Chapter NR 485

(c) Motor vehicles having composite oxides of nitrogen emission limitations in Table 1 of at least 2.5 grams/mile but less than 3.0 grams/mile.

(d) Motor vehicles having composite oxides of nitrogen emission limitations in Table 1 of 3.0 grams/mile or greater.

NR 485.04 History 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, eff. 3-1-90; r. and recr. Register, December, 1995, No. 480, eff. 1-1-96; am. (9) (b), Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. Table 1 (3), renum. Table 3, (1) (a) to (c), (2) (a) to (c) and (3) (a) to (c) to be (1) (b) to (d), (2) (b) to (d) and (3) (b) to (d), Register, November, 1998, No. 515, eff. 12-1-98; am. (2) (c), (8) (a), (b), (10) (intro.), r. and recr. Table 3 (1) (a), (2) (a) and (3) (a), r. Table 1 (5), Register, November, 1999, No. 527, eff. 12-1-99; renum. (9) (a) to be (9), r. (9) (b), Register, January, 2001, No. 541, eff. 2-1-01; CR 05-072: am. Table 1 (4) (title) and cr. Table 1 (5) Register March 2006 No. 603, eff. 4-1-06; CR 10-049: am. (2) (intro.), (7) (title), (9), r. (3), (4), (6), (7) (a) (title), (b), (8), Table 2, 4, Register November 2010 No. 659, eff. 12-1-10.

NR 485.045 NR 485.045 Repair cost limit for vehicle inspection program.

NR 485.045(1) (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 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 7661a (b) (3) (B) (v)), has been adjusted.

NR 485.045(2) (2) Certification of repair cost limit. Beginning in 1994, by April 1 of each year the department shall certify to DOT the amount of the repair cost limit calculated under sub. (1) for determining eligibility for a waiver of compliance under s. 110.20 (13), Stats., for the subsequent 12 month period of July 1 through June 30.

NR 485.045 History History: Emerg. cr. eff. 11-15-92; cr. Register, June, 1993, No. 450, eff. 7-1-93; r. (1) (a), Register, December, 1995, No. 480, eff. 1-1-96; CR 10-049: renum. (1) (intro.) to be (1) and am., r. (1) (b), (c) Register November 2010 No. 659, eff. 12-1-10; correction in (2) made under s. 13.92. (4) (b) 7., Stats., Register November 2010 No. 659.

NR 485.05 NR 485.05 Visible emission limits for motor vehicles, internal combustion engines and mobile sources. No person may cause, allow or permit visible emissions in amounts greater than the following limitations, except when uncombined water is the cause for violation:

NR 485.05(1) (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.

NR 485.05(2) (2) Diesel-powered motor vehicles of model year 1970 or later: emissions of shade or density greater than number 1 on the Ringelmann chart or 20% opacity for longer than 10 consecutive seconds.

NR 485.05(3) (3) Diesel-powered motor vehicles of model year 1969 or earlier: emissions of shade or density greater than number 2 on the Ringelmann chart or 40% opacity for longer than 10 consecutive seconds.

NR 485.05(4) (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 30-minute period. At no time may emissions exceed a shade or density greater than number 4 on the Ringelmann chart or 80% opacity.

NR 485.05 History History: Renum. from NR 154.17 (4), Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.) Register, July, 1989, No. 403, eff. 8-1-89; am. (intro.) and (4), Register, May, 1992, No. 437, eff. 6-1-92.

NR 485.055 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.

NR 485.055 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

NR 485.06 NR 485.06 Tampering with air pollution control equipment.

NR 485.06(1) (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 sub. (2). Air pollution control equipment includes but is not limited to:

NR 485.06(1)(a) (a) Positive crankcase ventilation equipment.

NR 485.06(1)(b) (b) Exhaust emission control equipment.

NR 485.06(1)(c) (c) Evaporative fuel loss control equipment.

NR 485.06(1)(d) (d) Any control equipment operating on principles such as thermal decomposition, catalytic oxidation or reduction, absorption, or adsorption.

NR 485.06(2) (2) 

NR 485.06(2)(a) (a) Notwithstanding sub. (1), any person may replace the catalytic converter with aftermarket equipment certified by the U.S. environmental protection agency (EPA) on the following categories of vehicles:

NR 485.06(2)(a)1. 1. All vehicles of model year 1994 or earlier.

NR 485.06(2)(a)2. 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.

NR 485.06(2)(b) (b) If 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.

NR 485.06 History History: Renum. from NR 154.17 (2), Register, September, 1986, No. 369, eff. 10-1-86; renum. (intro.) to (4) to (1) (a) to (d) and cr. (2), Register, July, 1989, No. 403, eff. 8-1-89; CR 05-072: am. (2) Register March 2006 No. 603, eff. 4-1-06.

NR 485.07 NR 485.07 Inspection requirement for motor vehicle tampering.

NR 485.07(1) (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.

NR 485.07(2) (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.

NR 485.07(3) (3) Full tampering inspection procedure.

NR 485.07(3)(a) (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 thermostatic air cleaner/filter assembly. A vehicle shall fail the tampering inspection if this check indicates any evidence of tampering.

NR 485.07(3)(b) (b) Full tampering inspections shall also include a visual check of the status and operation of any emission service indicator light which has been installed on the motor vehicle by the manufacturer 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.

NR 485.07(3)(c) (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 of lead in the tailpipe, the presence of leaded 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:

NR 485.07(3)(c)1. 1. A full tampering inspection of the vehicle indicates no additional tampering.

NR 485.07(3)(c)2. 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 with the replacement of the catalytic converter and oxygen sensor, or DOT or its designee determines 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.

NR 485.07(4) (4) Substitute procedure. Upon written department approval granted to DOT, a partial tampering inspection procedure 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 reduction and adequate identification and repair of tampered and misfueled vehicles and improperly maintained emission control equipment.

NR 485.07(5) (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).

NR 485.07 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (4) (a) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; am. (1), (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. (3) (c) (intro.), Register, January, 1997, No. 493, eff. 2-1-97.