NR 489.08(5)(a)2.c.c. A demonstration that all existing applicable implementation plan requirements are being implemented in the area for the pollutants affected by the federal action, and that local authority to implement additional requirements has been fully pursued; NR 489.08(5)(a)2.d.d. A determination that the responsible federal agencies have required all reasonable mitigation measures associated with their action; and NR 489.08(5)(a)2.e.e. Written documentation including all air quality analyses supporting the conformity determination. NR 489.08 NoteNote: When a federal agency makes a conformity determination based on a state commitment under subd. 2.., such a state commitment is automatically deemed a call for an implementation plan revision by EPA under section 110 (k) (5) of the act (42 USC 7410 (k) (5)), effective on the date of the federal conformity determination and requiring response within 18 months or any shorter time within which the state commits to revise the applicable implementation plan. NR 489.08(5)(b)(b) The action, or portion thereof, as determined by the MPO, is specifically included in a current transportation plan and transportation improvement program which has been found to conform to the applicable implementation plan under 40 CFR part 51, subpart T or part 93, subpart A as in effect on July 1, 1998; NR 489.08(5)(c)(c) The action, or portion thereof, fully offsets its emissions within the same nonattainment or maintenance area through a revision to the applicable implementation plan or an equally enforceable measure that achieves emission reductions equal to or greater than the total of direct and indirect emissions from the action so that there is no net increase in emissions of that pollutant; NR 489.08(5)(d)(d) Where EPA has not approved a revision to the relevant implementation plan attainment or maintenance demonstration since 1990, the total of direct and indirect emissions from the action for the future years, described in s. NR 489.09 (4), do not increase emissions with respect to the baseline emissions, and: NR 489.08(5)(d)1.1. The baseline emissions reflect the historical activity levels that occurred in the geographic area affected by the proposed federal action during: NR 489.08(5)(d)1.b.b. The calendar year that is the basis for the classification or, where the classification is based on multiple years, the year that is most representative in terms of the level of activity, if a classification is promulgated in 40 CFR part 81 as in effect on July 1, 1998; or NR 489.08(5)(d)1.c.c. The year of the baseline inventory in the PM10 applicable implementation plan; and NR 489.08(5)(d)2.2. The baseline emissions are the total of direct and indirect emissions calculated for the future years, described in s. NR 489.09 (4), using the historic activity levels, described in subd. 1., and appropriate emission factors for the future years; or NR 489.08(5)(e)(e) Where the action involves regional water or wastewater projects, the projects are sized to meet only the needs of population projections that are in the applicable implementation plan, based on assumptions regarding per capita use that are developed or approved in accordance with s. NR 489.09 (1). NR 489.08 HistoryHistory: Cr. Register, September, 1995, No. 477, eff. 10-1-95; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, January, 1997, No. 493; am. (intro.), (3) (a), (b), (4) (a), (b), (5) (b) and (d) 1. b., renum. (6) to (8) to be s. NR 489.085 (1) to (3), Register, November, 1999, No. 527, eff. 12-1-99. NR 489.085NR 489.085 Additional requirements for determining conformity of general federal actions. NR 489.085(1)(1) The areawide and local air quality modeling analyses shall: NR 489.085(1)(b)1.1. Cause or contribute to any new violation of any NAAQS in any area; or NR 489.085(1)(b)2.2. Increase the frequency or severity of any existing violation of any NAAQS in any area. NR 489.085(2)(2) Notwithstanding any other requirements of this section and s. NR 489.08, an action subject to this chapter may not be determined to conform to the applicable implementation plan unless the total of direct and indirect emissions from the action is in compliance or consistent with all relevant requirements and milestones contained in the applicable implementation plan, such as elements identified as part of the reasonable further progress schedules, assumptions specified in the attainment or maintenance demonstration, prohibitions, numerical emission limits, and work practice requirements, and such action is otherwise in compliance with all relevant requirements of the applicable implementation plan. NR 489.085(3)(3) Any analyses required under this section and s. NR 489.08 shall be completed, and any mitigation requirements necessary for a finding of conformity shall be identified in compliance with s. NR 489.10, before the determination of conformity is made. NR 489.085 HistoryHistory: Renum. (1) to (3) from NR 489.08 (6) to (8) and am. (2) and (3), Register, November, 1999, No. 527, eff. 12-1-99. NR 489.09NR 489.09 Procedures for conformity determinations of general federal actions. NR 489.09(1)(1) The analyses required under this chapter shall be based on the latest planning assumptions. NR 489.09(1)(a)(a) All planning assumptions, including, but not limited to, per capita water and sewer use, vehicle miles traveled per capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership, wood stoves per household, and the geographic distribution of population growth, shall be derived from the estimates of current and future population, employment, travel and congestion most recently developed by the MPO, or other agency authorized to make such estimates for the area. The conformity determination shall also be based on assumptions and estimates about current and future background concentrations that are included in the current applicable implementation plan and based on the latest assumptions and estimates about other federal actions. NR 489.09(1)(b)(b) Any revisions to these estimates used as part of the conformity determination, including projected shifts in geographic location or level of population, employment, travel and congestion, shall be approved by the MPO or other agency authorized to make such estimates for the area. NR 489.09(2)(2) The analyses required under this chapter shall be based on the latest and most accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If such techniques are inappropriate and written approval of the EPA regional administrator is obtained for any modification or substitution, they may be modified or another technique substituted on a case-by-case basis or, where appropriate, on a generic basis for a specific federal agency program. NR 489.09(2)(a)(a) For motor vehicle emissions, the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans in the state or area shall be used for the conformity analysis as specified below in subds. 1. and 2.: