Current through August 26, 2024
An action required under s.
NR 489.03 to have a conformity determination for a
specific pollutant will be determined to conform to the applicable
implementation plan if, for each pollutant that exceeds the rates in s.
NR 489.03(2), or otherwise requires a
conformity determination due to the total of direct and indirect emissions from
the action, the action meets the requirements of s.
NR 489.085(2), and meets any of the
following requirements:
(1) For any
criteria pollutant, the total of direct and indirect emissions from the action
are specifically identified and accounted for in the applicable implementation
plan's attainment or maintenance demonstration;
(2) For ozone or nitrogen dioxide, the total
of direct and indirect emissions from the action are fully offset within the
same nonattainment or maintenance area through a revision to the applicable
implementation plan or a measure similarly enforceable under state and federal
law that effects emission reductions so that there is no net increase in
emissions of that pollutant;
(3)
For any criteria pollutant, except ozone and nitrogen dioxide, the total of
direct and indirect emissions from the action meets:
(a) The requirements specified in s.
NR 489.085(1), based on areawide air
quality modeling analysis and local air quality modeling analysis; or
(b) The requirements specified in sub. (5)
and, for local air quality modeling analysis, the requirements of s.
NR 489.085(1);
(4) For CO or PM10:
(a) Where the department determines, in
accordance with ss.
NR 489.05
and 489.06 and consistent with the
applicable implementation plan, that an areawide air quality modeling analysis
is not needed, the total of direct and indirect emissions from the action meets
the requirements specified in s.
NR 489.085(1), based on local air
quality modeling analysis; or
(b)
Where the department determines, in accordance with ss.
NR 489.05
and 489.06 and consistent with the
applicable implementation plan, that an areawide air quality modeling analysis
is appropriate and that a local air quality modeling analysis is not needed,
the total of direct and indirect emissions from the action meets the
requirements specified in s.
NR 489.085(1), based on areawide
modeling, or meets the requirements of sub. (5); or
(5) For ozone or nitrogen dioxide, and for
purposes of subs. (3) (b) and (4) (b), each portion of the action or the action
as a whole meets any of the following requirements:
(a) Where EPA has approved a revision to an
area's attainment or maintenance demonstration after 1990 and the state makes a
determination as provided in subd. 1. or where the state makes a commitment as
provided in subd. 2.:
Note: Any such determination or commitment shall be made in
compliance with ss.
NR 489.05
and 489.06.
1. The total of direct and indirect emissions
from the action, or portion thereof, is determined and documented by the
department to result in a level of emissions which, together with all other
emissions in the nonattainment or maintenance area, would not exceed the
emissions budgets specified in the applicable implementation plan.
2. The total of direct and indirect emissions
from the action, or portion thereof, is determined by the department to result
in a level of emissions which, together with all other emissions in the
nonattainment or maintenance area, would exceed an emissions budget specified
in the applicable implementation plan and the department makes a written
commitment to EPA which includes the following:
a. A specific schedule for adoption and
submittal of a revision to the applicable implementation plan which would
achieve the needed emission reductions prior to the time emissions from the
federal action would occur;
b.
Identification of specific measures for incorporation into the applicable
implementation plan which would result in a level of emissions which, together
with all other emissions in the nonattainment or maintenance area, would not
exceed any emissions budget specified in the applicable implementation
plan;
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;
d. A determination that
the responsible federal agencies have required all reasonable mitigation
measures associated with their action; and
e. Written documentation including all air
quality analyses supporting the conformity determination.
Note: 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.
(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;
(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;
(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:
1. The baseline emissions reflect the
historical activity levels that occurred in the geographic area affected by the
proposed federal action during:
a. The
calendar year 1990;
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
c. The
year of the baseline inventory in the PM10 applicable implementation plan;
and
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
(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).
