by forfeiture or criminal penalty. An 

inspector shall at all times be available as a witness for the state 

but may not conduct investigations for crimes under chs. 939 to 

948 other than crimes relating to the use or operation of vehicles. 

The primary duty of an inspector shall be the enforcement of the 

provisions specified in sub. (3). No inspector may be used in or 

take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working 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, "bulletproof garrnenf' means a vest 

or other garment designed, redesigned, or adapted to prevent bullets from penetrating through the garment. 

(b) Upon request of an officer of the state tratlic patrol under 

sub. (I) or inspector under sub. (3), the department shall make 

available to the traffic officer or inspector a bulletproof garment 

that may be used in the performance of his or her duties under this 

section. The department shall equip a traffic officer or inspector 

with a bulletproof garment as soon as practicable after receipt of 

the request from the tmffic officer or inspector under this paragraph. 

(6) The division administrator who is counted under s. 230.08 

(2) (e) 12. and whose duties include supervising the state traffic 

patrol shall be designated superintendent of the state traffic patrol, 

if he or she is certified under s. 165.85 (4) {b) l. as qualified to be 

a law 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 abo Tmns 327, Wis. adm. oode. 

While it is clear that ss. t 10.07 and 110.075 authorize the traffic officers of the state 

patrol and OOT to make stops and inspections and perhaps arrests tOr equipment 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective on 

or prior to 9-1-11 are printed as ff currently in effect Statutory changes effective after 9-1-11 are designated by NOTES. 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 09-10 Wis. 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. 340.0 I (70), and because s. 

110.075 provides that any traffic officer can stop and inspect vehicles for violations 

of ch. I 10 or rules issued pursuant to ch. 110, and because s. 349.02 (2) pennil~ a 

police officer to entOrce 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 of vehicles 

which is not in conformity with the requirements of this section. 

(2) When directed by any traffic officer or motor vehicle 

inspector, the operator of any motor vehicle shall stop and submit 

such motor vehicle to an inspection and such tests as are necessruy 

to determine whether it meets the requirements of this section, or 

that its equipment is not in proper adjustment or repair, or in violation of the 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 by the 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 sticker which shall be 

in such fonn as the secreta.rY prescribes. The official inspection 

sticker issued following an inspection shall exempt the inspected 

vehicle from vehicle inspection for a period of one year. 

(4) When any motor vehicle is found to be 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 as provided in sub. ( 5). 

(5) When any motor vehicle is not in compliance Vlith sub. (2) 

a repair order may be issued, in such fonn and containing such 

information as the secretary prescribes, to the owner or driver 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 of inspection to implement the inspection program provided by this section. Nothing in this section shall permit the 

department to promulgate any rule under which the provisions of 

49 CFR 393 and 396 are applicable to, or enforceable with respect 

to. any farm truck or dual purpose farm truck combined with any 

semitrailer or farm trailer, or any vehicle combined with a horse 

trailer, if the 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 motor vehicle described in s. 340.0 I (8) (c) or (d), and the 

vehicle combination is operated solely in intrastate commerce. 

(7) Any person producing, manufacturing or using an inspection sticker or causing the same to be done to subvert the provisions of this section shall forfeit not less than $100 nor more than 

$500. Any persons otherwise violating this section, s. 110.06, ch. 

34 7 or rules issued pursuant thereto, unless otherwise provided by 

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 employer may be liable for violation of this section. Town of I:.ast Troy 

v. A·l ServiceC'o .. lnc. 196 Wis. 2d 120.537 N.W.2d 126(Ct. App. 1995), 94·-%10. 

While it is clear that ss. II 0.07 and II 0.075 authorize the traffic officers of the 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 that any rrnffic officer can stop and inspe.;t vehicles for violations 

of ch. 110 or rules issued pursuant to ch. I 10, and because s. 349.02 (2) pennits a 

police officer to enforce a city ordinan("e violation upon a rca50rtable basis to 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 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 a sufficient number of opera· 

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 of the department relating 

to organ donor information under s. 343.175 once every 2 years 

and, for operator's license 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 at local examining 

centers, under the classified service. 

(4) The department shall employ, train and assign sufficient 

driver improvement personnel to carry out an intensive driver 

improvement program including the reexamination and personal 

interview of problem drivers. 

(5) (a) The department shall provide in each county, directly 

or by contract as described in par. (b), at least 20 hours per week 

of seiVices relating to operator's licenses and identification cards. 

(b) The department 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 other local government under this paragraph may authoril..e an employee of the county or local government to conduct any 

examination for an operator's license except a driving skills test. 

The department may require any employee of a 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 of an employee of the department. 

History: 1971 c. 164: 1977 c. 29 ss_ 1050, \654 (7) la); I 989 a. 31; 199 I a. 32; 

1995 a. 113, 4%; 2007 a. 20; 2009 a. 2X; 2011 a. 32. 

110.09 Background investigations of certain persons. 

(1) (a) Notwithstanding ss. 111.321, lll.322. and 111.335. the 

department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any 

person who has been selected to fill a position within the division 

of the department of transportation 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 of the person's fingerprints, or by other technologies approved by law enfOrcement 

agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes 

of verifying the identity of the person fingerprinted and obtaining 

records of his or her 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 of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing 

operator's licenses and identification cards. 

(c) The department shall promulgate rules governing confidentiality of information 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 of the 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective on 

or prior to 9-1-11 are printed as If currently In effect Statutoty changes effective after 9-1-11 are designated by NOTES. See 

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j 

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110.09 MOTOR VEHICLES 

and 111.335. the department shall require the employer. including 

any state agency, of any person to whom the information will be 

made available to conduct the background investigation in a manner prescribed by the department. The department may require. 

as part of this background investigation, that the 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 of investigation for the purposes of verifYing 

the identity of the 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 of the background investigation 

and, based upon these results, may deny or restrict access to any 

information requested. In addition to the initial background 

investigation required under this subsection, the department may 

require on a periodic basis subsequent background investigations 

consistent with this subsection for persons with ongoing access to 

information. Any cost associated with the requirements under this 

subsection is the responsibility of the employer. For purposes of 

this subsection, "employer" includes a self-employed person. 

The department shall promulgate rules governing background 

investigations, and confidentiality of information 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 to persons throughout this state. The rules shall include 

provisions regarding all of the following: 

(1) The selection of persons to install, service and remove 

ignition interlock devices from motor vehicles. 

(2) The periodic review of the fees charged to the owner of a 

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 voluntary use 

of ignition interlock devices. 

(4) Requiring ignition interlock device providers operating in 

this state to provide the department and law enforcement agencies 

designated by the department with installation, service, tampering 

and failure reports in a timely 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 of any 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 Motor vehicle emission inspection and maintenance program. (1) DEFINITIONS. In this section, unless the 

context requires otherwise: 

( ac) "Air pollution 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) "Nonexempt vehicle" means any motor vehicle as defined 

under s. 340.01 (35) which is owned by the United States or which 

is required to be registered in this state and to which one or more 

emission limitations adopted under s. 285.30 (2) applies. 

Updated 09-10 Wis. Slats. Database 4 

(c) "Nontransient emissions inspection" means an emissions 

inspection conducted on a vehicle without the use of a 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 designed to detennine compliance with the emission limitations promulgated under s. 285.30 (2) and compliance with s. 

285.30 (6). 

(c) The inspection and maintenance 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 of the federal act. 

(4) DEPARTMENTAL COOPERATION. The department shall consult and cooperate with the department of natural resources in 

order to efficiently 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 of the 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). If the program is 

being operated under contract, termination shall occur at the end 

of the contractual period in effect. 

(b) Any county whose board of supervisors has adopted a resolution requesting the department to establish an inspection and 

maintenance program in the county for the purpose of improving 

ambient air quality beyond the standards mandated by section 

7409 of the federal act. The department shall tenninate the program in the county when the county board adopts a resolution 

requesting termination of the program, If the program is being 

operated under contract, termination shall occur at the end of the 

contractual period in effect 

(6) MANDATORY INSPECTION. (a) The program shall require an 

emissions inspection under sub. ( 11) of any nonexempt vehicle 

customarily kept in a county 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 2 years 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 specified by the department under sub. (9) (d) ofregj.stration 

other than renewal if the year of registration is at least 6 years after 

the nonexempt vehicle's model year. 

3. For a nonexempt vehicle that is registered under s. 341.26 

(2m), owned by the United States or subject to 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) of any 

nonexempt vehicle customarily kept in a county identified in sub. 

(5) whenever a nontransient emissions inspection is perfonned or 

at the time of application for a waiver under sub. ( 13 ). 

(6m) PROHIBITED INSPECTIONS. The department may not 

require an emissions inspection of any vehicle prior to the inspection of the vehicle scheduled under sub. (6) (a) 1. or (9) (d) or UJ 

if an 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 of any nonexempt vehicle 

which a person presents for inspection at an inspection station or 

2009-10 Wis. Stats. database updated and current through 201.1 Wis. Act 39 and July 25, 2011. Statutory changes effective on 

or prior to 9-1-11are printed as If currently In effect Statutory chan{/flS effective after 9-1-11 are designated by NOTES. See 

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

at any other location where, as established under sub. (8) (bm), the 

vehicle may be 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 if the operation of an inspection and 

maintenance program within any county is terminated within 3 

years after the inspection and maintenance program in the county 

is begun. No officer, director or employee of the contractor may 

be an employee of the department. The department may contract 

with any person, including any person engaged in the business of 

selling, maintaining, or repairing motor vehicles or of selling 

motor vehicle replacement or repair parts. The department shall 

require the contractor to operate a sufficient number of inspection 

stations, permanent or mobile, to ensure public convenience in 

those counties identified under sub. (5). 

1m. Each contract under subd 1. may authorize or require the 

contractor to install and operate self-service inspection stations 

and may allow the use of different methods for emissions testing 

and equipment inspection, consistent with methods established 

under par. (bm), than those used at inspection stations that are not 

self-service. 

2. The department may require the contractor to test the fuel 

efficiency of nonexempt 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 contractor to 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) or the waiver of compliance under sub. ( 13) (a) 

or both. 

5. No inspection station may be established within 0.5 mile 

of an air monitoring station which reported a violation during the 

period from 1976 to 1979 of the carbon monoxide primary 

national ambient air quality standard as defined by the department 

of natural resources. 

6. The contractor shall collect, maintain and report data as the 

department requires. The department shall reserve the right to 

enter and inspect test station premises, equipment and records at 

all reasonable times in the discharge of its administrative duties. 

7. Each contract under subd. I. may authorize the contractor 

to enter into subcontracts for the performance of any of the contractor's functions or duties under the contract. In perfonning any 

such function or duty, a subcontractor shall comply with all 

requirements applicable to the contractor. With the department's 

approval, the contractor may subcontract with any person 

engaged in the business of selling, maintaining, or repairing motor 

vehicles or of selling motor vehicle replacement or repair parts. 

8. Each contract under subd. I. shall require that, if an emissions inspection is performed by a contractor or subcontractor 

engaged in the business of selling, maintaining, or repairing motor 

vehicles or of selling 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 owner as specified in sub. (12). 

(bm) The emissions test and equipment inspection of nonexempt vehicles may be performed by the department or by persons 

who are not under contract with the department but who are otherwise authorized by the department to perform such testing and 

inspection. The department may establish methods for emissions 

testing and equipment inspection by the department or other 

authorized persons of nonexempt vehicles, in addition to testing 

and inspection by contractors. These methods may include the 

installation and operation by the department or other authorized 

persons of self-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-board diagnostic system capable of monitoring all emission-related engine 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 

equally to self-service inspection stations operated by contractors 

under par. (am) lm. and self-service inspection stations operated 

under this paragraph. 

(c) l. Notwithstanding subs. (5), (6). and (9) (d). the department of transportation may, with concurrence of the department 

of natural resources, grant a temporary exemption tOr nonexempt 

vehicles during any period in which the department of transportation is unable to operate an inspection and maintenance program. 

An exemption granted under this subdivision is valid until the next 

required inspection of the vehicle required under sub. ( 6), or until 

the time given by the department of transportation to complete 

inspection of the 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 granted under this subdivision. 

2. For purposes of ss. 341.04 (I), 341.09 (2m)( a) l. b. and 2. 

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

is not required during any period in which a temporary exemption 

is granted under subd. 1. For purposes of ss. 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. The department shalt promulgate rules which: 

(a) Specify procedures for the inspection of vehicles, including 

the method of measuring emissions, the types of equipment which 

may be used in performing the measurements and the calibration 

requirements for the equipment. The procedures and methods 

shall be capable of being correlated with the federal test procedures established under section 7525 of the federal act. 

(b) Prescribe a procedure for detcnnining whether the cost of 

necessary repairs and adjustments exceeds the limit under sub. 

(13). 

(c) SpecifY procedures under which a vehicle may be refused 

inspection for safety reasons or for defects which would result in 

inaccurate measurement of emissions. 

(d) SpecifY a period of time during which an emissions inspection must be performed for a nonexempt vehicle subject to sub. ( 6) 

(a) I. or 2. 

(e) Prescribe a procedure for conducting all tederally required 

performance audits of inspection and maintenance program 

operations and personnel and all enforcement against contractors, 

and other persons authorized by the department to perform testing 

and inspection, required by 40 CFR 51.364. 

(f) Establish a performance monitoring system to inform the 

public regarding repair efficacy. 

(g) Prescribe a procedure for remote sensing of not less than 

0.5% of nonexempt 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 identifYing any nonexempt vehicle 

subject to a recall by the manufacturer of the vehicle that is related 

to emissions and ensuring motorist compliance with the recall. 

(i) Provide a procedure for detecting and preventing the fraudulent classification of any nonexempt vehicle as a vehicle that is 

not a nonexempt vehicle. 

(j) Prescribe an annual frequency for inspection for any model 

year subset of nonexempt vehicles if the department determines 

annual inspection to be appropriate after additional program eval- ,' 

uation. ~ 

(k) Prescribe a procedure for any method tOr emissions testing 

and equipment inspection established under sub. (8) (bm). 

2009-10 Wis. Stats. database updated and cunent through 2011 Wis. Act 39 and July 25, 2011. Statutoty changes effective on 

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110.20 MOTOR VEHICLES 

(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, 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 after the vehicle has failed an inspection 

test, including the repairs performed, any technician recommended repairs not performed at the owner's request, the name 

and address of the facility that performed the repairs, the name of 

the individual who performed the repairs, and, if applicable, the 

identification number of the recognized repair facility or recog~ 

nized automotive emission repair technician, or both, that per~ 

formed the repairs. The reports shall also include compiled information containing the number of vehicles submitted for 

reinspection and percentages indicating the number of vehicles 

that passed, failed, and received waivers after repair following a 

failed inspection test. The department shaU make information 

gathered from these reports available to the public. 

(n) Prescribe procedures for granting temporary exemptions 

under sub. (8) (c) I. 

(10} RECIPROCITY; TEMPORARY OPERATING PERMIT AND FXEMPTIONS. The department may promulgate rules which: 

(a) Authorize the acceptance of an inspection perfonned in 

another state instead of an inspection required under this section 

if the inspection in the other state was performed under procedures, requirements and standards comparable to those required 

under this section and it satisfies the requirements of the federal 

act. 

(b) Authorize the issuance of a temporary operating permit, 

valid for not more than 30 days, to allow time for inspection and 

necessary repairs and adjusnnents of any motor vehicle subject to 

inspection under sub. (6). 

(c) Permit a temporary exemption for nonexempt vehicles 

absent from an emissions inspection area. 

(d) Authorize the issuance of a certificate of compliance for 

nonexempt vehicles that fSil the inspection tests under sub. ( 11) 

(a) fOr applicable emission limitations but complete 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, if the inspection determines that any applicable emission limitation is exceeded, to one 

reinspection of the same vehicle at any inspection station within 

this state operated by 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 the repairs and adjustments which were 

performed on the vehicle could not have been made within 30 

days of the initial inspection. 

(11) INSPECTION TESTS; RESULTS. (a) A contractor shall perfonn the tests required under the federal act, and any testing and 

inspection method established under sub. (8) (bm) shall include 

the tests required under the federal act. The tests shall include one 

of the approved short tests required by the federal act to detennine 

compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may 

require contractors to provide information on the fuel efficiency 

of the motor vehicle. 

(b) The department shall require each contractor to furnish the 

results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the 

inspection station. For emissions inspections not conducted by a 

Updated 09-10 Wis. Slats. Database 6 

contractor, the department shall require any testing and inspection 

method established under sub. (8) (bm) to include the coritemporaneous furnishing of the results of the emissions inspection in 

writing to the person having the vehicle inspected. If the 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 or repairs likely to be needed for compliance. 

(12) REPAIRS. Repairs or adjustments necessary to bring a 

vehicle into c.ompliance with applicable emissions limitations are 

the responsibility of the vehicle owner and may be madC6 by the 

owner or any person selected by the owner. If the emissions 

inspection is perfonned in a county identified in sub. (5) by a person engaged in the business of selling, maintaining, or repairing 

motor vehicles or of selling 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 owner is not 

required to have any repair or adjustment necessary to bring the 

vehicle into compliance made by, or to purchase any necessary 

service or part from, the person and has the right to select a vendor 

of the owner's own choice. For a nonexempt vehicle with a model 

year of 1981 or later, only repairs pertbnned by automotive repair 

technicians, as defined by the department by rule, shall be valid 

for the issuance of a waiver of compliance under sub. (13). 

(13) REPAIR COST LIMIT. (a) The department shall issue a 

waiver of compliance valid until the next required inspection of 

the vehicle under sub. (6) if the owner presents satisfactory evidence to the department that the actual costs of repairs performed 

on a vehicle in accordance with an inspection report under sub. 

(1 1) (b) exceeded the repair cost limit established under par. (b). 

(b) The department of naturnl resources shall, by rule, establish 

the amount of the 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. Costs covered by any warranty. 

2. Costs necessary to repair or replace any emissions control 

system or mechanism which has been removed, dismantled or 

rendered inoperative in violation of s. 285.30 (6) or rules promulgated under that section. ~ 

(14g) USE OF STATE SUPPORTED REVENUE BORROWING. The 

department may not use state supported revenue borrowing for the 

inspection and maintenance program without the approval of the 

joint committee on finance. 

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

promulgated under this section may be required to forfeit not more 

than $500. 

History: 1979 c. 274; 19H 1 c. 20: 1983 a. 27; I 987 a. 27, 2 18; I Qll9 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 motor vehicle 

emissions. The department and its contractors under s. II 0.20 

(8) (am) shall conduct a program of public 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 of motor vehicle 

emissions inspections for those owners who elect to present their 

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 for the purchase and installation of oxidation catalyst mufflers on school buses customarily kept in counties identified in s. 

110.20 (5). The department shall adopt rules to implement and 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes elfecfive on 

or prior to 9-1-11 are printed as If currently In effect. Statutory changes effective after 9-1-11 are designated by NOTES. See 

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7 Updated 09-10 Wis. 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutoty changes effective on 

or prior to 9-1-11 are printed as "currently In effect. Statutoly changes effective after 9-1-11 are designated by NOTES. See 

Are The Statutes on this Website Official? 
2001 Senate Bill 55 . 451 -- 2001 Wisconsin Act 16 

state, within 90 !:lays the Lmriod of time specified by the 

department under sub. (9\ (d) prior to renewal of registration 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 a period of time during which 

an emissions inspection must be peli"Ormed for a nonexempt vehicle subject to sub. ( 6) (a) I. or 2. 

SECTION 2606m. 111.335 (I) (CV) of the statutes is 

created to read: 

Jll.335 (I) (cv) Notwithstanding s. 11 l.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), or as 

a corps enrollee with the Wisconsin conservation corps 

under s. 106.215 (1) (c) a person who has been convicted 

under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not 

been pardoned. 

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. or any other political 

subdivision of the state. or instrumentality of one or more 

political subdivisions of the stale thal engages the services of an employee and includes any person acting on 

behalf of a municipal employer within the scope of the 

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! 

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SECTION 2610. 111.70 (4) (jm) 4. k. of the statutes is 

created to read: 

Ill. 70 (4) (jm) 4. k. Establish a system for conducting interrogations of members of the police department 

that is limited to the hours beiWeen 7 a.m. and 5 p.m. on 

working days, as detined ins. 227.01 (14), if the interro· 

gations could lead to disciplinary action. demotion, or 

dismissal, but one that does not apply if the interrogation 

is part of a 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 of regents of the University of Wisconsin System 

who provide services for a charter school established by 

contract under s. 118.40 (2r) (em). 

SECfiON 261Sb. 111.81 (9m) of the statutes is created 

to read: 

II Ul (9m) "'Instructional staff' has the meaning 

given in rules promulgated by the department of public 

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 of this subchapter, the 

state shall be considered as a single employer and 

employment relations policies and practices throughout 

the stale service shall be as coru;islent as practicable. The 

department shall negotiate and administL"f collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department 

shall maintain close liaison with the legislature relative 

to the negotiation of agreements and the fiscal ramifications thereof. Except with respect to the collective bargaining units specified ins. 111.825 ( l m) 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 of agency concem. The 

legislative branch shall act upon those portions of tentative agreemL"llts negotiated by the department which 

require legislative action. With respect to the collective 

bargaining units specified ins. 111.825 (I m), the University ofWisconsin Hospitals and Clinics Board is responsible for the employer funcli<ms under this subchapter. 

With resped lo the collective bargaining 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 

amended to read: 

111.815 (2) In the furtherance of the policy under s. 

111.80 (4), the secretary of the department shall establish 

a collective bargaining capability within the department 

outside ofthc division of merit recruitment and selection 

and shall, together with the appointing authorities or their 

rt.'Prescnlatives, represent the state in its responsibility as 

an employer under this subchapter except 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, wherever practicable, 

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 stall employed by the 

board of regents of the University of Wisconsin System 

who provide services lor a charter school established by 

contract under s. 118.40 (2r) (em). 

Sr.cTION 2615L. 111.84 (2) (c) of the statutes is 

amended to read: 

111.84 (2) (c) To refuse to bargain collectively on 

matters set tbrth ins. 111.91 (l) \\ith the duly authorized 

ofticer or agent ofthe employer which is 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 ceriilicd 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 of the department, in con· 

nection with the development of tentative 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 of employees specified 

ins. 111.81 (7) (a) and with each ce1tified labor organization representing 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 are received by the department. 

SECTION 3207p. 281.73 of the statutes is created to 

read: 

28L73 Wastewater and drinking water grant 

The department of natural resources shall provide a grant 

from the appropriation under s. 20.370 (6) (bk) to the 

Town of Swiss. Burnett County, and the St. Croix Band 

of Chippewa for design, engineering, and construction of 

wastewater and drinking water treatment 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 authority created 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 of storm water from a 

municipal separate storm sewer system serving an incorporated area with a population of 100,000 or morcJ!.ti 

determined by the 1990 federal census. 

SECTION 3212. 283.33 (I) (c) ofthe statutes is created 

to read: 

283.33 (I) (c) A discharge of storm water from a 

municipal separate stonn sewer system serving an area 

located in an urbanized area, as determined by the U.S. 

bureau of the census based on the latest decennial federal 

census. 

SECTION 3213. 283.33 (I) (cg) of the statutes is 

created to read: 

28333 (I) (cg) A discharge of storm water from a 

municipal separate stonn sewer system serving an area 

with a population of I 0,000 or more and a population 

density of I ,000 or more per squm'C mile, if the system is 

designated by the department to be regulated nnder this 

section ba,ed on an evaluation of whether the storm 

water discharge results in, or has the potential to result in, 

water quality standards being exceeded, including 

impairment of designated uses, or in other significant 

water quality impacts. including habitat and biological 

impacts. 

SF:CTION 3214. 283.33 (I) (cT) of the statutes is 

created tn read: 

283.33 (I) (cr) A discharge of stom1 water from a 

municipal separate stnrm sewer system that is designated 

by the department to be regulated under this section 

because the system contributes substantially to the poilutan! loadings of a physically interconnected municipal 

separate stonn sewer system that is regulated under this 

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 or activity. other than a facility or activity under 

!""'pars. (a) <lf--(l>j ~.if the department detetmines 

that the discharge either contributes to a violation of a 

water quality standard or is a significant contributor of 

pollutants to the waters of the state. 

Sf:CTION 3216. 283.33 (4) (a) (intro.) of the statutes 

is amended to read: 

283.33 (4) (a) (inlro.) Jn addition to obtaining a permit under this section. the owner or operator of 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 of the 

municipal separate storm sewer system: 

S>.CTION 3217. 283.33 (8) of the statutes is amended 

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 of this section. The department may not require a permit under 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 or a 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 or local governmental unit uses the money to reduce 

water pollution in tl1e project area. 

SECTION 3219. 283.89 (2m) of tl1e statutes is 

amended to read: 

283.89 (2m) If the department finds a violation of s. 

283.33 (I) tn (8) for which a person is subject to a forfeiture under s. 283.91 (2), tl1e department sl!a» DJ.ey issue 

a citation m>d, if the @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 

amended to read: 
2003 Senate Bill 436 

Date of enactment: April 8, 2004 

Date of publication*: April 22, 2004 

2003 WISCONSIN ACT 220 

AN ACT to amend 20.395 (5) (hq). 110.20 (6) (a) I. and 110.20 (6)(a) 3.; and to create 110.215 of the statutes; relating 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-making procedures, granting rule-making authority, and making an appropriation . 

The people of the state of Wi.<consin, represented ;, 

senate and assembly, do enact as fit/lows: 

SECTION lg. 20.395 (5) (hq) of the statutes is 

amended to read: 

20.395 (5) (hq) Motor vehicle emission inspection 

and maintenance pmgram; contractor costs and equipment ~rants: statejimd.;;. The amounts in the schedule to 

provide tor contracts for the operation of inspection stations under s. 110.20 and for the motor yehic!e emjssjon 

control equipment ~rant pro~ram under s. 1 1 0 21 5. 

SECTION lm. 110.20 (6) (a) I. of the statutes is 

amended to read: 

110.20(6)(a) I. For a nonexempt vehicle required to 

be registered on an annual or other periodic basis in this 

state, within the period of time specified by the department under sub. (9) (d) prior to renewal of registration in 

the .;!00 'llh year atler the nonexempt vehicle's model 

year and every 2 years thereatler, except as provided in 

sub. (9) (j). 

SECTION 2. II 0.20 (6) (a) 3. of the statutes is 

amended to read: 

110.20 (6) (a) 3. For a nonexempt vehicle tlmt is registered under s. 341.26 (2m), owned by the United States 

or subject to one-time registration. at any time during the 

.;!00 'llh year following the nonexempt vehicle's model 

year and every 2 years thereafter. 

SECTION 2m. II 0.215 of tl1e statutes is created to 

read: 

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 for the purchase 

and installation of oxidation catalyst rnuffiers on school 

buses customarily kept in counties identified in s. II 0.20 

(5). The department shall adopt rules to implement and 

administer this section, including procedures. standards. 

and criteria for awarding and distributing the grants. 

SECTION 2r. Nonstatutory provisions. 

(I) The department of transportation shall submit in 

proposed form the mles required under section II 0.215 

of the statutes, as created by this act, to the legislative 

council staff under section 227.15 (I) of the statutes no 

later than the first day of the 4th month beginning after 

the effective date of this subsection. 

(2) Using the emergency rules procedure under section 227.24 of the statutes, the department of transpOltation shall promulgate tl1e rules required under section 

110.215 of the statutes, as created by this act, tor purposes 

* Section 991.11, WISCONSIN STATUTI'S 2001--02 : Etfcctive date of acts. "EVC!)' act and every portion of an act enacted by the legislature over 

the governor's partial veto which does nor expressly prescribe the time when it takes efrect shall take effect on the day afu.-r its date of publication 

as dcsignatt>d" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment}. 
2003 Wisconsin Act 220 

of implementing this a¢!, tor the period before 1he effective date of the rules su~mitted under subse<.1ion (I). The 

deparnnent shall promulgate these en1ergL'llCY rules no 

later 1han the first day bf the 4th month beginning after 

the effective date of tllis subsection. Notwithstanding 

section 227.24 (I) (c) af'd (2) of1he statutes, tl1ese emergency rules may remai~ in effect until June 30, 2005, or 

the date on which perm!rnent rules take efiect, whichever 

is sooner. Notwithstanding section 227.24 (I) (a) and (3) 

of the statutes, the depqrtment is not required to 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 of en1ergeney for a mle promulgated under 1his subsection. 

SECTION 3m. Effective dates. This act takes effect 

on 1he day after publication, except as follows: 

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

110.215 of the 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 

any part of a rcfw1d or taxes that the seller docs not.-

Sllb.mil to a buyer or to the department along with a penalty of25% of the amount not retumea or submitted or 

in the case of fraud. a penalty equal to the amount not 

Felllmed in the eafle ef lfaud submitted A person 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 or she is reqyired 

to submit to the buyer or to the do;partment under this subsection for d>at activity or service by the amount of tax 

and interest subsequently due and pajd <m the sale of or 

the storage use or other consumntion of tangible personal property that is used by the person in that actiyity 

or sendee and transferred to the buyer. 

SECTIOl'o 27. 77.59 (5) of the 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 

against any amount of whatever kind, due and owing on 

the books of the department from the person slaiming 

who is entitled to the refand. If the refund is to be paid 

to a buyer, the department may also set oft' ammmts in the 

manner in which it sets off income tax and franchise tax 

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

support or maintenance or both in the manner in which it 

sets off income taxes under ss. 49.855 and 71.93 (3 ), (6) 

and (7). 

SECTION 28. 77.61 ( 14) of the statutes is amended to 

read: 

77.61 (14) Documents and payments required or permitted under this subchapter that are mailed are timely 

furnished, filed or made if they are mailed in a properly 

addressed envelope with the postage duly prepaid, if the 

envelope is posnuarked. or n>arked or recorded electronically as provided und•r section 7502 (I) 121 (cl of the 

Internal Revenue Code before midnight of the due date 

and if the doeumem or payment is received by the department, or at the destination that the deprutment prescribes, 

within 5 days after the prescribed date. Documents and 

payments that are not mailed are timely if they arc 

received on or before the due date by the department or 

at the destination that the department designates. f.Qr 

purposes of this subsection. "mailed" includes delive[)' 

by a delivecy service desjvnated under sect jon 7502 (f) of 

the Internal Revenue Code. 

SECTION 29. 78.22 ( 4) of the 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 if it is mailed in a properly addressed envelope 

with I st elass postage duly prepaid and the envelope is 

officially postmarked. or marked or recorded elcctronically as proyided WJder section 7502 ( O 12) (c) of the 

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 of the due 

date. A retum that is not mailed is timely if it is received 

on or befbre the due date by the department or at the destination that the department prescribes. For purposes of 

this subsection "mailed" includes delive[)' by a delivciY 

servjce desja-nated under section 7502 lt) of the Intemal 

Revenue Code. 

SECTION 30. 78.39 (5d) of the statutes is created to 

read: 

78.39 (5d) "Pay" has the meaning given ins. 78.005 

(13b). 

SECTION 31. 78.39 (5m) of the statutes is created to 

read: 

78.39 (Sm) "Sign" has the meaning given ins. 78.005 

( 13r). 

SECTION 32. 110.20 (8) (e) of the statutes is amended 

to read: 

II 0.20 (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 of its administrative duties. +lie 

ae~artrnent ef "'''""""shall aHait the reeenis ef the 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. Any person who fails 

to file a floor tax return when due shall pay a late filing 

fee of$10. A return that is mailed shall be considered 

filed in time if it is mailed in a properly addressed envelope with l~ postage duly prepaid. if the envelope 

is officially postmarked. or marked or recorded electronically as provided WJder section 7502 <D <21 tel of the 

Internal Revenue Code on the date due and if the return 

is actually received by the department or at the destination d>at the depmtment prcsc1ibes within 5 days of the 

due date. A return that is not mailed is timely if it is 

received on or before the due date by the depattment or 

at the destination that the department presc1ibes. For pw·-

poses of this para~raph "mailed" includes delive[)' by a 

delive[)' service designated W1der section 7502 (f) of the 

Internal Reye1we Code 

SECTION 34. 139.05 (2a) of the statutes is amended 

to read: 

139.05 (2a) The payments and retums under subs. ( 1 ) 

and (2) that are mailed are furnished, filed or made on 

time, and payments therein refCrred to arc timely, if 

mailed in a properly 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) of the statutes is amended 

to read: 

110.20 (7) VOLUNTARY INSPECTIONS. The inspection 

and maintenance program shall require inspection of any 

nonexempl vehicle which a person presents for inspection 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) of the statutes is renumbered ll0.20(8)(am),and ll0.20(8)(am) L.asrc'!lumbered. is amended to read: 

110.20 (8) (an1) L The emissions 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 

shall provide for equitable compt.'!lsa!ion to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 yearn after 

the inspection and maintenance program in the county is 

begun. No officer, director or employee of the contractor 

may be an employee of the department or a person 

engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the 

contractor to operate a sutlicient number of inspection 

stations, pcnnanent or mobile, to ensure public convenience in those counties identified under sub. (5). 

SECTION 2656. 110.20 (8) (am) lm. of the 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 under par. (bm), than those used at inspection stations that are not self-service. 

SECTION 2657. 110.20 (8) (bm) of the statutes is 

created to read: 

110.20 (8) (bm) 1be department may establish methods for emissions testing and equipment inspection of 

nonexempt vehicles in addition to testing and inspection 

by contractors. These methods may include the installation and operation by the department of self-service 

inspection stations and the utilization of any technology 

related to emissions or data transmission with which 

motor vehicles may be equipped. The department may 

establish methods tor emissions testing and equipment 

inspection specifically applicable to selfC·service inspection stations, which methods shall apply equally to selfservice inspection stations operated by contractors under 

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 

created to read: 

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: 

II 0.20 (lOrn) REINSPECTION. The owner of a nonexempt vehicle inspected under this section is entitled, if the 

inspection determines that any applicable emission limitation 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 other location where, as established under sub. 18) (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 the repairs and adjustments which were pe1tormed on the vehicle could not 

have been made within 30 days of the initial inspection. 

SECTION 2660. II 0.20 (II) of the statutes is amended 

to read: 

110.20 (II) INSPECTION TESTS; RESULTS. (a) +he A 

contractor shall perform tl1e tests required under the tedera I act and mzy testin2 and inspection mel'bod established under sub, (8) (bml shall include the tests required 

under the federal act The tests shall include one of the 

approved short tests required by the federal act to determine compliance with applicable emission limitations 

for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require H:le sefltmeter contractors to provide information on the fuel ctliciency of the 

motor vehicle. 

(b) The department shall require l4e ~contractor 

to furnish the results of the 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~ of the results of the emissions 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 

extent possible, a description of the noncompliance and 

the adjnstments or repairs likely to he needed for compliance. 

SECTION 2661. 110.21 of the statutes is amended to 

read: 

110.21 Education and training related to motor 

vehicle emissions. The department and its contractors 

under s. 110.20 (8) (am) shall conduct a program of pub-
Vetoed 

In Part 

Vetoed 

In Part 

2007 Wisconsin A~t 20 - 502 - 2007 Senate Bill 40 

lie education related to lthe motor vehicle emission and 

equipment inspection d maintenance program established tmder s. II 0.20 ( ). The program under s. II 0.20 

( 6) may include a pilot roject of motor vehicle 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 

amended to 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 of the state, or instrumentality 

of one or more politic l subdivisions of the state, that 

engages the services o an employee and includes any 

person acting on behal of a municipal employer within 

the scope of the perso 's authority, express or implied. 

but specifically does n include a local cultural arts district created under sub . V of ch. 229. 

SH:TtON 2666e. I !.70 (4) (c) 2. of the statutes is 

renumbered 111.70 (4) (c) 2. a. 

SECTION 2666f. II .70 (4) (c) 2. b. of the statutes is 

created to 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 

such personnel. If the rocedures include arbitration, the 

arbitration hearing shal be public and the decision of the 

arbitrator shall be is ued within 180 days of the 

conclusion of the heari g. 

SECTION 2679g. I 1.70 (4) (m) (title) of the statutes 

is amended to read: 

Ill. 70 (4) (m) (tit! ) Pmhibited subjects ()lbargaining· · · J • .,_ 

SECTION 2679i. 111.70 (4) (me) of the statutes is 

created to read: I 

111.70 (4) (me) p hibited suf:>jects of bargaining m •40!1 Tlnnrr ··· .fiU!li'YE ~ji 

the municipal employer is 

prohibited from bargai ing collectively with 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 

inconsistent with s. 62j13 (5)(h). 

SECTION 2665g. ,114.09 (title) of the statutes is 

amended to 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~.) In this subsection, "drug"~ 

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

SECTION 2665j. 114.09 (l) (a) 2. of the statutes is 

created to read: 

114.09 (I) (a) 2. "Prohibited alcohol concentration" 

means an alcohol concentration of 0.04 or more ifthere 

is no passenger in the aircraft, more than 0.00 if there is 

a passenger in the aircratl. 

SECTION 2665L. 114.09 (I) (b) of the statutes is 

renumbered 114.09 (1) (b) I. and amended to read: 

114.09 (I) (b) I. No person may operate an aircraft 

in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or 

controlled subs1ance analogs under ch. 961 or a combination thereof, under the influence of any other drug io a 

degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of 

intoxicating liquor and any other drug to a degree which 

renders him or her incapable of safely operating an aircraft,..neF, 

2. No nerson may operate an aircraft in the air or on 

the ground or water in a careless or reckless manner so as 

to endanger the life or property of another. In determining whether the operation was careless or reckless the 

court shall consider the standards for sate operation of 

aircraft prescribed by federal statutes or regulations governing aeronautics. 

1. The court shall make a written report of all convictions, including bail or appearance money forfeitures, 

obtained under this section to the dL•partmenl, which shall 

send the report to the proper federal agency. 

SECTION 2665n. 114.09 ( 1) (b) lm. of the statutes is 

created to read: 

114.09 (l)(b) lm. No person may operate an aircraft 

in the air or on the ground if the person has a prohibited 

alcohol concentration. 

SECTION 2665r. 114.09 (2) of the statutes is repealed 

and recreated to read: 

114.09 (2) (a) Any person violating sub. (I) (b) I. or 

lm.: 

I. Shall forfeit not less than $150 nor more than $300, 

except as provided in subs. 6. and 7. 

2. Except as provided in subd. 6 .. shall be fined not 

less than $350 nor more than $1.100 and imprisoned for 

not less than 5 days nor more tllllil6 montliS if the number 

of convictions under ss. 940.09 ( l) and 940.25 in the person's lifetime, plus the total nw11ber of sm.1Jensions, revocations. and other convictions counted under s. 343.307 

(I) within a IQ-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same 

incident or occurrence shall be counted as one. 

3. Except as provided in subds. 6. and 7 ., shall be 

fined not less than $600 nor more tlmn $2,000 and imprisoned for not less than 30 days nor more than one year 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 number of suspensions, revocations. and other convictions counted under s. 343.307 (1). equals 3, except 
~tate of ~ietonein 

2009 Senate Bill 505 

Date of enactment: May 5, 2010 

Date of publication*: 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) of the statutes; relating to: motor 

vehicle emission inspections and requiring the exercise of rule-making authority. 

The people of the state of Wtsconsin, repre~·ented in 

senate and assembly, do enact as follows: 

SECTION I. 11020 (5) (a) and (b) of the 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 ef the eenlfaotHal period 

in e~Gt when the county is withdrawn under s. 285.30 

(4). If the program is being operated under contract termination shall occur at the end of the contractual period 

in effect. 

(b) Any county whose board of supervisors has 

adopted a resolution requesting the department to establish an inspection and maintenance program in the county 

for the purpose of improving ambient air quality beyond 

the standards mandated by section 7409 of the federal act 

The department shall terminate the program in the county 

at the enS ef ths eentfaetual peFied in effeet when the 

county board adopts a resolution requesting termination 

of the program. If the pto~ram is bein~ operated under 

contract tcnnination shall occur at the end of the contractual period in effect. 

SECTION 2. 11020 (8) (am) L of the statutes is 

amended to read: 

11020 (8) (am) L The emissions test and equipment 

inspection of nonexempt vehicles may be performed by 

persons under contract with the department. Each such 

contract shalt 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 if the opcnltion of an inspection and maintenance program within any county is 

terminated within 3 years after the inspection and maintenance program in the county is begun. No oflicer, director or employee of the contractor may be an employee of 

the department e~=-a- The department may contract wjth 

~ petiDD. includinB any person engaged in the business 

of selling, rnaintainin& or repairing motor vehicles or of 

selJing motor vehicle replacement or repair parts. The 

department shall require the contractor to 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, of the 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 of any of the contractor's functions or duties 

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 contractor may subcontract with any person 

engaged in the business of seUing, maintaining, or repair-

* St>ction 991.11, WISCONSfN STATUTES 2007-08: Effective date of acts. "Every act and every portion of an act enacted by the legislature over 

the govemor's partial veto which docs not expressly prescribe the time OOcn it takes effect shall take effect on the day after its date of publication 

as designated" by the secretary of state (the date ofpublieation may not be more than 10 working days after the date of enactment]. 
2009 Wisconsin ct 228 -2- 2009 Senate Bill 505 

ing motor vehicles o of selling motor vehicle replacement or repair parts. 

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 of selling, maintaining, or repairing otor vehicles or of selling 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 operated 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 of transportation may, with concurrence of the depa ment of natural resources, grant a 

temporary cxemptio for nonexempt vehicles 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 of trans ortation to complete inspection of 

the vehicle, whiche er occurs first. Notwithstanding 

subs. (7) and (I Om , the department of transportation 

may deny requests r inspection during any period in 

which exemptions e granted under this subdivision. 

2. For purposes 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) of the statutes is amended 

to read: 

II 0.20 (9) (e) Prescribe a procedure for conducting 

all federally required performance audits of inspection 

and maintenance program operations and personnel and 

all enforcement against contractors. and other persons 

authorized by the denartment to perform testing and 

inspection, required by 40 CFR 51.364. 

SECTION 7. 110.20 (9) (L), (m) and (n) of the 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, any technician recmnmended repairs not performed at the owner's request, 

the name and address of the facility that performed the 

repairs, the name of the individual who performed the 

repairs, and, if applicable, 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) of the 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 of the vehicle 

owner and may be made by the owner or any person 

selected by the owner. If the emissions insvection is performed in a county identified in sub. (5) by a person 

enga2ed in the business of selling maintaining. or repairin!j motor vehicles or of selling 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 owner is 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. 

Air pollution 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; major utilities. 

Sulfur dioxide emission rates; state--owned facilities. 

Sulfur dioxide emission goals after 1992; major utilities and other large air 

contaminant sources. 

Nitrogen oxide emission goal; major utilities. 

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) "Air contaminant" 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" if not otherwise 

modified, means any facility, building, structure, installation, 

equipment, vehicle or action that emit'! or may emit an air contaminant 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 air contaminants in such quantities and of such duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would wrreasonably interfere with 

the enjoyment oflite or property. 

(4) "Air pollution control pennit" means any pennit required 

or allowed under s. 285.60. 

(5) "Allocation of the available air resource" means either: 

(a) The apportionment among air contaminant sources of the 

difference between an ambient air quality standard and the concentration in the atmosphere of the corresponding air contaminant 

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-iER REQUIREMENTS 

Solid waste incinerator operator certification. 

Testing emissions from medical waste incinerators. 

Medical waste incinerator fees. 

Emission of ozone .... depleting substances. 

R«.'Overy of ozone-depleting refrigerants. 

SUBCHAPTER Vll 

PERMITS AND FEES 

Air pollution 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. 

Permit duration and renewaL 

Permit revision, suspension and revocation. 

Failure to adopt rule or issue permit or exemption. 

Fees. 

SUBCHAPTER VUJ 

MISCELI.ANEOUS 

Confidentiality of records. 

Federal aid. 

Local air pollution control progr~ms. 

County program. 

Notice concerning proposed area redesignations. 

Machinery use. 

Registration of early emission reductions. 

Sma!l business stationary source technical and environmental compliance 

a~sistance program. 

Small business environmental council. 

SUBCHAPTER IX 

ENFORCEMENT: PENALTIES 

Hearings on certain air pollution actions. 

Violations: enforcement. 

Emergency procedure. 

Asbestos citations. 

Penalties for violations relating to air pollution. 

(b) The apportionment among air contaminant sources of the 

difference between W1 ambient air increment and the baseline concentration if a baseline concentration is established. 

(7) "Allowable emission" means the emission rate calculated 

using the maximum rated capacity of the origin of, or the 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 of operation, or both. 

(8) "Ambient air increment" means the maximum allowable 

concentration of W1 air contaminant above the base line concentration. 

(9) "Ambient air quality standard" means a level of air quality 

which will protect public health with an adequate margin of safety 

or may be necessary to protect public welfare from anticipated 

adverse effects. 

(9m) "'Architectural coating" means a coating applied to a stationary structure, including a parking lot, and its appurtenances or 

to a mobile home. 

(10) "Attainment area" means an area which is not a nonattainment area. 

(11) "Base line concentration" means concentration in the 

atmosphere of an air contaminant which exists in an area at the 

time of the first application to the U.S. environmental protection 

agency for a prevention of significant deterioration permit under 

42 USC 7475 or the first application for an air pollution control 

pennit under s. 285.60 for a major source located in W1 attainment 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25,2011. Statutory changes effective 

on or prior to 9-1-11 are printed as if cu"enUy in effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

See Are The Statutes on t~is Website Official? 
Electronic rep duction of 2009-10 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 20 II. 

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 

of reduction achievable a specified by the deparbnent on an individual case--by-case basi taking into account energy, economic 

and environmental impac s and other costs related to the source. 

(13) "'Departmenf' cans the department of natural 

resources. 

(15) "Emission" mea sa release of air contaminants into the 

atmosphere. 

(16) .. Emission limit tion" or "emission standard" means a 

requirement which limit the quantity, rate or concentration of 

emissions of air 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) An offsetting of gr 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 arran gem nts for emission reduction, tnt de--off, 

credit or offset permitted by rule by the department. 

(17m) "Entire facilit "means all stationary sources that are 

under the control of one person or under the control of persons 

who are under common c ntrol and that are located on contiguous 

properties. 

(18) "Existing sourc "means a stationary source that is not a 

new source or a modi fie source. 

(19) ''Federal clean a r act" means the federal clean air act, 42 

USC 7401 to 767lq. and gulations issued by the federal environmental protection agenc under that act. 

(20) "Growth accom odation" means the amount of volatile 

organic compounds spec fied ins. 285.39 (I) (a). 

(21) "Hazardous su stance" means any substance or combination of substances i luding any waste of a solid, semisolid, 

liquid or gaseous fonn ich may cause or significantly contribute to an increase in mo lity or an increase in serious irreversible 

or incapacitating reversi le illness or which may pose a substantial present or potential h zard to human health or the environment 

because of its quantity, oncentration or physical, chemical or 

infectious characteristics This term includes, but is not limited to, 

substances which are to · c, corrosive, flammable, irritants, strong 

sensitizers or explosives as determined by the department. 

(23) "Lowest achie able emission rate" means the rate of 

emission which reflects he more stringent of the following: 

(a) The most stringe t emission limitation which is contained 

in the air pollution regul tory program of any state for this class 

or category of source, 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 of source. 

(24) "Major source" means a stationary source that is capable 

of emitting an air con minant in an amount in excess of an 

amount specified by the epartment by rule 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 

in the method of operati of, a stationary source that increases the 

amount of emissions of an air contaminant or that results in the 

emission of an 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 09-10 Wis. 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 of an air contaminant exceeds 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 of achieving by the application of 

control technology that is reasonably available considering technological 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 of nitrogen. 

(c) A pollutant regulated under 42 USC 7411 or 7412. 

(d) A pollutant for which a national primary ambient air quality 

standard has been promulgated under 42 USC 7409. 

(37) "Replenishment implementation period" means the 

period between August I, 1987, and December 31 of the year by 

which the department requires full compliance with rules required 

to be promulgated under s. 285.39 (3). 

(38) "Secretary" means the secretary of natural resources. 

(39) "Sewage'' means the water-carried wastes created in and 

to be conducted away from residences, industrial establishments, 

and public buildings as defined in' )01.01 (12). with such surface 

water or groundwater as may be present. • 

(40) "Solid waste" means any garbage, refuse. sludge from a 

waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable 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 or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges 

which are point sources subject to permits under ch. 283, or source 

material, as defined in s. 254.31 (10), special nuclear material, as 

defined in s. 254.31 ( 11 ), or by-product material, as detined in s. 

254.31 (1). 

(41) "Stationary source" means any facility, building. structure or installation that directly or indirectly emits or may emit an 

air contaminant only from a fixed location. A stationary source 

includes an air contaminant source that is capable of being transported to a different location. A stationary source may consist of 

one or more pieces of process equipment, each of which is capable 

of emitting an air contaminant. A stationary source does not 

include a motor vehicle or equipment which is capable of emitting 

an air contaminant while moving. 

(42) "Volatile organic compound" means an organic compound which participates in an atmospheric photochemical reaction, as determined by the department by rule. 

(43) "Volatile organic compound accommodation area" 

means Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha counties and any other county specified by 

the department by rule in response t<t a find~ng by the fedetal envi2009-10 Wis. Stats. d tabase updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 reprinted as If currently In effect Statutory changes effective after 9-1-11 are designated by NOTES. 

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; 1977 c. 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 of sub. ( 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 by persons and affected 

groups to achieve the purposes of this chapter and s. 299.15. 

(3) Encourage local units of government 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 and training programs relating to the pmposes of this chapter and s. 299.15. 

(5) Organize a comprehensive and integrated program to 

enhance the quality, management and protection of the state's air resources. 

(6) Prepare and develop one or more comprehensive plans for 

the prevention, abatement and control of air pollution in this state. 

The department thereafter shall be responsible for the revision and 

implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the 

federal clean air act for control of atmospheric ozone shall confonn with the federal clean air act unless, based on the recommendation of the natural resources board or the head of the department, as defined in s. 15.01 (8), of any other department, as 

defined ins. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those 

required by the federal clean..air act meet any of the following criteria; 

(a) The measures are part of an interstate ozone control strategy implementation agreement under s. 285.15 signed by the governor of this state and of the state of Illinois. 

(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 of field 

studies and sampling, determine the degree of air 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 

of such device or system, or the air pollution 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 other provision of law. 

(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 sulfur dioxide 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 or nitrogen oxide controls for the purpose of reducing 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 of each house of the legislature, tOr distribution to the appropriate standing committees under s. 13.172 (3 ), within 6 months 

after the enactment of the federal legislation. 

(14) Promulgate by rule the actions or events which constitute 

the reconstruction of a major source. 

(15) Promulgate by rule the actions or events which constitute 

the shutdown of a facility. 

(16) Promulgate rules, consistent with but no more restrictive 

than the federal clean air act, that specify the amounts of emissions 

that result in a stationary source being classified as a major source 

and that may limit the classification of a major source to specified 

categories of stationary sources and to specific air contaminants. 

(17) Promulgate rules. consistent with the federal clean air 

act, that modify the meaning of the term "modification" as it 

relates to specified categories of stationary sources, to spccitic air 

contaminants and to amounts of emissions or increases in emissions. 

(18) Adopt and apply objective performance measurements, 

for the subunit of the department that administers this chapter. 

relating to the issuance of permits under subch. VII and to overall 

perfonnance of the subunit. 

History: 1995 a. 227 ss. 455, 989: 1999 a. 9: 2003 a. 118. 

Cross-reference: See alw NR 400-, Wis. adm. ~:ode. 

285.13 Air pollution control; department powers. The 

department may: 

(1) Hold hearings relating to any aspect of the administration 

of this chapter and s. 299.15 and, in cormection therewith, compel 

the attendance of witnesses and the production of evidence. 

(2) Issue orders to effectuate the purposes of this chapter and 

s. 299.15 and enforce the same by all appropriate administrative 

and judicial proceedings. 

(3) Secure necessary scientific, technical, administrative and 

operational services, including laboratory facilities, by contract or 

othetwise. 

(4) Make a continuing study of the effects of the emission of 

air contaminants from motor vehicles on the quality of the outdoor 

atmosphere and make recommendations to appropriate public and 

private bodies with respect thereto. 

(5) Advise, consult. contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with 

interested persons or groups. 

(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 of offsetting 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

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285.14 

mentation plan under 42 SC 7410 unless the department has promulgated the control mea ure or strategy as a rule. 

(2) REVIEW BY STANDI G COMMITTEES. At least 60 days before 

the department is requir to submit a state implementation plan 

to the federal environme tal protection agency, the department 

shall prepare, and provide to the standing committees of the legislature with jurisdiction ver environmental matters, under s. 

I 3.172 (3) a report that d scribes the proposed plan and contains 

all of the supporting d rnents that the department intends to 

submit with the plan. Th department shall also submit to the legislative reference bureau or publication in the administrative register a notice of availabili of the report If, within 30 days after 

the department provides e report, the chairperson of a 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 of receipt of the comments. This subsection d es not apply to a modification to a state 

implementation plan rela "ng to an individual source. History: 2003 a. l18; 2007 20. 

285.15 Interstate ag ment. After May 14, 1992, the governor may enter into an eement with the governor of the state 

of Illinois, that may also · elude the governors of the 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 to bring an area designated under 

42 USC 7407 (d) as an o ne nonattainment area into attainment 

with the ambient air qual' standard for ozone if the area includes 

portions of this state and the state of Illinois. 

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 air contaminant sources which may cause or con "bute to air pollution, according to levels 

and types of emissions a d other characteristics which relate to air 

pollution, and may requi reporting for any such class. Classifications made pursuant to this section may be for application to the 

state as a whole or to an designated area of the 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 of any class for which the rules of the 

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 of duration of emiSsions, and 

such other information is relevant to air pollution and available 

or reasonably capable o being assembled. 

(2) (a) The departm t may, by rule or in an operation pennit, 

require the owner or ope tor of an air contaminant source to monitor the emissions of the air contaminant source or to monitor the 

ambient air in the vicin ty of the air contaminant source and to 

report the results of the onitoring to 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 tor of a major sotm:e to report the results 

of any required monito · g of emissions from the major source to 

the department no less ften than every 6 months. 

(b) Before issuing operation permit that contains a monitoring requirement relating to the emissions from an air contaminant 

source, the department hall notify the applicant of the proposed 

monitoring requirement and give the applicant the opportunity to 

demonstrate to the adm · istrator of the division of the department 

that administers this cha ter that the proposed monitoring requirement is unreasonable c nsidering, among other factors, monitoring requirements impo d on similar air contaminant sources. If 

the administrator dete ines that the monitoring requirement is 

unreasonable, the dep ent may not impose the monitoring 

requirement. If the ad inistrator dctennines that the monitoring 

Updated 09-10 Wis. 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 not post 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 of specific emissions of an air contaminant 

source and any results of monitoring the emissions of a contaminant source or the ambient air in the vicinity of a 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 of the department may enter and inspect any 

property, premises or place on or at which an air contaminant 

source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance 

with this chapter and s. 299.15 and hlles promulgated or'flennits 

issued under this chapter or s. 299.15. No person may refuse entry 

or access to any authorized representative of the department who 

requests entry for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere 

with any such inspection. The department, ifrequested, shall furnish to the owner or operator of the premises a report 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 to federal 

standard I fan ambient air quality standard is promulgated under 

section 109 of the 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. If an ambient air 

quality standard for any air contaminant is not promulgated under 

section I 09 of the federal clean air act, the department may promulgate an ambient air quality st~dard if the department finds 

that the standard is needed to provide adequate protection tor public health or welfare. The department may not make this finding 

for an air contaminant unless the finding is supported with written 

documentation that includes all of the following: 

1. A public health risk assessment that characterizes the types 

of stationary 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 of population groups 

are ~'Objected to levels of the air contaminant that are above recognized environmental health standards or will be subjected to those 

levels if the department fails to promulgate the proposed ambient 

air quality standard. 

3. An evaluation of options for managing the risks caused by 

the air contaminant considering risks, costs, economic impacts, 

feasibility, energy, safety, and other relevant fuctors, and a finding 

that the proposed ambient air quality standard reduces risks in the 

most cost-effective manner practicable. 

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4. A comparison of the proposed ambient air quality 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, either in tenns of the 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 of a violation of 

an ambient air quality standard or ambient air increment. 

(4) IMPACT OF CHANGE IN FEDERAL STANDARDS. If the ambient 

air increment or the ambient air quality 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 not make 

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. 

The promulgation of emission standards i~ discussed. Wisoonsin Hospital Association v. Nan.tral Resources Board, 156 Wis. 2d688, 457N.W.2d 879 (ClApp. 1990). 

285.23 Identification of nonattainment areas. (1) PRO· 

CEDURES AND CRITERIA. The department shall promulgate by rule 

procedures and criteria to identity a nonattainment area and to 

reclassfty a nonattainment area as an attainment area. After February 6, 2004, the department may not identity a county as part of 

a nonattainment area under the federal clean air act if the concentration of an air contaminant in the atmosphere in that county 

does not exceed an ambient air quality standard, unless under the 

federal clean air act the county is required to be designated as part 

of a 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 nonattainment areas 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 issued under this subsection are not rules. 

(3) REVIEW. The documents issued under sub. (2) may be 

reviewed under ss. 227.42 and 227.52. 

(4) PRfKEDURES. (a) For any document issued under sub. (2), 

the department shall hold a public hearing and follow the proce~ 

dures in this subsection. 

(b) The department shall give notice of the public hearing, and 

shall take any steps it deems necessary to convey effective notice 

to persons who are likely to have an interest in the proposed document. The notice shall be given at least 30 days prior to the date 

set tOr the hearing. The notice shall include a &1atement of the time 

and place at which the hearing is to be held and either a text of the 

proposed document or a description of how a copy of the document may be obtained from the department at no charge. 

(c) The department shall hold a public hearing at the time and 

place designated in the notice of hearing. 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 if it 

appears that the length of the hearing otherwise would be unduly 

increased by reason of repetition. 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 of each hearing the department shall present a summary of the 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 or postpone the hearing to such time and place as it detennines. The 

department shaU keep minutes or a record of the hearing in such 

manner as it detennines to be desirable and feasible. 

(e) The department shall receive written comments on the document for at least 1 0 days after the close of the hearing. The 

department may not issue documents under this section earlier 

than 30 days after the close of the 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 of the legislature 

with jurisdiction over environmental matters under s. 13.172 (3), 

a report that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. The 

department shall also submit to the legislative reference bureau 

tOr publication in the administrative register a notice of availability of the report. If. within 30 days after the department submits 

the report, the chairperson of a standing committee to which the 

report was provided submits written comments on the report to the 

department, the secretary shall respond to the chaizpcrson in writing within 15 days of receipt of the 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 also cb. 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 a construction permit or operation permit or an elective operation permit for an existing source after the effective date of this 

rule, other air contaminant sources and possible future air contaminant sources. The air resource allocation standards may aJiow for 

emission reduction options. The application of air resource 

allocation standards may not result in a violation of an ambient air 

quality standard or an ambient air increment. 

(3) DocUMENTS. The department shall maintain records indicating how much of the available air resource has been allocated 

in attainment areas. The department shall make these records 

available for public 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) Similar to federal standard If a standard of performance for new stationary sources is promulgated under section Ill of the 

federal clean air act. the department shall promulgate by rule a similar emission standard, including administrative requirements 

that are consistent with the federal administrative requirements, 

but this standard may not be more restrictive in terms of emission 

limitations than the federal standard except as provided under sub. 

(4). 

(b) Standard to protect public health or welfare. If a standard 

of performance for any air contaminant for new stationary sources 

is not promulgated under section 111 of the federal clean air act, 

the department may promulgate an emission standard of performance for new stationary sources if the department finds the standard is needed to provide adequate protection for public health or welfare. 

(c) Re<Jtrictive standard. The department may impose a more 

restrictive emission standard of performance for a new 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 

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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 a hazardous air contaminant i promulgated under section 112 of the 

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, but this 

standard may not be mor restrictive in tenus of emission limitations than the federal s dard except as provided under sub. (4). 

Cross-referenc:e: See also c . NR 463, Wis. adm. code. 

(b) Standard to pro tee public health or welfaw. If an emission 

standard for a hazardous ir contaminant is not promulgated under 

section 112 of the federa clean air act, the department may promulgate an emission st dard for the hazardous air contaminant 

if the department finds t standard is needed to provide adequate 

protection for public hea or welfare. The department may not 

make this finding for a h rdous air contaminant unless the finding is supported with wr tten documentation that includes all of 

the following: 

I. A public health ri · assessment that characterizes the types 

of stationary sources in t is state that are known to emit the hazardous air contaminant a d the population groups that are potentially at risk from the em ssions. 

2. An analysis sho ing that members of population groups 

are subjected to levels o the hazardous air contaminant that are 

above recognized enviro mental health standards or will be subjected to those levels ifth department fails to promulgate the proposed emission standard for the hazardous air contaminant. 

3. An evaluation of ptions fOr managing the risks caused by 

the hazardous air conta ·nant considering risks, costs, economic 

impacts, feasibility, ene • safety, and other relevant faGt:ors, and 

a finding that the chosen compliance alternative reduces risks in 

the most cost--effective anner practicable. 

4. A comparison of e emission standards for hazardous air 

contaminants in this stat to hazardous air contaminant standards 

in lllinois, Indiana, Mic igan, Minnesota, and Ohio. 

(c) Restrictive standt rd The department may impose a more 

restrictive emission stan rd for a hazardous air contaminant than 

the standard promulgate under par. (a) or (b) on a case-by-case 

basis if a more restrictive standard is needed to meet the applicable 

lowest achievable emissi n rate under s. 285.63 (2) (b) or to install 

the best available contro technology under s. 285.63 (3) (a). 

(d) Emissions regula ed under federal law. Emissions limitations promulgated under par. (b) and related control requirements 

do not apply to hazardo s air contaminants emitted by emissions 

units, operations, or acf ities that are regulated by an emission 

standard promulgated u der section 112 of the federal clean air 

act, including a hazardo s air contaminant that is regulated under 

section 112 of the fed 1 clean air act by virtue of regulation of 

another substance as a s rrogate for the hazardous air contaminant 

or by virtue of regulatio of a species or category of hazardous 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 if the coal-powered car ferry 

does not burn coal wit a higher sulfur content than the coal 

burned before May 2, I 90. 

(4) iMPACT OF CHAN E IN FEDERAL STANDARDS. If the standards 

of perfonnance 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 not provide adequate protecti n for public health and welfare. The 

department may not m e this fmding for an emission standard for 

a hazardous air contami ant unless the finding is supported with 

the written documentati n required under sub. (2) (b) 1, to 4. This 

Updated 09-10 Wis. Stats. Database 6 

subsection applies to state standards of performance for new stationary sources and emission standards for hazardous air contaminants in effect on April 30, 1980, if the relaxation in the corresponding federal standards occurs after April 30, 1980. Cnns-refenmce: See also s. NR 462.0 IS, Wis. adm. code. 

History: l995 a. 227 s. 474, 989; 2003 a. 118. 

Cross-referen~e: See also NR 400-. Wis. adm. code. 

'fhe promulgation of emission 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 of the area under section 169A of the 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 identified under section 1 69A of the federal 

clean air act. 

(2) CONSIDERAllONS. In specifying the best available retrofit 

technology, the department shall consider: 

(a) The cost of compliance. 

(b) The existing pollution control technology in use at the 

source. 

(c) The remaining useful life of the source. 

(d) The degree of improvement in visibility which may be 

anticipated to result from the use of various 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 of vehicle engine affected and may not be more stringent than 

those required by federal law at the time of the vehicle's manufacture. The limitations shall be adopted and periodically revised 

upon consideration of the 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 established by the federal act. 

(b) The emissions levels attainable by reasonable preventive 

maintenance practices relating to installed emission control 

equipment and devices for each model year, size and type of motor 

vehicle affected. 

(c) The requirements for eligibility for a manufacturer's warranty under section 7541 (b) of the federal act. 

(d) The requirements of the federal act. 

(3) COlJNTIES WHERE INSPECTIONS REQUIRED. Jfthe department 

finds that air quality within a county will not meet one or more 

applicable primary or secondary ambient air quality standards by 

any deadline established by the tederal act, or that these standards 

will not be maintained in the county after any deadline established 

by the federal act and that inspection of emissions from motor 

vehicles in any part of the county is required by federal law to 

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attain or maintain these standards, the department shall certifY this 

finding to the department of transportation. 

(4) TERMINATION. If the department finds that air quality 

within a county specified in a certification under sub. (3) has 

attained all applicable ambient air quality standards and that these 

standards will be maintained in the county or that control of motor 

vehicle emissions is no longer required by federal law for attainment and maintenance of these standards, the department shall 

notify the department of transportation that the county is withdrawn 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 of a model year of 1995 or earlier. 

(b) A motor vehicle of a model year of2006 or earlier that has 

a gross vehicle weight rating exceeding 8,500 pounds, as determined by the manufacturer of the vehicle, and a motor vehicle of a model year of 2007 or later that has a gross vehicle weight rating 

exceeding 14,000 pounds, as detennined by the manufacturer of 

the vehicle. 

(c) A motor vehicle exempt from registration under s. 341.05, 

except that a motor vehicle ovmed by the United States is not 

exempt unless it comes under par. (a). (b). (d), (e). (f). (g). (h). OJ. or (k). 

( d} A motor vehicle of a model year of 2006 or earlier that is 

powered by diesel fuel. 

(e) A new motor vehicle not previously registered in any state. 

( t) A motor vehicle for which inspection, in the judgment 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-road utility 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 or mechanism of a motor vehicle. 

3. ''Tamper" means to dismantle, to remove without replacing 

with an identical or comparable tested replacement device or to 

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 or may tamper with air pollution control equipment. 

(c) Ineligibility for motor vehicle registration. Except as permitted or authorized by rule of the department, if any person tampers with the air pollution control equipment of a motor vehicle, 

that vehicle is ineligible for motor vehicle registration until the air 

pollution control equipment is replaced, repaired or restored to 

good working order. 

(d) Suspension or cancellation of motor vehicle registration. 

Except as pennitted or authorized by rule of the department, if the 

owner of a motor vehicle tampers with or causes or knowingly 

penni!:! any person to tampeF with the air pollution control equipment, the motor vehicle registration for that vehicle may be suspended or canceled in addition to any other penalty provided by 

Jaw. 

(e) Rule making. The department shall promulgate rules that 

specify the requirements for the inspection of motor vehicles for 

the occurrence of tampering with air pollution control equipment. 

History: 197! c. !64 s. 81: 1977 c. 29 s. 1654 (7) (b); 1979 c. 34 s. 2102 (39) (g): 

1979 c. 274: 1981 c. 390: 1983 a. 243; 1987 a. 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 also ch. NR 485. Wis. adm. code. 

AIR POLLUTION 285.33 

285.31 Gasoline vapor recovery. (1) DEFINITtONS. In this 

section: 

(a} 'XJasoline dispensing facility" means a place where gasoline is dispensed to motor vehicle gasoline tanks from stationary 

storage tanks. 

(b) .. Retail station" means a gasoline dispensing facility where 

gasoline is sold at retail. 

(c) "Vapor control system'' means a system that gathers vapors 

of organic compounds. including gasoline and benzene, released 

during the operation of transfer, storage or processing equipment 

and processes the vapors to prevent their 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 of a retail station that is located in an ozone nonattainment area with a classification under 42 USC 7511 (a) of moderate or worse to install and operate a vapor control system that is 

approved by the department on the equipment that is used to dispense gasoline to a motor vehicle gasoline tank or other fuel tank. 

(b) The department shall establish vapor recovery efficiency 

standards fOr vapor control systems approved under par. (a). The 

department shall use nationally recognized methods to detennine 

the vapor recovery efficiency of vapor control systems. 

(4) IMPLEMENTATION OF REQUIREMENTS. (a) The rules promulgated under sub. (3) shall have an effective date of November 15, 

1992. The rules shall epply the requirements under sub. (3) beginning on November 15, 1993, except that the requirements under 

sub. (3} shall apply beginning on May 15, 1993, to retail stations 

the construction of which 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, if construction of the 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 by 42 USC 75lla (d) (I) (8). 

(b) The department may, by rule, detennine areas ofthe state, 

other than 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 document issued under par. (a) is not a rule. A document issued under 

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 under 42 USC 7408 

(f). 

(b) The rules under par. (a) shall establish reasonable limits on the direct and indirect expenses that an employer may be required 

to incur to comply with the rules. The rules shall specify a limit 

for each of the 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 a worksite. 

(3) COMPLIANCE PLANS. (a) Except as provided under sub. (4} 

or (5), if an employer is 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

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285.33 

employer shall submit to the department, no later than Novem~ 

ber 15. 1994, a plan that monstrates that the employer will comply with the rules no !at than November 15, 1996. 

(b) The department m y not require 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 

employer is considered to meet the requirements of this section if 

the employer's complian e plan is approved by the department 

and the employer makes asonable efforts to implement the compliance plan. 

(4) ALTERNATIVE CON ROL PLAN. (a) Instead of submitting a 

compliance plan under . (3) (a), ao eroployer may submit to the 

department a plan for an lternate control program that provides 

for any of the following: 

1. Air quality benefi similar to a compliance plan under sub. 

(3) (a), as determined by the department. 

2. A reduction of e issions of volatile 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 of the emissions 

of volatile organic com unds that would be achieved under a 

compliance plan under s b. (3) (a). 

3. A reduction of e issions of volatile 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 of the 

emissions of volatile org ic compounds that would be achieved 

under a compliance plan der sub. (3) (a). if the emissions reduc~ 

tion is included in an op tion pennit under s. 285.60 or another 

document that is enforce ble by the federal government. 

(b) Notwithstanding any other provision of this section, an 

employer with an altern e control plan under par. (a) 1. or 2. that 

is approved by the dep ent is considered to meet the requirements of this section ift e employer makes 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 suspend the progr under this section. 

(b) If the U.S. congre s bas passed and the president bassigned 

legislation that eliminat s or suspends the requirement for an 

employee trip reduction rogram under42 USC 75lla (d) (I) (B), 

the governor may susp d the program under 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. In this 

section: 

(a) ""Clean altemativ fuel" has the meaning given in 42 USC 

7581 (2). 

(b) "'Clean~fuel ve 'cle" has the meaning given in 42 USC 

7581 (7). 

the meaning given in 42 USC 7581 (5). 

department shall issue documents that 

describe the areas of th state in which clean~fuel vehicle programs are required und r 42 USC 7511a (c) (4) (A). 

(b) The department ay, by rule, determine areas of the state, 

other than areas descri d under par. (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) and 227.10 (I) a document 

issued under par. (a) is ot a rule. A document issued under par. 

(a) may be reviewed u er ss. 227.42 and 227.52. 

(3) REQUIREMENTS. The department shall promulgate by rule 

requirements tOr the us of clean-fuel vehicles and clean alterna~ 

tive fuels by operators f covered fleets in areas identified under 

sub. (2) (a) or (b). T e rules shall be in accordance with the 

Updated 09-10 Wis. Stats. Database 8 

requirements applicable to covered fleets under 42 USC 7586 and 

regulations promulgated under 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 emissions of volatile organic compounds and toxic air pollutants as provided in 42 USC 7545 (k) (I) to (3). 

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

describe the areas of the state in which the use of reformulated gasoline is required under 42 USC 7545 (k) (5). 

(b) The department shall issue documents that describe areas 

of the state, other than areas described under par. (a) or (c), in 

which the use of reformulated gasoline is required, if the governor 

designates the areas in an application under42 USC 7545 (k) (6) 

that is approved by the administrator of the federal environmental 

protection agency. 

(c) The department may. by rule, determine areas of the 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 of reformulated gasoline in an 

area unless that requirement is authorized under s. 285.11 (6). 

(d) Notwithstanding ss. 227.oi (13) aod 227.10 (I). a document issued under par. (a) or (b) is not 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 of the administrator of the 

federal environmental protection agency, may grant temporary 

waivers from the prohibition under par. (a) if fuel that satisfies the 

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 accommodation and replenishment. (1) GROWTH ACCOMMODATION 

CALCULATION. (a) The growth accommodation for any specified 

year, as calculated by the department, is the predicted emissions 

specified in par. (b) minus the sum of: 

I. Net actual emissions specified in par. (c); 

2. Net certified accommodation credits specified in par. (d); 

3. Net offset credits specified in par. (e); and 

4. Set asides specified in par. (f). 

(b) Predicted emissions are the total predicted annual emissions of volatile organic compounds in the volatile organic compound accommodation area necessary to attain and maintain the 

ambient air quality standard for ozone for the year 2 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 

of all volatile organic compounds in the volatile organic com~ 

pound accommodation area for the year 2 years before the speci~ 

fied year as reported under sub. (2) (a) minus: 

l. The sum of the annual emissions of volatile organic com~ 

pounds attributable to shutdowns of facilities in the volatile 

organic accommodation area during the previous year; and 

2. lf a rule has been promulgated under sub. (3), the sum of 

the annual emissions reductions of volatile 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 of volatile organic compounds for the year 2 

years before the specified year attributable to the sources receiv2009-10 Wis. Stats. cl tabase updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 are printed as if currenUy In effect. Statutory changes etfecUve after 9-1-11 are designated by NOTES. 

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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 of all allowable emissions of 

volatile organic compounds authorized to date attributable to 

sources subject to 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 a plan approved by the U.S. environmental 

protection agency under 42 USC 7502 (a) or in reports submitted 

to the U.S. environmental protection agency under the plan minus 

the sum of the actual annual emissions of volatile organic compounds tOr the year 2 years before the specified year attributable 

to sources subject to an annual volatile organic compounds emission limitation that is specified in an air pollution control pennit 

to operate under an emission reduction option or specified as an 

emissiOn credit under a planilpproved by the U.S. environmental 

protection agency under 42 USC 7502 (a) or in reports submitted 

to the U.S. environmental protection agency under the plan. 

(f) Set asides are: 

I. Fifteen percent of the annual emissions of volatile organic 

compounds attributable to shutdowns of tRcilities in the volatile 

organic compound accommodation area since January 1, 1987; 

and 

2. If a rule has been promulgated under sub. (3), 15% of the 

sum of the annual emissions reductions of volatile organic compounds attributable, since January 1, 1987, to the sources subject 

to the rule promulgated under sub. (3). 

(2) ANNUAL REPORTS. The department shall prepare an annual 

report by January 15, which may be combined with other reports 

published by the departmen~ that: 

(a) States, on a calendar year basis, the total annual emissions, 

for the year 2 years before the year in which the report is prepared, 

of all 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 of ozone in the troposphere. 

(b) Includes an annual plan for the management of the volatile 

organic compounds growth accommodation and replenishment 

and the growth accommodation replenishment grant program. At 

a minimum, the plan shall: 

1. Indicate the amount of the growth accommodation at the 

beginning of the year. 

2. ofndicate the likely amount of the growth accommodation 

at the end of the year. 

3. Report the status of the development and implementation 

of plans or rules 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 of volatile 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 of architectural coatings, based upon the type of coating or the use to which a coating 

is put. if it would be technically impractical to prohibit a category 

of architectural coating. The proposed rules shall include a provision to allow for the limited sale and use of the supplies of prohibited architectural coatings that retailers and suppliers in the volatile organic compound area already have in stock at the time of 

promulgation of the 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 of cleaning solvents containing volatile 

organic compounds that were purchased before the effective date 

of the proposed rules. 

(4) REPORT ON NEW REPLENISHMENT MECHANISMS. After expiration of the replenishment implementation period, if the department reports under sub. (2) (b) I. or determines at any other time 

that the growth accommodation is less than 3,500 tons, the department shall, with the advice of the department of safety and professional services, submit a report to the chief clerk of each house of 

the legislature for distribution to the appropriate standing committees of the 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 of this state's state implementation plan with respect to the 

effect of emissions from inside and outside the volatile organic 

compound accommodation area on the ambient air quality within 

the area. 

(5) CONTINGENT RESTRICTIONS 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 exceed 2,500 tons in the report under sub. (2) 

(b) 1. for the following year because of the inadequacy of replenishment activities at the time or because of facility shutdowns, the 

department shall implement the rules that specifY emission limitations for emissions of volatile 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 implement the emission limitations by 

source category. For the purpose of this section, the department 

shall determine a source category according to the type and level 

of emissions. 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 of implementation, cost-effectiveness and the relative equity 

of imposing a limitation upon a source category, given any prior 

limitations of emissions imposed upon that source category. To 

the extent feasible, the emission limitations shall provide affected 

sources the opportunity to choose to be subject to 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 Sulfur dioxide emission rates after 1992; major 

Utilities. (1) DEFINITIONS. In this section: 

(a) "Annual emissions" means the number of pounds of sulfur 

dioxide emissions from all boilers under the ownership or control 

of a major utility in a given year. 

(b) "Annual heat input" means the heat input, measured in millions of British thennal units. from all boilers under the ownership 

or control of a major utility 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 of the 

various units under the ownership or control of a major utility in 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutoly changes effective 

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285.41 AIR POLLUTION 

a manner that minimizes the discharge of sulfur dioxide emissions 

rather than minimizing the cost of operation. 

(f) "Major utility" means a Class A utility, as defined under s. 

199.03 (4), which generates electricity or an electrical cooperative 

a_<;sociation organized under ch. 185, if the 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 of sulfur dioxide 

emissions in a given year that a major utility 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 of heat input from all boilers under the ownership or control 

of a major utility for any year may not exceed 1.20. 

(b) 1. Two major utilities may enter into an agreement for trading emissions unless the ~"'Urn of the proposed traded emissions and 

the projected annual emissions of the grantor major utility for the 

year to which the agreement will apply would exceed the actual 

annual emissions of the grantor major utility in 1985. 

2. To determine whether the major utility that is the grantor 

in an agreement under subd. I. is in compliance with par. (a) in a 

given year, the department shall add the traded emissions and the 

grantor's annual emissions and divide the sum by the annual heat 

input of the grantor. 

3. To determine whether the major utility 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 1 of each 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 order to be used in placing the boilers into operational 

production. 

b. The planned maintenance schedule for each boiler and how 

the maintenance is expected to affect the methods of meeting electricity demands. 

4. The amount and sulfur content of coal, other fossil fuel or 

other materials to be used for each boiler in operational production. The sulfur content shall be expressed in pounds of sulfur 

dioxide per million British thermal units of heat input. 

5. The anticipated sulfur dioxide emissions from each boiler. 

6. Contingency plans tOr unexpected events or increased 

demand including a summary of generation costs and the anticipated additional costs tOr reducing sulfur dioxide emissions under 

those circumstances. 

7. The methods that will be used to achieve compliance with 

sub. (2) (a) in the tOllowing year including, if applicable, the provisions of any trading agreement under sub. (2) (b) 1. 

8. The total anticipated annual sulfur dioxide emissions from 

all boilers under the ownership or control of the major utility for 

each of the next 3 years. 

(b) Review. The department shall review the adequacy of each 

compliance plan and, after consulting with the commission, shall 

approve or disapprove 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 request to the commission and the departUpdated 09-10 Wis. Slats. Database 10 

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

285.83 that the major utility has violated sub. (2) (a). Upon receipt 

of a request, the commission shall, within 45 days, determine if 

any of the following variance conditions exists and shall report its 

determination to the department: 

1. A major electrica1 supply emergency within or outside this 

state. 

2. A major fuel supply disruption. 

3. An extended and unplanned disruption in the operation of 

a nuclear plant or low ~'lllfur coal-fired boiler under the ownership 

or control of the major utility. 

4. The occurrence of an uncontrollable event not anticipated 

in the plan submitted under sub. (3). 

5. A plan by the major utility to install and place into operation 

new technological devices that will enable it to achieve compliance with sub. (2) (a). 

(b) Compliance plan required. With the request for a variance, 

the major utility shall submit its plan for achieving compliance 

with the emission rate. If the request is based on a variance condition specified under par. (a) 1. to 4., the request shall include an 

explanation of why the major utility cannot achieve or remain in 

compliance by using fuel with a lower sulfur content or by environmental dispatching. 

(c) Grant qf variance. The department shall grant a request for 

a variance if the commission detennines that a variance condition 

exists and the department determine"::-; that the major utilitfs compliance plan is adequate. 

(d) Denial of variance. The department shall deny a request 

for a variance if the commission determines that no variance condition exists or if the department detennines that the major utility's 

compliance plan is not adequate. 

(e) Tune limitji>r response. The department shall grant or deny 

a request for a variance within 90 days after its receipt of the 

request. 

(5) No IMPACT ON OTHER PROVISIONS. Nothing in this section 

exempts a major utility from any provision of ss. 285.01 to 285.39 

or 285.51 to 285.87. Compliance with this section is not a defense 

to a violation of any of those provisions. 

(6) DETERMINATION OF COMPLIANCE. The department shall 

determine compliance with suh (2) (a) using data submitted by 

the major utilities. Each major utility shall provide the 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 $1 00,000 nor more than 

$500,000 for each year of violation. 

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 

of pounds of sulfur dioxide emissions per million British thennal 

units of heat 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 the department with any infonnation needed 

to determine compliance. 

(3) NONCOMPLIANCE; REPORT REQUIRED. Noncompliance 

report required. lf the department detennines that any large 

source owned by this state is not in compliance with sub. (I), the 

department shall submit to the governor and to the chief clerk of 

each house of the legislature, for distribution to the appropriate 

standing committees under s. 13.172 (2), a report of the 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 updated and current through 2011 Wis. Act 39 and July 25,2011. Statutory changes effective 

on or prior to 9-1-11 are printed as if currently in effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

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Electronic reproduction of2009-10 Wis. Stats. database. current through 2011 Wis. Act 39 and July 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. In this section: 

(a) "Large source" means a stationary source in this state, other 

than a fossil fuel-fired boiler under the ownership or control of a 

major utility, that had sulfur dioxide emissions averaging at least 

1,000 tons annually in the most recent 5-year period, that became 

operational before May 2, 1986, and that is not a boiler subject to 

the standard of perfOrmance 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. It is the goal of thisstate that, beginning with 1993, 

total annual sulfur dioxide emissions do not exceed the following: 

(a) From all major utilities and large sources, 325,000 tons. 

(b) From all fossil fuel-fired boilers under the ownership and 

control of the 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 sulfur dioxide emissions from all 

major utilities and large sources exceeded 325,000 tons in the previous year, or if the department projects, based on the amounts 

anticipated by the major utilities under s. 285.41 (3) (a) 8. and the 

department's estimates of emissions from large sources, that the 

total sulfur dioxide emissions in this state will exceed 325,000 

tons in any of the 3 succeeding years. the department shall determine if the actual or projected excess emissions are or will be 

attributable to the major utilities, the large sources or both. 

(b) I. If the 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 whether the goal specified under 

sub. (2) (b) should be replaced with an enforceable limit. If so, the 

report shall include the department's reconunendation 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 submit the report required tmder this 

paragrllflh to the chief clerk of each house of the legislature, for 

distribution to the appropriate standing committees uJKier s. 

13.172 (3). 

(c) I. If the department detennines that the excess emissions 

are or will be attributable to the large sources, the department 

shall, after consulting with the conunission, prepare a report containing a recommendation as to whether the goal specified under 

sub. (2) (c) should be replaced with an enfOrceable limit. If so, the 

report shall include the department's recommendation for a costeffective mechanism for ensuring compliance with the limit. The 

department shall hold a public hearing on the report. 

2. The department shall submit the report required under this 

paragraph to the chief clerk of each house of the legislature, for 

distribution to the appropriate standing committees ui'Kler s. 

13.172 (3). 

(d) If the department detem1ines that the excess emissions are 

or will be attributable to both the major utilities and the large 

sources, the department shall comply with 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. In this section, "major utility" has the meaning 

given ins. 285.41 (I) (f). 

(2) GoAL. It is the goal of this state that, beginning with 1991, 

the total annual nitrogen oxide emissions from all major utilities 

do not exceed 135,000 tons. 

History: 1985 a. 296: 1987 a. 186; I 995 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 environmental protection agency 

before October 29, 1999, or after that date arising out of a call 

issued before that date, including a call issued after that date pursuant to a federal court order or otherwise. 

(b) "Electric cooperative'' has the meaning given ins. 76.48 

(!g) I C). 

(c) "Midcontinent area" has the meaning given ins. 16.958 (1) 

(e). 

(em) "Nonutility stationary or mobile source" means a stationary or mobile source that is not an electric generating facility 

owned by a 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) "Other county" means a county that 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 of atmospheric ozone in another state. 

(h) "Summer" means the period beginning on May I and ending on September 30 of each year. 

(2) APPLICABILITY. This section applies if the department of 

natural resources, pursuant to a call, issues a state implementation 

plan that requires electric generating facilities in the midcontinent 

area of this state to comply with nitrogen oxide emission reduction 

requirements. If the department of natural resources issues such 

a plan, the department of natural resources shall notifY the department of administration and the public service commission. The 

notice shall specify the date on which electric generating facilities 

in the midcontinent area of this state are required to comply with 

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 of atmospheric ozone in another state pursuant to a call, the department may not, in a state implementation 

plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any 

of the following: 

I. Require less than 2.234 tons, or the greater number of tons 

determined under par. (d) 1., in total nitrogen oxide emissions 

each summer from all electric generating facilities located in 

northwestern counties that are owned by electric cooperatives. 

2. Require less than 315 tons, or the greater number of tons 

detennined under par. (d) L, in total nitrogen oxide emissions 

each summer from all electric generating facilities located in 

northwestern counties that are owned by public utilities. 

3. Require less than 15,157 tons, or the greater number of tons 

determined under par. (d) 1., in total nitrogen oxide emissions 

each summer from all electric generating facilities located in other 

counties owned by public utilities or electric cooperatives. 

(b) The department shall issue emissions allowances in a number that is sufticient to allow the emissions specified in par. (a). 

(c) In establishing nitrogen oxide emission reduction requirement') tOr the control of atmospheric 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 of control 

strategies, establish nitrogen oxide emissions standards or limitations that do any of the following: 

1. Require any reductions in nitrogen oxide emissions for any 

boiler, turbine or internal combustion engine the designed heat 

input of which is 250 million British thennal units per hour or less. 

2009-'10 Wis. Slats. database updated and current through 20t1 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 are printed as If cu"ently In effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

See Are The Statutes on this Website Official? 
Electronic reproduction of200'}-IO Wis. Slats. database. current through 2011 Wis. Act 39 and July 25, 20 II. 

285.48 AIR POLLUTION 

2. Require reductions of nitrogen oxide emissions that are in 

addition to those reductions required by or projected for nonutility 

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 of nitrogen oxide emis~ 

sions from nonutility stationary or mobile sources in this state due 

to this section, including the reduction requirements under par. 

(a). 

(d) If the department of natural resources implements a state 

implementation plan specified in sub. (2) in a manner that requires 

reductions in nitrogen oxide emissions that are lower than the 

reductions set fOrth in the call published on October 27, 1998, the 

department of natural resources shall do each of the following: 

1. Determine the amounts by which the number of tons 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 related emissions 

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 lower reductions. 

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 and provide notice of the decreased amount to the public service commission. 

4. Determine the amount by which the $2,500,000 that is 

transferred to the air quality improvement fund under s. 16.958 (2) 

(a) shall be decreased to reflect the lower reductions and provide 

notice of the decreased amount to the department of administration. 

(4) LOW--L"lCOME WEATHERIZATION AND ENERGY CONSERVAllON 

MEASURES; RENEWABLE ENERGY USES. The department shall ensure 

that at least 866 tons of total annual reductions in nitrogen oxide 

emissions required under the state implementation plan are achieved through any of the following: 

(a) The usc of renewable energy, including renewable energy 

that is provided by electric providers for the purpose of complying 

with the requirements of s. 196.378 (2) (a) 2., or renewable energy 

that is used under programs under s. 196.374. 

<b) The implementation of low-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 a market-based trading program for 

the purchase. sale and transfer of nitrogen 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 in this state, regardless 

of whether the source is subject to nitrogen oxide controls under 

a state implementation plan, to be purchased, sold or transferred 

under the trading program. 

History: 1999 a. 9. 

SUBCHAPTER VI 

WASTE INCINERATORS: OZONE DEPLETING 

SUBSTANCES; EMISSION LL\IITS 

AND OTHER REQUIREMENTS 

Updated 09-10 Wis. 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 a program for the 

certification of persons participating in or responsible for the 

operation of solid waste treatment facilities that bum solid waste. 

The certification requirements shall take effect on January 1, 

1993. The department shall do all of the following: 

(a) Identify those persons or positions involved in the operation of a solid waste treatment facility who are required to obtain 

certification. 

(b) Establish the requirements fur and tenn of initial certification and requirements for recertification upon expiration of that 

term. At a minimum, the department shall require applicants to 

complete a program of training and pass an examination in order 

to receive initial certification. 

(c) Establish different levels of certification and requirements 

for certification for different sizes or types of facilities, as the 

department determines is appropriate. 

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

(e) Require that there be one or more certified operators on the 

site of a solid waste treatment facility at all times during the facility's hours of operation. 

(3) The program under sub. (2) does not apply with respect to 

any of the following: 

(a) A facility described ins. 287.D7 (7) (bg). 

(b) A solid waste treatment t'acility for the treatment of hazardous waste. 

(c) A solid waste treatment facility for high-volume industrial 

waste as defined ins. 289.01 (17). 

(d) A solid waste treatment facility of a 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 of the 

department. 

(5) The department may suspend or revoke 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 a certified operator on the site as required under sub. (2) (e). 

(6) The department may suspend or revoke an operator's certification for t3.i1ure to comply with this chapter, rules promulgated under this chapter or conditions of operation made applicable to a solid waste 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) TESTING FOR 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 of 5 tons or 

more per day. 

(b) Requirements. l. A person operating or respomiblc for the 

operation of a medical waste incinerator described in par. (a) shall 

test emissions of particulates, dioxins, furans, arsenic. lead, hexavalent chromium, cadmium, mercury and any other hazardous 

substance identitied by the department by rule, at least as often as 

follows: 

a. During the initial 90·-day period of operation. 

b. One year following the initial 9o--day period of operation. 

c. Every 2 years following the testing under subd. l. b. 

2. A person operating or responsible for the operation of a 

medical waste incinerator described in par. (a) shall report the 

results of the testing under subd. 1. to the department and the city, 

village or town in which the medical waste incinerator is located. 

2009-10 Wis. Stats. database updated and current throUgh 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 are printed as If cu"enUy In effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

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13 Updated 09-10 Wis. 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 or town in which the medical waste incinerator is located shall publish the analysis provided under subd. I. 

as a class 1 notice under ch. 985. 

3. The department may charge the person operating or 

responsible for the operation of the medical waste incinerator a fee 

for reviewing and preparing the analysis of the test results. 

(2) CONTINUOUS MONITORING. A person operating orresponsible for the operation of a 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, in accordance with rules promulgated unders. 287.03 (I) (am), on the operator of a medical waste incinerator located in the municipality to 

cover the costs incurred because of the presence of the medical 

waste incinemtor, including cost.;; of monitoring emissions and of 

providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not 

exceed $1 per ton of waste that is incinerated at the medical waste 

incine~tor unless the municipality and the operator of the medical 

waste incinerator agree to a higher fee. 

History: 1989 a. 335; 1995 a. 227; 1999 a. 150 s. 373~ Stats. 1999 s. 285.54. 

285.57 Emission of ozone-depleting substances. 

(1) DEFINITION. In this section, "class I substance" has the meaning given in 42 USC 7671 (3). 

(2) MEDICAL STERILIZERS. (a) The department shall evaluate 

the progress toward eliminating the use of class 1 substances in 

medical sterilizers. The department shall complete the evaluation 

no later than August I, 1994. 

(b) Based on the results of the evaluation under par. (a). the 

department shall promulgate a rule that prohibits the use of class 

I substances in medical sterilizers or, if no 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 department may tOllow the procedures for 

the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (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 of violation 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-depleting refrigerant" has the meaning given ins. 

100.45 (1) (d). 

(b) •"State agency" meaDs any office, department, agency, 

institution of higher education, association, society. or other body 

in state government created or authorized to be created by 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 of Wisconsin 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 equipment in the course of which 

ozone-depleting refrigerant is or may be released or removed 

unless the person certifies all of the following to the department: 

(a) That the person uses equipment that is approved by the 

department to transti!r owne-depleting refrigerant from mechanical vapor compression 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 of individuals 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) After June 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 to the 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-depleting refrigerant 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 that occur as a result of efforts 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 of efforts to transfer ozone-depleting refrigerant into 

mechanical vapor compression refrigeration equipment or other 

storage tanks. 

(b) Any person who transports, for purposes of salvaging 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 not apply to an individual who transports his or her personal mechanical vapor compression refrigeration equipment. 

(5) DEPARTMENT DUTIES. The department shall do all of the 

following: 

(a) Promulgate rules for the administration of this section 

including establishing all of the following: 

I. Qualifications, which may include training or certification 

requirements, for individuals who use equipment to transfer 

ozone-depleting refrigerant from mechanical vapor compression 

refrigeration equipment into storage tanks. 

2. Fees to cover the cost of administering subs. (2), (3) and (4) 

(b). 

(b) Approve equipment tOr the transfer of ozone-depleting 

refrigerant from mechanical vapor compression refrigeration 

equipment into storage tanks. 

(6) DEPARTMENT POWERS. The department may promulgate 

rules providing that any portion of sub. (2), (3) or (4) applies with 

respect to a substance used as a substitute for an ozone-depleting 

substance. 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 are printed as if currently in effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

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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 partment may follow the procedures for 

the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (2), (3) (c) or (4). 

(8) PENALTIES. (a) ny person who violates sub. (2) shall be 

required to forfeit not le than $100 nor more than $1 ,000. Each 

act of salvaging or dism ntling in violation of sub. (2) constitutes 

a violation. 

(b) Any person who iolates sub. (3) (c) shall be required to 

forfeit not less than $100 nor more than $1,000. Each sale, giving 

or transporting in violati n of sub. (3) (c) constitutes a violation. 

(c) Any person who 'olates sub. (4) shall be required to forfeit 

not less than $100 norm re than $1,000. Each release in violation 

of sub. (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 ction permit, I. Except as provided in 

sub. (2g), (3), (5rn), or ( ), no person may commence construction, reconstruction, repl cement, or modification of a stationary 

source unless the pers n has a construction pennit from the 

department. 

2. A construction rmit may authorize the initial operation 

of a stationary source fo a period specified in the pennit to allow 

testing of the stationary urce's equipment and monitoring of the 

emissions associated wi h the equipment. 

(b) Operation penni 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 may co tinuc to operate a new source or a 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 after November I , 1992, but the 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 an existing 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 permit for one r more points of emission from an existing source for which an peration permit is not required. No person may operate a statio ary source under an emission reduction 

option program unless th person has an operation permit from the 

department. If a person elects to apply for an operation permit 

under this paragraph, th election may not be withdrawn and the 

stationary source may n t be operated without the operation permit beginning on the dat that the operation permit is first issued. 

(2g) REGISTRATIONP RMITS. (a) Rules. Subject to sub. (8), the 

department shall promul ate rules specifying a simplified process 

under which the departm nt may issue a registration permit authorizing construction or o eration or both for a stationary source 

with low actual or poten al emissions if the owner or operator provides to the department, n a form prescribed by the department, 

sufficient information to show that the source qualifies for a registration permit. In the ru es, the department shall include criteria 

for identit)'ing categori s of sources 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 09-10 Wis. 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 after receipt of the form prescribed by the department, the department shall provide one of the 

following to an applicant for a registration permit: 

1. Written notice of the department's determination that the 

source qualities for a registration permit. 

2. A written description of any information that is missing 

from the application for a registration permit. 

3. Written notice of the 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 of gel)eral permits authorizing construction or operation or both for similar stationary sourceS. In the 

rules, the department shall specify criteria for identifying categories of sources for which the department may issue general permits and general requirements applicable to sources that qualitY 

for general pennits. In the rules, the department may exempt per~ 

sons who qualitY for a general permit from the requirement to 

obtain a construction permit. 

(b) Procedure. The procedural requirements ofss. 285.61 (2) 

to (8) and 285.62 (2) to (5) do not apply to the determination of 

whether a source is covered by a general permit under this subsec~ 

tion. Within 15 days after receipt of an application for coverage 

under a general permit, the department shall provide one of the 

following to the applicant: 

I. Written notice of the department's determination that the 

source qualifies for coverage under the general permit. 

2. A written description of any information that is missing 

. from the application for coverage under the general permit. 

3. Written notice of the 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. The department shall allow a person 

to make a change to a stationary source that has an operation permit, or for which the person has submitted a timely and complete 

application for an operation pennit, for which the department 

would otherwise first require an operation permit revision, without first requiring a revision of the operation penn it if the change 

is not a modification, as defined by the department by rule, and the 

change will not cause the stationary source to exceed the emissions allowable under the operation permit, whether expressed as 

an emission rate or in tenns of total emissions. Except in Ute case 

of an emergency, a person shall notify the department and, tOr permits required under the federal clean air act, the administrator of 

the federal environmental protection agency in writing at least 21 

days before the date on which the person proposes to make a 

change to a stationary source under this subsection. A person may 

not make a proposed change to a stationary source if the department informs the person before the end of that 21 ~day period that 

the proposed change is not a change authorized under this subsection. The department shall promulgate rules establishing a shorter 

time for advance notification of changes under this subsection in 

case of emergency. 

(5) EXEMPTION FROM ADDITIONAL PERMIT REQUIREMENTS FOR 

APPROVED RELOCATED SOURCES. (a) Approved relocated SOUrce. 

A source is an approved relocated source if all of the following 

requirements are met: 

I. The source is to be relocated within an attainment area. 

2. The source is a stationary source capable of being transported to a different location. 

3. The source received an air pollution control permit tOr the 

relevant air contaminant prior to relocation. 

4. The owner or operator of the 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 updaled and current through 2011 Wis. Act 39 and July 25, 2011. StatutOfY changes effective 

on or prior to 9-1-11 reprinted as If currently In effect. Statutory changes etfectlve aher 9-1-11 are designated by NOTES. 

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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 or ambient air 

quality standard. 

6. The source is not an affected source as defined in 42 USC 

7651a (!). 

(b) Exempt jrom additional permits. 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 allowed to commence construction, reconstruction, replacement, or modification of a stationary source prior to 

the issuance of a construction permit upon a showing that commencing construction, reconstruction, replacement, or modification prior to the issuance of the permit is necessary to avoid undue 

hardship. 

(b) Subject to sub. (8), the department may allow a person to 

commence construction, reconstruction, replacement, or modification of a stationary source prior to the issuance of a construction 

permit on a case-by-case basis or on bases specified in a rule. 

(c) The department shall act on a waiver request under this subsection within 15 days after it receives the request. 

(6) EXEMPTION BY RULE. (a) Notwithstanding the other provisions of this section the department may, by rule, exempt types of 

station~I)' sources from any requirement of this section if the 

potential emissions from thi sources 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 if the emissions from the sources do 

not present a significant hazard to public health, safety or welfare 

or to the environment. 

(7) CoMPLIANCE. A person who obtains a permit under this 

section shall comply with all tenns and conditions of the permit. 

(8) COMPLIANCE WITH FEDERAL LAW. The department may not 

promulgate a rule or take any other action under this 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 department to make 

a determination that a type of stationary 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 to a petition within 30 days after receiving the petition indicating whether the type of stationary source 

meets the applicable criteria for a registration permit. a general 

permit, or an exemption. If the type of source meets the applicable 

criteria, the department shall, within 365 days after receiving the 

petition, issue the registration permit or general permit or, for an exemption, shall submit to the legislative council staff under s. 

227.15 (I) in proposed fOrm any necessary rules 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 of equipment 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 of registration permits under sub. (2g), general 

permits under sub. (3 ), and construction permit waivers under sub. 

(5m). 

History: 1979 c. 34. 221; 1991 a. 302; 1995 a. 27; 1995 a. 227 s. 485; Srats. 1995 ~. 2ll5.60; I 997 a. 35; 200 I a. 16; 1003 a. I I 8. 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 for additional infom1Gtion. l. Within 20 days, excluding 

statewide legal holidays specified ins. 995.20, after receipt of the 

application the department shall provide written notice to the 

applicant describing specifically all of the plans, specifications, 

and any other information necessary to determine if the proposed 

construction, reconstruction, replacement, or modification will 

meet the requirements of this chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15. 

2. If the 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 considered to be complete. 1. If the 

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 of the 

time limits in sub. (3) 20 days after receipt of the application. 

2. If the department indicates to an applicant within the time 

provided in par. (a) 1. 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 considered to be complete for the purposes 

of the time limits in sub. (3) 15 days after receipt of the additional 

infom1ation. 

3. If neither subd. I. nor subd. 2. applies, an application is considered to be complete for the purposes of the time limits in sub. 

(3) when the 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 after the time 

limit in par .. ( a) I. or 2. 

(3) ANALYSIS. The department shall prepare an analysis 

regarding the effect of the proposed construction, reconstruction, 

replacement or modification on ambient air quality and a preliminary determination on the approvability of the construction permit 

application, within the following time periods after the application is considered to be complete under sub. (2) (b): 

(a) Major source constntction permits. For construction permits for major sources, within 90 days. 

(b) Minor source construction permits. For construction permits for minor sources, within 30 days. 

(4) DISTRIBUTION AND AVAILABILITY OF ANALYSIS, PRELIMINARY DETERMINATION AND MATERIALS. (a) Distribution and publicit}•. The department shall distribute and publicize the analysis 

and preliminary determination as soon as they are prepared. 

(b) Availability. The department shall make available for public inspection in each area where the stationarv source would be 

constructed, reconstructed, replaced or modified the following: 

l. A copy of materials submitted by the permit applicant; 

2. A copy of the department's analysis and preliminary determination; and 

3. A copy or summary of other materials, if any, 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 of the proposed construction, reconstruction, replacement 

or modification, a notice of the department's analysis and preliminary determination, a notice of the opportunity for public comment and a notice of the 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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statuto!)' changes effective 

on or prior to 9-1-11 are printed as if currently ;n effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

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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 or near the area which may be 

affected. 

5. Any person or gr up who requests this notice. 

(b) Announcement re uired The department shall circulate an 

announcement sheet co taining a brief description of the pro~ 

posed construction, reco struction, replacement or modification, 

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 have jurisdiction 

over the area that may b affected. 

2. Local and regio al news media in the area that may be 

affected. 

3. Persons and grou who have demonstrated an interest and 

have requested this type of information. 

(c) Newspaper no tic . The department shall publish a class 1 

notice under ch. 985 ann uncing the opportunity for written public comment and the op rtunity to request a public hearing on the 

analysis and prelimin determination. 

(6) PuBuc COMMEN . The department shall receive public 

comments on the propos d construction, 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) Hearing permitted. The department 

may hold a public heari on the construction permit application 

if requested by a person ho may be affected by the issuance of 

the pennit, any affected sate or the U.S. environmental protection 

agency within 30 days a er the deparhnent gives notice under sub. 

( 5) (c). A request for a ublic hearing shall indicate the interest 

of the party filing the est and the reasons why a hearing is war- ranted. The department shall hold the public hearing within 60 

days after the deadline r requesting a hearing if it deems that 

there is a significant pu ic interest in holding a hearing. 

(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 of the 

comments received unde subs. (6) and (7) and after consideration 

of the environmental im act as required under s. 1.11. 

(b) lime limits. The eparbnent sha11 act on a construction permit application within days after the close of the public com- ment period or the publi hearing, whichever is later, unless compliance with s. 1.11 requi sa longer time. For a major source that 

is located in an attainme t area, the department shall complete its 

responsibilities under s. .11 within one year. 

(9) MINING HEARING. If a hearing on the construction permit 

is conducted as a part of hearing under s. 293.43, the notice, comment and hearing provis ons in that section supersede the provisions of subs. (4) to (8). 

(10) EXTENSIONS. U on agreement between the department 

and an applicant, the de rtment shall extend any time limit applicable to the department nder this section. The department may 

not require an applicant t agree to extend a time period as a condition of approving an ap lication. 

(11) DELAY IN ISSUIN PERMITS. (a) Subject to sub. (10), if the 

department fails to act o an application for a construction permit 

within the time limit in b. (8) (b), the department shall include 

in a report the reasons fo the delay in acting on the application and 

recommendations for h w to avoid similar delays in the future. 

The department shall rna e reports under this paragraph available 

Updated 09-10 Wis. Stats. Database 16 

to the public, place a prominent notice of the reports on the department's Internet site, and submit the reports to the standing committees of the legislature with jurisdiction over environmental 

matters semiannually. 

(b) If the department fails to act on an application for a construction permit within the time limit in sub. (8) (b) and the applicant has not agreed to an extension under sub. ( 1 0). the department 

shall refund the fee under s. 285.69 (I) (a) that was paid by the 

applicant. 

History: 1979 c. 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 required to 

obtain an operation pennit for a stationary source shall apply to the 

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 of applications under this subsection. If required by the federal clean air act, the department shall 

provide a copy of the complete application to the federal environmental protection agency. 

(2) PLANS, SPECIFICATIONS AND OTHER INFORMATION. (a) 

Requestfor additional if!fonnation. I. Within 20 days, excluding 

statewide legal holidays specified ins. 995.20. after receipt of the 

application the department shall provide written notice to the 

applicant describing specifically any additional information 

required under sub. (1) necessary to determine if the source, upon 

issuance of the permit, will meet the requirements of this chapter 

and s. 299.15 and rules promulgated under this chapter and s. 

299.15. 

2. If the 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 considered to be complete. I. If the 

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 of the 

time limit in sub. (7) (b) 20 days after receipt of the application. 

2. If the 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 considered to be complete for the purposes 

of the time limit in sub. (7) (b) 15 days after receipt of the additional information. 

3. If neither subd. I. nor subd. 2. applies, an application is con~ 

sidered to be complete for the purposes of the time limit in sub. (7) 

(b) when the 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 information from an applicant after the 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 

of that review, the department shall prepare a preliminary determination of whether it may approve the application and a public 

notice. The public notice shall include all of the following: 

I. A brief description of the stationary source. 

2. The department's preliminary determination of whether it 

may approve the application. 

3. Notice of the opportunity for public comment and the date 

by which comments must be submitted to the department. 

4. Notice of the 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 updated and cummt through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 reprinted as ff currenUy In effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

See Are The Statutes n this Website Official? 
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17 Updated 09-10 Wis. Stats. Database 

(b) The department shall provide the notice prepared under 

par. (a) to all of the following: 

I. The applicant. 

2. Any local air pollution control agency that has a program 

under s. 285.73 that is approved by the department and that has 

jurisdiction over the 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 or group that requests the notice. 

5. Any city. village, town or county that has jurisdiction over 

the ares in which the stationary source is located. 

6. If required by the federal clean air act. the federal environmental protection agency. 

7. If required by the federal clean air act, any state that is 

within 50 miles of the stationary source and any state that is contiguous to this state and whose air quality may be affected by emissions from the stationary source. 

(c) The department shall publish the notice prepared under par. 

(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-day period beginning when 

the department gives notice under sub. (3) (c). 

(5) PUBLIC HEARING. (a) Hearing permitted. The department 

may hold a public hearing on an application for an operation permit for a stationary source if requested by any state that received 

notice under sub. (3) (b) or any other person, if the person may be 

affected by the issuance of the pennit, within 30 days after the 

department gives notice under sub. (3) (c). A request for a public 

hearing shall indicate the interest of the party filing the request and 

the reasons why a hearing is warranted. The department shall hold 

the public hearing within 60 days after the deadline for requesting 

a hearing if it determines that there is a significant public 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 a proposed operation pennit or deny the application for an 

operation pennit. lfthe criteria 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 of a proposed operation pennit to the federal environmental protection agency. If a 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 of its 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 of an operation permit that it determines 

is not in compliance with the federal clean air act or an implementation plan prepared under s. 285.11 (6). The department shall 

respond in writing to the objection if the federal environmental 

protection agency provides the reasons for the objection and sub~ 

mits the objection to the department and the applicant within 45 

days after receiving either a copy of the proposed operation permit 

under par. (a) or notice under par. (a) of the department's decision 

not to accept the recommendations of another state. 

(c) I. If the department receives an objection from the federal 

environmental protection agency under this subsection. the 

department may not issue the operation permit unless the departAIR POLLUTION 285.62 

ment revises the proposed operation permit as necessary to satisfy 

the objection. 

2. If the department has issued an operation permit before 

receiving an objection from the federal environmental protection 

agency that is based on a petition 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, by rule, 

from those requirements because the source is not required to 

obtain a permit under 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 or deny the operation permit application for an 

existing source. The department shall issue the operation pennit 

for an existing source if the 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-month period for specified existing sources by establishing a phased schedule for acting 

on applications received within one year after the 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 3 years. 

(b) The department shall approve or deny the operation penn it 

application for a new source or modified source. The department 

shall issue the operation permit for a new source or modified 

source if the criteria established under ss. 285.63 and 285.64 are 

met. The department shall issue an operation permit for a new 

source or modified source or deny the application within 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 of all equipment testing and emission monitoring required 

under the construction permit, whichever is later. 

(c) If required by the federal clean air act, the department shaH 

provide a copy of an operation permit to the federal environmental 

protection agency. 

(8) OPERATION CONTINUED DURING APPLICATION. (a) If a 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 of an operation permit 

until the department act.<; under sub. (7 ). 

(b) If a person submits an application for renewal of an operation pennit before 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 of an operation pennit 

until the department acts under sub. (7}, except that this paragraph 

does not apply in a situation in which its application would contravene the tederal clean air act. 

(9) DELAY TN ISSUING PERMITS. (a) If the department fails to 

issue an operation pennit or to deny the application within the 

period specified in sub. (7) or in a rule promulgated under sub. (7), 

that failure is considered a final decision on the application solely 

for the purpose of obtaining judicial 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), if the department fails to act on an 

application for an operation permit within the time limit under 

sub. (7) (b), the department shall include in a report the reasons for 

2009-10 Wis. Stats. database updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or (Wior to 9-1-11 are printed as if currently in effect. Statutory Changes effective after 9-1-11 are designated by NOTES. 

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285.62 

the delay in acting on e application and recommendations for 

how to avoid delays in th future in similar situations. The department shall make reports der this subsection available to the public, place a prominent n tice of the reports on the department's 

Internet site, and submit he reports to the standing committees of 

the legislature with juris iction over environmental matters semiannually. 

(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 enforcement actions based on vi lations of this chapter that occur before, on or after the date that t e operation pennit is issued. The inclusion of a compliance sch dule in an operation pennit does not preclude enforcement actio s based on violations of this chapter to 

which the compliance sc edule relates, whether or not the source 

is violating the complia ce schedule. 

(b) Unless precluded by the administrator of the federal environmental protection ag cy under 42 USC 7661 c (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 under the federal clean air act that are applicable to the stationary source as of 

the date of issuance oft e operation permit if the penn it includes 

the applicable emission I mitations or the department, in acting on 

the application tOr the o ration permit, determines in writing that 

the emission limitations o not apply to the stationary source and 

the operation permit inc udes that detennination. 

(11) OPERATION PER IT DATES. (a) Operation permit requirement date. The departm t shall promulgate by rule a schedule of 

the dates when an opera on pennit is required for various categories of stationary source . 

(b) 1. The departm t shall promulgate by rule a schedule of 

the dates when an opera ion permit application is required to be 

submitted for various ca egories of existing 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 any time limit applicable to the department nder this section. The department may 

not require an applicant agree to extend a time period as a condition of approving 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 llowed under s. 285.60 if it finds: 

(a) Source will meet quirements. The stationary source will 

meet all applicable emi sion limitations and other requirements 

promulgated under this c apter, standards of perfonnance for new 

stationary sources under s. 285.27 ( 1) and emission standards tOr 

ha7.ardous air contamin ts under s. 285.27 (2); 

(b) Source will not vi late or exacerbate violation of air quality standard or ambient ir increment. The source will not cause 

or exacerbate a violatio of any ambient air quality standard or 

ambient air increment u der s. 285.21 (1) or (2): 

(c) Other permits aP. rovable if source is operating under an 

emission reduction opti n. lf the 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 will not p elude constrnction or operation of other 

source. The stationary ource will not degrade the air quality in 

an area sufficiently to event the construction, reconstruction, 

replacement, modificati n or operation of another stationary 

source if the department received plans, specifications and other 

infonnation under s. 285.61 (2) (a) for the other stationary source 

prior to commencing its alysis under s. 285.61 (3) for the former 

Updated 09-10 Wis. 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 NON ATTAINMENT AREAS. The department 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 if the department finds that the 

major source meets the requirements under sub. ( l) and it finds 

that all of the following conditions are met: 

(a) Emission offsets. By the time the major source is to 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 of any ambient air quality 

standard will be achieved. 

(b) Lowest achievable 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 

meet requirements. All other major sources that are located in this 

state and that are owned or operated by the permit applicant or by 

any entity controlling, controlled by or under common control 

with the permit applicant, as detennined under s. 180.1140 (6), 

meet or are on schedule to meet the requirements of this chapter 

and s. 299.15 and rules promulgated under this chapter and s. 

299.15 and are in compliance with or are on schedule to come into 

compliance with all applicable emission limitations and emission 

standards under the federal clean ait act. 

(d) Analysis of alternatives. Based on an analysis of alternative 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 of the construction 

or modification of the major source significantly outweigh the 

environmental and social costs imposed as a result of the 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 

located in an attainment area if the department finds that the major 

source meets the requirements under sub. (I) and it finds: 

(a) Best available control technology. The source will be subject to the best available control technology for each applicable air 

contaminant; 

(b) Effects on air quality ana~vzed The effects on air quality 

as a result of the source and growth associated with the source 

were analyzed; 

(c) No adverse effect on air quality relawd values. The source 

will not adversely affect the air quality related values of any federal mandatory class I prevention of significant deterioration area; 

and 

(d) Monitoring. The permit applicant agrees to conduct monitoring specified by the department as necessary to determine the 

effects of the source on air quality. 

(4) EXEMPTION FROM REQUIREMENTS. The department may 

waive a requirement under 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 effect on air quality if the construction and operation or modification and operation of the 

source would result in an allowable emission of less than an 

amount specified by rule by the department. 

(5) CONDITIONAL PERMIT. The department may issue a conditional air pollution control penn it even if it finds that the source, 

as proposed, does not meet the requirements under subs. (I) to (3 ). 

If the department issues a conditional permit, it shall prescribe rea2009-10 Wis. Stats. da base updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

on or prior to 9-1-11 reprinted as if currently in effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

See Are The Statutes n this Website Official? 

"
Electronic reproduction of2009-l0 Wis. Stats. database, current through 2011 Wis. Act 39 and July 25, 2011. 

19 Updated 09-10 Wis. Stats. Database 

sonable permit conditions to assure that the source will meet the 

requirements under subs. (1) to (3) if it is constructed, reconstructed, replaced, modified or operated in accordance with those 

conditions. 

(6) EXEMPTION FROM REQUIREMENTS f'OR MODIHCATIONS. The 

department may waive a requirement under subs. (1) to (3) if the 

application is for the modification of a source, the source already 

has an air pollution control permit and the source already meets 

the requirements as a condition of that permit. 

(7) USE OF VOLATILE ORGANIC COMPOUND GROWTH ACCOMMoDATION. (a) Subject to 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). or both 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 of the following conditions: 

I. • The applicant demOnstrates to the satisfaction of the 

department that it is unable, through reasonable means which 

could include installation of the best available control technology, 

to eliminate its need for a growth accommodation credit by reducing emissions of volatile organic compounds from any stationary 

sources that it owns or operates in the volatile organic compound 

accommodation area. If the department determines that an applicant could, through reasonable means, reduce the amount of 

growth accommodation credit applied tOr by reducing emissions 

of volatile 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 to the amount requested by 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 year under s. 285.39 (2) (b) 1., after reduction by the amount of the proposed growth accommodation credit 

and any grov..th accommodation credits issued since the date of 

the report, is greater than 2,500 tons. 

4. If the growth accommodation reported for the current year 

under s. 285.39 (2) (b) 1., less a reduction by the amount of any 

growth.accommodation credjts issued since the date of the 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 of the 

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 of the report under 

s. 285.39 (2) (b). 

5. If the growth accommodation reported for the current year 

under s. 285.39 (2) (b) 1., after reduction by the amount of any 

growth accommodation credits issued since the date of the report 

under s. 285.39 (2) (b) 1., is greater than 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. If the growth accommodation reported for the current year 

under s. 285.39 (2) (b) 1.. after reduction by the amount ofthe proposed growth accommodation credit and any growth accomma-. 

dation credits issued since the date of the 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 of tB.cility shutdowns or replenishment activities 

under s. 285.39 that have occurred, the growth accommodation 

for the next succeeding year after reduction by the amount of the 

growth accommodation credit will be greater than 2,500 tons. 

9. An applicant shall inform the department of the date or 

dates when it will need to use any given amount of the growth 

accommodation credit. The department shall certify to the applicant the proper amount of the growth accommodation credit on 

the date which the applicant states it will need it and shall reserve 

the proper amount of the growth accommodation credit for certification to the applicant upon the date needed, except tOr any 

amount which is forfeited under sub. (8). The department may use 

reserved growth accommodation credits to certify temporary 

growth accommodation credits which expire on or before 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 issued under this subdivision may 

be certified from growth accommodation credits reserved by 

another source under subd. 9. 

(c) Nothing in this subsection grants the recipient of a growth 

accommodation credit a property right to emit volatile organic 

compounds. 

(d) Notwithstanding pars. (a) and (b) (intro.), the department 

may not grant use of the growth accommodation under this subsection for an air pollution control pennit application submitted 

after July I, I 992, 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 of an applicant a growth accommodation credit, and at least 

every 4 years thereafter, the department shall determine whether 

the certified or reserved growth accommodation credit is reasonably necessary for the applicant's current use and future plans. If 

the department determines that any amount of the 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 of the department that any amount 

of the certified or reserved growth accommodation credit is reasonably necessary for the applicant's future plans, the applicant 

shall forfeit an amount of the growth accommodation credit, as 

determined by the 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 of volatile organic compounds may be used in 

an emission reduction option program if: 

I. The program involves a grantee of emissions of volatile 

organic compounds that is different than the grantor of emissions 

of volatile organic compounds; and 

2. The emissions of volatile 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 

I 7, 1988, a stationary source whose actual 1980 emissions of volatile 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 

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285.63 AIR 

May 14. 1992. fora pe it required or allowed under s. 285.60 for 

the construction of a me ical waste incinerator or for the modification of a medical wast incinerator that expands the capacity of 

the medical waste in cine ator only if it finds that the new or modified medical waste incin rator will be needed and that the site of 

the medical waste incin tor is appropriate. 

(c) The departments all consider all of the following in evaluating the need for the pr posed medical waste incinerator: 

1. An approximate service area for the proposed medical 

waste incinerator that en ompasses all sources of waste that could 

potentially be burned · the medical waste incinerator. The 

department shall delinea e the service area based on the economics of waste collection, nsportation and treatment. 

2. The quantity of aste that could potentially be burned in 

the proposed medical aste incinerdtor and that is generated 

within the anticipated s ice area. 

3. The remaining c pacity or design capacity of other solid 

waste facilities, if those ilities are located within the anticipated 

service area of the prop sed medical waste incinerator and are 

currently providing or e expected to provide solid waste management for any sources of solid waste that could potentially be 

burned in the medical w te incinerator. 

4. The quantity of ·te having the potential to be burned in 

the medical waste incine tor that may be managed in an effective 

recycling program creat d under s. 287.11. 

5. The potential for educing the quantity of waste having the 

potential to be burned in the medical waste incinerator by reducing the amount of waste that is generated within the anticipated 

service area and the pot ntial for using alternative technologies 

for disposing of the was e. 

(d) The department ay not detennine that the site of a proposed medical waste in inerator is appropriate if the medical 

waste incinerator or the sportation of solid waste to the medical waste incinerator wil have an adverse effect that is both substantial and unreasonabl on any of the following: 

1. Existing recreati nalland uses. 

2. Land or surface ater that has any of the characteristics 

under s. 23.27 (2). 

3. Scenic vistas of s tewide significance. 

4. Residential prop rty. 

5. Schools, churche , hospitals, nursing homes, or child care 

facilities. 

6. Projected land us s identified in any municipal master plan 

or official map that is in ffect at least 15 months prior to the submission to the departme t of the pennit application, if the land 

uses are expected to oc r during the site life of the medical waste 

incinerator and any exp nsions of the medical waste incinerator. 

(e) The department s all promulgate rules for making the findings under par. (b). 

History: 1979 c. 34, 22 I; I I c. 3 !4 s. 146; 1985 a. I 82 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 nnit for a stationary source that does not 

comply with the requir ents in the operation pennit, in the federal clean air act, in ani plementation plan under s. 285.11 (6) or 

in s. 285.63 when the o ration pennit is issued if the operation 

pennit includes all ofth following: 

1. A compliance sc edule that sets forth a series of remedial 

measures that the owner or operator of the 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 every 6 months, the owner 

or operator of the statio ary source submit reports to the department concerning the pro ress in meeting the compliance schedule 

Updated 09-10 Wis. 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 department may 

not issue an operation pennit to a stationary source if the federal 

environmental protection agency objects to the issuance of the 

operation pennit as provided ins. 285.62 (6) unless the department revises the operation permit to meet the objection. 

(2) ONE~ YEAR MORATORIUM ON REVOCATION. (a) The department may not revoke an operation pennit for an existing source 

for one year after the issuance of that pennit based upon failure of 

the existing source at the time of permit issuance to comply with 

this chapter and s. 299.15 and rules promulgated under this 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 air pollution control permit to ensure compliance 

with this chapter and s. 299.15 and rules promulgated under this 

chapter and s. 299.15 and to ensunf compliance with the-federal 

clean air act if each condition is one of the following and if each 

condition is applicable to the source: 

(1) Final inspection and release of the project tOr permanent 

operation upon completion of construction, reconstruction, 

replacement or modification. 

(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 maintenance requirements and 

emergency episode plans. 

(5) Emission reduction options. 

(6) Documentation of the allocation of the available air 

resource. 

(7) The terms of any election by the permit applicant to meet 

more stringent emission limitations or to limit hourly, daily or 

annual emissions beyond what is otherwise required or to obtain 

an emission reduction option. 

(8) The terms for use of growth accommodation credits under 

s. 285.63 (7) or (8), including the dates that the source expects to 

use the credits. 

(9) Requirements concerning entry and inspection as provided ins. 285.19. 

(10) Monitoring, record-keeping. reporting and compliance 

certification requirements. 

(11) Requirements to submit compliance plans and sChedules 

and progress reports. 

(12) Conditions necessary to iJTiplement 42 USC 7651 to 

765lo and regulations under 42 USC 7651 to 7651o conCerning 

acid deposition control. 

(13) Other conditions applicable to the source under the federal clean air act. 

(14) Other requirements specified by rule by the 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 a construction pennit, the authorization to construct, reconstruct, replace, or modify a stationary 

source is valid for 18 months from the date of issuance of the permit unless the pennit is revoked or suspended. The department 

may extend the term of the authorization in the construction permit for the purposes of commencing or completing construction, 

reconstruction, replacement, or modification. Unless otherwise 

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21 Updated 09--10 Wis. Stats. Database 

specified in a construction permit. the department may only 

extend the tenn of the authoriz.ation in the penn it for up to 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 a new construction permit. Notwithstanding the fact that authorization to 

construct. reconstruct. replace. or modify a source expires under 

this subsection, all conditions in a construction permit are permanent unless the conditions arc revised through a revision of the 

construction pennit or through the issuance of a new construction 

permit. 

(2) OPERATION. (a) The department shall specify the term of 

an operation permit in the operation permit. The term of an opera~ 

tion permit issued under s. 285.62 or renewed under sub. (3) may 

not exceed 5 years from the pate of issuance or renewal. 

(b) Notwithstanding par. (a), the department may not specifY 

that coverage under a registration permit under s. 285.60 (2g) or coverage Wlder a general permit under s. 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 of an owner or operator. 

2. The department may specify a term of 5 years or longer for 

coverage under a registration permit or for coverage under a gen~ 

era\ pennit if the department finds that expiring coverage would 

significantly improve the likelihood of continuing compliance 

with applicable requirements compared to coverage that does not 

expire. 

3. The department may specify a tenn of 5 years or less for 

coverage tmder a registration permit or for coverage under a general permit if required by the federal clean air act. 

(c) Notwithstanding par. (a), the department may specify a 

term oflonger than 5 years for an operation permit or specify that 

an operation pennit does not expire if all of the following apply: 

I. The operation permit is for a stationary source for which 

an operation permit is required under s. 285.60 but not under the 

federal clean air act. 

2. The operation permit is not a registration permit or a general permit. 

(3} RENEWAL. (a) A permittee shall apply for renewal of an 

operation permit at least 6 months before the operation permit 

expires. The permittee shall include any new or revised information needed to process the application for renewal. 

(b) "rhe department shall follow the procedures ins. 285.62 in 

renewing an operation pennit for a new source, a modified source 

or an existing source. 

(c) The department may renew an operation permit if the criteria in ss. 285.63 and 285.64 are met. Notwithstanding s. 285.64 

(1) (a), the department may deny an application for renewal of an 

operation permit for a stationary source if the stationary source is 

in violation of its 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: 1979 c. 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 or exemption. The failure to adopt a rule or issue an air pollution control 

permit or the exemption or granting of an exemption from an air 

pollution control permit requirement does not relieve any person 

AIR POLLUTION 285.69 

from compliance with any emission limitation or with any other 

provision of law. 

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 of reasonable fees 

for all of the following: 

(a) Application for permit. Reviewing and acting upon any 

application for a construction permit, except that the department 

may not impose a fee on any of the following persons. who apply 

for a construction pennit: 

I. An owner or operator of an entire facility for which an 

operation pennit is required under s. 285.60 but not under the federal clean air act if the entire facility is covered by a registration 

permit under s. 285.60 (2g). 

2. An owner or operator of an entire facility for which an 

operation permit is required under s. 285.60 but not under the federa.l clean air act if the entire facility is covered by 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 owner or operator that requests a waiver under s. 285.60 

(5m) of the requirement to obtain a construction permit shall pay 

to the department a fee of$300. 

(2) fEES FOR PERSONS REQUIRED TO HAVE FEDERAL OPERATION 

PERMITS. (a) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary 

source for which an operation permit is required under the federal 

clean air act. The rules shall provide all of the following: 

I. That fees collected in a year before 2002 are based on actual 

emissions of all regulated pollutants and any other air contaminant 

specified by the department in the rules in the preceding year. 

2. Except as provided under par. (d), that the fees collected in 

1993 are $18 per ton of each regulated pollutant. 

3. Except as provided under par. (d), that the tees collected in 

1994 are $25 per ton increased by the percentage by which the 

consumer price index. as defined in 42 USC 7661a (b) (3) (B) (v), 

for 1993 exceeds the consumer price index for 1989. 

4. That the fees collected in each year after 1994 and before 

2002 are calculated by increasing the fees collected in the preceding year by the percentage by which the consumer price index, as 

defined in 42 USC 766la (b) (3) (B) (v), increased in the preceding 

year. 

5. That fees are not based on emissions by an air contaminant 

source in excess of 5,000 tons per year of each regulated pollutant, 

except that, subject to par. (b), this limitation does not apply to a 

major utility, as defined in s. 285.41 (I) ( t), that owns or operates 

a phase I affected unit as listed in Table A of 42 USC 765 I c. 

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 of 42 USC 7651 c. 

7. That the fees billed for a stationary source in each year after 

2001 are based on the fees billed for the stationary source in 200 l. 

8. That the fee billed for each stationary source in each year 

after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the 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 in the amount of pollutants 

emitted by the stationary source, as detennined under subd. 8., and 

decreases a stationary source's fees in proportion to decreases in 

the amount of pollutants emitted by the stationary source, as determined under subd. 8. 

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285.69 AIR 

Her or similar mechanism is used that 

nary source's fees to compensate for 

decreases in overall am nts of emissions. 

11. That no provisi is used that would increase the fee per 

unit of pollutant emitted in order to compensate for decreases in 

overall amounts of emis ions. 

(b) The department ay not charge a major utility fees on 

emissions in excess of 5, tons per year of each regulated pollutant beyond the amount ecessary to recover the fees that would 

have been charged for a y phase I affected unit listed in Table A 

of 42 USC 7651c owned by that major utility if the 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 subject to the 

operation permit progra ; ambient air quality modeling; preparing and maintaining em ssion inventories; and any other direct 

and indirect costs of the peration penn it program. 

2. Costs of any oth r activities related to stationary sources 

of air contaminants. 

(d) The department y promulgate a rule reducing any operation pennit fee required be paid under par. (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 of a stationary 

source for which an ope tion pennit is required shall pay to the 

department an annual fi of$ .86 per ton of actual emissions in 

the preceding year of all ir contaminants on which the fee under 

par. (a) is based. 

(2m) fEES FOR STATE PERMIT SOURCES. (a) The owner or operator 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 or ope tor to whom the department has issued 

an operation permit for ne or more points of emission 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 that allow the amount of 

emissions to be at least 0 percent of the amount that results in a 

stationary source being lassified as a major source. 

(bm) The fees collect d under this 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 permit is requi ed under s. 285.60 but not under 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 subject to the 

operation permit progra ; ambient air quality modeling; preparing and maintaining em ssion inventories; and any other direct 

and indirect costs of the peration permit program. 

2. Costs of any oth r activities related to stationary sources 

of air contaminants. 

(J) ASBESTOS INSPEC ION FEES. (a) The department may promulgate rules for the pa ent and collection of fees 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 09-10 Wis. Stats. Database 22 

fees under this subsection tOr an inspection plus the fee under sub. 

(I) (c) may not exceed $1,325 if the combined square and linear 

footage of friable 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 indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by 

the department and for inspecting property proposed to be used tOr 

a community fire safety training project. 

(b) In addition to the tees under par. (a), the department may 

charge all of the following: 

I. The costs it incurs for laboratory testing for a nonresidential 

asbestos demolition and renovation project. 

2. A fee in the amount of $100 for the department to inspect 

property proposed to 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 

a revised notice of an asbestos renoVation or demolition activity, 

submitted by a person required by the department to provide such 

notice. 

4. An amount equal to the inspection fee under par. (a) to 

inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the 

department, before the project was initiated. 

(c) For the pwpose of par. (a), combined square and linear footage shall he determined by adding the number of square feet of friable asbestos-containing material on areas other than pipes to the 

number of linear feet of friable 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 credit under s. 285.63 (7). If the amount of credit 

per calendar year varies between calendar years, the amount of the 

fee shaH be based upon the largest annual credit for any calendar 

year. If the person submits more than one application in any calendar year, the tee for the application shall be based upon the largest 

cumulative credit obtained for any calendar year. A fee is nonrefundable, except that in determining a fee for an application in any 

calendar year, the department shall credit once to the person an 

amount equal to any fee previously paid in the same calendar year. 

All fees collected under this subsection shall be deposited in the 

general fund. 

(b) Except as provided in par. (d), if the amount of the _growth 

accommodation credit obtained by the person in a calendar year 

is less than 40 tons, the amount of the fee shall be determined by 

multiplying the amount of the growth accommodation credit certified to the person, expressed in tons per year, by $100 per ton. 

(c) Except as provided in par. (d), if the amount of the growth 

accommodation credit obtained by the person in a calendar year 

is 40 tons or more, the amount of the fee shall be determined by 

multiplying the amount of the growth accommodation credit certified to the person, expressed in tons per year, by $200 per ton. 

(d) A stationary source which is operating without an air pollution control permit required under s. 285.60 but which can demonstrate to the satisfaction of the department the ability to comply 

with this chapter and s. 299.15 after obtaining a growth accommo- dation credit under s. 285.63 (7) shall be required to pay an amount 

from $200 to $1,000 times the amount of the growth accommodation credit certified to the person, expressed in tons per year. 

(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 updated and current through 2011 Wis. Act 39 and July 25, 2011. Statutory changes effective 

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23 Updated 09-10 Wis. Stats. Database 

(7) EMISSION REDUCTION CREDIT FEES. The department may 

promulgate rules for the payment of fees 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 of fees under 

this subsection for categories of emission reduction credits. The 

fees collected under this subsection shall be credited to the appro· 

priation under s. 20.370 (2) (bg). 

History: 1979 c. 34. 221; 1987 a. 27; 1989 a. 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; 1999 a. 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 Confidentiality of records. (1) Except as provided 

in sub. (2), the department shall make any record, report or other 

information obtained in the administration of this 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 

of this 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 of a record, report or other 

information would, if made public, divulge a method or process 

that is entitled to protection as a trade secret, as defined in s. 

134.90 (1) (c). of that person. 

(3) Subsection (2) does not prevent the disclosure of any 

information to a representative of the department for the purpose 

of administering this chapter and s. 299.15 or to an officer, 

employee or authorized representative of the federal government 

for the purpose of administering the federal clean air act. When 

the department provides information that is confidential under 

sub. (21 to the federal govermnent, the department shall also provide a copy of the 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 of this state and interlocal 

agencies may make application for, receive, administer and 

expend any federal aid for the control of air pollution or the develM 

opment and administration of programs related to air pollution 

control if first submitted to and approved by the department. The 

department shall approve any such application if it is consistent 

with the purposes of this chapter and any other applicable requirements of law. 

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 of local government, any 

county may establish and thereafter administer within its jurisdicM 

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 of such requireM 

ments by appropriate administrative and judicial 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 to participate in the adminisM 

tration;nd enforcement of air pollution programs; and 

(e) Is approved by the department as adequate to meet the 

requirements of this chapter and any applicable rules pursuant 

thereto. 

(2) Any county may consult with regional planning commisM 

sions and may administer all or part of its air pollution control pro· 

AIR POLLUTION 285.76 

gram in cooperation with one or more other counties or municipalities. Perfonnance by or on behalf of a county pursuant to such 

cooperative undertaking shall be considered to be performance by 

the county for purposes of this section. 

(3) If the department finds that the location, character or 

extent of particular concentrations of population, air contaminant 

sources, the geographic, topographic or meteorological considerM 

ations, or any combinations thereof, are such as to make impractiM 

cable the maintenance of appropriate levels of air quality without 

an area-wide air pollution control program, the department may 

detennine the boundaries within which such program is necessary 

and require it. 

(4) (a) If the department has reason to believe that a program 

in force pursuant to this section is inadequate to prevent and conM 

trot air pollution in the jurisdiction to which such program relates, 

or that such program is being administered in a manner inconsisM 

tent with the requirements of this chapter, the department shall, on 

due notice, conduct a hearing on the matter. 

(b) If, after such hearing, the department determines that a program is inadequate to prevent and control air pollution in the 

county to which such program relates, or that such program is not 

accomplishing the purposes of this chapter, it shall require that 

necessary corrective measures be taken within a reasonable 

period of time, not to exceed 60 days. 

(c) If the county fails to take such necessary corrective action 

within the time required, the department shall administer within 

such county all of the regulatory provisions of this chapter. Such 

air pollution 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 

of the department, resume a county air pollution control program 

which meets the requirements of sub. (I). 

(6) Nothing in this chapter supersedes the jurisdiction of any 

county air pollution control program in operation on 

July 26, 1967, but any such program shall meet all requirements 

of this 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 of state review of plans 

and specifications, the department may authorize counties which 

are administering approved air pollution control programs to 

review and approve plans, specifications and permits of air contaminant sources being constructed, moditied or operated within 

the jurisdiction of these 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 5 days after the department receives notificaM 

tion that an American Indian tribal governing body proposes to 

redesignate an area under 42 USC 7474 for the purpose of the federal clean air act provisions concerning the prevention of signifiM 

cant deterioration of air quality 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 of the assembly and 

the president of the 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 

under 42 USC 7474 for the purpose of the federal clean air act proM 

visions concerning the prevention of significant deterioration of 

air quality, the department shall do all of the fOllowing: 

(a) Publish a class 1 notice, under ch. 985, of the proposed 

redesignation and request for consultation with the state in a ncwsM 

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285.76 AIR P LLUTION 

paper of general circulat on in the area that would be 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 no tift ation to the governor. and to the agency 

responsible for ad.minist ring air pollution control laws, of any 

other state with an area at would be affected by the redesignation, as determined usi g standards established by the federal 

environmental protectio agency. 

(3) Within 15 days a er receiving notification of the time and 

place of a public 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 of the 

time and place. of the p blic hearing in the manner provided in 

subs. (I) and (2) (a). If e department receives notification of a 

hearing at the same tim that it receives notification of the proposed redesignation, it s I combine the newspaper notices 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 of the assembly d the president of the senate, under s. 

13.172 (3), on the resul s of any 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 of machinery, device or equipment from a particular supplier 

or produced by a partie ar manufacturer, if the required performance standards may be et by 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 that takes 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 a diameter less than r equal to 2.5 micrometers or emissions 

that are precursors to sol d or liquid particles with a diameter less 

than or equal to 2.5 mic meters. 

(c) "Greenhouse gas" means carbon dioxide, methane, nitrous 

oxide, hydrotluorocarbo s, pertluorocarbons, sulfur hexafluoride 

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 if the ductions are made before the reductions 

are required by law. Un r the system, the department may register carbon sequestration m the creation or preservation of carbon reserves and may re ister avoided emissions resulting from 

energy efficiency measu s and from the use of renewable energy sources. Under the sys em, the department may not register a 

reduction in emissions o greenhouse gases if the reduction was made before January I, 991. 

(b) The department ay establish and operate systems under 

which the department gisters reductions in emissions of fine 

particulate matter, mere or other air contaminants identified by 

the department if the re uctions are made before the reductions arc required by law. 

(c) The department m y verity and quantify, or require the verification and quantificati not: emission reductions that a person 

seeks to register under p r. (a) or (b). 

(d) Registration of e ission reductions under this section is 

voluntary. 

(3) (a) The departm nt shall promulgate rules for the system 

under sub. (2) (a). In p ulgating the rules. the department shall 

make the system as cons stent as possible with other state, federal 

Updated 09-10 Wis. 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 of the 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 a stationary source designated under sub. (2) (a) or, 

except as provided in sub. (2) (b). a stationary source that satisfies 

all of the following criteria: 

(a) Is owned or operated by a person that employs 100 or fewer 

individuals. 

(b) Is a small business concern, as determined under 15 USC 

632 (a). 

(c) Is not a major stationary source, as defined in rules promulgated by the department. 

(d) Does not emit 50 tons or more per year of any regulated pollutant. 

(e) Emits a total ofless than 75 tons per year of all regulated 

pollutants. 

(2) DESIGNATIONS AND EXCLUSIONS. (a) In response to a petition by a stationary source, the department may, by rule, designate 

as a small business stationary source any stationary source that 

does not meet the criteria of sub. (I) (c), (d) or (e) but that does not 

emit a total of more than I 00 tons per year of all regulated pollutants. 

(b) The department may, by rule, after consultation with the 

administrators of the federal environmental protection agency and 

the federal small business administration, exclude from the defmition of small business stationary source any category or subcategory of stationary source that the department determines to have 

sufficient technical and financial capabilities to meet the requirements of the 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 of the foJlowing: 

(a) Mechanisms to develop, collect and coordinate information concerning methods and technologies 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 other persons 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 of operation that help 

reduce air pollution and with other assistance in pollution prevention and accidental release detection and prevention. 

(c) A compliance assistance program that assists small business stationary sources in determining applicable requirements 

under this chapter and s. 299.15 and in receiving air pollution control permits in a timely and efficient manner. 

(d) Mechanisms to ensure that small business stationary 

sources receive notice of their rights under the federal clean air act 

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 or applicable proposed or final regulation or standard issued 

under the federal clean air act. 

(e) Mechanisms for referring small business stationary sources 

to qualified auditors to determine compliance with the federal 

clean air al-"1 and state laws implementing the federal clean air act 

and other mechanisms for informi~g small business stationary 

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______ ... ____________________ ._ ____ , ______________________________________________________________________________________ .... 
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25 Updated 09-10 Wis. Stats. Database 

sources of their obligations under the federal clean air act and state 

laws. 

(f) Procedures for consideration of a reque31 from a small busi~ 

ness stationary source for alteration of any required work practice 

or technological method of compliance with this chapter or of the 

schedule of measures that must be taken to implement a required 

work practice or method of compliance before an applicable compliance date, based on the technological and financial capability 

of the !111311 business stationary source. 

(4) GRANTING ALTERATIONS. The department may not grant an 

alteration under sub. (3) (f) unless the alteration complies with the 

requirements of the federal clean air act and any applicable plan 

under s. 285.11 (6). If those 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 of the 

following: 

(a} Advise the department concerning the effectiveness of the 

small business stationary source technical and environmental 

compliance assistance program under s. 285.79. difticulties 

encountered by small business stationary sources, as defined in s. 

285.79 (I), in complying with s. 299.15 and ch. 285 and the degree 

and severity of enfOrcement of s. 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 and ch. 285 to ensure 

that the information can be understood 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 

air pollution laws. 

(2) The employees of the department who staff the 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 of a permit, condition or requirement in a pennit, 

order, decision or determination by the department under ss. 

285.39, 285.60 to 285.69 or 285.75 shall become effective unless 

the permit holder or applicant or the order recipient 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 of the action 

sought to be reviewed. The petition shall set forth specifically the 

issue sought to be reviewed, the interest of the petitioner, the reasons why a hearing is warrdJlted and the relief desired. Upon 

receipt of the petition, the department shall hold a hearing after at 

least 10 days' notice. 

(b) Hearing. The hearing shall be a contested case under ch. 

227. At the beginning of the hearing the petitioner shall present 

evidence in support of the allegations made in the petition. Following the hearing the department's action may be affirmed, modified or withdrawn. 

(1m) EFf"ECT OF A CHALLENGE. (a) Subject to par. (b). if a permit holder or applicant seeks a hearing challenging part of a 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 or for which the permit was 

issued. 

(b) An emission limitation contained in a construction penn it 

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 or court considering the challenge. 

(2) OTHER PERSONS. Any person who is not entitled to seek a 

hearing under sub. (1) (intro.) and who meets the requirements of 

s. 227.42 (I) or who submitted comments in the public comment 

process under s. 285.62 (4) or(5) may seek review under sub. (l) 

of any permit, part of a permit, order, decision or determination 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 part of a hearing under 

s. 293.43. 

(4) REVIEW OF I>EPARTMENT DETERMINATIONS. An air pollution 

control permit, part of an air pollution control permit or determination by the department under ss. 285.39, 285.60 to 285.69 or 

285.75 is not subject to review in any civil or criminal enforcement action for a violation of this chapter. This subsection does 

not restrict the ability of a person to challenge an administrative 

rule as provided ins. 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 part of a pe1mit, or only certain COfldition~ or requirements. It does not addre~s when 

a decision issued by an administmtive law judge after the administriltive hearing is 

final. Sierra Club v. Department of Natural Re~;ources, 2007 WI App 181,304 Wis. 

2d 614, 736 N.W.2d 918,06-2653. 

Sub. (4) provides in unequivocal terms that enumerated permits 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) If the department has reason to believe that a violation of this chapter or s. 

299.15 or any rule promulgated or special order, plan approval or 

pem1it issued under this chapter or s. 299.15 has occurred, it may: 

I, Cause written notice to be served upon the alleged violator. 

The notice shall specify the alleged violation, and contain the findings of fact on which the charge of violation is based. The notice 

may include an order that necessary corrective action be taken 

within a reasonable time. This order shall become effective 

unless, no later than 30 days after the 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 of an 

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) or 285.87. 

(b) If after such hearing the department finds that a violation 

has occurred, it shall affirm or modifY its order previously issued, 

or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of such other corrective action as may be appropriate. If the department finds that no 

violation has occurred, it shall rescind its order. Any order issued 

as part of a notice or after hearing may prescribe one or more dates 

by which necessary action shall be taken in preventing, abating or 

controlling the violation. 

(2) The notice under sub. (l) (a) 1. for an alleged violation of 

rules promulgated under s. 285.31 (3) may include a tag or other 

notice placed on the dispensing equipment that is alleged to be in 

violation of rules promulgated under 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) If the secretary finds 

that a generalized condition of air pollution exists and that it 

creates an emergency requiring immediate action to protect 

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285.85 

human health or safety, e or she shall order persons causing or 

contributing to the air lution to reduce or discontinue immedi~ 

ately the emission of air ontaminants, and such order shall fix a 

place and time, not later han 24 hours thereafter, for a hearing to 

be held before the depa ent. Not more than 24 hours after the 

commencement of sue hearing, and without adjournment 

thereof, the natural reso rces board shall affinn, modify or set 

aside the order of these retary. 

(2) In the absence of a generalized condition of air pollution 

of the type referred to in sub. (I), if the secretary finds that emissions from the operation of one or more air contaminant sources is causing imminent dan er to human health or safety, he or she 

may order the persons sponsible for the operations in question 

to reduce or discontinue missions immediately, without regard to 

s. 285.83. In such event, the requirements for hearing and affirmance, modification or se ing aside of orders 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. NR 493, Wis. adm. code. 

285.86 Asbestos c· ations. (1) The department may follow the procedures for e issuance of a citation under ss. 23.50 

to 23.99 to collect a forfe ture from a person who commits a violation specified under sub. (2). 

(2) The department s all promulgate rules that specifY violations of rules relating to sbestos abatement and management that 

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 limit the applicability of sub. (1) based 

on the frequency of vio ation and on health and environmental 

risks caused by the viol ion. 

(3) The department hall submit any proposed rules under 

sub. (2) to the departmen of justice. The deparbnent may not proUpdated 09-10 Wis. 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 also ch. NR 447, Wis. adm. code. 

285.87 Penalties for violations relating to air pollution. 

(1) Except as provided ins. 285.57 (5) or 285.59 (8). any person 

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 or more than $25,000 for each violation. Each 

day of continued violation is a separate offense. 

(2) (a) Except as provided in par. (b), any person 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 $25,000 per 

day of violation or imprisoned for not more than 6 months or both. 

(b) If the conviction under par. (a) is for a violation committed 

after another conviction under par. (a), the person is guilty of a 

Class I felony, except that, notwithstanding the maximum fine 

specified ins. 939.50 (3) (i), the person may be fined not more than 

$50,000 per day of violation. 

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. NR 494. Wis. adm. code. 

In determining an entity's civil forfeitures, the trial court can consider its cooperation in remediation, its initiation of remedial activities, the environmental harm 

caused, and the degree of irs culpability. The trial court acted within its discretion in 

imposing a forfeiture against a contractor for its role in improperly removing asbestos 

~!though a separate contractor was responsible for the 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 of action a~serted against the defendant for violating administrative rules governing the handling of asbestos did not exist and were not known or 

recogni7..ed at common law at the time of the adoption of the Wisconsin Constitution 

in 1848, the defendant had no constitutional rig1lt to a jury triaL State v. T.J~cQuay, 

Inc, 2008 WI App 177, 315 Wis. 2d 214. 763 N.W.2d 148, 07-2449. 

• 

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on or prior to 9-1-11 reprinted as if currently In effect. Statutory changes effective after 9-1-11 are designated by NOTES. 

See Are The Statutes n this Website Official? 
2003 Assembly Bill 573 

Date of enactment: April 7, 2004 

Date of publication*: 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) of the statutes: relating to: the operation of off-road utility vehicles 

and providing a penalty. 

The people of the state of Wisconsin, repre..ented in 

senate and assembly, do enact a.• follows: 

SECTION 1. 59.84 (2) (j) of the statutes is amended to 

read: 

59.84 (2) (j) Traffic types and speed limits. After an 

expressway project has been certified as completed, the 

public body having jurisdiction over the maintenance 

thereof shall have the power to regulate the type of vehicular use of such portion of the expressway except as limited by federal and state laws and regulations, and the 

power to fix speed limits thereon not in excess of the 

maximum speed limits for state trunk highways, and to 

provide and enforce reasonable penalties tor infraction of 

such vehicular 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 special permit shall be prohibited when an ordinance in conformity with this section and, with respect to 

prohibiting the use of electric 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). The board may not prohibit the towing of disabled 

vehicles on expressways, except that the board may prohibit the towing of disabled vehicles during the peak 

hours of? a.m. to 9 a.m. and 4 p.m. to 6:30 p.llh-3S established under county ordinance and except that the board 

may establish procedures for and may contract for the 

towing of vehicles which have become disabled on the 

expressway. 

SECTION 2. 285.30 (5) (c) of the statutes is amended 

to read: 

285.30 (5) (c) A motor vehicle 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) of the 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) of the statutes is creatL'<i to 

read: 

340.01 (38m) "Off-road utility vehicle" means a 

motor vehicle that is designed and constructed to carry no 

more than 2 persons and to be used for collecting residential and commercial solid waste, such as yard waste, recyclable materials, and household garbage, rethse, and rubbish, landscaping, or incidental street maintenances; that 

is not certified by the manufacturer tor on-road use or 

* Section 991. J I. WISCONSIN STATUTES 2001---02: Effective date of acts. "En.'JY act and every portion of an act enacted by the legislature over 

the govcmor's partial wto which does not expressly prescribe the time when it takes effect shaH take effect on the day after its date of publication 

as designated" by the secretary of state [the date of publication may not be more than lU working days after the date of enactment]. 
2003 Wisconsin Act 192 

that is certified by the manufacturer as meeting the equipment 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 

or the equipment standards for a low-speed vehicle under 

49 CFR 571.500. "Off-road utility vehicle" does not 

include any motorized construction equipment or any 

motor vehicle that falls within another definition under 

this section. 

SECTION 5. 341.05 (27) of the statutes is created to 

read: 

341.05 (27) The vehicle is an oll'-road utility vehicle 

being operated in accordance with s. 346.94 ( 19). 

SECTION 6. 346.16 (2) (am) of the statutes is anJCnded 

to read: 

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 or freeway 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) of the statutes is created 

to read: 

346.16 (2) (ar) Notwithstanding s. 349.105, no person opemting an off-road utility 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) of the statutes is created to 

read: 

346.94 (19) OFF ROAD UTILITY VEHICLES ON ROADWAY (a) A person may opemte an off-road utility vehicle 

upon any roadway that has a speed limit of 35 miles per 

hour or less. This paragraph applies only if the person 

operating the off-road utility vehicle is employed by, or 

under contract with, the state or a local govc'l'nmenial 

unit, as defined ins. 19.42 (7u). and the ofF-road utility 

vehicle is being used fi>r the state or local governmental 

purpose of collecting residential or commercial solid 

waste, landscaping, or pertbnning incidental street maintenance. and is operated on a highway for a distance not 

to exceed one half mile. 

(b) No person may opemte an off-road utility vehicle 

upon any highway that has a speed limit of more than 35 

miles per hour. 

SECTION 9. 346.95 (8) of the 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 of the 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 a portion of 

the costs of a project to remove contaminated sediment 

from Lake Michigan or Lake Superior or a tributaty of 

Lake Michigan or Lake Superior if federal fimds are provided for the project under 33 USC 126~ (c) (12). 

SECTION 3082e. 285.14 (2) of the 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 of the legislature with 

jurisdiction over environmental matters, under s. 13.172 

(3) a report that describes the proposed plan and contains 

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 of availability of the report. If, within 30 days after 

the department provides the report. the chairperson of a 

standing committee to which the report was provided 

submits written comments on the report to the department, the secretary shall respond to the chairperson in 

writing within 15 days of receipt of the comments. This 

subsection docs not apply to a modification to a state 

implen1entation plan relating to an individual source. 

SECTION 3082r. 285.23 (6) of the 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 of the legislature with 

jurisdiction over environmental matters under s. 13. 172 

(3). a report that contains a description of any area proposed to he identified as a nonattainment area and supporting documentation. ll1e department shall also submit to the Fevisar af statutes legislative refCrence bureau 

for publication in the administrative register a notice of 

availability of d1c report. It; within 30 days after the 

dcparnnent submits the repott, the chairperson of a 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 of receipt of the comments. 

SECTION 3083. 285.30 (5) (a) of the statutes is 

amended to read: 

285.30 (5) (a) A motor vehicle of a model year of 

+9f.+ 1995 or earlie1: 

SEcnoN 3084. 285.30 (5) (b) of the statutes is 

amended to read: 

285.30 (5) (b) A motor vehicle willl of a model year 

of 2006 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 year of 2007 or later that has a gross vehicle weight 

mtin~ exceedin~ I 4.000 pounds. as detennincd by the 

manufacturer of the 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 or earlier that is powered by diesel fuel. 

SECTION 3086k. 287.26 ofthe statutes 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 of solid waste generated or to 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 

of funds and progress toward the goals and objectives. 

The department may not provjde more than $2SO.OOO 

annually under this sc'Ction to any nonprofit organization. 

SECTION 3086p. 287.31 ( 6) of the statutes is 

an1ended to read: 

287.31 (6) USE OF REVENUES. The newspaper recycling 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. of the statutes is 

amended to read: 

289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the "'lflrepriatiens approprial.ill.u under s. 20.370 (2) (dg) and (9~ (mj). 

SECTION 3088. 289.645 (3) of the statutes is amended 

to read: 

289.645 (3) AMOUNT OF RECYCLING FEE. The fee 

imposed under this section is $J $:!.per ton 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 

amended to read: 

289.67 (I) (cp) Arnou/11 qtenvimnrnental repair.fee. 

Notwithstanding par. (em) and except as provided under 

par. (d). the environmental repair fee imposed under par. 

(a) is Jil iQ cents per ton for solid or hazardous waste. 

other than high-volunle industrial waste, disposed of en 

er after JOHHill')' I. 1988, bHt befere JHiy I, 1989,ana 50 

oents per tan aispesea ef an ar after JHly I. 1989 ~ 

the tirst day of the first month be~innint: atler the eftCctjve date of tbjs paragmph freyjsor inserts date] and 

$1.60 per ton disposed of on or after the first day of the 
2007 Senate Bill 186 

Date of enactment: November 16,2007 

Date of publication*: December 3, 2007 

2007 WISCONSIN ACT 33 

AN ACT to renumber and amend 349.26 (1 ); to amend 285.30 (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) ofthe statutes; relating to: neighborhood electric vehicles. 

The people of the state of Wisconsin, represented iu 

senate and assembly, do enact as follows: 

SECTION 1. 285.30 (5) (c) of the statures is amended 

to read: 

285.30 (5) (c) A motor vehicle 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), (e). (f), (g), (h),.,. G)..QL.(k}. 

SECTION 2. 285.30 (5) (k) of the statutes is created to 

read: 

285.30 (5) (k) A neighborhood electric vehicle, as 

defined ins. 340.ot (36r). 

SECTION 3. 341.25 (title) of the statutes is an1ended 

to read: 

341.25 (title) Annual and biennial registration 

fees; biennial motoroyolo fees. 

SF.CTION 4. 341.25 (I) (b) of the statutes is amended 

to read: 

341.25 (l) (b) For each motorcycle or moped 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 of persons mther than property, and for 

each nej~hborbood electric yehicle a biennial fee of$23. 

SECTION 5. 341.297 (I) of the statutes is amended to 

read: 

341.297 (1) A motorcycle "'• moped, or nej~hborhood electric vehicle. as specified ins. 341.25 (I) (b). 

SECTION 6. 342.14 (lr) of the starures is amended to 

read: 

342.14 (lr) 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 credited to the environmental fund for 

environmental management. This subsection does not 

apply after December 31.2007. This subsection does not 

apply to an QPllJicatjon for a certificate of title for a neiwhborhood electric vehicle. 

SECTION 7. 342.14 (3m) of the statutes is amended to 

read: 

342.14 (3m) Upon filing an application under sub. 

(I) or (3), a supplemental title tee of$7.50 by the owner 

of the vehicle, except that this fee shall be waived with 

respect to an application under sub. (3) for transfer of a 

decedent's interest in a vehicle to his or her surviving 

spouse. The fee spocitied under this subsection is in addition to any other fee specified in this section. This subsection does not apply to an iWJ)Iication for a certificate 

of title 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 of acts. "Evl.'ly act and every portion of an act enacted by the legislature over 

the govemor·s partial veto which docs not expressly prescribe the time when it takes effel-1 shaH take effect on the day after it" date of publication 

as dcsignatL>d" by the secretary of state [the date of publication may not be more than 10 working days after the date of cnal'tment}. 
2007 Wisconsin Act 33 

340.Dl (36r) Ia lllis !lesliea, ··aeigl!l!effieed "Nei\lh· 

borhood electric vehicle" means a self ~f9fl8llea motor 

vehicle that has sl!eeesnfl<lly eempletoa the neigllber 

heed oloetrie "ooielo AmoFiea lost Pf9gFam eoodwe!Gd by 

the feseml 86fJaRmellt ef eneFgy, js pro.pel led 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 golf cart. 

SECTION 9. 349.26 (2) of the statutes is amended to 

read: 

349.26 (2) The Subject to sub 13l the governing 

body of any city, town, or village may by ordinance allow 

the use of a neighborhood electric vehicle on a roadway 

that has a speed limit of35 miles per hour or less and over 

which the goveming holly cit)' town or yjiJage has jurisdiction. 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 a ooae•,•ay within lAo oity, town, or vii 

lage. te ~ermit neighh01rheoa eleetrie ••ehieles Ia ase er 

erass the roadway. A a erdi!la!lee passed ooeer lilis 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) of the statutes is created to 

read: 

349.26(3) (a) An ordinance under sub. (2) may apply 

to a connecting highway, or to an intersection where the 

roadway crosses a stat~ trunk highway, within the city, 

to\\n, or village only if all of the following apply: 

-2- 2007 Senate Billl86 

I. The city, town, or village provides written notice 

to the department of the ordinance, including identification of any connecting highway or state trunk highway 

intersection to which the ordinance will apply. 

2. Within 21 days of receiving the notice under subd. 

1., the department has provided written or oral consent to 

the use of neighborhood electric vehicles on the connecting highway or through the intersection crossing the state 

trunk highway or has failed to object to the use of neighborhood electric vehicles on the connecting highway or 

through the intersection crossing the state trunk highway. 

(b) If the department makes a timely objection under 

par. (a) 2., no ordinance enacted under this section is valid 

tor that connecting highway or that intersection crossing 

the state trunk highway. 

SECTION 11. Nonstatutory provisions. 

(I) Notwithstanding section 341.25 of the statutes, as 

affected by this act, and section 34 I .3 I of the statutes, if 

a person has licensed, prior to the eftective date of this 

subsection, any neighborhood electric vehicle in accordance with an ordinance enacted by a city, town, or village 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 if the city, town, 

or village license is valid at the time that the person 

applies for registration with the department oflr'.msportation and if the 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 of registration is issued. 
~hde of ~hu:onsin 

2009 Assembly Bill 574 

Date of enactment: March 10,2010 

Date of publication*: March 24,2010 

2009 WISCONSIN ACT 157 

AN ACT ttl amend 59.84 (2) G), 346.16 (2) (ar), 346.95 (5), 347.14 (I), 347.22, 347.245 (l) and 347.27 (3 l; and ttl 

create 285.30 (5) (L). 341.05 (27m). 346.94 (21) and 347.02 (I) (j) of the statutes; relating to: lightweight utility 

vehicles and providing a penalty. 

The pet1ple of the state t1{ Wisconsin, represented in 

senate and assembly, do enact as {t1lloovs: 

SECTION t. 59.84 (2) Ul of the statutes is amended to 

read: 

59.84 (2) (j) Trqjjic types and speed limits. After an 

expressway project has been certified as completed, the 

public body having jurisdiction over the maintenance 

thereof shall have the power to fC!,'lllate the type of vehicular use of such portion ofthe expressway except as limited by federal and state laws and regulations. and the 

power to tix speed limits thereon not in excess of the 

maximum speed limits for state trunk highways, and to 

provide and enforce reasonable penalties tor infraction of 

such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of the 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 12 I) (a) 2 except when used to cross 

an expressway. funeral processions, and animals on fOot 

and the hauling of oversized equipment without special 

permit shall be prohibited when an ordinance in conformity with this section and, with respect to prohibiting the 

use of electric personal 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 tbat the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m. 

to 9 a.m. and 4 p.m. to 6:30 p.m. as established under 

county ordinance and except tbat the board may establish 

procedures for and may contract for the towing of 

vehicles which have become disabled on the expressway. 

SECTION 2. 285.30 (5) (L) of the statutes is created 

to read: 

285.30 (5) (L) A lightweight utility vehicle as 

defined ins. 346.94 (2 I) (a) 2. 

SECTION 3. 34!.05 (27m) of the 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) of the 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 

utility vehicle 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 of acts. "Every act and every portion of an act enacted by the legislature over 

the governor· s partial veto which dO\':s not expressly prescribe the time when it takes effect shall take effect on the day afu..'r its date of publication 

as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment]. 
~bdt of ~isconein 

2009 Senate Bill321 

Date of enactment: May 12,2010 

Date of publication*: May 26, 2010 

2009 WISCONSIN ACT 311 

AN ACT to repeal 349.26 (3); lo rennmher and umend340.01 (36r); to amend 285.30 (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) of the statutes; relating to: operation of low-speed vehicles on highways and providing 

a penalty. 

The people of the stale of Wi.•consin, represemed in 

senate and assembly, do enact as fi•llows: 

SECTION t. 285.30 (5) (k) of the 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) of the statutes is renumbered 

340.01 (27h) and amended to read: 

340.0 I (27h) "~loig~9effieed olostris "Low-speed 

vehicle" means a motor vehicle !hat is ~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 under 49 CFR 571.3 (b) and 571.500. "Meigll 

9erheed oloo!ris "Low-speed vehicle' does not include 

a golf cart. 

SEcnoN 3. 341.25 (I) (b) ofthe statutes is amended 

to read: 

341.25 (I) (b) For each motorcycle or moped with a 

curb weight of I ,499 pound' or less, except a specially 

designed vehicle under s. 34l.tl67, which is designed for 

the transportation of persons rather than property, and for 

each noigheerlleed eleetrie low speed vehicle, a biennial 

fee of$23. 

SECTION 4. 341.297 (I) of the statutes is an1ended to 

read: 

341.297 (I) A motorcycle. moped, or neighberl!eed 

~low-speed vehicle, as specified in s. 341.25 (I) 

(b). 

SECTION 5. 342.14 (1 r) of the statutes, as affected by 

2009 Wisconsin Act 28, is amended to read: 

342.14 (1 r) 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 in the environmental fund 

for environmental management. This subsection does 

not apply to an application for a ce•tificate of title tor a 

noiglleerllee<l oloetris low···sueed vehicle. 

SECTION 6. 342.14 (3m) of1he statures. as affected by 

2009 Wisconsin Act 28, is amended to read: 

342.14 (3m) Upon filing an application under sub. 

(I) or (3), a supplen1enial title fee of$7.50 by the owner 

of the vehicle, except that this fee shall be waived with 

respect to an application under sub. (3) for transfer of a 

decedent's interest in a vehicle to his or her surviving 

spouse or domestic partner under ch. 770. The fee specified under this subsection is in addition to any other fee 

specified in this section. This subsection does not apply 

* Section 99 t. I 1. WISCONSIN STATUTES 2007-····08: Etfcctive date of acts. "Ev<.->ry act and every portion of an act t'llacted by the legislature over 

the govemor·s partial veto which docs not expressly prescribe the time when it takes cffcLi shall take effect on the day a&--r its date ofpublimtion 

as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment]. 
2009 Wisconsin Act 311 -2- 2009 Senate Bill321 

to an application tor a certificate of title fbr a neighber 

heed olectric low-speed vehicle. 

SECTION 7. 343.32 (2) (be) of the statutes is created 

to read: 

343.32 (2) (be) The scale adopted by the secretary 

shall assess, for each conviction, 2 demerit points for a 

violation of s. 346.94 (22) (c) or (d), except that convictions arising out of the same incident or occurrence shall 

be counted as a single conviction. 

SECTION 8. 346.94 (title) of the statutes is amended 

to read: 

346.94 (title) Miscellaneous prohibited ru: 

restricted acts. 

SECTION 9. 346.94 (22) of the 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 a low-speed vehicle on any highway that has a speed limit of35 miles per hour or less and 

that is under the jurisdiction. for maintenance purposes. 

of a municipality or county. 

(b) I. Paragraph (a) applies to the op<."flltion of a lowspeed vehicle on a connecting highway only if the connecting highway has a speed limit of25 miles per hour or 

less or the municipality or county with jurisdiction has 

adopted a valid ordinance under 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 if the state trunk highway or 

connecting highway has a speed limit at the intersection 

of35 miles per hour or less and traffic at the intersection 

is controlled by traffic control signals. 

3. Paragraph (a) does not apply to an intersection 

where the highway under the jurisdiction of the 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 highway except as authorized under this subsection 

or s. 349.26 (2). 

(d) No person may operate a low-speed vehicle at a 

speed in excess of 25 miles per hour. 

SECTION 10. 346.95 (II) of the statutes is created to 

read: 

346.95 (ll) Any person violating s. 346.94 (22) (c) or 

(d) may be required to forte it not more than $200. 

SECTION 11. 349.26 (title) of the 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 (I m) of the statutes is created to 

read: 

349.26 (1m) The governing body of any municipality or county may by ordinance prohibit the operation of 

low-speed vehicles on any highway that is under the 

jurisdiction, for maintenance purposes, of the municipality or county. A county ordinance enacted under this subsection does not apply within any municipality that has 

enacted or enacts 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 of any sity, tewR, er village municipality may by 

ordinance allow the use of a 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 boundaries of 

!he municipality retjardless of whether the municipality 

has jurisdiction over the roadway. 

S~:CTION 14. 349.26 (3) of the statutes is repealed. 

SECTION 15. Initial applicability. 

(I) This act tlrst applies to vehicles operated on the 

effective date of this subsection. 

SECTION 16. Effective date. 

(I) This act takes eflect on the tirst day of the 5th 

month beginning after publication. 
561 DEPARTMENT OF NATURAL RESOURCES NR485.03 

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. 

Chapter NR 485 

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. 

Repair oosl 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 motor vehicles, internal combustion engines and mobile air contaminant sources and to their 

owners and operators. 

(2) PuRPOSE. This chapter is adopted under ss. 285.11. 

285.13, 285.30 and 285.39, 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 of a 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. 

NR 485.02 Definitions. The definitions contained inch. 

N R 400 apply to the terms used in this chapter. In addition, the 

following definitions apply to the terms used in this chapter: 

(1) "Adjusted loaded vehicle weight" or "ALVW" means 

the numerical average of a vehicle's curb weight and its gross 

vehicle weight rating. 

(2) "Air pollution control equipment" has the meaning given 

ins. 285.30 (6) (a) 1., Stats. 

(5) "Basic vehicle frontal area" means the area enclosed by 

the geometric projection of the basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and air deflectors, onto a plane perpendicular to the longitudinal axis of the 

vehicle. 

(6) "Curb weight" means the actual or the manufacturer's 

estimated weight of the vehicle in operational status with all 

standard equipment plus the weight of fuel at nonnal tank capacity and the weight of optional equipment. 

(7) "DOT" means the Wisconsin department of transportation. 

(10) "Gross vehicle weight rating" or "GVWR" means the 

weight specified by the vehicle manufacturer as the maximum 

allowable loaded weight of a 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-of more than 6,000 pounds or that has a basic vehicle 

frontal area in excess of 45 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 of 6,000 pounds or less and which has a basic vehicle 

frontal area of 45 square feet or less, and which is one of the 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 of such a vehicle. 

(b) Designed primarily for transportation of persons and has 

a capacity of more than 12 persons. 

(c) Available with special features enabling off-street or off--

highway operation and usc. 

(14) "Light-duty vehicle" means a passenger car or passenger car derivative capable of seating 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 year of manufacture 

of the original vehicle within the annual production period of the 

vehicle as designated by the manufacturer, or if a reconstructed 

or homemade vehicle, the first year oftitJing.lfthe manufacturer 

does not designate a production period, the tenn"model year" 

means the calendar year of manufacture. 

(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 of air pollution control equipment. 

(21) "Tier I emission standards" means the standard; for 

light-duty vehicles of model year 1994 and newer and "tightduty trucks of model year 1994 and newer in section 202 (! and 

(h) of the 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 of 40 CFJt part 

51, incorporated by 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 of 240 seconds of mass 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. 

NR 485.03 General limitations. No person may cause, 

allow or pennit emissions of particulate matter, sulfur oxides, 

hydrocarbons, carbon monoxide, nitrogen oxides, or odors from 

a motor vehicle, internal combustion engine, or mobile source 

which substantially contribute to the exceeding of an air standard or create 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, 20 I 0, No. 659 
NR485.04 WISCONSIN ADMINISTRATIVE CODE 562 

Unofficial Text (See Printed Volume). Current through 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 under ch. Trans 131. 

(2) TRANSIENT EMISSION TEST. Except as provided 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 1 when 

measmed over the entire transient driving cycle. 

2. The applicable phase 2 emission rate in Table I when 

measured from second 94 to the end of the transient driving 

cycle. 

(b) Hydrocarbons in rates that exceed both: 

1. The applicable composite emission rate in Table 1 when 

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 of the transient driving 

cycle. 

(c) Oxides of nitrogen in a rate that exceeds the applicable 

composite emission rate in Table I when measured over the 

entire transient driving cycle, except as provided in sub. (9). 

(5) GAS CAP INTEGRITY TEST. Any motor vehicle gas cap 

undergoing a test tOr pressure leaks on a gas cap tester rig may 

not exhibit a pressure decay of6 inches of water or more during 

a 10 second measurement period after the gas cap is pressurized 

to 28± 1.0 inches of water. 

(7) FAST·i'ASS TRANSIENT EMISSION TEST. Compliance with 

the emission limitations in sub. (2) for the transient emission test 

may be demonstrated prior to the completion of the test if all of 

the following conditions are met during the same second of the 

transient driving cycle: 

(a) Hydrocarbons. For hydrocarbons, one of the following: 

I. At least 30 seconds of the transient driving cycle has 

elapsed and the cumulative emission level of hydrocarbons, 

measured from the start of the cycle in grams, is less than the 

applicable composite fast-pass emission limitation in sub. (1) of 

Table 3. 

2. At least 94 seconds of the transient driving cycle has 

elapsed and the cumulative emission level of hydrocarbons, 

Register, November, 20 I 0. No. 659 

measured from second 94 of the cycle in grams, is less than the 

applicable phase 2 fast-pass emission limitation in sub. (1) of 

Table 3. 

(b) Carbon monoxide. For carbon monoxide, one of the fol· 

lowing: 

1. At least 30 seconds of the transient driving cycle has 

elapsed and the cumulative emission level of carbon monoxide, 

measured from the start of the cycle in grams, is less than the 

applicable composite fast--pass emission limitation in sub. (2) of 

Table 3. 

2. At least 94 seconds of the transient driving cycle has 

elapsed and the cumulative emission level of carbon monoxide, 

measured from second 94 of the 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 as provided in sub. (9), at least 

30 seconds of the transient driving cycle has elapsed and the 

cumulative emission level of oxides of nitrogen. measured from 

the start of the cycle in grams. is less than the applicable compos~ 

ite fast-pass emission limitation in sub. (3) of Table 3. 

(9) EFFECTIVE DATE FOR OXIDES OF NITROGEN REQlllREMENTS. 

An inspection under s. 110.20 (6) (a), Stats., shall include an 

inspection for emissions of oxides of nitrogen. However, the 

emission limitations for oxides of nitrogen in subs. (2) (c) and 

(7) (c) shall apply for compliance purposes only to inspections 

conducted after May l, 200 I. 

(10) EXEMPTIONS. In addition to the vehicles specified ins. 

285.30 (5), Stats .. the following motor vehicles arc exempt from 

the emission limitations of this 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 and subject to the emis~ 

sion limitations of this section only in conjunction with any of 

the following actions: 

(a) Initial registration of the vehicle under s. 341.266 (2) (a) 

or 341.268 (2) (a). Stats. 

(b) Any transfer of ownership of the 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 For The Transient Emission Test 

(1) MOTOR VEHICLES INSPECTED BETWEEN DECEMBER I, 1995. AND NOVEMBER 30, 1996. 

(a) Lighr-Duty Vehicles. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 of6.000 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 8,500 pound-; and Heavy-Duty Vehicles with GVWR of8,500 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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). Current through 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 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

Model Years (gram simile) (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 of Nitrogen 

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 of6,000 pounds or Jess. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 8,500 pounds and Heavy-Duty Jtehides with GVWR qf8,500 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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. 659 
562-3 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 

(d) Heavy-Duty Vehicles with GVWR o/8.501 to 10.000 pound•. 

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 GVWR greater than 10,000 pounds. 

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 of6,000 pounds or less. 

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 13 

( 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 of Nitrogen 

(grams/mile) 

Composite 

4.0 

6.0 

8.0 

8.0 

8.0 

10.0 

10.0 

15.0 

Oxides of Nitrogen 

(grams/mile) 

Composite 

8.0 

12.0 

16.0 

16.0 

16.0 

20.0 

20.0 

30.0 

Oxides of Nitrogen 

(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 of Nitrogen 

(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). Current through date and Register shown on Title Page. 

Table I (continued) 

Emission Limitations For The Transient Emission Test 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 8,500 pounds and Hemy-Duty Vehicles with GVWR ~{8,500 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

Model Years (grams/mile) (grams/mile) (grams/mile) 

Composite Phase 2 Composite Phase 2 Composit'C 

1997 and newer 

(s 5750 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 57 SO 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 

(d) Heavy-Duty Vehicles with GVWR of8,501 to 10,000 poundo;. i ,, 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

Model Years (gmms/mile) (grams/mile) (grams/mile) 

Composite Phase 2 Composite Phase 2 Composite 

l 998 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 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

Model Years (grams/mile) (grams/mile) (grams/mile) 

Composite Phase 2 Composite Phase 2 Composite 

1998 and newer 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. 659 
562-5 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 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 of Nitrogen 

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 of6,000 pound<; or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 8.500 poun<k and fleavy-Duty Vehicles with GVWR o/8.500 pound< or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 of Nitrogen 

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 16 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 /0,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 of Nitrogen 

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 of6,000 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 8,500 pounds and lfeavy-Duty Vehicles wich GVWR of8,500 pounds or less. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 GVWR greater than 10,000 pounds. 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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). Current through date and Register shown on Title Page. 

Table I (continued) 

Emission Limitations For The Transient Emission Test 

Hydrocarbons Carbon Monoxide Oxides of Nitrogen 

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 department approval gramedto DOT, the emission limitations fur "Not Tier ],.may be applied toall\994-1995 model year light-duty vehicles. {Note: On 

January 7, 1998, the department issued to DOT writtt.'ll approval for this use of the "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 newer light-Juty trucks 

with GV\\'R of6,000 pounds or Jess. 

>upon written department approval granted to DOT, the emission limitations for "Not Tier I" may be applied to all 1994-·1995 model year light-duty trucks with GVWR 

of 6,000 pounds orbs. (Note: On January 1, 1998, the department issued to DOT written approval tOr thi~ use of the ''Not Tier 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 of 6,000 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 and to all 1997 model year and newer hea•;y-duty vehicles with GVWRof8,500 pounds or les~. 

6Upon written department approval granted to DOT. the emi~sion limitations for '·Not Tier I" may be applied to all 19% model year light-duty trucks with GVWR of6,001 

to 8,500 pounds and to all 19% model year heavy-duty vehicles with GVWR of 8.500 pounds or less. (Nok: On January 7, 1998, the department issued to DOT written 

approval for this use of the "Not Tier 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!ied to all 1996 model year light-duly trucks with GVWR 

of 6,00 I to 8.500 pounds which are certitied to meet Tier 1 emission standards and to all \996 model year heavy--duty vehicles with GVWR of 8,500 pounds or le:ss which 

are certified to meet Tier I emi~·sion standards. 

Table3 

Fast-Pass Emission Limitations For The Transient Emission Test 

(1) .HYDROCARBON EXHAUST EMISSIONS. 

(a) Motor vehicles having composite hydrocarbon emission limitations in Table I of at least 0. 60 grams/mile but less than 0.80 

grams/mile. 

Second Composite (gram~) Phase 2 (gr:aDlli) Second Compo~lte (gram~) Phase l (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. I 17 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). Current through 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). Current through date and Register shown o~ Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The Transient Emission 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 having composite hydrocarbon emission limitations in Table I of at least 0.80 grams/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.Q35 
562-11 

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). Current through 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). Current through date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The Transient Emission Test 

(c) Motor vehicles having composite hydrocarbon emission limitations in Table I of at least 1.25 grams/mile but less 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, 20 I 0. 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 

0.173 
Second 

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). Current through date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The Transient 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 

Phase 2 (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 em iss: ion limitations in Table I of2.00 grams/mile or greater. 

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). Current through date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission 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 

Phase 2 (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 

Phase 2 (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 OF NATURAL RESOURCES NR485.04 

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 

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 at lea'it 10.0 grams/mile but less than /5.0 grams/mile. 

.second 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

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 

Phase 2 (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). Current through date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The Transient 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 1 of at least I 5.0 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. 659 
NR485.04 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 The Transient 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 

Phase 2 (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 20.0 grams/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 

Phase 2 (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-Pass Emission Limitations For The 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 

Phase 2 (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). Current tbrough 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-Pass Emission Limitations For The Transient 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 30.0 grams/mile or greater. 

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 

Phase 2 (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 date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The 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 ADMINISTRATIVE CODE 562-22 

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 

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 but less than 2.0 grams/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 date and Register shown on Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The Transient 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 having composite oxides of nitrogen emission limitation.."i in Table I of at least 2.() 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, 20 I 0, No. 659 
i 

' NR485.04 WISCONSIN ADMINISTRATIVE CODE 562-24 i 

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. 

Table 3 (continued) i 

Fast-Pass Emission Limitations For The Transient 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, 20 I 0, No. 659 
DEPARTMENT OF NATURAL RESOURCES NR485.04 

Unofficial Text (See Printed Volume). Current through 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-Pass Emission Limitations For The 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 having composite oxides o.fnitrogen emission limitations in Table 1 of at least 2.5 grams/mile but less 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). Current through 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). Current through 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 having composite oxides of nitrogen emission limitations in Table 1 of 3.0 grams/mile or greate1: 

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. 659 
NR485.04 WISCONSIN ADMINISTRATIVE CODE 562-28 

Unofficial Text (See Printed Volume). Current through date and Register shown o~ Title Page. 

Table 3 (continued) 

Fast-Pass Emission Limitations For The 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. Table 3, (!)(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. Table 3 (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) Register March 2006 No. 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 limit for vehicle inspection 

program. (1) REPAIR cosT LIMIT. For vehicles subject to the 

motor vehicle emission inspection program under 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 of compliance under s. 110:20 (13 ), Stats., from the emis· 

sion limitations of s. NR 485.04, shall be established in accordance with 42 USC 75lla (b) (4) or (c) (3) (C). and regulations 

promulgated thereunder, and shall equal the higher of $450 or an 

amount calculated from a base of $450 and adjusted annually, 

beginning in 1989, by the percentage, if any, by which the consumer price index. as defined in section 502 (b) (3) (B) (v) of the 

Act (42 USC 766!a (b) (3) (B) (v)), has been adjusted. 

(2) CERTIFICATION OF REPAIR COST LIMIT. Beginning in 1994, 

by April I of each year the department shall certify to 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). Current through 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 

1 through 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; correction In {2) made under~ 13.92. (4) (b) 7., Stats.., Reg:i!iiter November 2010 No. 659. 

NR 485.05 Visible emission limits for motor 

vehicles, internal combustion engines and mobile 

sources. No person may cause, allow or pennit 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 5 consecutive seconds. 

(2) Diesel-powered motor vehicles of model year 1970 or later: 

emissions of shade or density greater than number l on the Ringelmann chart or 20% opacity for longer than 10 consecutive seconds. 

(3) oOieseJ~powered motor vehicles of model year 1969 or 

earlier: emissions of shade or density greater than number 2 on 

the Ringclmann chart or 40% opacity for longer than 1 0 consecutive seconds. 

(4) Ships, locomotives, or semistationary diesel engines: 

emissions of shade or density greater than number 2 on the Ringelmann chart or 40% opacity for longer than an aggregate time 

of 5 minutes in any 3D-minute period At no time may emissions 

exceed a shade or density greater than number 4 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 limit for gasoline 

and diesel internal combustion engines. No person may 

cause, allow or permit the emissions of particulate matter to the 

ambient air from stationary or semistationary gasoline or diesel 

powered internal combustion reciprocating engines in excess of 

0.50 pound of particulate 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 a motor vehicle by the manufacturer 

prior to sale unless the person repairs or restores the equipment 

or replaces the equipment with new identical or comparable 

tested replacement equipment. Catalytic converters must be 

original equipment or EPA -certified equipment except as specified in «ub. (2). Air pollution 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, or adsorption. 

(2) (a) Notwithstanding sub. (I). any person may replace the 

catalytic converter with aftennarket equipment certified by the 

U.S. environmental protection agency (EPA) 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) lf the catalytic converter is replaced, the owner of the 

vehicle shall provide a receipt or other evidence showing that the 

replacement converter has been certified by 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) and cr. (2), Register, July, 1989, No. 

403. eff. 8-1-89: CR 05---{)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 under s. 110.20 (6) (b), Stats., or which is 

inspected for tampering of air pollution control equipment. 

(2) RECORDS AND COMPLIANCE. DOT or its designee shall 

maintain a record of vehicles failing the tampering inspection 

conducted under either s. 110.20 (6) (b), Stats., or any other 

enforcement mechanism. DOT may not register or renew registration of a failed vehicle until evidence of repair, replacement 

or restoration of the 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 of a visual check for the presence and proper connection of the following air pollution 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 or the air injector assembly; the fuel inlet restricter: a 

properly seated gas tank fill cap; and the thennostatic air cleaner/ 

filter assembly. A vehicle shall fail the tampering inspection if 

this check indicates any evidence of tampering. 

(b) Full tampering inspections shall also include a visual 

check of the status and opemtion of any 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 if the status of this light indicates an emission malfunction or if the light is not operationaL 

(c) Full tampering inspections may also include a test for the 

presence of lead deposits in the tailpipe if the vehicle is required 

to use unleaded gasoline. Evidence of the use of leaded fuel in 

vehicles requiring the use of unleaded fuel as shown by the presence oflead in the tailpipe, the presence ofleaded fuel in the gas 

tank or evidence of current or previous tampering with the fuel 

inlet restricter shall constitute tampering with the catalytic converter and the exhaust oxygen sensor if the vehicle originally 

had that equipment. When evidence of fuel 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 or restore the catalytic converter and oxygen sensor equipment if the following conditions are met: 

1. A full tampering inspection of the vehicle indicates no 

additional tampering. 

2. The owner of the vehicle provides evidence to DOT or 

its designee that the catalytic converter and oxygen sensor were 

replaced subsequent to April 1, 1988, or the owner provides evidence to DOT or its designee that a previously tampered with but 

partially restored and functional fuel inlet restricter was installed 

in the vehicle prior to or concurrently v..ith the replacement of the 

catalytic converter and oxygen sensor, or DOT or its designee 

detennines that the particular vehicle model is on a list of vehicle 

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 of the substitute procedure maintains the 

inspection program effectiveness in terms of adequate pollution 

Register, November, 20 to, No. 659 
NR485.07 WISCONSIN ADMINISTRATIVE CODE 

Unofficial Text (See Printed Volume). Current through 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 contract or contract extension. 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 

562-30 
Ronald Sklansky 

Clearinghouse Director 

WISCONSIN LEGISLATIVE COUNCIL 

RULES CLEARINGHOUSE 

Terry C. Aadcnon 

Legislative Council Director 

Richard Sweet 

Clearinghouse Assistant Director 

LaunD.Rose 

Legislative Council Deputy Director 

CLEARINGHOUSE REPORT 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 OF NATURAL RESOURCES 

07-12-2005 

08-08-2005 

RNS:JES 

RECEIVED BY LEGISLATIVE COUNCIL. 

REPORT SENT TO AGENCY. 

One East Main Street, Suite 401 • 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, STYLE AND PLACEMENT IN ADMINISTRATIVE CODE [s. 227.15 (2){ c)] 

Comment Attached YES D NO [il 

3. CONFLICT WITH OR DUPLICATION OF EXISTING RULES [s. 227.15 (2) (d)] 

Comment Attached YES D NO~ 

4. ADEQUACY OF REFERENCES TO RELATED STATUTES, RULES AND FORMS 

[s. 227.15 (2){e)] 

Comment Attached 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)] 

Comment Attached YES 0 NO [il 

7. COMPLIANCE WITH PERMIT ACTION DEADLINE REQUIREMENTS [s. 227.15 (2) {h)] 

Comment Attached YESO NO [il 

~. ', 
Roaald Sklansky 

Clearinghouse Director 

Richard Sweet 

WISCONSIN LEGISLATIVE COUNCIL 

RULES CLEARINGHOUSE 

Terry C. Andenon 

Legislative Council Director 

Clearinghouse Assistonl Director 

Laura D. Rose 

Legis/alive Council Deputy Director 

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 

Statutes Bureau and tbe Legislative Council Staff, dated January 2005.) 

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, if it does not conform, how 

the department will comply with s. 285. I 1 (6), Stats. 

b. To provide consistency between the amended title of s. NR 485.04 Table 1 (4) and 

the existing titles of s. NR 485.04 Table I (I) to (3), the department should consider revising the 

title of s. NR 485.04 Table I (4) as follows: MOTOR VEHICLES INSPECTED ON AND 

APTER BETWEEN DECEMBER I, I 998 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 THE STATE OF WISCONSIN 

NATURAL RESOURCES BOARD 

AMENDING AND CREATING RULES 

The Wisconsin Natural Resources Board adopts an order to amend NR 485.04 Table I 

(4) (title) and NR 485.06(2); and to create NR 485.04 Table I (S) relating to motor 

vehicle emission limitations and tampering with motor vehicle air pollution control 

equipment. 

Analysis Prepared by the Department of Natural Resources 

AM-03-05 

l. Statutes interpreted: 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. Statutory authority: ss. 227.11(2)(a), 285.11(1) and 285.30(2) and (6){b), Stats. 

1\ 7- i j[ ,.;; ' 

3. Explanation of agency authority: Section 227.11(2)(a), Stats., gives agencies general rulemaking 

authority. Section 285.11(1), Stats., gives the Department authority to promulgate rules consistent with ch. 

285, Stats. Section 285.30(2), Stats., provides authority for the Department to adopt and revise emission 

limitations for motor vehicles. Section 285.30(6)(b), Stats., prohibits tampering with air pollution control 

equipment, but provides authority for the Department to promulgate rules which peimit exceptions to this 

prohibition. 

4. Related statute or rule: The related statutes are ss. II 0.20, 110.21 and 285.30, Slats. These sections 

specifY requirements for motor vehicle 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 of 

Transportation's administrative interpretation of s. II 0.20, Stats., relating to a motor vehicle emissions 

inspection program. 

S. Plain language analysis: 

The proposed rule will make three general changes to the motor vehicle emission limitations in Table I of 

s. NR 485.04, 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 Wisconsin counties of Kenosha, Milwaukee, Ozaukee, 

Racine, Sheboygan, Washington and Waukesha. To meet requirements in the federal 1990 Clean Air Act 

Amendments, enhanced test procedures (provided inch. Trans 131, Wis. Adm. Code) and emission 

limitations associated with those procedures (provided inch. NR 485, Wis. Adm. Code) took effect during 

December 1995. 

It should be noted that the emission limitations in Table I ofs. NR 485.04, Wis. Adm. Code, are no longer 

used as pass/fail standards for most model year 1996 and newer light-duty vehicles and light-duty trucks 

and for most model year 2005 and newer heavy-duty vehicles. Starting July 2001, most of these vehicles 

have been inspected by a check of the vehicle's computerized on-board diagnostic (OBD) system instead 

of a measurement of the vehicle's tailpipe emissions. 

1 
The three general'Changes to the emission limitations in the proposed rule are: 

' 

a. Relax the emission limitations for oxides of nitrogen (NOx) for some groups of trucks and older 

cars to account for some deterioration of the emission control systems for these vehicles. 

b. Establish new emission limitations for model year 2005 and newer heavy-duty vehicles to account 

for the new federal certification standards required for these vehicles. 

c. SimplifY the emission limitations for some categories of model year 1994-1996 vehicles so that the 

lane inspector would not need to decode data under the vehicle's hood in order to determine the 

proper limitations. 

The specific changes to the 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 of 0. 80 grams per mile (gpm) for hydrocarbons 

(HC), 15.0 gpm for carbon monoxide (CO) and 2.0 gpm for NOx. [This change has 

already been authorized by written approval from the Department of Natural Resources to 

the Department of Transportation, as allowed under the current rule. Without this written 

approval, the current rule would have the above limitations apply only to those vehicles in 

this category which are not certified to meet federal "Tier 1" emission standards, while the 

vehicles in this category which are certified to 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 for NOx is changed from 4.0 gpm to 5.0 

gpm. 

b. Light-Dutv Trucks with Gross Vehicle Weight Rating <GVWR) of 6.000 pounds of less 

i. Model Years 1994-1995: Emission limitations are simplified so that all vehicles in this 

category will have emission limitations of 1.60 gpm for HC and 40.0 gpm for CO. The 

emission limitations for NOx will be 2.5 gpm (for vehicles with Loaded Vehicle Weight 

[LVW] of3,750 pounds or less) or 3.5 gpm (for vehicles with LVW of greater than 3,750 

pounds). [Most of this change has already been authorized by written approval from the 

Department of Natural Resources to the Department of Transportation, as allowed under 

the current rule. Without this written approval, the current rule would have the limitations 

of 1.60 gpm HC, 40.0 gpm CO and 2.5 gpm NOx apply only to 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 of either 0.60 gpm HC, 10.0 gpm CO and 1.5 gpm NOx 

(for vehicles with LVW of3,750 pounds or less) or 0.80 gpm HC, 13.0 gpm CO and 1.8 

gpm NOx (for vehicles with LVW of greater than 3,750 pounds). The only part of this 

change that has not been already applied is the NOx emission limitation of3.5 gpm for 

vehicles with LVW of greater than 3,750 pounds. Currently the Wisconsin IIM program 

uses a NOx emission limitation for these vehicles of 2.5 gpm.] 

ii. Model years 1988-1993: For vehicles with Loaded Vehicle Weight greater than 3,750 

2 
pounds, the emission limitation for NOx is changed from 2.5 to 3.5 gpm. 

iii. Model years 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 

of 8.500 pounds or less 

i. Model year I 996: 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 CO and 3.5 gpm for 

NOx. [This change has already been authorized by written approval from the Department 

of Natural Resources to the Department ofTransportation, as allowed under the current 

rule. Without this written approval, the current rule would have the above limitations 

apply only to those vehicles in this category which are not certified 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 of either 0.80 gpm 

HC, 13.0 gpm CO and I .8 gpm NOx (for vehicles with Adjusted Loaded Vehicle Weight 

[ALVW] of5,750 pounds or less) or 0.80 gpm HC, 15.0 gpm CO and 2.0 gpm NOx (for 

vehicles with ALVW of greater than 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 of8.500 to 10.000 pounds 

i. Model years 2005 and newer: Emission limitation for HC is changed from 2.00 gpm to 

1.00 gpm and emission limitation for NOx is changed from 4.0 gpm 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. Model years 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 I 0.0 gpm to 20.0 

gpm. 

vii. Model years 1968-1969: Emission limitation for NOx is changed from 15.0 gpm to 30.0 

gpm. 

3 
e. Heavv-Dutv Vehicles with GVWR greater than I 0.000 oounds 

i. Model years 2005 and newer: Emission limitation for HC is changed from 3.50 gpm to 

1.00 gpm and emission limitation for NOx is changed from 7.0 gpm to 3.0 gpm. 

The proposed rule will also revise the catalytic converter replacement provisions ins. NR 485.06(2), Wis. 

Adm. Code, to make them consistent with the current federal emission warranty provisions in 40 CFR part 

85. These federal provisions provide an 8 year or 80,000 mile (whichever comes first) warranty for the 

catalytic converter for model year 1995 and newer vehicles. For older vehicles, the federal warranty for 

the catalytic converter lasts for 5 years or 50,000 miles (whichever comes first). Currently s. NR 

485.06(2), Wis. Adm. Code., allows a person to replace the catalytic converter on a vehicle older than 5 

model years or with more than 50,000 miles on the odometer with aftermarket equipment certified by the 

U.S. Environmental Protection Agency (EPA). The proposed revision will allow that type of replacement 

for all model year 1994 and older vehicles (since they all are older than 5 model years) and also allow that 

type of replacement for those model year 1995 and newer vehicles that are older than 8 model years or 

have more than 80,000 miles on the odometer. This change thereby will prevent one from replacing the 

catalytic converter on a model year 1995 and newer vehicle while the converter is still under the federal 

warranty. 

6. Summary of, and comparison with, existing or proposed federal regulation: 

Three federal regulations address activities to 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 CFR part 85. 

40 CFR part 86 provides emission standards for new motor vehicles. 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 stringent than those in the proposed rule. In fact, a key reason for proposing this rule is that staff 

from the Wisconsin Departments ofNatural Resources and Transportation and the 11M program contractor 

found some of the current emission limitations in ch. NR 485 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 meet or 

exceed a minimum performance standard, which is expressed as emission levels in area-wide average 

grams per mile (gpm), achieved from highway mobile sources as a result of the program." The Wisconsin 

11M program is required to meet the "Alternate Low Enhanced 11M Performance Stimdard" in 40 CFR 

51.3 51 (g). Wisconsin's 11M program currently meets this performance standard and will continue to meet 

this standard under the proposed rule revisions. 

40 CFR part 85 includes warranty provisions for motor vehicle emission control equipment. As mentioned 

in the preceding section, the proposed rule will revise the minimum age and mileage levels under which 

the catalytic converter may be replaced to the age and mileage levels to which the original catalytic 

converter is under warranty under 40 CFR part 85. 

An important consideration related to a comparison 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 under the federal Clean Air Act for the control of atmospheric ozone shall conform with the 

federal Clean Air Act unless specified conditions are met. This proposed rule does conform with the 

4 
federal Clean Air Act. It conforms because the proposed emission limitations are not more stringent than 

the federal emission standards for new motor vehicles in 40 CFR part 86, but are stringent enough to 

enable the Wisconsin 11M program to meet the 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 under the federal Clean Air Act.) 

7. Comparison with rules in adjacent states: 

The only state adjacent to Wisconsin with a vehicle inspection program is Illinois. The motor vehicle 

emission limitations in Illinois are similar to those in Wisconsin for hydrocarbons (HC) and carbon 

monoxide (CO). For most vehicle categories the HC and CO emission limitations for Wisconsin and 

Illinois are the same, but the Illinois emission limitations are more stringent than Wisconsin's for some of 

the model year 1996 light-duty trucks, while the Wisconsin emission limitations are more stringent for the 

model year 1987 cars and the model year 1981-19871ight-duty trucks. However, overall the Wisconsin 

emission limitations, both current and those proposed in this rule, are more stringent than 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 not require that the Illinois 11M program fail 

vehicles for high NOx emissions, since EPA has granted the one-hour ozone nonattainment areas in the 

Lake Michigan region a waiver, under section 182(f) of the federal clean air act, from certain NOx 

requirements. While this "NOx waiver" also covers the Wisconsin 11M program area, Wisconsin elected to 

enforce NOx cutpoints starting in 2001, since new modeling evaluations have shown that the region's 

ozone problem could be reduced through a regional NOx control effort. If the Illinois 11M program area 

loses this ''NOx waiver" for their upcoming state implementation plan (SIP) for attaining the 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 current and those proposed in this rule, are neither 

the most lenient nor the most stringent among the 11M programs in the United States. As discussed above, 

the Illinois emission limitations are currently more lenient than Wisconsin's. However, the emission 

limitations for the State of Missouri 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 stringent than Wisconsin's for model years 1981-

1986.) 

8. Summary offactual data and analytical methodologies: 

The proposed changes to the emission limitations are based on a cooperative analysis ofthe current 

emission limitations by staff of the Departments of Natural 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 of Wisconsin's Vehicle Inspection Program, May 2003, prepared for 

the Wisconsin Legislature by the Departments of Natural 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 CFR part 86; statistics of vehicles failing the 11M inspection by vehicle category; and 

information from automotive technicians on the ability of certain categories of vehicles to be repaired to 

meet the current emission limitations. 

The main analytical methodology used in determining the revised emission limitations was the process of 

5 
converting the 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 setting the revised emission limitations 

to levels sufficiently greater than the federal standards to account for some deterioration of the emission 

control systems. 

9. Analysis and supporting documents used to determine effect on small business or in preparation 

of economic impact report: The proposed rule is not expected to have a significant effect on small 

businesses nor have a significant economic effect on any entity. The main impact of the proposed rule is 

that slightly fewer vehicles will fail the vehicle emission inspection. The Department estimates that about 

500 fewer vehicles will fail per year, which is expected to be less than one percent of the total initial 

inspection failures (79,000 vehicles failed the initial inspection during 2004). 

10. Effect on small business: The proposed rule is not expected to have a significant effect on small 

businesses. Small businesses that own vehicles subject to the 11M program have been and will continue to 

be affected by the 11M program in the same way individual vehicle owners are affected. The proposed rule 

will not impose any new requirements on small businesses. 

11. Agency contact person: Christopher Bovee; 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 of Nirrogen 

(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 or less. 

Model Yean Hydrocuboos Carbon Monoxide Oxides of Nitrogen 

(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 L VW) 1.60 1.00 40.0 32.0 2.S 

( > 3750 lbs L VW) 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 8,500 pounds and Heavy-Duty Vehicles with GVWR of 8,500 

pounds or less. 

Model Years Hydrocarbool Carbon Monoxide Oxides of Nitrogen 

(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 10,000 pounds. 

Model Years Hydrocarboos Cuboa MOilOXide Oxides of Nittogcn 

(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 greaier than 10,000 pounds. 

Model Years Hydroc:ubons Cuboa MOIIOXide Oxides of Nitrogeo 

(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 OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

By~&~~"'9~1Mf,!(,4,~4 Scott Hassett, 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 motor vehicle 

emission limitations and tampering with motor vehicle air pollution control equipment. The Department's 

State Implementation Plan will be revised as a result of this revision. A motor vehicle 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. To meet requirements for 1/M programs in the federal Clean Air Act 

Amendments of 1990, Wisconsin started •enhanced" emission inspections on December 4, 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 of excess 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 of vehicles as 

follows: 

1. Relax the cutpoinls for oxides of nitrogen (NOx) for some groups of trucks and older cars to 

account for some deterioration of the 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 for these vehicles; and 

3. Simplify the cutpoints for some categories of model year 1994 to 1996 vehicles so that the lane 

inspector would not need to decode data under the vehicle's hood in order to determine the proper 

cutpoints. 

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Slats., the proposed rules 

may have an impact on small businesses. The initial regulatory flexibility analysis is as follows: 

a. Types of small businesses affected: Small businesses that own nonexempt motor vehicles 

customarily kept in the 1-county 1/M program area and small businesses that repair motor vehicles that 

fail the 1/M inspection. Under the proposed rule, slightly fewer vehicles would fail the 1/M inspection. This 

may lower vehicle repair costs for some small businesses that own motor vehicles, but may also result in 

a slight decrease in business for small businesses that repair motor vehicles. 

b. Description of reporting and bookkeeping procedures required: Other than 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 document would summarize the Department's consideration of the impacts of 

the proposal and reasonable alternatives. 
NOTICE IS HEREBY FURTHER GIVEN that the 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 pursuant to the Americans with Disabilities Act, 

reasonable accommodations, including the provision of information 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 of the 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 of Air Management P.O. Box 7921, Madison, WI 

53707. Comments may be submitted until September 2, 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 of the proposed rule and fiscal estimate may be obtained by contacting 

Proposed Rules, Bureau of Air 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 OF WISCONSIN 

DEPARTMENT OF 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 adopts an order to repeal NR 484.04 (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 (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 by the Deparbnent of Natural 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 of agency authority: Section 110.20(13)(b), Slats., gives the Department authority to 

establish the amount of the repair cost limit for the vehicle inspection and maintenance program. Section 

227. 11 (2)(a), Slats., gives agencies general rulemaklng 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 motor vehicles. 

4. Related statute or rule: The related statutes are ss. 110.20, 110.21 and 285.30, Slats. These 

sections specify requirements for motor vehicle 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 of 

Transportation's administrative Interpretation of s. 110.20, Slats., relating to a motor vehicle emissions 

inspection program. 

5. Plain language analysis: 

A motor vehicle 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 of 2001, however, all model year 1998 and newer cars and light trucks 

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 of statutory changes in the 2007-2009 

biennial budget which exempted from the liM program the model years of vehicles not federally-required 

to be equipped with the 080-11 technology (model year 1995 and older cars and light trucks and model 

year 2006 and older heavy trucks). 

Throughout the history of the liM program, a vehicle failing the tailpipe test was eligible for a waiver of 

compliance if the cost of repairs to the vehicle exceeded the applicable repair cost limit and if other 

conditions specified in Trans 131, Wis. Adm. Code, were met However, prior to July, 200g, the program 

did not allow such waivers, referred to as "cost waivers', 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 of cost 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 of these two issues follow: 

1 
Shebovgan Countv: 

For aiii/M program counties except Sheboygan. the repair cost 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 for vehicles of a 1981 or newer model year 

and at $75 for older vehicles. 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 of federally-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 liM program did not issue any cost waivers for vehicles failing the OBD-11 

inspection. Cost waivers were 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 that to pass a 

waiver equipment inspection, which is a prerequisite for receiving a waiver, 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 a vehicle fails the OBD-11 inspection. Therefore. no cost waivers 

were issued for vehicles failing the OBD-11 inspection and once the liM program became OBD-11-

only in July of 2008, the program did not issue any cost waivers at all. 

Prior to the 11M program becoming OBD-11-only in July, 2008, the program also provided an 

alternative test, allowing a vehicle to be inspected regardless of the MIL status. However. now 

that the program administers only the OBD-11 test, the DOrs OffiCe of General Counsel has 

determined that DOTs prior interpretation of s. Trans 131.05(1)0), WIS. Adm. Code, was contrary 

to s. 110.20(13). WIS. Stats .• since it prevented issuing a cost waiver to every inspected vehicle, 

regardless of the 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 of amending Trans 131.05(1)0), Wis. Adm. Code, to 

allow a cost waiver in certain circumstances even if a vehicle's MIL is unable to be tumed off; 

thereby conforming their rule to statutory language. 

For the six 11M program counties other than Sheboygan, the DNR is projecting that the resumption of cost 

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 air quality standards. However, the 

DNR Is projecting that the current lower cost limits for Sheboygan County would increase the motor 

vehicle emissions in Sheboygan County by four percent, enough to exceed the emissions projected in the 

SIP. Raising the repair cost limit for 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 

been conducted by the 1/M program and are intrusive, involving the cutting or crimping of fuel 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 motor vehicle 

inspection and maintenance programs under that 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 a vehicle inspection and maintenance program. In Illinois the 

repair cost limit for a waiver is $450. Thus, the state of Illinois has not adjusted its repair cost limit for the 

increase in the federal consumer price index since 1989 > 

8. Summary of factual data and analytical methodologies used and how any related findings 

support the regulatory approach chosen: 

The U.S. Environmental Protection Agency (EPA) has issued guidance for adjuSting the repair cost limit 

for inflation: Calculation of the 1/M waiver Adjusted for CPl. Office of Mobile Sources, U.S. EPA, EPA 

420-B-99-011, December, 1999, http:/fwww.epa.gov/otag/epglb99011.odf. The DNR has followed this 

guidance for calculating the repair cost limit The consumer price index (CPI) adjustment for 1989 to 2009 

was 1.7520, resulting in a repair cost limit for July, 2010, through June, 2011, of $450 *1.7520 = $788. 

9. Analysis and supporting documents used to determine the effect on small business or In 

preparation of an economic Impact report: 

The only economic effect of the proposed rule is that the liM-related repairs may be more expensive for 

some vehicles in Sheboygan County that what they would be under the current rule. The proposed rule 

would not affect repair costs for vehicles in the other six liM program counties. The DNR estimates that 

under the proposed rule, the average cost to repair a failed vehicle during 2011 would be $416 throughout 

the seven-county program area. The DNR further estimates that under the current rule the average cost 

to repair a faUed vehicle during 2011 would be only $200 for vehicles in Sheboygan County and the same 

$416 value for vehicles in the other six liM program counties. Thus, the proposed rule is estimated to 

increase the average repair cost per failed 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 

by the liM program in the same way that Individual vehicle owners are affected. The proposed rule may 

have a small, 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 offset some of these increased 

costs. 

The proposed rule will not impose any new requirements on small businesses. 

11. Agency contact person: 

Christopher Bovee, DNR- Bureau of Air 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 motor vehicle 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 under s. 110.20 (6) (a), Stats., shall include an inspection for emissions of oxides of nitrogen. 

However, the emission limitations for oxides of nitrogen in subs. (2) (c) and (7) (a) 3 . .(Zl.{!U shall apply for 

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. For vehicles subject to the motor vehicle emission 

inspection program under s. 110.20 (6), Stats., the repair cost limit for determining eligibility for a waiver of 

compliance under s. 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 or an amount calculated from a base of 

$450 and adjusted annuallv. beginnjng in 1989. bv the oercentage. if any. by which the consumer price 

4 
index. as defined in section 502 (b) (3) !Bl M of the 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 of Wisconsin 

Natural Resources Board on August 11, 2010. 

Dated at Madison, Wisconsin October 5, 2010. 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

(SEAL) 

~ta?L 

5 
Ronald Skllosky 

Clearinghouse Director 

Rithard Sweet 

WISCONSIN LEGISLATIVE COUNCIL 

RULES CLEARINGHOUSE 

Terry C. Anderson 

Legislative Council Director 

· LaunD.Ro.!le 

Clearinghouse Assistant Director Legislative Council Deputy Director 

CLEARINGHOUSE REPORT 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 10-049 

AN ORDER to repeal NR 484.04 (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 

NR 485.04 (7) (a), and 485.045 (I) (intro.); and to amend NR 485.04 (2) (intro.) and (9), relating 

to the vehicle inspection and maintenance program and affecting small business. 

Submitted by DEPARTMENT OF NATURAL RESOURCES 

04-29-2010 RECEIVED BY LEGISLATIVE COUNCIL. 

05-24-2010 REPORT SENT TO AGENCY. 

RS:LAK 

One East Main 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 Rule No. I 0-049 

Form 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 0 

2. FORM, STYLE AND PLACEMENT IN ADMINISTRATIVE CODE [s. 227.15 (2) (c)] 

Comment Attached YEsO NO 0 

3. CONFLICT WITH OR DUPLICATION OF EXISTING RULES [s. 227.15 (2) (d)] 

Comment Attached YEsO NO 0 

4. ADEQUACY OF REFERENCES TO RELATED STATUTES, RULES AND FORMS 

[s. 227.15 (2) (e)] 

Comment Attached YEsO NO 0 

5. CLARITY, GRAMMAR, PUNCTUATION AND USE OF PLAIN LANGUAGE [s. 227.15 (2) (f)] 

Comment Attached YEsD NO 0 

6. POTENTIAL CONFLICTS WITH, AND COMPARABILITY TO, RELATED FEDERAL 

REGULATIONS [s. 227.15 (2) (g)] 

Comment Attached YESO NO 0 

7. COMPLIANCE WITH PERMIT ACTION DEADLINE REQUIREMENTS [s. 227.15 (2) (h)] 

Comment Attached 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 FORM IS TO BE CQMpLETED AND SUBMITTED 

BEFORE THE SIARJ OF THE HEARING, 

Personally identifiable information on this form is not intended to 

be used for any other purpose. 

PLEASE PRINT 

Date 

Street or Route (Mailing Ad ross) 

~ }JI &.!& CW-L- , City, State, Zip Code ,. 

3. Comments: 

4. Position (Please check one): 

0 As interest may appear 

THIS FORM IS TO BE COMPLETED AND SUBMITTED 

BEFORE THE START OF THE HEARING· 

Penoaally Identifiable Information oa this form is aot lateaded to 

be ased for aay other purpose. 

·PLEASE PRINT 

Date '(,I /U f (.) 

Street or Roate (MaiUaJAdclress) 1--

""t ~ S 2- 1\) d /tJI-. S, I 

State of Wisconsin 

Department of Natural Resources 

HEARING APPEARANCE 

Form 8300..14 Rev. I-97 

Do you .nsh to make an oral statement? 

0 Yes 0 No 

Telephone Number (please include area code) 

0 In support 

( ., ~t) ) "/ti 7- ~0 

0 Yes 0 No 

.Jif In opposition 

State ofWisconsia 

Department of Natural Resources 

HEARING APPEARANCE 

Form 11300-14 Rev.l-97 

0 No 

u re the authoriad represeatative of some other persoa or orpalzadoa, ideatiJY who you are represeatlagaad your title.) 

:z. Reprdiac rule proposals only. SmaU business represeatadoa: Are you reprsaendag theiaterests of a small busla011 u dellaed by s.ll7.114, 

Wm. Stats. u •a baslaess eatity, iacludlag its affiliates, which is iadepeadendy owaed and operated aad aot domlaaat Ia its lleld, aad which 

employs fewer thaa lS fail-time employees or which hu a gro51 aaaualoales of less thaa $1,500,000"? ,.k 

~0 0~ ~~ 

3. Comments: 

4. P01itloa (Pieaoe check oae): 

0 As iaterest may appur 0 Iaoupport Ia opposltloa 
I 

BEFORE THE 

DEPARTMENT OF NATURAL RESOURCES 

NOTICE OF PUBLIC HEARING 

Natural Resources Board Order AM-13-1 0 

NOTICE IS HEREBY GIVEN THAT pursuant toss. 227.16 and 227.17, Slats, the Department of Natural 

Resources, hereinafter the Department, will hold a public hearing on repealing, renumbering and 

amending, and amending rules affecting chs. NR 484 and 485, relating to the motor vehicle 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 under s. 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 of Air Management (AMfl), 101 S Webster, 

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 of the 

scheduled hearing. 

Availability of the 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 . If you do not have Internet access, a printed copy of the 

proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by 

contacting Robert B. Eckdale, Department of Natural Resources, Bureau of Air 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, or through 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 of Air Management (AMf7) 

101 S Webster 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 by the Department of Natural 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. 

Statutory authority: 

ss. 110.20(13)(b), 227.11(2)(a), 285.11(1)and285.30(2), Wis. Slats. 
Explanation of agency authority: 

Section 110.20(13)(b), Slats., gives the Department authority to establish the amount of the repair cost 

limit for 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 motor vehicles. 

Related statute or rule: 

The related statutes are ss. 110.20, 110.21, and 285.30, Slats. These sections specify requirements for 

motor vehicle 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 of Transportation's administrative 

interpretation of s. 110.20, Slats., relating to a motor vehicle emissions inspection program. 

Plain language analysis: 

A motor vehicle 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 of 2001, however, all model year 1996 and newer cars and light trucks 

were inspected by scanning the vehicles' computerized second generation on-board diagnostic (OBD-11) 

systems. As of July, 2008, the program dropped tailpipe testing 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 budget which exempted from the 11M program the model years of vehicles not federally-required 

to be equipped with the OBD-11 technology (model year 1995 and older cars and light trucks and model 

year 2006 and older heavy trucks). 

Throughout the history of the 1/M program, a vehicle failing the tailpipe test was eligible for a waiver of 

compliance if the cost of repairs to the vehicle exceeded the applicable repair cost limit and if other 

conditions specified in Trans 131, WIS. Adm. Code, were met. Prior to July, 2009, the program did not 

allow such waivers, referred to as "cost. waivers•, for vehicles failing 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 of cost waivers: ( 1) the lower 

repair cost limits currently in effect for vehicles 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 of these two issues follow: 

Sheboygan Countv: 

For all 11M program counties except Sheboygan, the repair cost 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 for older 

vehicles. Sheboygan County has had lower repair cost fimits 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 of federally-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 cost waivers 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 a waiver, 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 a vehicle 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 

Prior to the liM program becoming 080-11-only in July, 2008, the program also provided an 

alternative test, allowing a vehicle to be inspected regardless of the MIL status. However, now 

that the program administers only the 08D-11 test, the DOT's Office of General Counsel has 

determined that DOT's prior interpretation of s. Trans 131.05(1)(j), Wis. Adm. Code, was contrary 

to s. 11 0.20(13), Wis. Slats., since it prevented issuing a cost waiver to every inspected vehicle, 

.regardless of the 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 of amending Trans 131.05(1)(j), Wis. Adm. Code, to 

allow a cost waiver in certain circumstances even if a vehicle's MIL is unable to be turned off; 

thereby conforming their rule to statutory language. 

For the six 1/M program counties other than Sheboygan, the DNR is projecting that the resumption of cost 

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 air quality standards. However, the 

DNR is projecting that the current lower cost limits for Sheboygan County would increase the motor 

vehicle emissions in Sheboygan County by four percent, enough to exceed the emissions projected in the 

SIP. Raising the repair cost limit for Sheboygan County to the level used for the other six 1/M program 

counties.would enable Sheboygan County to achieve the emission levels projected in the SIP. 

Rule Summary: 

The DNR is proposing to expand the coverage of the inflation-adjusted, currently $787, repair cost limit in 

s. NR 485.045, Wis. Adm. Code, to ail counties subject to 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 

These tests 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 or crimping of fuel vapor lines. 

The steady-state tests were effective early in the 1/M program, but are no longer conducted. These tests 

are poor at identifying and diagnosing emission problems in today's vehicles. 

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 motor vehicle 

inspection and maintenance programs under that act. These regulations are found in 40 CFR 51.350 to 

51.373. 

Comparison with similar rules In adjacent states (Illinois, Iowa, Michigan, and Minnesota): 

Illinois is the only adjacent state that has a vehicle inspection and maintenance program. In Illinois the 

repair cost limit for a waiver is $450. Thus, the state of Illinois has not adjusted its repair cost limit for the 

increase in the federal consumer price index since 1989. 

Summary of factual data and analytical methodologies used and how any related findings support 

the regulatory approach chosen: 

The U. S. Environmental Protection Agency (EPA) has issued guidance for adjusting the repair cost limit 

for inflation: Calculation of the 1/M Waiver 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 

guidance for calculating the repair cost limit. The consumer price index (CPI) adjustment for 1989 to 2008 

was 1.7487, resulting in a repair cost limit for July, 2009, through June, 2010, of $450 *1.7487 = $787. 

Analysis and supporting documents used to determine the effect on small business or In 

preparetlon ofan economic Impact report: 

The only economic effect of the proposed rule is that the liM-related repairs may be more expensive for 

some vehicles in Sheboygan County that what they would be under the current rule. The proposed rule 
would not affect repair costs for vehicles in the other six 1/M program counties. The DNR estimates that 

under the proposed rule, the average cost to repair a failed vehicle during 2011 would be $416 

throughout the seven-county program area. The DNR further estimates that under the current rule the 

average cost to repair a failed vehicle during 2011 would be only $200 for vehicles in Sheboygan County 

and the same $416 value for vehicles in the other six 1/M program counties. Thus, the proposed rule is 

estimated to increase the average repair cost per failed vehicle in Sheboygan County by $216. 

Effect on small business: 

Small businesses that own vehicles subject to the 1/M program have been and will continue to be affected 

by the 1/M program in the same way that individual vehicle owners are affected. The proposed rule may 

have a small, 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 offset some of these 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. 

Environmental Analysis 

The Department has made a preliminary determination that adoption of the proposed rules would not 

involve significant adverse environmental effects and would not need an environmental analysis under ch. 

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 of the 

impacts of the proposal and any reasonable alternatives. 

Fiscal E.t/mate Summary 

The only fiscal effect of the proposed rule is that the liM-related repairs may be more expensive for some 

vehicles in Sheboygan County than what they would be under the current rule. The proposed rule would 

not affect repair costs for vehicles in the other six VM program counties. The DNR estimates that under 

the proposed rule, the average cost to repair a failed vehicle during 2011 would be $416 throughout the 

seven-county program area. The DNR further estimates that under the current rule the average cost to 

repair a failed vehicle during 2011 would be only $200 for vehicles in Sheboygan County and the same 

$416 value for vehicles in the other six 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 of the vehicles fail the initial inspection and since vehicles are inspected every other year, 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 number of state and local government vehicles registered in Sheboygan 

County which 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 government and $7.56 • 450 = $3400 for 

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 County which are subject to 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 subject to 

inspection is $756 per year. 

Improved fuel efficiency resulting from the more thorough repairs may offset some of these incre<~sed 

costs. 

Agency contact person: 

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 DEPARTMENT OF TRANSPORTATION Trans 131.02 

Unofficial Text (See Printed Volume). Current through datt> and Register shown on Title Page. 

Chapter Trans 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 of temporary exemption from emission inspection requirements. 

Note: Chapter Trans 13 I as it existed on June 30. I 993 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. I 10.06. I 10.20 (9) and 227.1 I (2) 

(a), Stats., the purpose of this chapter is to establish the department's administrative interpretation of s. 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 by the department of natural 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 I 31 .07. For purposes of determining where a vehicle is customarily kept. the county of domicile as indicated by the vehicle 

owner and contained in the department's title data base shall be 

used. In the absence of an indicated county of domicile, the owner 

or lessee's post office address shall be used to determine county 

of domicile. The department may detennine 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 inspection as required in this chapter. If the 

vehicle owner or lessee 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 of the department. Notr: Fonns used in tb'ts chapter are MV 2016. substitute renewal notice; MY 

2470. vehicle inspecrion report; MY 2472. application for leiter of temporary 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) Regi~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 of the air 

po!lution control system on a motor vehicle. 

(1m) "Authorized inspection facility" means a self-service 

inspection facility, or a private inspection facility, or an inspection 

station or facility operated by the department, or by 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 of repair llu:ilities. 

Automotive emission repair technician training. 

Notification of inspection 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 or for the pcrfonnance of emission 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. 

(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 of transportation. 

(8) "Electronic reporting," "electronically reported" or 

·'reported electronically" means reported directly to the department or its contractor electronically in a fonnat specified by the 

department 

(9) "Emission limitations" means the maximum vehicle emission concentrations ins. NR 485.04. 

Note: Chapter NR 485 may be obtained from the WiSCQILSin Department of Natural Resources., Bureau of Air Management, P.O. Box 792 I, 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 of substances emitted into the atmosphere from the tailpipe or tailpipes of a motor vehicle. 

(15) "Federal nde"" means 40 CFR part 51. subpartS. inspection/maintenance program requirements; final rule. Note: All references made to the Federal Rule in this document 11r<! to 40 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 "weight rating 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, or federaUyrecognized 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 (See Printed Volume). Current tbrough date and Register shown on Title Page. 

(22) "Inspection" means the mandatory vehicle emission inspection required by s. 110.20, Stats., consisting of an OBD Il 

inspection. 

(23) ·'Inspection report" has the same meaning as provided in 

sub. (54). 

(24) "Inspection station" means an inspection facility operated by a party under contract with the department for the pnrpose 

of conducting vehicle emission inspections required by s. 110.20, 

Stats. 

(25) "Inspector" means the individual who performs the vehicle emission inspection for the contractor or subcontractor. 

(26) "MIL" means malfunction indicator lamp. 

(28) "Master automotive technician" means a person possessing the highest level of any nationally recognized certification organization for automotive emission-related diagnosis and repair. 

(29) "Model year" means the date of manufacture of the original vehicle within the annual production period of the vehicle as 

designated by the manufacturer, or if a reconstructed or homemade vehicle, the first year of titling. If the manufacturer does not 

designate a production period, the tenn "model year" means the 

calendar year of manufacture. Detennination of model year shall 

be as indicated in the VIN or on the vehicle's registration documents. 

(31) "New vehicle" means a motor vehicle to which the legal 

title has never been transferred 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 promulgated by the USEPA under 42 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 of the vehicle's emission control system. 

(35) "Perfonnance monitoring" means the system of evaluating automotive repair facilities' perfonnance by collecting andreporting the repair data as recorded on the vehicle inspection report 

or as reported electronically, upon perfonnance of the repair. 

(36) "Person" means an individual, corporation, association, 

ftnn, partnership, joint stock company, public or municipal corporation, political subdivision, the state or any agency thereof, and 

the federal government. 

(37) "Proper'' or "properly"' means meeting original manufacturer's equipment standards or the equivalent. 

(37m) "Readiness monitors" means the tests performed internally by a vehicle's OBD II system that detennine if an emission 

component is ready to be checked by the on-board vehicle computer. 

(38) "Recognized automotive emission repair technician" 

means a person who has received and has proof of formal training 

in both diagnosis and repair of automotive 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 emission repairs as a regular part of its business activities and employs at least one recognized automotive emission repair technician. 

(40) "Reconstructed vehicle" has the same meaning as provided in s. 341.268 ( l) (d), Stats. 

(41) "Registration" has the same meaning as provided ins. 

344.01 (2) (e). Stats. 

(42) "Remote sensing test" means the test conducted under s. 

Trans 131.14. 

(44) "Tamper" or •'tampering" has the same meaning 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 of an inspection station which, under the direction of a master automotive technician. is equipped 

to perform both emission inspections and complete diagnostic 

evaluations of nonexempt vehicles. 

(48) "Truck" has the same meaning as •'motor truck" as provided in s. 340.oi (34), Stats. 

(50) "USEPA" means the United States Environmental 

Protection Agency. 

(50m) "USEPA technical guidance" means the USEPA 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 

approved by the USEPA administrator prior to use. 

Note: Copies are on file with the Legislative Reference Bureau and the Allomey 

General's office. These procedures are available in published tOnn from the Wisconsin DepartmentofTransportatioo, Bureau of Held Services. P. 0. Box 7909, Rnom 

253, Madison. WI 53707-·-7909 and can be accessed on the internet at http:/lv.ww.epa.govlotaqlregs.'imiobdfrQ I 0 15.pdf. 

(51) "\1m" means a motor vehicle constructed on a truck 

chassis, or indicated 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 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 ofs. 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" mean.-; a serially numbered 

document issued at an inspection station or authorized inspection 

facility or technical assistance center or by an inspector designated by the department 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. 

(55) "YIN" means a unique vetVcle identification number as 

defined ins. 340.QI (23r), Stats. • 

(56) .. Voluntary inspection" means the voluntary presentation 

of a nonexempt vehicle for an emission inspection. 

(56m) "Waiver" means a conditional one-cycle exemption 

from emission inspection that may be granted to a vehicle owner 

or lessee. 

(57) "Waiver emission equipment inspe(..-tion" means a visual 

inspection conducted to determine the presence and proper connection of selected emission equipment on vehicles presented for 

waiver detennination under 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 (I 0), ( 14) to ( !6), (18) 10 (22). (24). 

(26) to (28) and (34) w (42) w be (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 under s. 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). Current through date and 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 a resolution under s. 110.20 

(5) (b), Stats .• shall be inspeCted as provided in this chapter. Penalty for fuilure to comply with this section consists of either denial 

of registration renewal or suspension of vehicle registration as set 

forth ins. 341.63 (!)(e). Stats. 

Note: The 6 counties of Kenosha. Milwaukee, Ozaukee, Racine, Washington and 

Waukesh<! were certifie<.l by the department of natural resources in a letter to the department dated August 21. 1981. Sheboygan County was certified by the dt.-partment 

of natufl:ll resource:; in a letter to the department dated April 20. 1992. 

(b) Nothing in this chapter waives an expired registration because of tailure to pass inspection requirements by the registration 

deadline. 

(c) A vehicle is first subject to the requirements of this chapter 

when the vehicle is 4 model years old. 

(d) For purposes of calculating the number of model 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 of this chapter prior to the 

date of registration expiration shall not extend vehicle age. 

Note: For example, a 2004 model ytoar vehicle 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 of the following apply: 

(a) No more than 180 days prior to renewal of annual 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: For example, a 2004 model year vehicle shall be considered as being more 

than 4 mr>del years old commencing"January 1. 200K 

(c) Within 45 days of notification of failing a remote sensing 

test, as required by s. I I 0.20 (9) (g), Stats. 

(d) Within 45 days of collector 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 least one of the 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 of registration. 

(c) A current Wisconsin certificate of title. 

(d) A vehicle inspection report if a reinspection, unless repair 

performance data has. upon performance of the repair, been 

reported electronically. 

(e) A letter of temporary 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 of the 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 of an OBD II inspection which indicates 

whether the MIL is commanded on and, if so, the DTCs causing 

the COIII.mand. ,. 

(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 MJL status is commanded on. 

(b) If the MIL is not commanded to be illuminated, the vehicle 

shall pass the OBD inspection, even if DTCs 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 or boiling 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 of fuel 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 and newer vehicles equipped 

with OBD II systems. The 080 inspection shall be performed according to the procedures specified in section 85.2222 of the federal rule. 

2. If the vehicle's DLC cannot be located, or is located such 

that an inspector cannot reasonably access it during the course of 

a vehicle im.'J)eCtion, the vehicle shall receive a waiver equipment 

inspection as provided ins. Trans 131.05 and, pending the outcome of this in~'Pection, 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 

(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 US EPA technical guidance. If the readiness 

evaluation indicates that any on--board tests are not complete, the 

vehicle shall be rejected from inspection. Vehicles rejected 

because on--board tests are not complete shall be required to leave 

the inspection station, pursue a means of completing on-board 

tests, and return for inspection. 

4. An exception is allowed tOr model year 1996 to model year 

2000 vehicles, with 2 or fewer unset readiness monitors, and for 

model year 2001 and newer vehicles 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 unset readiness 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. If the 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 of Wisconsin until such failing items have 

Register. December, 2010, No. 660 
Trans 131.03 WISCONSIN ADMINISTRATIVE CODE 148 

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. 

been repaired or replaced if necessary 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 take place within 30 days of the initial inspection or the owner or lessee shall present satisfactory evidence that the repairs and adjustments which were performed on 

the vehicle could not have been made within 30 days of the initial 

inspection. Additionally, the vehicle shall have been repaired or 

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 of the repair. The completed repair section on the 

vehicle inspection report, or the data reported electronically, shall 

indicate all of the 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 of the repair facility. 

c. The name of the individual who performed the repairs. 

d. If available, the appropriate identification number of the 

recognized repair facility and technician. 

3. The vehicle is not prohibited from inspection pursuant to 

sub.(\\). 

(b) 2. A vehicle that fails the OBD inspection shall be reinspected after repair provided a readiness evaluation indicates that: 

a. All applicable on~board tests are complete for the component for which the vehicle failed its prior inspection, and 

b. All applicable on-board tests are complete except as 

allowed under sub. (6) (d). 

Note: For example, a catalytic monitor must be ready after a catalyst is repaired 

(c) If the vehicle passes the reinspection, the contractor shall 

retain all previously-issued vehicle inspection reports and issue 

a vehicle inspection report indicating compliance. If the vehicle 

does not pass the reinspection, the contractor shall issue a vehicle 

inspection report indicating non-compliance. If the owner or lessee requests a waiver of compliance from emission limitations., 

the waiver investigator shall review the request and shall either 

approve or deny the request in accord with 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 of inspections performed at no additional charge shall apply for each vehicle requiring compliance with this chapter: 

1. A vehicle may receive no more than 2 reinspections. The 

reinspections shall occur within 30 days of initial inspection. 

2. If the vehicle does not meet applicable emission inspection 

standards, the owner or lessee may apply for a waiver of compliance from these standards in accord with s. Trans 131.04. 

(e) Nonexempt vehicles may be reinspected at any time ac- cording to the voluntary inspection procedure of s. Trans 131.07. 

{11) }NSPE.CTION PROHIBilhD. The inspector shall refuse to perform any inspection required by this section for any vehicle if any 

of the following apply: 

(b) The vehicle is carrying explosives or other hazardous material which is recognized as a safety hazard by the contractor. 

(c) The vehicle is towing a trailer 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 the judgment 

of the contractor. 

(f) The vehicle is emitting smoke in amounts greater than the 

limitations specified ins. NR 485.05. 

(j) The vehicle is subject to a manufacturer's recall for emission problems and the recall repair 1las not been perfo~d Vehicles for which emission-related recall notices have been issued 

shall have the recall repairs completed prior to submitting the vehicle for inspection. The owners or lessees of these vehicles shall 

present proof of compliance with the recall notice at time of inspection, unless the emission-related recall notice has been issued 

within 45 days prioc to submitting the vehicle for inspection. 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 odometer reading to the inspector. 

(L) The vehicle operator refuses to yield the driver's seat. 

{m) Upon a reinspection, the vehicle operator fails to provide 

a properly completed repair form to the inspector. unless the repair 

infonnation is reported electronically, upon performance of the 

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 for inspection. 

(o) Vehicles shall be rejected from 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 200 l 

and newer vehicles, as provided in 40 CFR 85.2222 (c) (2). 

(12) RF.CONSTRUCfED AND HOMEMADE 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 of the 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 

a completed MV2588, exchanged engine certification funn, to the 

waiver investigator. In addition, the vehicle owner shall locate the 

engine number on the engine for purposes of engine year veri fica~ 

tion by the waiver investigator. 

{13) VEHICLES WITH EXCHANGED ENGINES. {a) A motor vehicle with an exchanged engine shall be subject to OBD II inspection compliance standards established ins. Trans \3\.03 (5). 

{14) TRUCKS AND VANS. All trucks and vans shall be inspected 

in accord with the standards applicable to the manufacturer's 

GVWR as indicated either in the vehicle's identification number 

or on the vehicle's doorpost lfthere is 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) 1be operator of each vehicle inspected shall receive a vehicle inspection report, 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 electroni~ 

cally, shall indicate: 

l. Inspection serial number. 

2. Date of the inspection. 

3. YIN. 

4. Year, make and type of the vehicle. 

5. Number of cylinders or engine displacement. 

6. Transmission type. 

7. Fuel type. 

8. Present odometer reading itvthousands of miles .• 

12. The results of any 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, 

repair facility or other private party. 

16. Space to indicate the name, address and telephone number 

of the 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 of parts and labor for emissionrelated repair. 

19. Space to indicate the emission-related repairs petformed. 

20. Space to indicate the emission-related repairs recommended, but not performed per owner's request. 

21. Advisory diagnostic information for failing vehicles. 

22. Vehicle license number, if available. 

23. Inspection station or other authorized inspection facility 

number, and inspector number if the inspection is performed by 

an inspector. 

24. Emission inspection start time and the time of final emis~ 

sions result detennination. 

25. GVWR. 

26. Inspection number, such as initial. first reinspection, or 

subsequent reinspection number. 

28. A statement indicating the availability of emission warranty coverage as provided in section 207 of the Clean Air Act. 

29. A statement certifYing that the inspection is perfonned in 

accordance with applicable federal regulations. 

30. The cause for any aborted or rejected 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, as well as information on the possible causes of failure found during the inspection. 

(c) Each operator of a vehicle failing the initial inspection shall 

receive a list of registered automotive 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) to be (f) to (h). ( 10) and (12) 

to be (12) and (14) and am. all, renum. (II) to be (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), (I O) (b) 1., (II) (a) and (g) to 

(i), (I J)(b) to (d). ( 15) (a) 9. to I I. and 27. Register June 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. and 29. Register 

December 2010 No. 660, eft'. 1-1-11. 

Trans 131.04 Waiver of compliance. (1) EuGIBILITY. 

A vehicle which fails the initial inspection, and which after repair 

or adjustment, or both, again fails the inspection, shall be eligible 

for a waiver of compliance va1id until the next required inspection 

of the vehicle provided the following conditions are met: 

(a) ~or all 1996 and newel- model year vehicles which have not 

exceeded the terms of the manufacturer's emission perfonnance 

or detect warranty coverage at the time of the scheduled emission 

inspection, the operator shall either present a written statement 

from a vehicle 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 warran~ 

ty work. 

(b) The emission related repairs and adjustments made to the 

vehicle's emission control system, including cost for parts and 

labor, have been perfonned on the vehicle within 180 days prior 

to renewal of annual registration or within ISO 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 pelformance 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 pur~ 

chase shall be provided to the waiver investigator. 

(c) 1. For all vehicles which have exceeded the tenns of the 

manufacturer's emission perfonnance 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 ins. Trans 131.02 (39) or by 

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 completed according to s. Trans 131.03 (13), unless it is reported electronically, 

upon perfonnance of the repair. The statement shall contain the 

actual cost of emission related repairs performed on the vehicle 

including itemized costs for parts and labor. If the labor for 

vehicle repair is performed without charge or cost, only the cost 

of replacement parts shall be indicated. An itemized receipt indi~ 

eating the parts, labor cost and date of repair shall be provided to 

the waiver investigator. 

2. Proof of recognized automotive emission repair technician 

training shall consist of either ASE certification in level Ll, or 

valid documentation indicating successful completion of a WISETECH course under s. Trans 131.16 or an equivalent program as 

determined by the department. 

(d) The vehicle shall pass a waiver emission equipment inspection as described ins. Trans 131.05. 

(2) CRITERIA. A vehicle which meets the eligibility requirements of sub. (I) may receive a waiver of compliance valid until 

the next required inspection of the vehicle if it meets any one of 

the following conditions: 

(b) Technical difficulties in the manufacturer's design or construction of the vehicle or restrictions imposed by the department 

on the operation of vehicles registered under s. 341.14 (lm), 

Stats., prevent emission inspection of the 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 designated by the department to perfonn 

the functions of a technical assistance center shows that no additional emission related repairs could produce a passing result. 

(d) If the owner is in compliance with the requirements set 

forth ins. 110.20 (13), Stats., the department shall issue a waiver 

of compliance 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. 1 I) (intro.), Register, May, 

2001, No. 545. eff. 6-1---Ql; CR 01-121: am. (I) (b), Register March 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) Register June 2008 No. 630. eff. 7··1---08; CR HHI88: am. (2) (b) and (e) Register De«mber 2010 No.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 by the waiver investigator. 

This waiver emission equipment inspection is designed to detect 

Register. December, 2010, No. 660 
Trans 131.05 WISCONSIN ADMINISTRATIVE CODE ISO 

Unofficial Text (See Printed Volume). Current tbrougb date and Register shown on Title Page. • 

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, of the following: 

(a) A properly sized fuel filler restrictor. 

(b) A properly connected catalytic converter. 

(c) A proper fuel cap. 

(d) A proper evaporative emission control canister system. 

(e) A properly connected positive crankcase ventilation system. 

{f) A proper exhaust gas recirculation system. 

(g) A proper air pump system. 

(h) A properly installed thermostatic air cleaner system. 

(i) A properly connected oxygen sensor. 

(j) An operational and non-active MIL or other emission service indicator light, regardless of whether the 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 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· 

TION ELIGIBILITY. To be eligible tOr license plate renewal or ownership change registration, collector registration, or hobbyist registration, a vehicle shall comply with one of the following: 

(a) Either pass the emission inspection or receive a waiver of 

compliance from emission limitations. 

(b) Receive a temporary exemption according to s. Trans 

131.08. 

(2) EviDENCE. Evidence of inspection compliance shall con- sist of one of the following: 

(a) A vehicle inspection report indicating either ''passed" or on 

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 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 detennined by the department 

(b) The vehicle is not prohibited from inspection under s. Trans 

131.03 (II). 

(c) The operator presents payment to the contractor of a monetary fee as determined by contract. 

(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. 

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«'mber 2010 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 of this 

chapter is unavailable for an inspection due to either the 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 of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under s. Trans 131.10, the owner or lessee 

may request of the department a Jetter of temporary exemption 

from the requirements of this chapter. 

(2) APPLICATION. The department shall provide an application 

fonn, MVD2472, on which the vehicle owner or lessee shall state 

their name, permanent address, temporary address, if used, and 

daytime telephone number. The vehicle owner or lessee shall 

identify the vehicle involved, provide the reason for requesting a 

letter of temporary exemption. certify that 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 of this chapter. 

(3) IssuANCE. Upon approval of the application by the department, a letter of temporary 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 of granting the letter of temporary exemption, the department 

shall require that the vehicle be inspected within 30 days of the 

date the applicant indicates that the vehicle will again be operated 

within a Wisconsin county subject to the emission inspection requirements of this chapter. " • 

(4) DuRATION. A letter of temporary exemption shall not be 

valid longer than the period of registration 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), Register March 2002 No. 5.55, eff. 4-J--{12. 

Trans 131.09 Temporary operating permits. 

(1) GENERAL. The department or its designated representative 

may issue a temporary operating pennit, valid for not more ~an 

30 days, to allow time for inspection and necessary repairs and adjustments of any vehicle subject to inspection under s. 110.20 (6), 

Stats. No temporary operating pennit shall 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 a temporary operating permit. 

(3) ISSUANCE. Upon approval of the 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), Stats. 

(4) TERM. A temporary operating penni! shaU be valid for 30 

days after issuance. The department may approve the application 

for a second or third temporacy operating permit provided that application is made within 90 days of the 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; CR 07·-114: am. (3) Register June 2008 No. 630, efT. 7·-1-08. 

Trans 131.10 Reciprocity. (1) CoMPLIANCE. When avehicle 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 180 day period 

prior to the license expiration date, or within 45 days of an owner- ship 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 
151 DEPARTMENT OF TRANSPORTATION Trans 131.13 

Unofficial Text (See Printed Volume). Current through 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 of satisfactory 

evidence of emission inspection compliance from another nonattainment area shall allow the owner or lessee to proceed with vehicle registration renewal or to satisfy ownership change, collector, or hobbyist vehicle registration inspection requirements. 

(3) ExcEPTION. When a vehicle operates in a nonattainment 

area which does not allow the inspection of vehicles from other 

nonattainment areas, the owner or lessee may apply for 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; 

CR 01-121: am. (1), Register March 2002 No. 555, elf 4-J-o2. 

Trans 131.11 Audits of inspection facilities. 

(1) GENERAL Representatives of the department or its designated 

agent shall conduct audits of inspection equipment, procedures, 

personnel and records as follows: 

(a) All contractor inspection functions, including those occurring at the inspection stations, other authorized inspection facilities, technical assistance centers or other facility 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. 

(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 of the 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 by the department. 

(d) Equipment used to perfonn OBD inspections shall be audited according to written procedures either established or approved by the department. 

(e) If equipment tails to operate within contractually specified 

tolerance during an overt or covert audit, the department's quality 

assurance auditor shall immediately re--audit the failing equip~ 

ment. If the equipment fails again, the department's quaJity assurance auditor shall require the station manager to close the affected 

lane or other authorized inspection facility or emission inspection 

operation until such time as the equipment is properly repaired 

and documentation of corrective actions is available for review by 

the deRartment. 

(3) PENALTIFS. (a) Equipment failure shall result in the imposition of a penalty. Penalties are established in the penalty 

schedule section of the contract and may require that the contractor either incur liquidated damages or suspend or revoke inspector 

licenses, or both. 

(b) Contractor employees, removed from inspection duties 

through either suspension or revocation 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 of immediate suspension due to a department audit, a hearing 

shall occur within 14 calendar days of receipt of a written request 

by the employee. Failure to hold a hearing 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: 13 I .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 Dectmber 2010 No. 660, eff, 1-1-11. 

Trans 131.12 Equipment specifications and quality 

control. (1) GENERAL All equipment utilized for emission inspections shall be calibrated and maintained according to the standards established in the federal rule. 

(2) SPECIFICATIONS. Equipment used to perfonn 080 inspections shall meet the most current version of each of the following 

SAE International standards: !1850. Jl962. JJ978. and Jl979. 

(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. eft 5-- !···%;cr. (2) (d). Register, May, 2001. No. 545, eff. 6-1--Ql; CR 07-1 14: r. and recr. (2), am. (3) Reg1ster 

June 200:: 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 of inspectors. (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 of the following: 

1. Air pollution causes and effects. 

2. Purpose, function and goals of the 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 of 800/o correct responses, a written test and demonstrate the ability, without the assistance of another person, to conduct a proper inspection as a condition of successfully completing a licensing examination 

administered by a party other than the contractor. 

(c) An applicant for a vehicle emissions inspection license who 

fails an examination for inspector shall successfully complete the 

applicable vehicle emissions inspector training program prior to 

reexamination for license. 

(2) L!CENS£NG. 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-transtetable inspector number and the expiration date of the 

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 2 years. Inspectors shall complete both refresher 

training and testing prior to license renewal. 

(4) Aumn~G. Representatives of the department or its designated agent shall conduct both overt and covert, scheduled and un- scheduled audits. 

(5) PENALTIES. (a) Failure of either 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, e!l-1ablished 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 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 of immediate 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 (See Printed Volume). Current through date and Register shown on Title Page. 

employee. Failure of the department to hold a hearing within 14 

days when requested shall cause the suspension to lapse. 

(6) CHALLENGE MECHANISM. (a) A motorist WhO alleges that 

either an incorrect inspection occurred or that fraud or abuse intluenced the results of the 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 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 reinspection at the technical assistance center or other facility 

by an inspector designated by the department to perfonn the functions of a 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 of a teclmical assistance center shall supersede 

the results of the contested station lane or other authori7.ed inspection 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) Register June 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 last emission reinspection 

under s. Trans 13!.03 ( 11 ). and fails the remote sensing t""' by exceeding the remote emission standards under sub. (4), shall have 

an emission inspection under 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 owner or lessee Of 

a nonexempt vehicle that fails the remote sensing test shall have 

an emission inspection within 45 days of notification of a remote 

sensing test fuilure. 

(b) Vehicles that fail the remote sensing test, but are scheduled 

to receive an emission inspection required under s. 110.20 (6), 

Stats., within 90 days of remote sensing test failure, or for which 

temporary exemptions will expire within 30 days of remote sensing test failure, shall receive notification of the remote sensing test 

failure but are exempt from the inspection requirements of s. 

110.20 (9) (g). Stats. 

(c) Vehicles that have a valid emission inspection waiver at the 

time of remote sensing test failure are exempt from the inspection 

requirements of s. 1!0.20 (9) (g), Stats. 

(3) $cOPE AND NATURE OF REMOTE SENSING TFST. The test shall 

consist of using an open-path infrared sensor to measure the concentration of one or more of the following pollutants present in the 

vehicle's exhaust: 

(a) Hydrocarbons. 

(b) Carbon monoxide. 

(c) Carbon dioxide. 

(d) Oxides of nitrogen. 

(4) EMISSION STANDARDS. Vehicles that exceed the standards 

shown in Table 1 shalt fail the remote sensing test: 

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 occur either if the USEPA e~"tablish~.--s remote sensing st3ndards or ifthe department's program 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 owner or lessee of vehicles that fail 

a remote sensing test conducted under this section. The vehicle 

inspection notice shall be mailed to the owner's or lessee's address 

indicated on the department's registration database. The vehicle 

inspection notice shall include all of the following: 

(a) Remote sensing test serial number. 

(b) Date, location and time of the remote sensing test. 

(c) License plate number. 

(d) YIN. 

(e) Emission remote sensing test results and standards tOr the 

vehicle. 

(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 !3!.14 (2). if required ' . (g) Information describing the remote sensing test. 

(h) Explanation ofboth the 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 of the remote sensing test. 

(6) REMOTE SENSING EQUIPMENT SPECIFICATIONS AND MAINTE-

\IANCE. (a) All equipment utilized for remote sensing emission 

mea~.-urement shall be calibrated and maintained according to the 

manufacturer's specifications or as superseded by contract. 

(b) Remote sensing equipment, personnel and procedures 

shall be su~ect to periodic audits by the department under s. Trans 

131.11. 

History: Cr. Register. June, 1993. No. 450, eff. 7-l-93; r. and ret.'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, shall both collect emission repair data and 

infonn the public and automotive repair industry regarding repair 

efficacy. 

(2) DATA COLLECTION. Whenever a nonexempt vehicle receives a reinspection, the contractor shall collect the following 

emission repair information from the vehicle inspection report as 

required by s. Trans 131.03 (II): 

(a) The repairs perfonned. 

(b) Any technician recommended repairs not performed. per 

owner's request. 

(c) The name and address ofthe.fucility that perfonne<l therepatrs. 

(d) The name of the person who performed the repairs. 

(e) The identification number, if available, of the recognized 

repair facility or recognized automotive emission repair technician, or both. 

(3) REPORTING. (a) The contractor shall compile a report 

which includes the emission repair facility name, address, telephone number, number of vehicles submitted for reinspection, 

and percentages indicating the number of vehicles that have 

passed, failed, and received waivers after repair. 

(b} Beginning in the third month of the vehicle emission inspection program, the contractor shall produce a summary report 

of the perfOrmance of local repair facilities that have repaired vehicles for reinspection. The report shall be provided to the motorist at the time of initial 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 the repair facility shall include all infonna-
153 DEPARTMENT OF TRANSPORTATION Trans 131.17 

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. 

tion m~e available to the public and may include reports on individual technicians if so requested by the employing repair facility. 

(d) The department may include additional statistics that convey infonnation on the relative ability of repair facilities in providing effective emission repair. 

History: Emerg. LT., eft: \2-4-45: cr. Register, April. J 996, No. 484, eff. 5-1-96: 

CR 19--088: am. (I) Register December 2010 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 certified under s. 110.20 (5)(a). Stats .• shall establish guidelines 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. Any public or private 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 of malfunctions in computer controlled close--loop vehicles. 

(b) Application of emission control theory and diagnostic data 

to the diagnosis and repair of vehicles failing OBD inspection. 

(c) Utilization of diagnostic infonnation on systematic or repeated ta.i!ures observed in OBD inspection. 

(d) General training on the various subsystems related to engine emission control. 

(3) .EQUIPMENT. Both priyate and public fucilities offering WISETECH designated automotive emission repair training courses 

shall have available, and maintain in good working condition, 

tools and equipment necessary for the proper diagnosis, adjustment and repair of all 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 if in compliance with one of the 

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) A person successfully completing all phases of a WISETECH trnining program shall achieve 

the designation of"recognized automotive emission repair technician" as defined ins. Trans 131.02 (38). 

(b) A person who satisfactorily completes a WISETECH approved automotive emission training course shall receive from the 

organization providing the training, an identification card which 

states the technician's name, the name and location of the course, 

the date of completion 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 of the persons registered in 

their course, the percentage successfully passing the course and 

the names and WlSETECH identification numbers of those 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 I 31.15 to evaluate both the emission repair success ofthe technicians and the effectiveness ofWISETECH designated 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 part of the 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 or may be subject to the 

inspection requirements of this chapter. 

History: Cr. Register. June, 1993, No. 450, eft: 7-J -93; ernerg. renurn. and am .. etf. 12-4-95; roown from Trans I 3 J.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 of Transportation 

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 of Vehicles Services, Room 253, 

P. 0. Box 7909, Madison, WI 53707-7909, telephone (608) 266-2267. 

Analysis Prepared by the Wisconsin Department of Transportation 

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 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 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 or sewerage 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 at their request. 

TEXT OF PROPOSED RULE 

Under the authority vested in the state of Wisconsin, department of transportation, 

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 of this chapter is unavailable for an inspection due to either the 

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 of temporary exemption from the requirements of this 

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 Register as provided ins. 227.22(2), Stats. 

Signed at Madison, Wisconsin, this _fL day of 

October, 2001. 

\. _!ERRY MULCAHY, P.E. 

~::secretary 

Wisconsin Department of Transportation 

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 of the Senate and Assembly for 

referral to the appropriate standing committees. The report consists of the following 

parts: 

Part 1--Analysis prepared by the Department of Transportation. 

Part 2-Rule text in final draft form. 

Part 3--Recommendations of the Legislative Council. 

Part 4--Analysis prepared pursuant to the provisions of s. 227.19(3), Slats. 

1 

Submitted by: 

ty General Counsel 

of General Counsel 

artment of Transportation 

Room 115-B, Hill Farms State 

Transportation Building 

P. 0. Box 7910 

Madison, WI 53707-7910 

(608) 266-7364 
PART1 

Analysis Prepared by the Wisconsin Department of Transportation 

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 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-<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, 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 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 of transportation, 

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. 11 0.20(6)(a)1., Slats., 

relating to vehide 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 of this chapter is unavailable for an inspection due to either the 

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 of the department a letter of temporary exemption from the requirements of this 

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 of the 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 of Transportation 

4 
Ronald Sldausky 

Clearinghorue Director 

RlcbardSwoet 

WISCONSIN LEGISLATIVE COUNCIL 

RULES CLEARINGHOUSE 

Terry C. Anderson 

Legisladve Council Director 

Clearinghouse Assistant Dirtetor 

Laura D. Rose 

Ugislative Council D~puty Director 

PART 3 

CLEARINGHOUSE REPORT 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 01-121 

AN ORDER to amend Trans 131.03 (2) (a), 131.04 (1) (b), 131.08 (I) and 131.10 (1), relating to 

vehicle emission inspections. 

Submitted by DEPARTMENT OF TRANSPORTATION 

10-17--01 

11--08--01 

RS:PC:jal 

RECEIVED BY LEGISLATIVE COUNciL. 

REPORI' SENT TO AGENCY. 

One East Main Street, Suite 401 • P.O. Box. 2536 • Madison, WI 53701-2536 

(608) 266-1304 • Fax: (608) 266-3830 • Email: lef gmneii®Jegjs atntc; wj 11s 

http:llwww.Jegis.state. wi.usllc 

5 
Clearinghouse Rule No. 01-121 

Form 2 -page 2 

LEGISLATIVE CQUNCIL RULES CLEARINGUOJJSE REPORT 

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)] 

Comment Attached YES D NO 121 

2 •. FORM, STYLE AND PLACEMENT IN ADMINISTRATIVE CODE [s. 227.15 (2) (c)) 

Comment Attached NO 12] 

3. CONFLICT wrrn OR DUPUCATION OF EXISTING RULES [s. 227.15 (2) (d)] 

Comment Attached NO (2] 

4. ADEQUACY OF REFERENCES TO RELATED STATUTES, RULES AND FORMS 

[s. 227.15 (2) (e)] 

Comment Attached NO [2) 

5. CLARITY, GRAMMAR, PUNCTUATION AND USE OF PLAIN LANGUAGE [s. 227.15 (:1) (f)] 

Comment Attached YES D NO [2) 

6. ·POTENTIAL CONFLICTS WITH, AND COMPARABlLlTY TO, RELATED FBDBI{AL 

REGULATIONS [s. 227.15 (2) (g)] 

Comment Attached NO lvJ. 

7. COMPLIANCE WITH PERMIT ACTION DEADLINE REQUIREMENTS [s. 227.15 (2) (h)] 

Comment Attached 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 Result of Testimony at Public Hearing. Notice of intent 

to adopt this proposed rule without public hearing was given under the 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 WISCONSIN ADMINISTRATIVE REGISTER NO. 625 Page 23 

consumer price index. For the purposes of this rulemaking, 

2006 is the index year. The consumer price index is compiled 

by the U.S. Department of Labor, Bureau of Labor Statistics 

and for 2006 is 3.2%. 

3. The Department's WIC vendor and vendor redemption 

records. Each vendor is placed in a vendor peer group 

according to the number of cash registers, a valid indicator for 

the size of store. Small stores arc those with 4 or less registers 

and would be considered a small store. 

4. The Wisconsin WIC Program Advisory Committee's 

Retailer Sub-committee that includes the Wisconsin 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 and pharmacy) to a vendor peer group based on 

the number of cash registers, a criteria that has been validated 

as an accurate indicator of the store size. As of July 2007, peer 

group 1 consisted of 433 grocery stores with 1-4 cash 

registers, i.e., a small store. The total redemption of the 433 

grocery stores in Peer Group I for the month of July 2007 was 

$1,567,237, compared to $1,409,331 for the 222 grocery 

stores in Peer Group 2 (5-10 registers), and $3,465,249 tor the 

232 grocery stores in Peer Group 3 (II or more registers). 

All 165 WIC pham1acies are placed in Peer Group 9, 

regardless of the number of registers, with a July 2007 total 

redemption of$224, 150. 

All 9 above-SO-percent vendors are placed in Peer Group 

7. An above-50-percent vendor is an authorized vendor who 

derives more than 50 percent of annual 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-percent Peer Group. Total redemption for July 

2007 was $108,450. 

The proposed rules 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 of operation may have to increase the time 

open to at least five days a week for a minimum of two 

four-hour blocks of time. This requirement may result in an 

increase in sales that would off-set any increase in costs. The 

rules codify vendor contract requirements for stores and 

pharmacies to maintain inventory and accounting records as 

required under the 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 should be less when the rule is in place. There 

would be tighter pricing requirements for above-50-percent 

vendors, and stronger sanctions for fraud and abuse, including 

recoupments as a result of overcharging for WIC foods. 

SmaU business 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 tighter pricing requirements for above-50-percent 

vendors and stronger sanctions for fraud and abuse, including 

recoupment of overcharging for WIC foods. 

There would be an indeterminate state fiscal impact as a 

result of the expansion of sanctions, but it is anticipated that 

WIC would increase its existing administration revenues as a 

result of imposing an enforcement assessment with each 

recoupment. 

There will be no local government impact as a result of this 

rule. All of the 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 if needed. 

Copy of Rule 

A copy of the full text of the 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 of Hearing 

Transportation 

CR07-ll4 

NOTICE IS HEREBY GIVEN that pursuant toss. 110.06, 

110.20 (9), and 227.11, Slats., interpreting s. 110.20, Slats., 

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 1:00PM, to consider the amendment of ch. Trans 131, 

Wisconsin Administrative Code, relating to the vehicle 

emission inspection program. 

Parking for persons with disabilities and an accessible 

entrance are available. 

Copy of Rule 

A copy of the proposed rule may be obtained upon request 

from Steve Hirshfcld, Department of Transportation, Bureau 

of Vehicle 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 of Transportation 

Statutes interpreted 

s. II 0.20, Stats. 

Statutory authority 

ss. 110.06, 110.20 (9), and 227.11, Stats. 

Explanation of agency authority 

The Wisconsin Department of Transportation (WisDOT) is 

required to provide an emissions inspections program 

nonexempt vehicles customarily kept in a number of counties 

in Wisconsin. WisDOT is required to promulgate rules 

specifying procedures for inspection of vehicles, 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. 

Related statutes or rules 

Section 110.20, Stats., 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 of vehicles 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 

I 0,000 lbs had required testing). 

• Add emission inspection of vehicles model year 2007 and 

later that arc powered by diesel fuel. 

• Allow the Department to establish methods for emission 

testing, and delivery of testing services in addition to the 

previously established method of a single contractor 

under contract to 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 of multiple contractors who perform the test at 

their own facilities, or by subcontracted testing at 

subcontractors' facilities, or at self-service facilities where a 

vehicle owner may test the vehicle; and transmission of test 

results and repair information to the Department 

electronically in a format specified by the Department. 

This proposed 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 proposed mle eliminates the evaporative 

emission test ("gas cap test"), which was previously 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 must pass a waiver emission 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 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. The purpose is to deter statement that the vehicle 

is not customarily kept in the emission area in order to avoid 

the emission test requirement. 

Summary of, and comparison with, existing or proposed 

federal regulations 

The vehicle emission inspection and maintenance program 

exists to comply with federal law and regulations under the 

Clean Air Act and amendments. The Wisconsin Department 

of Natural 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. The program 

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 air pollution control system. 

Illinois: Emissions testing is prescribed under the Illinois 

Vehicle Emissions Inspection Law [625 Illinois Compiled 

Statutes 51!3C (2005)]. The Inspection Law requires biennial 

inspection of 1996 and newer model year light-duty vehicles, 

I ight-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 of one of the following 

alternatives: 

1. On-board diagnostics 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. 

Summary of factual data and analytical methodologies 

The program change enacted in 2007 Wis. Act 20 and in 

this proposed rule results from a joint study by the Wisconsin 

DNR and DOT. The agencies studied the age of the Wisconsin 

vehicle fleet, the existence aod efficacy ofOBD II technology 

on vehicles, and the costs and benefil'i 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 of older vehicles and 

eliminate tailpipe testing, and the overall air pollution 

reduction level is maintained. 

Analysis and supporting documentation u~·ed 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 
Mid-January 2008 WISCONSIN ADMINISTRATIVE REGISTER NO. 625 Page 25 

vehicles are made subject to emission testing under the new 

law, the cost per vehicle to comply should be reduced. To the 

extent that small businesses still own older vehicles, those 

vehicles are no longer subject 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 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 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, 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 of model year 2007 and newer, and vehicles model 

year 2007 and newer up to I 4,000 lbs gross vehicle weight 

rating to undergo OBD II emission testing. On the other hand, 

these vehicles are manufactured with OBD 11 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. 

Anticipated costs incurred by private sector 

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 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. 

Agency contact person and place where comments are to be submitted and deadline for submission 

The public record on this proposed rule making will be held 

open until close of business the day of the hearing, 2007, to 

petmit the submission of comments in lieu of public 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 may also contact Steve Hirshfeld by phone 

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 of Transportation adopts 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. 

ORDER ADOPTING RULE 

Analysis Prepared by the Wisconsin Department of Transportation 

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 of the 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 or sewerage 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 of the rule will be provided to 

individuals at their request. 

1 
TEXT OF RULE 

Under the authority vested in the state of Wisconsin, department of transportation, 

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 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 VE1hicle subject to the emission 

inspection requirements of this chapter is unavailable for an inspection due to either the 

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, 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 of temporary exemption from the requirements of this 

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 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 of the month following 

publication in the Wisconsin Administrative Register as provided in s. 227.22(2), Slats. 

Signed at Madison, Wisconsin, thisd.f_t-<aay of 

January, 2002. 

-~cretary 

r-~~ WISconsin Department of Transportation 

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 amendment of 

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 of the 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 or via 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 Department of Transportation 

Statutes interpreted: ss. 110.20 and 285.30, Slats. 

Statutory authority: ss. 110.06, 110.20(9), and 227.11, Slats. 

Explanation of agency authority: The Wisconsin Department of Transportation 

(WlsDOT) 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 procedures for inspection of vehicles, 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 of vehicles 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 diesel fuel. 

• Allow the Department to establish methods for emission testing, and delivery 

of testing services in addition to the previously established method of a 

single contractor under contract to the 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 may test the vehicle; and transn:lission of test results and repair information 

to the Department electronically in a format 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 necessary with 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 a waiver emission 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 clear that the Department 

may determine whether a vehicle domicile as stated is consistent with the vehicle owner or 

lessee address or other information. The purpose is to deter statement 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, under the 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 under the Clean Air Act and amendments. The Wisconsin 

Department of Natural 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. 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 in the 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, or otherwise 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 of one of the 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 of the 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 of older vehicles 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 longer subject 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 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 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 of emission 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 of the 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. 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 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 of an indicated county of domicile, 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 of the 

correct vehicle domicile location. The department decision as to correct vehicle 

domicile location shall be the final decision of the department. 

5 
Note: Forms used in this chapter are 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) are amended to read: 

Trans 131.02(22) "Inspection" means the mandatory vehicle emission inspection 

required by s. 110.20, Slats., consisting of an emissiaR tester OBD ll inspection. 

(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) are amended 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 by the 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 of the 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/r01 015 .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 of this 

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 or Jessee. 

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, a fee 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 of this chapter when 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 of the 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 or at an authorized inspection facility shall be accompanied by at least 

one of the 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 of the repair, been reported electronically. 

(h) A properly completed voluntary inspection request form, obtainable from the 

manager at each of the 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) If the 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 of the 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 of this inspection, be referred to a technical assistance center 

for issuance of a technical waiver of compliance 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 may not 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(1 O}(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, a catalytic monitor must be ready after a catalyst is repaired. 

SECTION 28. Trans 131.03(10)(d)2. is amended to read: 

Trans 131.03(1 O)(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 of the 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 for testing. 

(o) Vehicles subjest te the 08D inspestien Ynller sYiil. (6) (II) shall be rejected 

from testing 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 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 ef sub. (€!) (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 of the 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 by the 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 number or on the vehicle's doorpost. If there 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 inspector ffilffibefs number if the 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 of the 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 of the scheduled emission inspection, the operator shall either present a written 

statement from a vehicle 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 a vehicle 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. 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 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 L 1, or valid documentation indicating successful completion of 

a WISETECH course under s. 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. 11 0.20(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 (1 3). 

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 of the fee under s. 341.3€1 (1), Stats., 

aAEl approval of the 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 of s. 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 

at the 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 to the 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 of the 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 of either 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 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 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 of the 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, a fee 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 of notification of a remote sensing test failure. 

(4) EMISSION STANDARDS. Vehicles that exceed the standards shown in Table 

1 shall fail the remote sensing test: 

TABLE 1 

REMOTE SENSING STANDARD 

MODEL YEAR 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), if required. 

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 of all 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 of Transportation 

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 of the 

Department of Transportation at 4802 

Sheboygan Aven~d~y the City of Madison, 

Wisconsin, this 2::: of May, 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 procedures for inspection of vehicles, 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. 

(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 of testimony at the 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 as follows: 

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) of the 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 that the 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 of the 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 belief that 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 of centralized 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 belief that a decentralized network of certified motor vehicle 

dealers would provide more convenient, less expensive inspection services without 

compromising the integrity of the 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 of the contractor in subcontracting self-service testing. 

Finally, Mr. Walker's comments ask that the 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 

intent that a single contractor will 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 of different 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 of fleet-wide inspections. Several 

states (including Wisconsin through its current RFP} are pursuing wider use of one or both 

alternatives, but transponder-based remote testing methods continue to face technical and 

cost barriers outside of commercial 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 a decentralized program would be the level 

of state auditing required. The presumed benefit of decentralized programs is motorist 

convenience, but surpassing the convenience of a centralized 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 of such a program could be recognized only with 

an increase in Department audit staff size 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 secondary to vendor 

qualifications and technical proposal in terms of proposal scoring.) 

In response to Mr. Walker's explicit requests: 

• The Department will submit its study of future 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 a series of Department-controlled three-month extension options. 

• The Division of Motor Vehicles, as a matter of practice, advances vehicle emissions 

inspection program recommendations to the Department's executive office as part 

of its biennial budget development. 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 of comments in the rule analysis states the public 

record will be held open until close of business the day of the hearing. The reference to 

the year 2007 should have been stricken. 

5.b. Wording is added to clarify that the Department's decision is final only with 

respect to Department decision, and does not eliminate 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 of emission testing through vehicle registration denial. 

32 
July 31,2010 WISCONSIN ADMINISTRATIVE REGISTER NO. 655 Page 35 

• Adds examples where needed for clarification purposes. 

• Updates certain department procedures to follow. such as 

the various methods to register to collect Wisconsin sales 

or use tax and how to inactivate a seller's permit 

Comparison with federal regulation!l· 

There is no existing or proposed federal regulation that is 

intended to address the activities to be regulated by the rule 

order. 

C ompari§on with rules in adjacent states 

Minnesota, Michigan, and Iowa: 

Minnesota, Michigan, and Jowa administer their sales and 

usc tax laws in a manner consistent with Wisconsin. These 

states do this through a combination of statutory provisions 

and administrative rules. 

Illinois: 

Illinois does not administer its sales and use tax laws in a 

manner substantively consistent with Wisconsin. 

Summary of factual data and analytical methodologies 

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 and suppotting documents used to determine effect 

on small business 

As explained above, this proposed rule order is created to 

reflect changes in Wisconsin's sales and use tax laws. As the 

rule itself does not impose any significant financial or other 

compliance burden, the department has determined that it 

docs not have a significant effect on small business. 

Small Business Impact 

This proposed rule order does not have a significant 

economiC""impact on a substantial number of small 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- 2009-1 I Budget Bill 

• 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 of certain 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 soft drinks, 

sold by any child welfare facility licensed or certified 

under Chapter 48. 

• Examples of items not directly used in manufacturing (to 

facilitate the administration of Act 28's modifications to 

the definition of manufacturing). 

• Clarifications to earlier changes pertaining to Act 2 and 

Act 28. 

The fiscal effects of these rule changes were included in the 

fiscal estimates of 2009 Acts 2, 28, 204 and 330. 

Consequently, these rule changes have no fiscal effect. 

Anticipated cost~· incurred by private sector 

This proposed rule order does not have a significant fiscal 

effect on the private se'-'1or. 

Agency Contact Penon 

Dale Kleven, Dept. of Revenue 

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 of Hearing 

Transportation 

CR 16-088 

NOTICE IS HEREBY GIVEN that pursuant 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 

amendment of Chapter Trans 131, Wis. Adm. Code, relating 

to the vehicle emission inspection process. 

Hearing Information 

The hearing will be held: 

Date: August 12,2010 

Time: I 1:00AM 

Location: Hill Fanns State Tmnsportation Bldg. 

Room 254 

4802 Sheboygan Avenue 

Madison, WI 

This hearing is held in an accessible facility. If you have 

special needs or circumstances that may make 

communication or accessibility difficult at the hearing, please 

call Carson Frazier at (608) 266-7857 with specific 

infonnation on your request at least I 0 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 your needs. 

Copies of Proposed Rule 

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 791 I, Madison, WI 

53707-79 I I. You may also contact Ms. Frazier by phone at 

(608) 266-7857 or via e-mail: carson.frazier@dot.statc. 

ID...us to obtain copies ofthc proposed rule, Copies will also 

be available at the hearing. 

Submittal of Written Comments 

The public record on this proposed rule making will be held 

open until close of business the day of the 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. Frazier by phone 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 of Transportation 

Statutes interpreted 

Section II 0.20, Stats. 

Statutory authority 

Sections 110.06, 110.20 (9) and 227.11 (2), Stats. 

Explanation of agency authority 

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-attainment county is one 

that has air pollution that exceeds the federal Clean Air Act 

standards. Section II 0.20 (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 co;ts of 

repairs exceeded the repair cost 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 at s. 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 of Natural Resources detennines the repair cost 

limits in an amount required by the fedcra.l Clean Air Act 

Related statute or rule 

Sections 110.20, 285.30, Stats., and cbs. 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 he tested to ensure 

they meet poUutant 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 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. If tampering is evident, the 

Department may not issue a waiver of compliance from 

emission test standards. 

Trans 131.05(1 lUJ 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 tum 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 of the 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 of tailpipe 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 

il1uminated 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 pol1uting and the 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 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 a vehicle'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 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 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 Center for these functions to be carried out. 

Comparison with federal regulatlons 

Wisconsin's vehicle emtsswn 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 accordsnce with EPA guidance for adjusting the 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 

maintenance program 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 if the MIL cannot be turned off. 

Iowa: 

Iowa does not have a vehicle emission inspection and 

maintenance program at this time. 
July 31,2010 WISCONSIN ADMINISTRATIVE REGISTER NO. 655 Page 37 

Summary of factual data and analytical methodologies 

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). 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 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 of repair cost waivers required in s. II 0.20 ( 13 ), 

Stats., since the rule prevents issuing a cost waiver to all tested 

vehicles, regardless of the amount spent on repairs. 

The proposed 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 proposed rule also makes some changes in language for 

consistency of reference to the vehicle emission inspection 

without making any substantive change. 

Analysis imd s11pporting documentation used to determine 

effect on :small businesses 

The proposed amendment codifies the Department's 

policy and practice to issue a cost waiver even if the 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 current policy 

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. 

The proposed rule clarifies that the function perfonned by 

the Technical Assistance Center need not be performed in a 

particular physical location. This clarification has no effect 

on small business or any 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 or bands. 

The Department estimates that there will be no fiscal 

impact on state or private sector revenues or liabilities. 

Agency Contact Person 

Carson Frazier. Dept. of Transportation 

Bureau of Vehicle Services, Room 253 

P. 0. Box 7911, Madison, WI 53707-7911 

Phone: (608) 266-7857 

Email: carson.frazier@dot.state.wi.us 

Notice of Hearing 

Workforce Development 

Public Works Con..~truction Contract8, 

Chs. DWD 290-294 

CR 10-092 

NOTICE IS HEREBY GIVEN that pursuant to sections 

103.005 (I) and 227.11 (2), Stats., the Department of 

Workforce Development proposes to hold a public hearing to 

consider the amendment of rules relating to the state 

prevailing wage program and affecting small businesses. 

Hearing Information 

Date: August II, 2010 

Time: 10:00 AM 

Location: MADISON 

G.E.F. I Building, Room F 305 

20 I East Washington 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 comer of Webster Street and East Washington 

Avenue. If you have special needs or circumstances regarding 

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 of Written Comments 

Interested persons are invited to appear at 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 submitted to Howard Bernstein, Office 

of Legal 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 of Proposed 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 

comment period. You may receive a paper copy of the rule by 

contacting Howard Bernstein at the addresses given above or 

by telephone at (608) 266-9427. 

Analysis Prepared by the Department of Workforce 

Development 

Statutory authority 

Sections I 03.005(1) and 227.11 (2), Stats. 

Statutes interpreted 

Sections 66.0903,66.0904 and 103.49, Wis. Stats. 

Explanation of agency authority 

The state prevailing wage Jaws require that when a state 

agency or local governmental unit contracts for the erection, 

construction, remodeling, repairing, or demolition of a public 

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 OF WISCONSIN 

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 by the Wisconsin Department of Transportation 

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 whether the cost of necessary repairs and adjustments exceeds 

the limit under sub. (13). The Department of Natural Resources determines the repair 90st 

limits in an amount required by the federal Clean Air Act. 

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 of Transportation 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 of compliance 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 of the 

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 of tailpipe 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 a vehicle'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 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 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 EPA guidance for adjusting the repair cost limit. 

2 
Comparison with Rules in the Following States: 

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 

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 cost waiver even if the MIL cannot be turned off. 

Iowa: Iowa does not have a vehicle emission inspection and maintenance program 

at this time. 

Summary of factual data and analytical methodologies used and how the 

related findings support the 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 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(1)0) is contrary to the availability of repair cost waivers required in s. 

11 0.20(13), Slats., since the rule prevents issuing a cost waiver to all tested vehicles, 

regardless of the 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 cost waiver would 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 or any other vehicle 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, or federally-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. by writing to 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, 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 a vehicle 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 of the 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 or facilitv 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 

of the 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 prior to 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 a vehicle 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, if so, 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 or boiling 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 of fuel shall be 

testeEI inspected on the fuel in use at the time of inspection. 

(d)2. If the 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. If the malfunction indicator status 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. If the 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 newer vehicles, as provided in 40 CFR 85.2222 (c) (2). 

(15) (a)1. Test lnsoection serial number. 

8 
2. Date of the test inspection. 

12. The results of the 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 of the 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 af tf:te ! technical assistance eeAteF& center by the master automotive technician or 

at another facility by an inspector designated bv the department to 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 a vehicle 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, of the following: 

(1)0) An operational MIL or other emission service indicator light. regardless of 

whether the 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 for their 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 a time 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 of the 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 of the 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 of Transportation 

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 of TransP9rtation at 4802 Sheboygan Avenue, in 

the City of Madison, Wisconsin, this 1.> '!'day of October, 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. 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 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. If tampering is evident, the Department 

may not issue a waiver of compliance from emission test standards. 

This proposed rule making amends s. Trans 131.05(1)0) to allow a 'cost waiver" even if 

a vehicle'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 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 

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 a Technical Assistance Center for these functions to be 

carried out. 

(b) Modifications as a Resylt of Testimony at Public Hearing. The pubuc hearing was 

held in Madison on August 12, 2010. No modifications were made as a result of testimony at the 

hearing. 

(c) List of Persons wbo 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. 

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