Chapter NR 486

NR 486.06(2)(h)15. 15. Assessment by survey or other means of the types of alternative means of commuting incentive and disincentive strategies employees feel would most likely result in attaining and maintaining the target average passenger occupancy rate.

NR 486.06(2)(h)16. 16. Promotion of programs and policies which encourage employees to reside close to their worksite.

NR 486.06(3) (3) Average passenger occupancy survey requirements. Affected employers shall determine the average passenger occupancy by conducting a survey of affected employees using forms and methods provided or approved by the department. The survey shall be taken over a consecutive 5 day period which begins on Monday and which does not include a holiday, follow a week which includes a Friday holiday, or precede a week which includes a Monday holiday. Surveys which are used to demonstrate compliance with the target average passenger occupancy rate shall be taken during the ozone season. The employer shall tabulate and report the results of the survey to the department for each worksite and include the following information:

NR 486.06(3)(a) (a) The number of affected employees reporting to the worksite during the peak travel period on each day of the Monday through Friday workweek and the number of affected employees absent, having a scheduled day off due to a compressed work schedule, working at home or reporting to an alternative worksite.

NR 486.06(3)(b) (b) The number of affected employees using each mode of travel in commuting to work during the peak travel period, including the use of single occupancy vehicles, public transit, buspooling, carpooling or vanpooling, clean fueled vehicles and other alternative means of commuting. The following guidelines shall apply to the computation of the average passenger occupancy for each survey day:

NR 486.06(3)(b)1. 1. An employee who reports to the worksite alone in a vehicle not considered a clean fuel vehicle shall be counted as one person reporting to the worksite in one vehicle.

NR 486.06(3)(b)2. 2. An employee who reports in a carpool or vanpool shall be counted as reporting to the worksite in a fraction of a vehicle proportionate to the number of people sharing a ride to their worksite.

NR 486.06(3)(b)3. 3. An employee who reports by public transit or buspool shall be counted as one person reporting to the worksite in zero vehicles.

NR 486.06(3)(b)4. 4. An employee telecommuting or working at home and who does not commute to the worksite shall be counted as one person reporting to the worksite in zero vehicles.

NR 486.06(3)(b)5. 5. An employee working full-time on a compressed work schedule shall be counted as one person reporting to the worksite on their compressed weekday off in zero vehicles.

NR 486.06(3)(b)6. 6. An employee who reports to the worksite by walking or riding a nonmotorized bicycle from the employee’s residence shall be counted as one person reporting to the worksite in zero vehicles.

NR 486.06(3)(b)7. 7. An employee who transfers to a carpool, vanpool, buspool or public transit vehicle at a transit or rideshare collection point or to a bicycle or to walking shall make the transfer a minimum of 2 miles from the worksite in order to be counted as reporting to the worksite in a carpool, vanpool, buspool or public transit vehicle, or by walking or bicycling. If the transfer point is less than 2 miles from the worksite, the employee shall be counted as reporting to the worksite according to the mode of travel to the transfer point.

NR 486.06(3)(b)8. 8. An employee who reports to the worksite in a clean fuel vehicle shall be counted as one person reporting to the worksite in a fraction of a vehicle according to a formula prescribed by the department.

NR 486.06(3)(b)9. 9. An employee who reports to the worksite in a vehicle that is continuing to another worksite shall be counted as one person reporting to the worksite in accordance with subd. 2.

NR 486.06 Note Note: The forms referred to in this section are available on request from the following address: Wisconsin Department of Natural Resources, Bureau of Air Management, Employee Commute Options Program, PO Box 7921, Madison WI 53707.

NR 486.06 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (b), (c), (2) (intro.), (3) (intro.), (b) (intro.), 7. and 8., Register, December, 1994, No. 468, eff. 1-1-95.

NR 486.07 NR 486.07 Compliance plan submittal deadline.

NR 486.07(1) (1) Currently affected employers. Affected employers located in the affected area prior to November 15, 1993 shall submit compliance plans to the department no later than November 15, 1994 or within 120 days of formal notification by the department that compliance plans are due, whichever comes first.

NR 486.07(2) (2) Future affected employers. Employers which become affected employers on or after November 15, 1993 shall submit plans to the department within 180 days of becoming affected employers.

NR 486.07 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93.

NR 486.08 NR 486.08 Compliance plan review, approval and disapproval process.

NR 486.08(1) (1) compliance plan review. The department shall review each compliance plan required to be submitted under this chapter. The department shall notify the employer within 90 days of the submittal of the department’s decision to approve the plan as submitted, to conditionally approve the plan if the employer modifies the plan according to recommendations made by the department within 60 days, to disapprove the plan and require the submittal of another plan, or to extend the department’s review of the compliance plan document beyond 90 days. If the department extends its compliance plan review period beyond 90 days, the employer’s compliance plan shall be considered conditionally approved until the department notifies the employer of its final approval or disapproval decision.

NR 486.08(2) (2) Compliance plan approval. The department’s criteria for granting approval or conditional approval of the employer’s compliance plan shall include the following:

NR 486.08(2)(a) (a) The compliance plan is submitted on forms prescribed by the department.

NR 486.08(2)(b) (b) The information on the forms is complete and legible.

NR 486.08(2)(c) (c) The information and data on the forms are accurate.

NR 486.08(2)(d) (d) The compliance plan includes sufficient and appropriate alternative means of commuting incentive or disincentive strategies or both to ensure the affected employer’s target average passenger occupancy rate will be achieved no later than November 15, 1996. If the employer’s initial compliance plan submittal is due after November 15, 1994, the target average passenger occupancy rate shall be achieved within 2 years of the initial submittal due date.

NR 486.08(2)(e) (e) The plan contains any other information required to implement the requirements of this chapter.

NR 486.08(3) (3) Compliance plan disapproval. If an employer’s submitted compliance plan fails to meet the criteria of sub. (2) the department may disapprove it and require the submittal of another plan within 60 days of the department’s disapproval notification. If the department’s review of the second plan does not result in approval or conditional approval, the employer shall submit a third plan within 30 days. If the third plan cannot be approved by the department, the employer shall implement alternative means of commuting strategies contained in the plan which are approved by the department in its response to the third plan submittal. The department shall provide the reasons for all disapprovals in writing to the employer.

NR 486.08(4) (4) Compliance plan modifications. Employers shall notify the department of any significant modifications to the department approved compliance plan within 60 days after the modifications. The department shall determine whether the modifications affect the approval status of the employer’s compliance plan and shall provide a written response approving or disapproving the modifications. Within 90 days after receipt of the notification from the employer, the department shall notify the employer of the department’s decision to approve the modification as submitted, to conditionally approve the modification subject to implementation of recommendations made by the department, or to disapprove the modification. If the department extends its review of the modification beyond 90 days, the employer’s modification shall be considered conditionally approved until the department notifies the employer of its final approval or disapproval of the modification. The department shall provide the reasons for disapproving a modification in writing.

NR 486.08 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (4), Register, December, 1994, No. 468, eff. 1-1-95.

NR 486.09 NR 486.09 Annual employee commute options compliance plan renewal. Affected employers shall submit compliance plan renewals on an annual basis, beginning no later than November 15, 1996, or within 2 years of the plan approval date by the department of their initial compliance plan, whichever comes later. If the employer’s initial compliance plan submittal is due after November 15, 1994, the compliance plan renewal shall be submitted within 2 years of the initial submittal due date.

NR 486.09(1) (1) Annual compliance plan renewal forms, surveys and submittal. The compliance plan renewal shall include the following:

NR 486.09(1)(a) (a) An update of the information specified in s. NR 486.06 using forms provided by the department.

NR 486.09(1)(b) (b) An evaluation of the average passenger occupancy rate documented in the compliance plan renewal compared with the target average passenger occupancy rate required for compliance. The employer shall use forms and methods provided or approved by the department.

NR 486.09(1)(c) (c) A progress report on the employer’s alternative means of commuting strategies in its initial department approved compliance plan which includes reasons for any omissions or delays or both in implementing the plan strategies.

NR 486.09(1)(d) (d) An assessment of the changes in travel mode and worktrip distances experienced by employees participating in alternative means of commuting as a result of the employee commute options program. The employer shall use forms and methods provided or approved by the department.

NR 486.09(1)(e) (e) A revised set of alternative means of commuting strategies using forms provided by the department which is appropriate and sufficient to increase the affected employer’s average passenger occupancy to the target average passenger occupancy rate within 1 year after submitting the employee commute options compliance plan renewal. This requirement shall only apply to employers which fail to achieve the target average passenger occupancy rate of 1.4.

NR 486.09(1)(f) (f) A commitment to continue the alternative means of commuting strategies in a department approved plan at a level sufficient to maintain the continued achievement of the target average passenger occupancy rate for a minimum of 1 year. This requirement shall apply to employers which achieve compliance with the target average passenger occupancy rate of 1.4

NR 486.09(2) (2) Annual compliance plan renewal review, approval and disapproval. The department’s criteria for reviewing and granting approval or conditional approval of the employer’s annual compliance plan renewal shall include the criteria and processes described in s. NR 486.08 except that:

NR 486.09(2)(a) (a) Affected employers failing to achieve the target average passenger occupancy rate after implementing the alternative commuting strategies in the initial compliance plan and the first annual compliance plan renewal may be required to implement other alternative means of commuting strategies approved by the department.

NR 486.09(2)(b) (b) Affected employers submitting 2 consecutive annual compliance plan renewals which achieve the target average passenger occupancy may be permitted by the department to submit biennial plans which certify that the target average passenger occupancy rate is being maintained by the employer’s alternative means of commuting strategies.

NR 486.09 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (d) and (e), Register, December, 1994, No. 468, eff. 1-1-95.

NR 486.10 NR 486.10 Averaging; trading. Employers wishing to participate in an averaging or trading option shall submit details of the proposal to the department and obtain department approval before implementing the option.

NR 486.10(1) (1) Averaging. Affected employers may comply with the target average passenger occupancy rate of 1.4 by participating in a department approved averaging option. This option allows affected employers to combine affected employees for purposes of surveying the average passenger occupancy rate of all worksites participating in the averaging option and determining compliance with the target average passenger occupancy rate of not less than 1.4. The department will permit averaging for the following combinations of affected worksites:

NR 486.10(1)(a) (a) Affected employers participating in combined employee commute options compliance plans as described in s. NR 486.06 (1) (b) and (c).

NR 486.10(1)(b) (b) Separate affected worksites of the same employer within the affected area.

NR 486.10(2) (2) Trading. Affected employers may participate in a department approved trading option. The trading option allows affected employers which exceed the target average passenger occupancy rate to trade the excess average passenger occupancy credits to employers which do not achieve the target average passenger occupancy rate. The requirements for participating in a department approved trading option shall include the following:

NR 486.10(2)(a) (a) Affected employers participating in the trading option shall provide information to the department demonstrating that use of the option will result in substantially the same reduction in vehicle use or emissions as would be required if the trading option was not used.

NR 486.10(2)(b) (b) Affected employers participating in the trading option shall provide information demonstrating that the traded average passenger occupancy credits will be during the same ozone season.

NR 486.10(2)(c) (c) Affected employers participating in the trading option shall be required to demonstrate compliance with the target average passenger occupancy rate on an annual basis during the ozone season.

NR 486.10(2)(d) (d) Affected employers participating in the trading option shall be required to use department approved forms and methods for computing and trading average passenger occupancy credits.

NR 486.10 Note Note: The forms referred to in this section are available on request from the following address: Wisconsin Department of Natural Resources, Bureau of Air Management, Employee Commute Options Program, PO Box 7921, Madison WI 53707.

NR 486.10 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (a), Register, December, 1994, No. 468, eff. 1-1-95; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493.

NR 486.11 NR 486.11 Recordkeeping and monitoring. Affected employers shall retain copies of their completed employee commute options compliance plan forms for a period of not less than 3 years. Employers shall also maintain records of information relevant to the development and implementation of alternative means of commuting strategies in their approved compliance plans. The department may inspect, verify and audit an employer’s compliance plan records and monitor activities related to an employer’s alternative means of commuting strategies.

NR 486.11 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. Register, December, 1994, No. 468, eff. 1-1-95.

NR 486.12 NR 486.12 Enforcement procedures and penalties. Affected employers shall be subject to department enforcement procedures and penalties in accordance with ss. 285.83 and 285.87, Stats., and ch. NR 494 if they fail to comply with the requirements of this chapter.

NR 486.12 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493.