NR 489.01(1)(1) The purpose of this rule is to implement section 176 (c) of the clean air act (42 USC 7406 (c)) and regulations under 40 CFR part 51 subpart W as in effect on July 1, 1998 with respect to the conformity of general federal actions to the applicable implementation plan. Under those authorities, no department, agency or instrumentality of the federal government may engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable implementation plan. This chapter sets forth policy, criteria and procedures for demonstrating and assuring conformity of such actions with the applicable implementation plan.

NR 489.01(2)(2) Under section 176 (c) of the act (42 USC 7506 (c)) and 40. CFR part 51 subpart W, a federal agency must make a determination that a federal action conforms to the applicable implementation plan in accordance with the requirements of this chapter before the action is taken.

NR 489.01(3)(3) Subsection (2) does not include federal actions where either:

NR 489.01(3)(a)(a) A national environmental policy act (NEPA) analysis was completed as evidenced by a final environmental assessment (EA), environmental impact statement (EIS), or finding of no significant impact (FONSI) that was prepared prior to January 31, 1994; or

NR 489.01(3)(b)2.2. Sufficient environmental analysis was completed by March 15, 1994, so that the federal agency may determine that the federal action is in conformity with the specific requirements and the purposes of the applicable implementation plan pursuant to the agency’s affirmative obligation under section 176 (c) of the act (42 USC 7506 (c)); and

NR 489.01(3)(b)3.3. A written determination of conformity under section 176 (c) of the act (42 USC 7506 (c)) has been made by the federal agency responsible for the federal action by March 15, 1994.

NR 489.01(4)(4) Notwithstanding any provision of this chapter, a determination that an action is in conformity with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the NEPA, or the act.

NR 489.02NR 489.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, terms used but not defined in ch. NR 400 or this chapter shall have the meanings given them by the act and the environmental protection agency’s (EPA) regulations promulgated under the act as of July 1, 1998, in that order of priority. The following definitions apply to the terms used in this chapter:

NR 489.02(1)(1) “Affected federal land manager” means the federal agency or the federal official charged with direct responsibility for management of an area designated as class I under section 162 of the act (42 USC 7472) that is located within 100 km of the proposed federal action.

NR 489.02(2)(2) “Applicable implementation plan” means the portion, or portions, of the state implementation plan, or most recent revision thereof, which has been approved under section 110 of the act (42 USC 7410), a federal implementation plan promulgated under section 110 (c) of the act (42 USC 7410 (c)), or a tribal implementation plan promulgated or approved pursuant to regulations promulgated under section 301 (d) of the act (42 USC 7601 (d)) and which implements the relevant requirements of the act.

NR 489.02(3)(3) “Areawide air quality modeling analysis” means an assessment on a scale that includes the entire nonattainment or maintenance area which uses an air quality dispersion model to determine the effects of emissions on air quality.

NR 489.02(4)(4) “Cause or contribute to a new violation” means a federal action that:

NR 489.02(4)(a)(a) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken; or

NR 489.02(4)(b)(b) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.

NR 489.02(5)(5) “Caused by”, as used in conjunction with the terms “direct emissions” and “indirect emissions”, means emissions that would not otherwise occur in the absence of the federal action.

NR 489.02(6)(6) “Criteria pollutant” means any pollutant for which there is established a NAAQS under 40 CFR part 50 as in effect on July 1, 1998.

NR 489.02(7)(7) “Direct emissions” means those emissions of a criteria pollutant or its precursors that are caused or initiated by the federal action and occur at the same time and place as the action.

NR 489.02(8)(8) “Emergency” means a situation where extremely quick action on the part of the federal agencies involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of this chapter, such as natural disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and military mobilizations.

NR 489.02(9)(9) “Emissions budgets” are those portions of the total allowable emissions defined in an EPA-approved revision to the applicable implementation plan for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, specifically allocated by the applicable implementation plan to mobile sources, to any stationary source or class of stationary sources, to any federal action or class of action, to any class of area sources, or to any subcategory of the emissions inventory. The allocation system shall be specific enough to assure meeting the criteria of section 176 (c) (1) (B) of the act (42 USC 7506 (c) (1) (B)). An emissions budget may be expressed in terms of an annual period, a daily period, or other period established in the applicable implementation plan.

NR 489.02(10)(10) “Emissions offsets”, for purposes of s. NR 489.08, are emission reductions which are quantifiable, consistent with the attainment and reasonable further progress demonstrations of the applicable implementation plan, surplus to reductions required by, and credited to, other applicable implementation plan provisions, enforceable under both state and federal law, and permanent within the time frame specified by the program. Emissions reductions intended to be achieved as emissions offsets under this chapter shall be monitored and enforced in a manner equivalent to that under EPA’s new source review requirements.