DATCP Docket No. 14-R-07 Hearing Draft Rule
Rules Clearinghouse No. January, 2015
PROPOSED ORDER
OF THE WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection proposes the following rule to repeal ATCP 136.01 (3) and (4), ATCP 136.02, ATCP 136.04, ATCP 136.10 (2) (c) and (d), and ATCP 136.10 (3) (a) 2. and (b) 4.; to amend ATCP 136.01 (1) (Note), ATCP 136.01 (21), ATCP 136.10 (2) (a) (intro), and 3., and (b), (3) (a) 1. and (4) (a) 1., ATCP 136.12 (1) (b) (Note) and (2) (Note), ATCP 136.12 (3) (a) to (d), ATCP 136.14 (1) (a) and (b), ATCP 136.16 (4) (a) 3. and (5) (intro.), and ATCP 136.20 (5); to repeal and recreate ATCP 136.08 and ATCP 136.10 (3) (b) 1.; relating to mobile air conditioners, reclaiming or recycling refrigerant, and effecting small business.
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Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This rule makes changes to an existing rule, ATCP 136, Mobile Air Conditioners; Recycling and Reclaiming of Refrigerants, administered by the department of Agriculture, Trade and Consumer Protection (“DATCP”). The existing rule contains environmental protections related to allowable refrigerants and their handling, and disposal and registration and training requirements for business operators and technicians. This rule will eliminate the business registration requirement and associated fee for operators of mobile air conditioning businesses, harmonize training requirements with EPA to eliminate duplication, and remove outdated references to statutes that no longer exist. These changes will harmonize the rule with statutory changes made in 2013 Act 312. This rule makes other modifications needed to ensure uniformity between the statute and rule. Statutes Interpreted
Statutes Interpreted: s. 100.45, Wis. Stats. Statutory Authority
Explanation of Statutory Authority
DATCP has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has specific authority under s. 100.45 (5) (a), Stats., to promulgate rules for the administration of this section, including establishing standards for recycled refrigerant based on recognized national industry standards. DATCP has specific authority under s. 100.45 (5e), Stats., to promulgate rules providing that any portion of s. 100.45 (3) or (4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant. Related Statutes and Rules
This proposed rule modifies an existing rule chapter, Chapter ATCP 136, which regulates the repair or service of motor vehicle air conditioners and trailer refrigeration equipment. This rule relates to s. 100.45, Stats., Mobile Air Conditioners. Plain Language Analysis
Background
The existing ch. ATCP 136 establishes requirements for buying, selling, reclaiming and recycling ozone depleting refrigerants. The requirements are consistent with those under federal law. The rule also requires businesses that install, repair or service mobile air conditioners to pay an annual registration fee and obtain an annual registration certificate from the department. The rule requires businesses to register their mobile air service technicians and technicians to successfully complete a department approved training course or satisfy other training requirements. 2013 Act 312 eliminated the department’s authority to register businesses that install, repair or service mobile air conditioners. Act 312 also repealed the department’s authority to establish training requirements for technicians performing those services in Wisconsin. Rule Content
This rule does all of the following:
Updates the rule to harmonize with statutory changes made in 2013 Act 312.
Updates standards for recovery and recycling equipment, and recycled refrigerant to the most recent standards established by the Society of Automotive Engineers (SAE).
Eliminates the mobile air conditioner repair business registration and associated fees.
Modifies mobile air conditioner repair technician training requirements to refer to federal training requirements established by the Environmental Protection Agency (EPA).
Removes references to obsolete Department of Safety and Professional Services (DSPS) licensing requirements.Summary of, and comparison with, existing or proposed federal statutes and regulations.
At the federal level, the EPA requires technicians to be trained and certified by an EPA-approved organization. The training must cover specific content areas, and technicians must pass a test demonstrating competency to be certified. Under the proposed rule, a technician who completes the EPA-approved course would be qualified to install, repair or service mobile air conditioners in Wisconsin.
This rule is consistent with federal laws related to buying, selling, reclaiming, and recycling ozone-depleting refrigerants.
Comparison with rules in adjacent states
