NR 489.03(4)(e)(e) Direct emissions from remedial and removal actions carried out under the comprehensive environmental response, compensation and liability act (CERCLA) and associated regulations to the extent such emissions either comply with the substantive requirements of the PSD or NSR permitting program or are exempted from other environmental regulation under the provisions of CERCLA and applicable regulations issued under CERCLA.

NR 489.03(5)(5) Federal actions which are part of a continuing response to an emergency or disaster under sub. (4) (b) and which are to be taken more than 6 months after the commencement of the response to the emergency or disaster under sub. (4) (b) are exempt from the requirements of this chapter only if:

NR 489.03(5)(a)(a) The federal agency taking the actions makes a written determination that, for a specified period not to exceed an additional 6 months, it is impractical to prepare the conformity analyses which would otherwise be required and the actions cannot be delayed due to overriding concerns for public health and welfare, national security interests and foreign policy commitments; or

NR 489.03(5)(b)(b) For actions which are to be taken after those actions covered by par. (a), the federal agency makes a new determination as provided in par. (a).

NR 489.03(6)(6) Notwithstanding other requirements of this chapter, individual actions or classes of actions specified by individual federal agencies that have met the criteria set forth in either sub. (7) (a) or (b) and the procedures set forth in sub. (8) are presumed to conform, except as provided in sub. (10).

NR 489.03(7)(7) The federal agency shall meet the criteria for establishing activities that are presumed to conform by fulfilling the requirements set forth in either par. (a) or (b):

NR 489.03(7)(a)(a) The federal agency shall clearly demonstrate using methods consistent with this chapter that the total of direct and indirect emissions from the type of activities which would be presumed to conform would not:

NR 489.03(7)(a)4.4. Delay timely attainment of any NAAQS or any required interim emission reductions or other milestones in any area including, where applicable, emission levels specified in the applicable implementation plan for purposes of:

NR 489.03(7)(b)(b) The federal agency shall provide documentation that the total of direct and indirect emissions from such future actions would be below the emission rates for a conformity determination that are established in sub. (2), based, for example, on similar actions taken over recent years.

NR 489.03(8)(8) In addition to meeting the criteria for establishing exemptions set forth in sub. (7) (a) or (b), the following procedures shall also be complied with by the federal agency for activities that are presumed to conform:

NR 489.03(8)(a)(a) The federal agency shall identify through publication in the federal register its list of proposed activities that are presumed to conform and the analysis, assumptions, emissions factors and criteria used as the basis for the presumptions;

NR 489.03(8)(b)(b) The federal agency shall notify the appropriate EPA regional office, state and local air quality agencies and, where applicable, the agency designated under section 174 of the act (42 USC 7504) and the MPO and provide at least 30 days for the public to comment on the list of proposed activities presumed to conform;

NR 489.03(8)(c)(c) The federal agency shall document its response to all the comments received and make the comments, response and final list of activities available to the public upon request; and

NR 489.03(9)(9) Notwithstanding the other requirements of this chapter, when the total of direct and indirect emissions of any pollutant from a federal action does not equal or exceed the rates specified in sub. (2), but represents 10% or more of a nonattainment or maintenance area’s total emissions of that pollutant, the action is defined as a regionally significant action and the requirements of ss. NR 489.01 and 489.05 to 489.10 shall apply for the federal action.

NR 489.03(10)(10) Where an action presumed to be de minimis under sub. (3) (a) or (b) or otherwise presumed to conform under sub. (6) is a regionally significant action or where an action otherwise presumed to conform under sub. (6) does not in fact meet one of the criteria in sub. (7) (a), that action may not be considered de minimis or presumed to conform and the requirements of ss. NR 489.01 and 489.05 to 489.10 shall apply for the federal action.

NR 489.04NR 489.04 Conformity analysis. Any federal department, agency, or instrumentality of the federal government taking an action subject to 40 CFR part 51 subpart W, as in effect on July 1, 1998, and this chapter shall make its own conformity determination consistent with the requirements of this chapter. In making its conformity determination, a federal agency shall consider comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a project, a federal agency may choose to adopt the analysis of another federal agency, to the extent the proposed action and impacts analyzed are the same as the project for which a conformity determination is required, or develop its own analysis in order to make its conformity determination.

NR 489.05NR 489.05 Reporting requirements.

NR 489.05(1)(1) A federal agency making a conformity determination under ss. NR 489.08 and 489.085 shall provide to the appropriate EPA regional office, the department, local air quality agencies and, where applicable, affected federal land managers and the MPO a 30-day notice which describes the proposed action and the federal agency’s draft conformity determination on the action.

NR 489.05(2)(2) A federal agency shall notify the appropriate EPA regional office, the department and local air quality agencies and, where applicable, affected federal land managers and the MPO within 30 days after making a final conformity determination under ss. NR 489.08 and 489.085.