NR 489.02 NoteNote: This term does not have the same meaning as given to an indirect source of emissions under section 110 (a) (5) of the act (42 USC 7410 (a) (5)). NR 489.02(16)(16) “Local air quality modeling analysis” means an assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, which uses an air quality dispersion model to determine the effects of emissions on air quality. NR 489.02(17)(17) “Maintenance area” means any geographic region of the United States previously designated nonattainment pursuant to the 1990 amendments of the act, which took effect November 15, 1990, and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under section 175A of the act (42 USC 7505a). NR 489.02(18)(18) “Maintenance plan” means a revision to the applicable implementation plan, meeting the requirements of section 175A of the act (42 USC 7505a). NR 489.02(19)(19) “Metropolitan planning organization” or “MPO” is that organization designated as being responsible, together with the state, for conducting the continuing, cooperative and comprehensive planning process under 23 USC 134 and 49 USC 1607. NR 489.02(20)(20) “Milestone” has the meaning given in sections 182 (g) (1) and 189 (c) (1) of the act (42 USC 7511a (g) (1) and 7513a (c) (1)). A milestone consists of an emissions level and the date on which it is required to be achieved. NR 489.02(21)(21) “National ambient air quality standards” or “NAAQS” means those standards established pursuant to section 109 of the act (42 USC 7409) and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM10), and sulfur dioxide (SO2). NR 489.02(23)(23) “Nonattainment area” means any geographic area of the United States which has been designated as nonattainment under section 107 of the act (42 USC 7407) and described in 40 CFR part 81 as in effect on July 1, 1998. NR 489.02(24)(a)(a) For ozone, nitrogen oxides (NOx), unless an area is exempted from NOx requirements under section 182 (f) of the act (42 USC 7511a (f)), and volatile organic compounds (VOC); and NR 489.02(24)(b)(b) For PM10, those pollutants described in the PM10 nonattainment area applicable implementation plan as significant contributors to the PM10 levels. NR 489.02(25)(25) “Reasonably foreseeable emissions” are projected future indirect emissions that are identified at the time the conformity determination is made, where the location of such emissions is known to the extent adequate to determine the impact of such emissions, and the emissions are quantifiable, as described and documented by the federal agency based on its own information and after reviewing any information presented to the federal agency. NR 489.02(26)(26) “Regionally significant action” means a federal action for which the direct and indirect emissions of any pollutant represent 10% or more of a nonattainment or maintenance area’s emissions inventory for that pollutant. NR 489.02(27)(27) “Regional water or wastewater projects” include construction, operation and maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs which affect a large portion of a nonattainment or maintenance area. NR 489.02(28)(28) “Total of direct and indirect emissions” means the sum of direct and indirect emissions increases and decreases caused by the federal action, i.e., the net emissions considering all direct and indirect emissions. Any emissions decreases used to reduce the total shall be enforceable under federal law. The portion of emissions which are exempt or presumed to conform under s. NR 489.03 (3), (4), (5) or (6) are not included in the total of direct and indirect emissions, except as provided in s. NR 489.03 (10). The total of direct and indirect emissions includes emissions of criteria pollutants and emissions of precursors of criteria pollutants. The segmentation of projects for conformity analyses when emissions are reasonably foreseeable is not permitted by this chapter. NR 489.02 HistoryHistory: Cr. Register, September, 1995, No. 477, eff. 10-1-95; am. (12), (17), (22), Register, January, 1997, No. 493, eff. 2-1-97; am. (intro.), (6), (22) and (23), Register, November, 1999, No. 527, eff. 12-1-99. NR 489.03(1)(1) Conformity determinations for federal actions related to transportation plans, programs and projects developed, funded or approved under title 23 USC or the federal transit act, 49 USC 1601 to 1625, shall meet the procedures and criteria of the state implementation plan provision adopted under 40 CFR part 51 subpart T in lieu of the procedures in this chapter. NR 489.03(2)(2) For federal actions not covered by sub. (1), a conformity determination is required for each pollutant where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates in par. (a) or (b). NR 489.03(2)(a)(a) For purposes of this subsection, the following rates apply in nonattainment areas: NR 489.03(2)(b)(b) For purposes of this subsection, the following rates apply in maintenance areas: NR 489.03 NoteNote: There are no counties located in an ozone transport region in Wisconsin.
NR 489.03(3)(3) The requirements of this chapter do not apply to: NR 489.03(3)(a)(a) Actions where the total of direct and indirect emissions are below the emissions levels specified in sub. (2). NR 489.03(3)(b)(b) The following actions, which would result in no emissions increase or an increase in emissions that is clearly de minimis:
