285.30(6)(a)1.
1. "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.
285.30(6)(a)3.
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.
285.30(6)(b)
(b)
Prohibition. Except as permitted 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.
285.30(6)(c)
(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.
285.30(6)(d)
(d)
Suspension or cancellation of motor vehicle registration. Except as permitted or authorized by rule of the department, if the owner of a motor vehicle tampers with or causes or knowingly permits any person to tamper 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 law.
285.30(6)(e)
(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.
285.31
285.31
Gasoline vapor recovery. 285.31(1)(a)
(a) "Gasoline dispensing facility" means a place where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
285.31(1)(b)
(b) "Retail station" means a gasoline dispensing facility where gasoline is sold at retail.
285.31(1)(c)
(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 atmosphere.
285.31(3)(a)(a) The department shall promulgate rules, based on requirements under
42 USC 7511a, 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.
285.31(3)(b)
(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 determine the vapor recovery efficiency of vapor control systems.
285.31(4)
(4) Implementation of requirements. 285.31(4)(a)(a) The rules promulgated under
sub. (3) shall have an effective date of November 15, 1992. The rules shall apply 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.
285.31(4)(b)
(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.
285.31(5)(a)(a) The department shall develop, implement and administer a program to provide all of the following:
285.31(5)(a)1.
1. Financial assistance to the owner or operator of a gasoline dispensing facility for costs directly incurred after August 15, 1990, for the design, acquisition and installation of a vapor control system necessary for the owner or operator to comply with rules requiring the installation of a vapor control system on those portions of a gasoline dispensing facility located in an ozone nonattainment area with a classification under
42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed on or before August 15, 1991, or on those portions of a gasoline dispensing facility located in an ozone nonattainment area with a classification under
42 USC 7511 (a) of moderate or worse that relate to a stationary storage tank installed after August 15, 1991, that does not increase the stationary storage tank capacity of the gasoline dispensing facility in existence on August 15, 1991.
285.31(5)(a)2.
2. Financial assistance to the owner or operator of a retail station on which construction began after August 15, 1991, and before May 15, 1993, for costs, except excavation costs, directly incurred for the design, acquisition and installation of a vapor control system necessary for the owner or operator to comply with the rules under
sub. (3).
285.31(5)(b)
(b) An applicant who seeks assistance under this subsection shall submit an application in a form and manner specified by the department and shall comply with any inspection requirements established by the department.
285.31(5)(c)
(c) Subject to
pars. (ce) to
(d), the department shall award a grant to each applicant who submits a complete application under
par. (b) for costs allowable under
par. (a). The amount of the grant may not exceed 95% of the first $25,000 in costs and 90% of the next $15,000 in costs incurred by the applicant. If the department promulgates a rule under
par. (e), it shall determine the costs based upon the rule promulgated under
par. (e).
285.31(5)(ce)1.1. The owner or operator of a gasoline dispensing facility is eligible for a grant under this subsection for costs incurred after August 15, 1990, and on or before August 15, 1991, only if the owner or operator has not received reimbursement for the costs from any other source and if no substantial evidence exists that the applicant applied for or obtained a grant under this subsection on the basis of fraudulent information. Excavation costs incurred on or before August 15, 1991, are not eligible for reimbursement under this subsection.
285.31(5)(ce)2.
2. The owner or operator of a gasoline dispensing facility is eligible for a grant under
par. (a) 2. only if the owner or operator has not received reimbursement for the costs from any other source and if no substantial evidence exists that the applicant applied for or obtained a grant under
par. (a) 2. on the basis of fraudulent information. Excavation costs are not eligible for reimbursement under
par. (a) 2.
285.31(5)(cm)1.1. The owner or operator of a gasoline dispensing facility is not eligible for a grant under
par. (a) 1. unless, before October 1, 1995, the owner or operator submits a report indicating the amount of gasoline dispensed by the gasoline dispensing facility, as required by the department by rule, and, if required by the department by rule, a compliance plan.
285.31(5)(cm)2.
2. The owner or operator of a gasoline dispensing facility is not eligible for a grant under
par. (a) 2. unless, on or before the 30th day after March 12, 1996, the owner or operator submits a report indicating the amount of gasoline dispensed by the gasoline dispensing facility, as required by the department, and, if required by the department, a compliance plan.
285.31(5)(cs)
(cs) If there is not sufficient funding to provide grants under this subsection to all eligible applicants, the department shall give priority to grants for gasoline dispensing facilities that are located within an ozone nonattainment area that is classified as severe under
42 USC 7511 (a) and are within 10 miles of an area that is an ozone attainment area or is an ozone nonattainment area that is classified as less than severe under
42 USC 7511 (a).
285.31(5)(d)
(d) The department may not award a grant under
par. (a) 1. after December 31, 1995. The department may not award a grant under
par. (a) 2. after June 30, 1996.
285.31(5)(e)
(e) The department may determine by rule the usual and customary costs of each item for which a grant may be awarded under this subsection. The rule shall establish cost tables and shall reflect the range of costs resulting from differences in costs of construction, labor, equipment, supplies and other relevant factors throughout the state.
285.31 History
History: 1991 a. 39;
1993 a. 16;
1995 a. 27,
144;
1995 a. 227 s.
504; Stats. 1995 s. 285.31.
285.33
285.33
Employe trip reduction program. 285.33(1)(a)(a) The department shall issue documents that describe the areas of the state in which employe trip reduction programs are required by
42 USC 7511a (d) (1) (B).
285.33(1)(b)
(b) The department may, by rule, determine areas of the state, other than areas described under
par. (a), in which the department will require employe trip reduction programs. The department may not require an employe trip reduction program in an area unless that requirement is authorized under
s. 285.11 (6).
285.33(2)(a)(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 employes. The department shall develop the rules in accordance with
42 USC 7511a (d) (1) (B) and the guidance issued by the administrator of the federal environmental protection agency under
42 USC 7408 (f).
285.33(2)(b)
(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:
285.33(2)(b)1.
1. The maximum annual expenses for each worksite subject to the rules.
285.33(2)(b)2.
2. The maximum annual expenses for each employe subject to the rules at a worksite.
285.33(3)(a)(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. (1) (a) or
(b) and is subject to the rules promulgated under
sub. (2), the employer shall submit to the department, no later than November 15, 1994, a plan that demonstrates that the employer will comply with the rules no later than November 15, 1996.
285.33(3)(b)
(b) The department may not require as a condition of approving a compliance plan that an employer incur annual expenses greater than the limits established under
sub. (2) (b).
285.33(3)(c)
(c) Notwithstanding any other provision of this section, an employer is considered to meet the requirements of this section if the employer's compliance plan is approved by the department and the employer makes reasonable efforts to implement the compliance plan.
285.33(4)(a)(a) Instead of submitting a compliance plan under
sub. (3) (a), an employer may submit to the department a plan for an alternate control program that provides for any of the following:
285.33(4)(a)1.
1. Air quality benefits similar to a compliance plan under
sub. (3) (a), as determined by the department.
285.33(4)(a)2.
2. A reduction of emissions of volatile organic compounds, achieved after August 31, 1995, in the areas described under
sub. (1) (a) or
(b) that is at least 1.3 times the reduction of the emissions of volatile organic compounds that would be achieved under a compliance plan under
sub. (3) (a).
285.33(4)(a)3.
3. A reduction of emissions of volatile organic compounds, achieved after August 31, 1995, in the areas described under
sub. (1) (a) or
(b) that is equal to or greater than the reduction of the emissions of volatile organic compounds that would be achieved under a compliance plan under
sub. (3) (a), if the emissions reduction is included in an operation permit under
s. 285.60 or another document that is enforceable by the federal government.
285.33(4)(b)
(b) Notwithstanding any other provision of this section, an employer with an alternate control plan under
par. (a) 1. or
2. that is approved by the department is considered to meet the requirements of this section if the employer makes reasonable efforts to implement the alternate control plan.
285.33(5)(a)(a) If the secretary determines that the requirement for an employe trip reduction program under
42 USC 7511a (d) (1) (B) is suspended or terminated, the secretary may suspend the program under this section.
285.33(5)(b)
(b) If the U.S. congress has passed and the president has signed legislation that eliminates or suspends the requirement for an employe trip reduction program under
42 USC 7511a (d) (1) (B), the governor may suspend the program under this section.
285.33 History
History: 1991 a. 302;
1995 a. 52;
1995 a. 227 s.
464; Stats. 1995 s. 285.33.
285.35
285.35
Clean fuel fleet program. 285.35(2)(a)(a) The department shall issue documents that describe the areas of the state in which clean-fuel vehicle programs are required under
42 USC 7511a (c) (4) (A).
285.35(2)(b)
(b) The department may, by rule, determine areas of the state, other than areas described under
par. (a), in which the department will require clean-fuel vehicle programs. The department may not require a clean-fuel vehicle program in an area unless that requirement is authorized under
s. 285.11 (6).
285.35(3)
(3) Requirements. The department shall promulgate by rule requirements for the use of clean-fuel vehicles and clean alternative fuels by operators of covered fleets in areas identified under
sub. (2) (a) or
(b). The rules shall be in accordance with the requirements applicable to covered fleets under
42 USC 7586 and regulations promulgated under that provision.
285.35 History
History: 1991 a. 302;
1995 a. 227 s.
465; Stats. 1995 s. 285.35.
285.37
285.37
Reformulated gasoline. 285.37(1)
(1)
Definitions. 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) (1) to (3).
285.37(2)(a)(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).
285.37(2)(b)
(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 under
42 USC 7545 (k) (6) that is approved by the administrator of the federal environmental protection agency.
285.37(2)(c)
(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).
285.37(3)(a)(a) Except as provided in
par. (b), beginning 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. 168.04.
285.37(3)(b)
(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 unavailable.
285.37 History
History: 1991 a. 302;
1995 a. 227 s.
466,
467; Stats. 1995 s. 285.37.
285.39
285.39
Volatile organic compounds growth accommodation and replenishment. 285.39(1)
(1)
Growth accommodation calculation. 285.39(1)(a)(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:
285.39(1)(b)
(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).
285.39(1)(c)
(c) Net actual emissions are the total actual annual emissions of all volatile organic compounds in the volatile organic compound accommodation area for the year 2 years before the specified year as reported under
sub. (2) (a) minus:
