Current through August 26, 2024
(1) All areas of the state, except as
otherwise provided under s.
NR 405.03, shall be designated either Class I, Class II,
or Class III. Any designation other than Class II shall be subject to the
redesignation procedures of this section. Any redesignation must be approved by
the administrator as a revision to the applicable state implementation
plan.
(2) The department may
redesignate areas of the state Class I or Class II if the following criteria
are met:
(a) At least one public hearing has
been held in the area affected.
(b)
Other states, Indian governing bodies, and federal land managers whose lands
may be affected by the proposed redesignation are notified at least 30 days
prior to the public hearing.
(c) A
discussion of the reasons for the proposed redesignation, including a
satisfactory description and analysis of the health, environmental, economic,
social and energy effects of the proposed redesignation, is prepared and made
available for public inspection at least 30 days prior to the hearing and the
notice announcing the hearing contained appropriate notification of the
availability of such discussion.
(d) Prior to the issuance of notice
respecting the redesignation of an area that includes any federal lands, the
department shall provide written notice to the appropriate federal land manager
and the federal land manager shall be allowed 30 days to confer with the
department respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any federal
land manager submits written comments and recommendations, the department shall
publish a list of any inconsistency between such redesignation and such
comments and recommendations (together with the reasons for making such
redesignation against the recommendation of the federal land
manager).
(e) The department
proposes the redesignation after consultation with the elected leadership of
local and other substate general purpose governments in the area covered by the
proposed redesignation.
(3) Any area other than an area to which s.
NR 405.03 refers may be redesignated as Class III if the
following criteria are met:
(a) The
redesignation meets the requirements of provisions established in accordance
with sub. (2).
(b) The
redesignation, except any established by an Indian governing body, is
specifically approved by the department.
(c) The redesignation does not cause, or
contribute to, a concentration of any air contaminant which exceeds any maximum
allowable increase permitted under the classification of any other area or any
national ambient air quality standard.
(d) Any permit application for any major
stationary source or major modification subject to provisions established in
accordance with s.
NR 405.10,
which can receive a permit only if the area in question is redesignated as
Class III, and any material submitted as part of that application is available,
insofar as is practicable, for public inspection prior to any public hearing on
redesignation of any area as Class III.
(4) Lands within the exterior boundaries of
Indian reservations may be redesignated only by the appropriate Indian
governing body. The appropriate Indian governing body may submit to the
administrator a proposal to redesignate areas Class I, Class II, or Class III
provided that the following conditions are met:
(a) The Indian governing body has followed
procedures equivalent to those required of the department under subs. (2) and
(3) (c) and (d).
(b) Such
redesignation is proposed after consultation with the state in which the Indian
reservation is located and which border the Indian reservation.
(5) If the administrator
disapproves a proposed redesignation, the classification of the area shall be
that which was in effect prior to the disapproval of the
redesignation.
(6) If the
administrator disapproves any proposed area redesignation, the department or
Indian governing body, as appropriate, may resubmit the proposal after
correcting the deficiencies noted by the administrator.
The time period provided for a federal land manager's
comments in the federal regulations (not in excess of 60 days) is specified as
30 days in sub. (2) (d).
