Wis. Admin. Code Department of Natural Resources NR 489.085

Current through October 28, 2024
Section NR 489.085 - Additional requirements for determining conformity of general federal actions
(1) The areawide and local air quality modeling analyses shall:
(a) Meet the requirements in s. NR 489.09; and
(b) Show that the action does not:
1. Cause or contribute to any new violation of any NAAQS in any area; or
2. Increase the frequency or severity of any existing violation of any NAAQS in any area.
(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.
(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.

Wis. Admin. Code Department of Natural Resources NR 489.085

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.