Statements of Scope

Entities Affected by the Rule

Affected parties include riparian owners along the shores of “outlying waters" (as defined in s. 29.001 (63), Stats.), aquatic invasive species managers, NRCS and other agencies or contractors who remove invasive and unwanted aquatic plants and dead animals from shoreline areas.

Comparison with Federal Regulations

There are no federal regulations on this particular issue. However, the Army Corp of Engineers (ACOE) regulates dredging in the Great Lakes under the federal general permit (GP-001 WI). The ACOE grants the federal general permit for activities that have received a state permit under section 30.20, Stats.

Estimate of Time Needed to Develop the Rule

Department staff will need approximately 250 hours to complete the permanent rule process.

Agency Contact Person

Martin (Martye) Griffin

Wisconsin Dept. of Natural Resources

101 S. Webster Street, WT/4

Madison, WI 53707

[e-mail]

[phone] or fax [phone]

Transportation

Subject

The rules affect ch. Trans 131, relating to the vehicle emission inspection program.

Objective of the Rule

The 2007-09 Biennial Budget (2007 Wis. Act 20) makes major programmatic changes to ch. Trans 131, relating to the vehicle emission inspection program, reflecting more cost-efficient emission testing methods available because of advanced technology available on recently-manufactured motor vehicles. Under the new law, all testing will be via second-generation On-Board Diagnostic (OBD II) system scanning. This eliminates the transient and idle tailpipe testing necessary for older vehicles. This proposed rule change conforms the rule to the statute and details how the new program will work, including electronic transmission of testing data to DMV, elimination of repair cost waiver, changes in model years tested, and changes in vehicle types and weights subject to testing. The changes would also eliminate testing of 1968 to 1995 model year vehicles, and add on-board diagnostics equipped diesel vehicles and heavier vehicles to those needing to be tested.

In addition, this proposed rule change eliminates the evaporative emission (“gas cap") test, which is no longer needed with testing under the OBD II protocol.

Finally, this proposed rule change establishes specific criteria to determine whether a vehicle is “customarily kept in" the non-attainment area and therefore subject to emission testing. This will assist the Department in enforcing the law.

Policy Analysis

Technological changes in vehicle manufacture, and changes in the mix of vehicles in the fleet, necessitate this program change. The Department of Transportation and the Department of Natural Resources have studied a wide variety of options for improving cost-effectiveness and cost-efficiency of the vehicle emission inspection program, while meeting the requirements of the federal US Clean Air Act. DOT and DNR have found that most vehicles in the fleet are now equipped with OBD II technology, that few older vehicles remain which must be tested with transient and idle tailpipe testing methods, that newly-manufactured diesel vehicles are equipped with OBD II technology, and that alternative methods are available for capturing data from On-Board Diagnostic Computers and transmitting it to DOT. The proposed rule making reflects DNR and DOT analysis of these options.

Statutory Authority

Sections 110.20 (8) (bm) and 110.20 (9) (k), as created by 2007 Wis. Act 20.

Entities Affected by the Rule

DOT, DNR, and USEPA are involved in establishing a program that conforms to federal requirements. DOT's current contractor and other potential vendors are available to perform OBD II testing. Some motor vehicle owners in the non-attainment area will be affected by these changes: older vehicles of 1968 to 1995 model year vehicles would no longer be tested, and on-board diagnostics equipped diesel vehicles and heavier vehicles will be added to those needing to be tested. Contractors involved with highway construction projects can also be affected, as adequate pollution control measures must be maintained in the non-attainment area, in order for construction projects to proceed.

Comparison with Federal Regulations

The vehicle emission inspection program is administered by DOT, in consultation with DNR, to conform with federal Environmental Protection Agency (USEPA) regulations and guidelines, and the US Clean Air Act. All components of the proposed rule-making conform with federal regulations.

Estimate of Time Needed to Develop the Rule

Estimated 400 hours total state employees time to develop the rule.