Ch. NR 486 NoteNote: On April 28, 1996, the governor suspended enforcement of this chapter by the department pursuant to s. 285.33 (5) (b), Stats.

NR 486.01(1)(1) Applicability. This chapter applies to all employers with worksites of 100 or more employees in the Wisconsin severe ozone nonattainment area, pursuant 42 USC 7511a (d) (1) (B).

NR 486.01(2)(2) Purpose. The purpose of this chapter is to establish, pursuant to s. 285.33, Stats., requirements for the development of an employee commute options program, otherwise referred to as an employee trip reduction program.

NR 486.01 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; am. (2), Register, December, 1994, No. 468, eff. 1-1-95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1997, No. 493.

NR 486.02NR 486.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 486.02(1)(1) “Affected area”means Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha counties.

NR 486.02(2)(2) “Affected employee” means an employee who reports on a regular schedule to a worksite of 100 or more employees during the peak travel period.

NR 486.02(3)(3) “Affected employer” means any person, firm, business, educational institution, the state, a political subdivision of the state, the federal government, nonprofit agency or corporation, or other entity which employs a weekly average of 100 or more employees during one ozone season at a worksite within the affected area.

NR 486.02(4)(4) “Alternative means of commuting” means travel between an employee’s place of residence and primary worksite other than in a vehicle occupied by one person. Alternative means of commuting include but are not limited to the use of public transit, carpools, vanpools, buspools, bicycling, walking, telecommuting and compressed work schedules which are designed to reduce the number of days per week an employee must travel to work.

NR 486.02(5)(5) “Average passenger occupancy” means the number of affected employees reporting to a worksite during the peak travel period divided by the number of vehicles in which those employees report as determined by the survey information described under s. NR 486.06 (3).

NR 486.02(6)(6) “Base average vehicle occupancy rate” means the number of employees reporting to all employers in the affected area during the peak travel period divided by the number of vehicles in which those employees report, as determined in 1992 from travel survey results submitted by the department and approved by the U.S. environmental protection agency. The base average vehicle occupancy rate for the affected area is 1.12.