reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.01 - Purpose and policy

Current through June 24, 2024
(1) This chapter will facilitate the
				regulation of projects whose purpose is wetland conservation by establishing a
				process to review activities associated with the restoration of former
				wetlands, the enhancement of degraded wetlands, and the maintenance or
				management of existing wetlands.
(2) Wisconsin has lost almost half its
				historic wetland acreage and it is recognized that the protection, management
				and restoration of wetlands in the state will benefit fish, wildlife, water
				quality, flood control, biodiversity and natural scenic beauty. Pursuant to s.
				NR
				1.95, it is the policy of the department to reverse
				the loss of wetlands in Wisconsin and to encourage and facilitate the
				protection, management and restoration of wetlands.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.02 - Applicability

Current through June 24, 2024
This chapter applies to projects whose purpose is wetland
				  conservation and which are reviewed by the department under ss.
				  281.36,
				  30.12,
				  30.124,
				  30.19,
				  30.195,
				  30.20,
				  31.02
				  and
				  31.12,
				  Stats., and s.
				  NR
				  1.95 and chs.
				  NR 103,
				  107,
				  115,
				  116,
				  150,
				  216,
				  299,
				  300,
				  333 and
				  350.
This chapter does not authorize an activity unless the
					 purpose of the project is wetland conservation. For example, this chapter does
					 not authorize the construction of a detention basin in wetlands for stormwater
					 management, even if the detention basin or the project of which the basin is a
					 part will also result in habitat creation or enhancement. Similarly, this
					 chapter does not authorize a flood control project that may also result in
					 creation or enhancement of some wildlife habitat.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.04 - Eligibility for a shortform wetland conservation permit

Current through June 24, 2024
(1) To be eligible
				for a shortform wetland conservation permit, the department shall determine
				that all of the following conditions are met:
(a) The project purpose is wetland
				conservation.
(b) The project
				proponent has demonstrated that site conditions exhibit impacts to topography,
				soils, native vegetation or hydrology that have degraded a wetland and are
				potentially reversible.
(c) The
				project proponent has demonstrated that the project involves only listed
				wetland conservation activities as specified in s.
				NR
				353.05 or that the proposed activity is maintenance of
				a preexisting wetland conservation project under s.
				NR
				353.10.
(d) The project does not involve any
				activities in navigable waters with prior stream history, or is otherwise
				determined to not cause significant adverse impacts to those waters.
(e) The project does not cause significant
				adverse impacts to a cold water community, as defined in s.
				NR
				102.04(3) (a).
(f) The project does not cause significant
				obstruction of fish passage to existing spawning areas.
(g) The project does not cause significant
				adverse impacts to state threatened or endangered resources.
(h) The project does not cause significant
				adverse impacts to historical or cultural resources and will comply with s.
				44.40,
				Stats.
(i) Any proposed dikes,
				embankments or low berms as defined in s.
				NR
				353.05(3), will have a height of less
				than 6 feet measured from natural ground to design top of the structure and
				will result in less than 50 acre-feet total storage, and have been designed by
				a professional engineer registered in the state of Wisconsin or submitted by a
				county, state or federal agency. A project with a design embankment height 2
				feet or less above the natural ground and with less that 50 acre-feet of
				storage does not have to be designed a professional engineer.
(j) The project does not involve the planned
				introduction of non-native or invasive wetland plants.
(k) The project does not involve the control
				of native wetland plant species unless the project proponent has demonstrated
				that the activity is to maintain a wetland community or to diversify a
				monoculture or a monotypic stand of invasive wetland plants. Removal of
				monotypic stands of invasive herbaceous vegetation may include excavation only
				if incidental soil removal and deposition occurs on uplands or like monoculture
				adjacent to the area of removal.
Note: This provision applies only to incidental soil
				  associated with plant removal and is not intended to allow conversion of
				  wetlands to uplands.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.05 - Wetland conservation activities and design specifications

Current through June 24, 2024
Unless otherwise specified in this section, wetland
				  conservation activities should be designed and constructed to applicable
				  Natural Resources Conservation Service Field Office Technical Guide Standard
				  Conservation Practice 378 - Pond (7/01), 410 - Grade Stabilization Structure
				  (7/01), 638 - Water and Sediment Control Basin (7/01) and 657 - Wetland
				  Restoration (9/00). Wetland conservation activities include:
Note: These materials are available at the United States
				  Department of Agriculture Wisconsin Natural Resources Conservation Service
				  website:
www.wi.nrcs.usda.gov
or from
				  the county NRCS office or the Wisconsin Land and Water Conservation Association
				  office, Madison, WI at (608) 833 -1833. Copies of the materials are available
				  for inspection in the offices of the department of natural resources, secretary
				  of state and legislative reference bureau in Madison, Wisconsin.
(1) Removing or disabling a section of drain
				tile in the project area.
(2)
				Disabling surface drains by filling lengths of the ditch downstream of the
				drainage system to be altered. Ditch fills may be added upstream of ditch
				plugs.
(3) Constructing dikes,
				embankments and low berms to Natural Resources Conservation Service Field
				Office Technical Guide Standard Conservation Practice 657, 378, 410 or 638,
				that impede surface water drainage or runoff.
(4) Removing soil and vegetation or post
				European settlement deposition that has accumulated over historic wetland soils
				or creating micro-topography to enhance hydrologic diversity including shallow
				scrapes, channels, submerged islands and interconnected open water
				areas.
(5) Altering the hydrology
				of an area by removing pumps, breaching structures such as dikes, or re-routing
				artificial drainage features or manipulation of water control
				structures.
(6) Introducing plants
				by planting, cultivating, stocking or releasing. Controlling plants by cutting,
				removing, destroying or suppressing using manual or mechanical methods,
				introducing United States department of agriculture approved biological agents,
				manipulating water levels, burning, or using United States environmental
				protection agency registered herbicides and chemicals applied according to the
				label instructions.
(7) Installing
				and maintaining devices such as staff gauges, water level recording devices,
				small weirs and flumes whose purpose is to measure and record scientific data
				for monitoring of the conservation activity, periodic water quality testing and
				periodic sampling to show changes in flora and fauna composition and
				abundance.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.06 - Application and information requirements

Current through June 24, 2024
(1) An application
				to the department is required before commencing any regulated wetland
				conservation activity.
(2) In
				addition to the information listed in s.
				NR
				353.04, the applicant shall provide the following
				information:
(a) Location of the project site
				delineated on the appropriate United States geological survey 1:24,000
				quadrangle map or map copy.
(b) A
				general description of the site and any adjacent wetlands including any aerial
				photographs of the proposed restoration area.
(c) A description of existing site conditions
				including soils, hydrologic conditions, current land-use, plant communities
				present and wetland delineation, if applicable.
(d) A narrative description of the planned
				project including how it meets the eligibility requirements listed in s.
				NR
				353.04.
(e) A sketch of the project with dimensions,
				including a top, cross-sectional and side view of the project. For projects
				under s.
				NR
				353.05(3), design plans and
				specifications shall be provided.
(f) Goal and objectives for the project
				including long-term site management.
(g) Sufficient information to demonstrate
				compliance with s.
				88.91(1),
				Stats.
(h) If the department
				determines the proposed project will reduce the effective flood flow capacity
				of the waterway by obstruction of existing flow area, information sufficient
				for the department to conduct a hydrologic or hydraulic analysis.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.07 - Department determinations

Current through June 24, 2024
Upon receipt of a complete application, the department shall
				  determine:
(1) Whether the project
				purpose is wetland conservation.
(2) If the department determines that the
				project purpose is not for wetland conservation, the department shall notify
				the applicant of his or her option to do any of the following:
(a) Apply for a permit under other
				authorities.
(b) Revise the project
				to comply with the requirements of this chapter.
(c) Withdraw the request.
(d) Appeal the department's decision under s.
				227.42,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.08 - Wetland conservation permit conditions

Current through June 24, 2024
All approvals issued under ss.
				  NR
				  353.04,
				  353.07(4) and shall
				  be 353.10 subject to the following conditions:
(1) The applicant submits a completed and
				signed application form.
(2) The
				proposed project shall be constructed in compliance with this chapter and
				applicable statutes, and the conditions in the wetland conservation
				permit.
(3) The project proponent
				shall maintain the project in compliance with the terms and conditions of the
				shortform wetland conservation permit, this chapter and applicable statutes.
				The applicant may conduct maintenance activities described in the application
				without any further approval by the department.
(4) Approvals issued in compliance with this
				chapter and applicable statutes are valid only if all other necessary approvals
				are received from local, state or federal jurisdictions.
(5) Wherever possible, project sites should
				include an adjacent zone of vegetated upland pursuant to NRCS Technical Guide
				Standard Conservation Practice 657- Wetland Restoration (9/00), unless the site
				conditions or configuration will not accommodate such a zone.
Note: This practice is available at the United States
				  Department of Agriculture Wisconsin Natural Resources Conservation Service
				  website:
http://efotg.sc.egov.usda.gov/references/public/WI/657.pdf
or
				  from the county NRCS office or the Wisconsin Land and Water Conservation
				  Association office, Madison, WI at (608) 833 -1833. A copy of the practice is
				  available for inspection in the offices of the department of natural resources,
				  secretary of state and legislative reference bureau in Madison,
				  Wisconsin.
(6) Any removed
				vegetation or soil shall be deposited on uplands or used in other approved
				wetland conservation activities.
(7) During project establishment, all
				applicable provisions of NRCS Technical Guide Standard Conservation Practice
				657 shall apply. Applicable practices shall be those that adequately control or
				prevent erosion, and prevent damage to waterways and wetland soils. Where
				purple loosestrife (Lythrum salicaria); reed canary grass (Phalaris
				arundinacea) or common reed (Phragmites australis) are present, equipment
				washing or other practices to prevent accidental dispersal shall be
				utilized.
(8) If the department
				determines that species of special concern listed in the Wisconsin natural
				heritage inventory are known to be present in the project area, the department
				may notify and advise the applicant of reasonable activities to prevent
				significant adverse impacts or to enhance the habitat for the species of
				concern. Notification and recommendation shall take place within the permit
				review period specified in ch. NR 300.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.09 - Individual permits for wetland conservation projects

Current through June 24, 2024
(1) If the
				department determines that the proposed project is for wetland conservation but
				is not eligible for a shortform wetland conservation permit under s.
				NR
				353.04 or
				353.10, the project may not proceed
				without an individual permit from the department issued pursuant to applicable
				laws.
(2) The department shall give
				full consideration to the benefits to wetland functional values together with
				the potential adverse effects on aquatic community values and public rights and
				uses. The department shall grant the individual wetland conservation permit if
				it finds:
(a) That the primary purpose of the
				project is wetland conservation;
(b) The proposed project will meet the
				requirements of the applicable laws.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.10 - Maintenance of pre-existing wetland conservation projects

Current through June 24, 2024
(1) An owner of any
				wetland conservation project constructed prior to August 1, 1991, may conduct
				maintenance activities if all the following conditions are met:
Note: The construction and maintenance of wetland
				  conservation projects has been regulated since August 1, 1991, the effective
				  date of ch. NR 103, Wetland Water Quality Standards.
(a) The owner submits to the department a
				description and a diagram of existing site conditions which includes: the
				location of the project; hydrologic characteristics of the site; existing plant
				communities on the site; the location and condition of existing dikes, ditches,
				nesting islands, water level control structures and pumps, and other project
				infrastructures; current land use for the site; and past management and
				maintenance activities that have occurred on the site.
(b) The owner submits to the department a
				description of proposed maintenance activities including areas to be excavated
				and cross-sections of proposed enhancements to existing dikes and nesting
				islands. A hydrologic or hydraulic analysis may be required if the proposed
				project includes alteration to the height or cross-section of the dike. If the
				analysis is required, the applicant may be required to retain an engineer
				registered in the state of Wisconsin, to prepare this analysis.
(c) Upon receipt of the descriptions and
				diagram under pars. (a) and (b), the department and the applicant shall conduct
				a field review of the project.
(d)
				After field review and modifications deemed necessary to the maintenance
				project, the department shall approve the maintenance activities if it
				determines the plan is consistent with the purpose of enhancing wetland
				functional values.
(e) The
				applicant shall allow department employees access to make inspections to assure
				that the maintenance activities are in compliance with the approved
				plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 353 - Wetland conservation activities › Section NR 353.11 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter shall be
				subject to enforcement under the enforcement and penalty provisions of chs. 23,
				29, 30, 31, 281 and 283, Stats.
(2)
				Department employees may obtain access under applicable statutes to make
				inspections for the purpose of assuring that activities performed under this
				chapter are in compliance with the applicable provisions of law.
(3) A violation of a permit issued relating
				to a project under this chapter is a violation of the statutes or rules
				relating to the issuance of that permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 400 - Air Pollution Control Definitions › Section NR 400.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			terms, units and abbreviations used in chs.
			NR
			400 to
			499. In addition to the
			definitions in this chapter, other definitions may be included in individual
			chapters or sections in chs. NR 401 to
			499 which are applicable to terms,
			units or abbreviations used in those respective chapters or sections. If an
			individual chapter or section defines a term which is also defined in this
			chapter, the definition contained in the individual chapter or section shall
			apply within that chapter or section, rather than the definition in this
			chapter.
(2) PURPOSE. This chapter
			is adopted under ss.
			285.11
			and
			285.13,
			Stats., to establish a set of definitions for terms commonly used throughout
			chs.
			NR
			400 to
			499. Individual chapters or
			sections in chs. NR 401 to
			499 may contain additional
			definitions for terms unique to an individual chapter or section or to a
			specified series of chapters.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 400 - Air Pollution Control Definitions › Section NR 400.02 - Definitions

Current through June 24, 2024
Except when another definition is specifically made
			  applicable, in chs.
			  NR
			  401 to 499:
(1) "Acid rain allowance" or "allowance"
			means an authorization by the administrator under the acid rain program to emit
			up to one ton of sulfur dioxide during or after a specified calendar
			year.
(2) "Acid rain phase I
			affected unit" means any unit listed in Table A of
			42 USC
			7651c. These are:
(a) Wisconsin Power and Light - Edgewater
			generating station unit 4.
(b)
			Dairyland Power Cooperative - Genoa generating station unit 3.
(c) Wisconsin Power and Light - Nelson Dewey
			generating station units 1 and 2.
(d) Wisconsin Electric Power Company - North
			Oak Creek generating station units 1, 2, 3 and 4 and South Oak Creek generating
			station units 5, 6, 7 and 8.
(e)
			Wisconsin Public Service Corporation - Pulliam generating station unit
			8.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 400 - Air Pollution Control Definitions › Section NR 400.03 - Units and abbreviations

Current through June 24, 2024
Abbreviations and symbols of units of measure used in chs.
				  NR
				  400 to
				  499 are defined as follows:
(1) System international (SI) units of
				measure:
(a) "A" - ampere
(am) "g" - gram
(b) "Hz" - hertz
(bm) "J" - joule
(c) "K" - degree Kelvin
(cm) "kg" - kilogram
(d) "kPa" - kilo pascal (1.0 kPa = 0.15
				psia)
(dm) "m" - meter
(e) "m 
				2" - square meter
(em) "m 
				3" - cubic meter
(f) "mg" - milligram-10 
				-3 gram
(fm) "Mg" - megagram-10 
				6 gram
(g) "mm" - millimeter-10 
				-3 meter
(gm) "mol" - mole
(h) "MW" - megawatt
(hm) "MWe" - megawatt electrical
(i) "N" - newton
(im) "ng" - nanogram-10 
				-9 gram
(j) "nm" - nanometer-10 
				-9 meter
(jm) "Pa" - pascal
(k) "s" - second
(km) "V" - volt
(L) "W" - watt
(Lm) "µg" - microgram-10 
				-6 gram
(m) "W" - ohm
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 401 - Nonattainment areas › Section NR 401.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all air contaminant sources and to their owners and operators.
(2) PURPOSE. This chapter is adopted under
			ss.
			285.11,
			285.13
			and
			285.23,
			Stats., to establish procedures and criteria to identify a nonattainment area
			and to reclassify a nonattainment area as an attainment area.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 401 - Nonattainment areas › Section NR 401.025 - Nonattainment areas; sources affected

Current through June 24, 2024
(1) NONATTAINMENT
			AREAS. The department may, from time to time, issue documents defining, listing
			or describing any area of the state where it has determined that any ambient
			air quality standard for any air contaminant is not being met.
(2) SOURCES AFFECTED. Upon issuing documents
			under sub. (1), the department shall also issue documents identifying, listing
			or describing air contaminant sources located in or near nonattainment areas,
			the location or impact of whose emissions require such sources to comply with
			RACT emission limitations specified in chs. NR 415 to
			418.
(3) RECLASSIFICATION AS ATTAINMENT. The
			department may issue a document to reclassify a nonattainment area to an
			attainment area when it has determined that the ambient air quality standard is
			being met in the area for the air contaminant which caused a document to be
			issued under sub. (1) identifying the area as nonattainment.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 401 - Nonattainment areas › Section NR 401.03 - Methodology

Current through June 24, 2024
The impact of a source's emissions on a nonattainment area
			  shall be determined by the department, using methods including but not limited
			  to ambient air monitoring and meteorological data, and diffusion
			  modeling.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 401 - Nonattainment areas › Section NR 401.04 - Compliance required

Current through June 24, 2024
The failure to identify, in a document issued under s.
			  NR
			  401.025(2), a specific source in or
			  near a nonattainment area which is otherwise subject to RACT emission
			  limitations does not relieve the source from compliance.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 401 - Nonattainment areas › Section NR 401.05 - Issuance and revision of documents

Current through June 24, 2024
The department may issue or revise a document under s.
			  NR
			  401.025(1), (2) or (3) only after 30
			  days notice and public hearing in the area affected. The hearings will not be
			  contested cases under s.
			  227.01(3),
			  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 403 - Local air pollution control programs › Section NR 403.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			any unit of local government authorized to establish and administer an air
			pollution control program.
(2)
			PURPOSE. This chapter is adopted under ss.
			285.11,
			285.13,
			285.73
			and
			285.75, Stats., to
			establish the criteria for departmental approval of a local air pollution
			control program and to authorize local governmental units to adopt ordinances,
			regulations or resolutions which are more stringent or restrictive than the
			provisions of chs.
			NR
			400 to
			499.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 403 - Local air pollution control programs › Section NR 403.03 - County and regional programs

Current through June 24, 2024
Approved local programs must be compatible with chs.
			  NR
			  400 to
			  499 and the implementation plan,
			  avoid duplication, and provide:
(1)
			Sufficient staff and resources to carry out the program.
(2) An air pollution control officer
			responsible for the program.
(3)
			Record keeping and reporting to the department of emission inventory, air
			quality monitoring, enforcement status, and other data on a standardized basis
			and in the form prescribed by the department.
(4) An agreement defining the
			responsibilities of the department and local agency to achieve an effective
			program.
(5) Countywide or
			regionwide enforcement of regulations involving:
(a) Open, backyard, and leaf
			burning.
(b) Ringelmann and opacity
			standards on stationary, semistationary, and mobile sources.
(c) Incinerators rated at or less than 50
			pounds per hour of solid wastes (dry basis) or liquid wastes.
(d) Fugitive dust, odors and other pollutants
			from sources exempt under ch. NR 406.
(e) Fugitive dust, odors and other pollutants
			from sources not exempt under ch. NR 406, where authorized by the
			department.
(f) Zoning restrictions
			where air pollution considerations are involved.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 403 - Local air pollution control programs › Section NR 403.04 - Limitations on county, regional or local regulations

Current through June 24, 2024
Nothing in chs.
			  NR
			  400 to
			  499 shall be construed to limit
			  the provisions of any county, regional, or local ordinance, regulation, or
			  resolution which is more stringent or restrictive.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. The air standards of this
			chapter apply to the entire state without exception. The ambient air increments
			of this chapter apply to all attainment areas of the state.
(2) PURPOSE. This chapter is adopted under
			ss.
			285.11,
			285.13
			and
			285.21,
			Stats., to establish geographic air regions, air standards and ambient air
			increments, to specify the methods to be used to measure air quality and to
			interpret air quality data and to establish guidelines for the application of
			air standards.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(3) "Equivalent
			method" means a monitoring method which has been designated as an equivalent
			method by the department and which has been published in a list by the
			department under s.
			NR 404.06(4)
			(a).
(4) "Monitoring method" means a method for
			sampling and analyzing or for continuously monitoring a discrete parcel of
			ambient air for an air contaminant. Monitoring methods include reference
			methods and equivalent methods.
(5)
			"Primary air standard" means the level of air quality which provides protection
			for public health with an adequate margin of safety.
(6) "Quality assurance system" means the
			system of activities which provides evidence that the quality control systems
			are performing adequately.
(7)
			"Quality control system" means the system of activities which are used to
			control the quality of ambient monitoring or air emissions data, including all
			activities involved in the collection, processing and analysis of such
			data.
(8) "Reference method" means
			a method of sampling and analyzing the ambient air for an air pollutant that is
			specified as a reference method in 40 CFR part 50, Appendices A to N,
			incorporated by reference in s.
			NR
			484.04(2), a method that has been
			designated as a reference method in accordance with 40 CFR part 53, or a method
			that has been so designated by the department. It does not include a method for
			which a reference method designation has been canceled in accordance with
			40 CFR
			53.11 or
			53.16.
(9) "Secondary air standard" means the level
			of air quality which may be necessary to protect public welfare from unknown or
			anticipated adverse effects.
(10)
			"Suspended particulate matter" means any solid or liquid particle dispersed and
			suspended in air which is capable of being trapped on the filter of a high
			volume air particulate sampler.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.03 - Air quality control regions

Current through June 24, 2024
The following air quality control regions, which include
			  counties in Wisconsin, have been designated:
(1) INTERSTATE AIR QUALITY CONTROL REGIONS.
(a) The Duluth (Minnesota) - Superior
			(Wisconsin) Interstate Air Quality Control Region includes the counties of
			Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor, and
			Washburn in Wisconsin, and the counties of Aitkin, Carlton, Cook, Itasca,
			Koochicing, Lake, and St. Louis in Minnesota.
(b) The Southeast Minnesota - La Crosse
			(Wisconsin) Interstate Air Quality Control Region includes the counties of
			Barron, Buffalo, Chippewa, Clark, Crawford, Dunn, Eau Claire, Jackson, La
			Crosse, Monroe, Pepin, Pierce, Polk, St. Croix, Trempealeau, and Vernon in
			Wisconsin, and the counties of Blue Earth, Brown, Dodge, Faribault, Fillmore,
			Freeborn, Goodhue, Houston, LeSueur, Martin, Mower, Nicollet, Olmsted, Rice,
			Sibley, Steele, Wabasha, Waseca, Watonwan, and Winona in Minnesota.
(c) The Metropolitan Dubuque Interstate Air
			Quality Control Region includes Grant county in Wisconsin and Clayton, Dubuque,
			and Jackson counties in Iowa.
(d)
			The Rockford (Illinois) - Janesville-Beloit (Wisconsin) Interstate Air Quality
			Control Region includes Rock county in Wisconsin, and Boone, DeKalb, Ogle,
			Stephenson, and Winnebago counties in Illinois.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.04 - Ambient air quality standards

Current through June 24, 2024
(1) APPLICABILITY
			OF AIR STANDARDS. The air standards apply to the entire state without
			exception.
(2) SULFUR OXIDES.
(a)
Primary standard.
The
			primary standard for sulfur oxides, measured as sulfur dioxide, is 0.075 ppm -
			maximum 1-hour concentration. The 1-hour primary standard is met at an ambient
			air quality monitoring site when the 3-year average of the annual (99 th
			percentile) of the daily maximum 1-hour average concentrations is less than or
			equal to 0.075 ppm, as determined by the methodology of 40 CFR part 50 ,
			Appendix T, incorporated by reference in s.
			NR
			484.04(7m).
(b)
Secondary standard.
The
			secondary standard for sulfur oxides, measured as sulfur dioxide, is: 0.5 ppm -
			maximum 3-hour average concentration, not to be exceeded more than once per
			year.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.05 - Ambient air increments

Current through June 24, 2024
(1) SCOPE. The ambient air increments apply
			to all attainment areas of the state.
(2) CLASS I INCREMENTS. In any area of this
			state classified under the Act as a class I area, the ambient air increments
			for PM 10, PM 2.5, sulfur dioxide, and nitrogen dioxide may not exceed the
			following amounts:
(a)
PM10.
1. Annual arithmetic mean 4 micrograms per
			cubic meter
2. Twenty-four hour
			maximum 8 micrograms per cubic meter
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.06 - Measurement of ambient air quality

Current through June 24, 2024
(1) APPLICABILITY.
(a) The department and any person conducting
			ambient air quality monitoring on its behalf shall use only reference or
			equivalent methods as specified in sub. (2) or (3) for all ambient air quality
			monitoring for any air contaminant identified in s.
			NR
			404.04. The ambient monitoring shall conform with the
			department's guidebooks, plans and procedures for air monitoring quality
			assurance.
(b) Any person required
			by the department to conduct ambient air quality monitoring shall use only
			reference or equivalent methods for sampling and analysis as specified in sub.
			(2) or (3) and shall comply with quality assurance and quality control
			procedures and the data reporting format which are specified and approved by
			the department for the collection, analysis, processing and reporting of
			ambient air quality monitoring data.
(c) Any person who voluntarily conducts
			ambient air quality monitoring in Wisconsin may request the department to
			determine that the data being collected are comparable to the air quality data
			collected under par. (a) or (b). The department may determine that the data are
			comparable if the voluntary ambient air quality monitoring and the data meet
			the requirements specified in par. (b). (d) The department may determine that
			air quality data submitted to the department for purposes of demonstrating
			compliance with existing regulations under chs.
			NR
			400 to
			499 or in support of a permit or
			permit application are unacceptable if such monitoring was not conducted in
			compliance with pars. (a) to (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.07 - Interpretation of air quality data with respect to air standards

Current through June 24, 2024
The department shall, for implementation purposes, take into
			  account levels and variations in natural background levels of contaminants, the
			  quality of air entering a region, abnormal local short-term activities and the
			  numbers and types of persons and property affected.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 404 - Ambient Air Quality › Section NR 404.08 - Guidelines for application of air standards

Current through June 24, 2024
(1) LIMITATIONS ON
			LOCAL PROGRAMS. No local programs may grant variances or construction or
			operation permits in conflict with the implementation plan for that
			region.
(2) MORE RESTRICTIVE
			LIMITS. Any person may be required to reduce emissions below limits established
			in an implementation plan or by air pollution control rules where emissions
			cause or substantially contribute to exceeding an air standard in a localized
			area. In this case, appropriate special orders, which are not general in
			application, may be issued.
(3)
			FUELS AND RAW MATERIALS. The department may prescribe characteristics of fuels
			and raw materials for existing and planned facilities in order to assure
			attainment or maintenance of an air standard, to prevent the degradation of air
			quality or to prevent air pollution.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. The provisions of this
			chapter apply to the construction of any new major stationary source or any
			project at an existing major stationary source located in an area designated as
			attainment or unclassifiable.
(2)
			PURPOSE. The purpose of this chapter is to establish, pursuant to s.
			285.60,
			Stats., the requirements and procedures for reviewing and issuing air pollution
			control construction permits to any new major stationary source and any project
			at an existing major stationary source located in an area designated as
			attainment or unclassifiable.
Throughout the proposed rule, changes have been made which
				result in the provisions of this PSD rule differing from
				40 CFR
				51.166, the federal regulation on which it is
				based. In this rule, the term "air contaminant" is substituted for the term
				"pollutant" in the federal regulation and "department" for "the State", "the
				Governor" and "reviewing authority". The federal definition for "building,
				structure, facility or installation" is applied to the phrase "facility,
				building, structure, equipment, vehicle or action" - a similar term which
				appears in Wisconsin's statutory provisions on air pollution. In addition,
				cross references in the federal regulation have been changed in the rule to
				comparable provisions in Wisconsin's rule (e.g., " 40 CFR Parts 60 and 61 " has
				been changed to "chs.
				NR 440 and
				447 to
				449 and subch. IV of ch. NR 446").
				Eliminated from the rule are provisions of the federal regulations which do not
				apply to the state's PSD program (i.e., provisions governing EPA approval of
				plan revisions).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(1)"Actual
			emissions" means the actual rate of emissions of a regulated NSR air
			contaminant from an emissions unit, as determined in accordance with pars. (a)
			to (c), except that this definition does not apply for calculating whether a
			significant emissions increase has occurred, or for establishing a PAL under s.
			NR
			405.18. Instead, subs. (2m) and (25f) shall apply for
			those purposes.
(a) In general, actual
			emissions as of a particular date shall equal the average rate, in tons per
			year, at which the unit actually emitted the air contaminant during a
			consecutive 24-month period which precedes the particular date and which is
			representative of normal source operation. The department shall allow the use
			of a different time period upon a determination that it is more representative
			of normal source operation. Actual emissions shall be calculated using the
			unit's actual operating hours, production rates, and types of materials
			processed, stored, or combusted during the selected time period.
(b) The department may presume that
			source-specific allowable emissions for the unit are equivalent to the actual
			emissions of the unit.
(c) For any
			emissions unit that has not begun normal operations on the particular date,
			actual emissions shall equal the potential to emit of the unit on that
			date.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.025 - Methods for calculation of increases in actual emissions

Current through June 24, 2024
(1) For projects
			that only involve existing emissions units, any increase in actual emissions
			from a physical change or change in the method of operation at a stationary
			source shall equal the sum of the difference between the projected actual
			emissions and the baseline actual emissions for each existing emissions unit
			involved in the project.
(2) For
			projects that only involve construction of a new emissions unit or units, any
			increase in actual emissions from a physical change or change in the method of
			operation at a stationary source shall equal the sum of the differences between
			the potential to emit from each new emissions unit following completion of the
			project and the baseline actual emissions for each unit before the
			project.
(3) For projects that
			involve existing and new emissions units, any increase in actual emissions from
			a physical change or change in the method of operation at a stationary source
			shall equal the sum of the emissions increases for each emissions unit involved
			in the project, using the method specified in sub. (1) for existing emissions
			units and the method in sub. (2) for new emissions units.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.03 - Restrictions on area classifications

Current through June 24, 2024
(1) All of the
			following areas which were in existence on August 7, 1977, shall be Class I
			areas and may not be redesignated by the department:
(a) International parks.
(b) National wilderness areas which exceed
			5,000 acres in size.
(c) National
			memorial parks which exceed 5,000 acres in size.
(d) National parks which exceed 6,000 acres
			in size.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.04 - Exclusions from increment consumption

Current through June 24, 2024
(1) All of the
			following concentrations shall be excluded in determining compliance with a
			maximum allowable increase:
(a)
			Concentrations attributable to the increase in emissions from stationary
			sources which have converted from the use of petroleum products, natural gas,
			or both by reason of an order in effect under sections 2 (a) and (b) of the
			Energy Supply and Environmental Coordination Act of 1974 (
			15 USC
			791 to
			798 ) over the
			emissions from such sources before the effective date of such an
			order.
(b) Concentrations
			attributable to the increase in emissions from sources which have converted
			from using natural gas by reason of a natural gas curtailment plan in effect
			pursuant to the Federal Power Act (
			16 USC
			791 a to 828c ) over the emissions from such
			sources before the effective date of the plan.
(c) Concentrations of particulate matter
			attributable to the increase in emissions from construction or other temporary
			emission-related activities of new or modified sources.
(d) The increase in concentrations
			attributable to new sources outside the United States over the concentrations
			attributable to existing sources which are included in the baseline
			concentration.
(e) Concentrations
			attributable to the temporary increase in emissions of sulfur dioxide, nitrogen
			dioxide or particulate matter from stationary sources which are affected by
			plan revisions approved by the administrator as meeting the criteria specified
			in sub. (4).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.05 - Redesignation

Current through June 24, 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 405 - Prevention Of Significant Deterioration › Section NR 405.06 - Stack heights

Current through June 24, 2024
The degree of emission limitation required for control of any
			  air contaminant under chs.
			  NR
			  400 to
			  499 may not be affected in any
			  manner by:
(1) So much of a stack
			height, not in existence before December 31, 1970, as exceeds good engineering
			practice, or
(2) Any other
			dispersion technique not implemented before then.