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 Act 312 also repealed the department’s authority to establish training requirements for technicians performing those services in Wisconsin.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
The EPA administers the mobile air conditioner regulations used in adjacent states. Wisconsin has adopted EPA’s regulations into state law to improve the ability to enforce the regulations. The proposed rule brings Wisconsin’s training requirements into conformity with the EPA training regulations used in neighboring states.
Summary of Factual Data and Analytical Methodologies
This rule does not depend on a complex analysis of data. The 2013 Legislative change to the statute prompted the change to this rule. This rule harmonizes Wisconsin’s training requirements with federal law and improves consistency with surrounding states.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
The DATCP Weights and Measures Bureau administers Wisconsin’s mobile air conditioning registration program. In 2013, 3500 operators of mobile air conditioning repair businesses registered with DATCP. At a cost of $120 per registration, the cumulative cost for these businesses to register with the state was $420,000. In addition, the DATCP collected another $7000 in statutorily required surcharge fees on late registrations. These businesses also registered and submitted Wisconsin required training credentials for 11,000 mobile air conditioning repair technicians.
Effect on Small Business
This proposed rule eliminates registration fees and modifies training requirements. Businesses will benefit from the reduction in fee and training expenses. The rule would save approximately 3,500 businesses a $120 annual registration fee for a total savings of about $420,000 each year. In addition, the 11,000 technicians who register annually with the department would be able to use their EPA-approved training course to meet Wisconsin’s training requirements. This cost savings is indeterminate, but would save technicians and businesses both training registration fees and time away from their jobs. This rule will not have a negative effect on small business.
Environmental Impact
The proposed rule changes do not have an environmental impact.
DATCP Contact
Carolann Nelson
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4928
Where Comments May Be Submitted
Carolann Nelson
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4928
Section 1. ATCP 136.01 (1) (Note) is amended to read:
ATCP 136.01 (1) Note: You may obtain a list of approved reclamation facilities by writing to OZONE, Consumer Protection Weights and Measures Bureau, P.O. Box 8911, Madison, WI 53708-8911.
Section 2. ATCP 136.01 (3) and (4) are repealed.
Section 3. ATCP 136.01 (21) is amended to read:
ATCP 136.01 (21) “Technician” means an individual who personally performs any of the activities identified under s. ATCP 136.02 (1) is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h. Section 4. ATCP 136.02 is repealed.
Section 5. ATCP 136.04 is repealed.
Section 6. ATCP 136.08 is repealed and recreated to read:
ATCP 1363.08 No person may perform motor vehicle repair that releases or may release refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains refrigerant unless that person is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h. Section 7. ATCP 136.10 (2) (a) (intro.) and 3. are amended to read:
ATCP 136.10 (a) (intro.) A person who sells or resells that refrigerant in its original container, to persons identified under pars. par. (b) to (d). A sale or consignment does not violate this paragraph if the seller or con-signor relies in good faith on a written statement from the buyer or consignee that does all the following:
3. Guarantees that the buyer or consignee will sell or resell the refrigerant only to persons identified in pars. par. (b) to (d).
Section 8. ATCP 136.10 (2) (b) is amended to read:
ATCP 136.10 (2) (b) A person holding a valid business registration certificate under s. ATCP 136.02 who is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h. Section 9. ATCP 136.10 (2) (c) and (d) are repealed.
Section 10. ATCP 136.10 (3) (a) 1. is amended to read:
ATCP 136.10 (3) (a) 1. A person holding a valid business registration certificate under s. ATCP 136.02 who is properly trained and certified in appropriate programs, as specified by the federal environmental protection agency under 42 USC 7671h, who sells or consigns the recovered refrigerant to the operator of an approved reclamation facility for reclamation at that facility, or who uses approved recycling equipment under s. ATCP 136.12 (3) to recycle the refrigerant for reuse in mobile air conditioners.
