reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.05 - Registration

Current through June 24, 2024
The following procedure shall be used by covered fleet
				  operators for registering in the clean fuel fleet program under this
				  chapter:
(1) REGISTRATION FORMS. Fleet
				operators operating in the covered area shall register with the department
				within 60 days of receipt of registration forms from the department. Fleet
				operators not receiving registration forms shall register with the department
				within 60 days after publication of the registration requirements in newspapers
				having a general circulation in the covered area counties. Registration shall
				be done on department registration forms or in a department approved electronic
				format. The information required for registration shall include all of the
				following:
(a) The name and address of the
				fleet operator.
(b) The names,
				addresses, telephone numbers and, if applicable, facsimile numbers of the
				persons designated to be responsible for the fleet.
(c) The address of each location at which 10
				or more nonexempt vehicles are based; the number of covered fleet vehicles at
				each location that operate in the covered area; and the number of clean fuel
				fleet vehicles at each location that operate in the covered area.
(d) The number of fleet vehicles that operate
				in the covered area by make, model year, weight type, emission certification
				standard and fuel; for each fleet vehicle, the VIN, exempt status and any other
				information as specified in the registration form.
(e) The number of covered dual fuel or hybrid
				vehicles in the covered fleet, the VIN and annual total mileage of each vehicle
				in each fuel type, the annual number of miles each vehicle operates in the
				covered area in each fuel type and the annual fuel usage of each vehicle by
				fuel type.
(f) Any other
				information which may be necessary for implementation of the requirements of
				this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.06 - Clean fuel fleet annual compliance plan

Current through June 24, 2024
(1) ANNUAL
				COMPLIANCE PLAN SUBMITTAL.
(a) The covered
				fleet operator shall complete and submit an annual compliance plan to the
				department according to the schedule in s.
				NR
				487.07 and using forms provided by the department to
				demonstrate how the operator is complying with the requirements of this
				chapter.
(b) Covered fleet
				operators with separate fleet locations within the covered area may combine
				their annual compliance plan submittals for their separate locations.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.07 - Annual compliance plan submittal deadline

Current through June 24, 2024
(1) FLEET OPERATORS
				COVERED ON OR BEFORE SEPTEMBER 1, 1998. Except as provided in sub. (2), a fleet
				operator that is a covered fleet operator on or before September 1, 1998 shall
				submit an initial compliance plan to the department no later than September 1,
				1998 or within 120 days of formal notification by the department that
				compliance plans are due, whichever comes later. Subsequent annual compliance
				plans shall be submitted by September 1, of each year.
(2) FLEET OPERATORS COVERED AFTER SEPTEMBER
				1, 1998. Fleet operators who become covered fleet operators after September 1,
				1998 shall submit their initial annual compliance plan to the department within
				180 days of becoming covered fleet operators. Subsequent annual compliance
				plans shall be submitted by September 1, of each year.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.08 - Annual compliance plan review, approval and disapproval process

Current through June 24, 2024
(1)
				ANNUAL COMPLIANCE PLAN REVIEW. The department shall review each compliance plan
				submitted under s.
				NR
				487.06. The department shall notify the covered fleet
				operator within 120 days of the submittal of the department's decision to
				approve the plan as submitted, or to conditionally approve the plan or to
				disapprove the plan.
(2) CRITERIA
				FOR ANNUAL COMPLIANCE PLAN APPROVAL. The department's criteria for granting
				approval or conditional approval of the covered fleet operator's annual
				compliance plan shall include all of the following:
(a) The annual compliance plan is submitted
				on forms prescribed by the department.
(b) The information on the forms is complete
				and legible.
(c) The information
				and data on the forms are accurate.
(d) The annual compliance plan includes
				sufficient and appropriate information to ensure that the covered fleet
				operator's new vehicle acquisitions include the number of clean fuel fleet
				vehicles needed to comply with the requirements under s.
				NR
				487.03.
(e) The plan contains any other information
				necessary to demonstrate compliance with the requirements of this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.09 - Clean fuel fleet acquisition credit program

Current through June 24, 2024
(1) ELIGIBILITY.
				Each covered fleet operator shall be eligible to generate, hold and trade
				acquisition credits which represent compliance beyond the program minimum.
				Acquisition credits shall be generated if the minimum compliance requirements
				of this chapter are exceeded in any of the following ways:
(a) The covered fleet operator acquires more
				clean fuel fleet vehicles than required in any one year.
(b) The covered fleet operator acquires
				vehicles which meet stricter emission standards than those required.
(c) The covered fleet operator acquires clean
				fuel fleet vehicles in exempt categories which are part of a covered
				fleet.
(d) The covered fleet
				operator acquires clean fuel fleet vehicles in the period after November 15,
				1990 but before the beginning of the 1999 MY.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.10 - Transportation control measure exemptions for clean fuel fleet vehicles

Current through June 24, 2024
(1) ELIGIBILITY.
(a) All clean fuel fleet vehicles registered
				under s.
				NR
				487.05 shall be equally exempt from time-of-day,
				day-of-week and other similar temporal-based transportation control measures
				(TCMs), established wholly or partially for air quality reasons in the covered
				area.
(b) Exempt vehicles in
				partially covered fleets that are generating acquisition credits for covered
				fleet vehicles as specified in s.
				NR
				487.09(1) (c) shall be exempt from
				temporal-based TCMs.
(c) Following
				EPA approval of this chapter as part of Wisconsin's ozone SIP, but before the
				beginning of the 1999 MY, covered clean fuel fleet vehicles shall be exempt
				from temporal-based TCMs.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.11 - Labeling of clean fuel fleet vehicles

Current through June 24, 2024
Covered fleet operators shall label the clean fuel fleet
				  vehicles except ILEVs using a label design developed by the department,
				  identifying each vehicle by its type of emission standard certification, LEV,
				  ULEV or ZEV, and fuel type. Any subsequent federal rule established for
				  consistent labeling of alternative fuel vehicles will be incorporated into the
				  department's labeling requirements. ILEV label design shall be consistent with
				  the requirements specified in EPA's clean fuel fleet regulations in
				  40 CFR
				  88.312-93.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.12 - Requirement for fuel providers

Current through June 24, 2024
Where technically and economically feasible, fuel providers
				  shall make clean alternative fuel available to covered fleet operators at
				  locations at which covered fleet vehicles are centrally
				  fueled.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 487 - Clean fuel fleet program › Section NR 487.13 - Recordkeeping and monitoring

Current through June 24, 2024
Covered fleet operators shall retain copies of their
				  compliance plan forms for a period of not less than 3 years. Covered fleet
				  operators shall also maintain records of information relevant to the
				  development and implementation of the approved compliance plans. The department
				  may inspect, verify and audit covered fleet operators' compliance plan records
				  and monitor activities related to the compliance records.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				any person who salvages or dismantles mechanical vapor compression
				refrigeration equipment, any person who transports such equipment for salvaging
				or dismantling, any individual who uses or supervises the use of equipment to
				transfer regulated refrigerants from salvaged or dismantled mechanical vapor
				compression refrigeration equipment into storage tanks, any person who conducts
				a program to train operators of refrigerant recovery equipment and any person
				who conveys mechanical vapor compression refrigeration equipment to a scrap
				metal processor for metal recovery.
(2) PURPOSE. The purpose of this chapter is
				to establish, pursuant to s.
				285.59,
				Stats., requirements for the recovery of regulated refrigerants from salvaged
				or dismantled mechanical vapor compression refrigeration equipment.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.02 - 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) "Approved
				refrigerant recovery equipment" means any equipment approved under s.
				NR
				488.07 for refrigerant recovery.
(2) "Ozone-depleting refrigerant" has the
				meaning given in s.
				100.45(1)
				(d), Stats.
Note: "Ozone-depleting refrigerant" is defined in the
				  referenced statute as "a substance used in refrigeration that is or contains a
				  class I substance, as defined in
				  42
				  USC 7671(3) or a class II
				  substance, as defined in
				  42
				  USC 7671(4)." Examples of
				  ozone-depleting refrigerants include, but are not limited to,
				  chlorofluorocarbons such as R-11, R-12, R-113, R-114, R-115, R-500 and R-502
				  and hydrochlorofluorocarbons such as R-22.
(3) "Refrigerant recovery" means the transfer
				of regulated refrigerant from refrigeration equipment to an external
				container.
(4) "Refrigeration
				equipment" means any mechanical vapor compression device designed to contain
				and utilize a regulated refrigerant including, but not limited to, motor
				vehicle air conditioners, industrial and commercial cooling and ice-making
				equipment, large building cooling systems and home appliances such as
				refrigerators, freezers, room and central air conditioners, and
				dehumidifiers.
(4m) "Regulated
				refrigerant" means a substance used in refrigeration equipment to transfer heat
				and which is an ozone-depleting refrigerant or any substance used as a
				substitute for an ozone-depleting refrigerant which is a hydrofluorocarbon
				(HFC), a perfluorocarbon (PFC) or a blend of any of these substances.
Note: Hydrofluorocarbon refrigerants include, but are not
				  limited to HFC-125 and HFC-134a; and perfluorocarbon refrigerants include, but
				  are not limited to perfluoromethane and perfluoropropane.
(5) "Salvage or dismantle" means to prepare
				entire units of refrigeration equipment, which have been removed permanently
				from service, for disposal. Treatment of portions of refrigeration equipment
				for the purpose of service or repair is not considered salvaging or
				dismantling.
(6) "Scrap metal
				processor" has the meaning given in s.
				84.31(2)
				(h), Stats.
"Scrap metal processor" is defined in the referenced
					 statute as "a fixed location at which machinery and equipment are utilized for
					 the processing and manufacturing of iron, steel or nonferrous metallic scrap
					 into prepared grades and whose principal product is scrap iron, scrap steel or
					 nonferrous metal scrap for sale for remelting purposes."
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.03 - Prohibitions

Current through June 24, 2024
(1) During the salvaging, dismantling or
				transporting of refrigeration equipment, no person may knowingly or negligently
				release regulated refrigerant to the environment, except for minimal releases
				that occur as a result of efforts to transfer regulated refrigerant into
				storage tanks.
(2) No person may
				knowingly or negligently release from a storage tank to the environment
				regulated refrigerant that was removed during the salvaging, dismantling or
				transporting of refrigeration equipment, except for minimal releases that occur
				as a result of efforts to transfer regulated refrigerant into refrigeration
				equipment or other storage tanks.
(3) No person may salvage or dismantle any
				refrigeration equipment unless all the following conditions are met:
(a) That person holds and prominently
				displays an annual registration obtained from the department under s.
				NR
				488.04.
(b) That person uses refrigerant recovery
				equipment approved by the department under s.
				NR
				488.07 to transfer remaining regulated refrigerant
				from each piece of refrigeration equipment into storage tanks.
Note: Tanks used to transport or store recovered refrigerant
				  should meet the appropriate federal department of transportation requirements
				  as specified in 49 CFR parts 173, 178 and 179.
(c) Individuals who use the approved
				refrigerant recovery equipment have, or are working under the direct
				supervision of individuals who have, the qualifications required under s.
				NR
				488.08.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.04 - Registration; issuance; expiration

Current through June 24, 2024
(1) REGISTRATION.
				In order to obtain an annual registration to salvage or dismantle refrigeration
				equipment, as required under s.
				NR
				488.03(3) (a), a person shall submit
				an application on forms supplied by the department along with the fee required
				under s.
				NR
				488.11, and certify both of the following to the
				department:
(a) That remaining regulated
				refrigerants will be transferred from each piece of refrigeration equipment
				into storage tanks using approved refrigerant recovery equipment and procedures
				which will minimize the release of regulated refrigerants to the
				environment.
(b) That individuals
				who use the approved refrigerant recovery equipment have, or are working under
				the direct supervision of individuals who have, the qualifications required
				under s.
				NR
				488.08.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.05 - Conveyance to scrap metal processors; exemption

Current through June 24, 2024
(1) CONVEYANCE TO A
				SCRAP METAL PROCESSOR. Any person who sells, gives or transports refrigeration
				equipment to a scrap metal processor shall do all of the following:
(a) Transfer regulated refrigerant from the
				refrigeration equipment into a storage tank using approved refrigerant recovery
				equipment or obtain and possess documentation that another person performed the
				transfer.
(b) Provide documentation
				to the scrap metal processor that he or she has complied with par.
				(a).
Note: Sample forms for this documentation are available from
				  the Bureau of Air Management NR 488 Program.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.06 - Recordkeeping

Current through June 24, 2024
(1) SALVAGER OR DISMANTLER. Persons who
				salvage or dismantle refrigeration equipment shall keep records of their
				refrigerant recovery activities. These records shall be kept for 3 years, shall
				be made available to the department upon request and shall include:
(a) A training certificate for each
				individual certified to operate approved refrigerant recovery equipment under
				s.
				NR
				488.08.
(b) The brand, model number and serial number
				of each piece of approved refrigerant recovery equipment used for refrigerant
				recovery.
(c) The type of
				equipment, the serial number or other identification number of each individual
				unit of refrigeration equipment salvaged or dismantled, and the date that the
				person either recovers the regulated refrigerant from that unit or determines
				that no regulated refrigerant remained in that unit. Examples of records
				suitable to identify individual units of refrigeration equipment include make,
				model and vehicle identification number (VIN) for vehicles with air
				conditioning, and numbering or marking which uniquely identifies each unit of
				refrigeration equipment salvaged or dismantled.
(d) Records regarding the repair and
				maintenance of approved refrigerant recovery equipment, including date and
				nature of each repair or maintenance action.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.07 - Approval of refrigerant recovery equipment

Current through June 24, 2024
(1) The department
				may approve refrigerant recovery equipment if all of the following conditions
				are met:
(a) A nationally recognized testing
				laboratory has approved the recovery equipment.
(b) The department determines that the
				laboratory's approval is based on adequate testing for safety and recovery
				efficiency.
(c) The refrigerant
				recovery equipment is capable of recovering at least 90% of refrigerant
				remaining in salvaged or dismantled refrigeration equipment.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.08 - Qualifications of individuals who use approved refrigerant recovery equipment

Current through June 24, 2024
To be qualified to use or supervise the use of approved
				  refrigerant recovery equipment, an individual shall successfully complete a
				  training program specifically designed to certify that individual to recover
				  refrigerant from the type of refrigeration equipment that individual will
				  salvage or dismantle. This training program shall be approved by the department
				  under s.
				  NR
				  488.09, or approved by the department of agriculture,
				  trade and consumer protection under ch. ATCP 136 or the department of safety
				  and professional services under ch. SPS 305.
Certification for individuals performing refrigerant
					 recovery from salvaged vehicle air conditioners can be provided by training
					 programs approved by the Wisconsin department of agriculture, trade and
					 consumer protection under s.
					 ATCP
					 136.08.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.09 - Approval of training programs

Current through June 24, 2024
(1) The department
				may approve a training program that certifies an individual to use or supervise
				the use of approved refrigerant recovery equipment if the training program
				provides all of the following:
(a) A
				presentation of the environmental concerns, including the destruction of
				stratospheric ozone and the global greenhouse effect, relating to the emission
				of regulated refrigerants.
(b) A
				presentation of applicable state and federal laws regulating the recovery and
				handling of regulated refrigerants.
(c) Instruction on general safety precautions
				to be followed during the recovery and handling of regulated
				refrigerants.
(d) Instruction for
				each person participating in the training program in the use of approved
				refrigerant recovery equipment. This instruction shall include an opportunity
				for each participant to operate or closely observe the operation of approved
				refrigerant recovery equipment.
Note: The recovery equipment should be of the type meant for
				  refrigerant recovery from the kinds of refrigeration equipment expected to be
				  salvaged or dismantled by training program participants.
(e) An evaluation of each individual
				participating in the course to verify successful completion.
(f) A certificate which identifies each
				individual who has successfully completed the program and each individual who
				was responsible for the presentation of the program.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.10 - Safe transport certification; exemptions

Current through June 24, 2024
(1) SAFE TRANSPORT
				CERTIFICATION. Any person who transports, for the purposes of salvaging or
				dismantling, refrigeration equipment that contains regulated refrigerant shall
				certify to the department that that person will not knowingly or negligently
				release regulated refrigerant to the environment, except for minimal releases
				that occur as a result of refrigerant recovery efforts. This certification
				shall be submitted annually, along with a description of the safe transport
				methods to be used, and the fees required under s.
				NR
				488.11. The department shall provide a receipt
				acknowledging the submission of this certification and fees.
Note: Forms for this certification and description are
				  available from the Bureau of Air Management NR 488 Program.
(2) EXEMPTIONS. The certification requirement
				in sub. (1) does not apply to:
(a) An
				individual who transports his or her personal refrigeration equipment.
Note: Individuals are prohibited from releasing regulated
				  refrigerants in s.
				  NR
				  488.03(1).
(b) Any person transporting a vehicle, for
				the purposes of salvaging or dismantling, in a manner which will not interfere
				with the refrigeration equipment of the vehicle, including transporting
				vehicles on their own wheels, by tow trucks or secured on a vehicle
				specifically designed to transport motor vehicles.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.11 - Fees

Current through June 24, 2024
(1) Any person applying for registration
				under s.
				NR
				488.04, approval of training programs under s.
				NR
				488.09 or certifying safe transport under s.
				NR
				488.10 shall pay the applicable fee or fees as
				follows:
(a) Persons applying for annual
				registration to salvage or dismantle refrigeration equipment under s.
				NR
				488.04 shall submit an on refundable fee of $250.00,
				except as provided under par. (b).
(b) Persons applying for annual registration
				to salvage or dismantle refrigeration equipment under s.
				NR
				488.04 and who are already registered for refrigerant
				recovery with the department of agriculture, trade and consumer protection
				under ch. ATCP 136 or the department of safety and professional services under
				ch. SPS 305 and who salvage or dismantle as a minor activity incidental to
				providing service to their customers shall submit a nonrefundable fee of
				$125.00.
(c) Persons requesting
				approval of a training program under s.
				NR
				488.09 shall submit an on refundable fee of
				$500.00.
(d) Persons certifying
				safe transport of refrigeration equipment for the purposes of salvaging or
				dismantling under s.
				NR
				488.10 shall submit both of the following:
1. An annual, nonrefundable fee of
				$75.00.
2. An annual, nonrefundable
				fee of $25.00 times the number of vehicles to be used during the next year for
				safe transport of refrigeration equipment for the purposes of salvaging or
				dismantling.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 488 - Refrigerant Recovery From Salvaged Or Dismantled Refrigeration Equipment › Section NR 488.12 - Penalties

Current through June 24, 2024
(1) Any person who salvages or dismantles
				refrigeration equipment in violation of s.
				NR
				488.03(3) shall forfeit not less than
				$100 nor more than $1000. Each act of salvaging or dismantling in violation of
				s.
				NR
				488.03(3) constitutes a separate
				violation.
(2) Any person who
				sells, gives or transports refrigeration equipment to a scrap metal processor
				in violation of s.
				NR
				488.05 shall forfeit not less than $100 nor more than
				$1000. Each unit sold, given or transported in violation of s.
				NR
				488.05 constitutes a separate violation.
(3) Any person who releases regulated
				refrigerant in violation of s.
				NR
				488.03(1) or (2) or who transports
				refrigeration equipment in violation of s.
				NR
				488.10(1) shall forfeit not less than
				$100 nor more than $1000. Each release in violation of s.
				NR
				488.03(1) or (2) or transport in
				violation of s.
				NR
				488.10(1) constitutes a separate
				violation.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.01 - Purpose

Current through June 24, 2024
(1) The purpose of this rule is to implement
				section 176 (c) of the clean air act (
				42 USC
				7406(c) ) and regulations
				under 40 CFR part 51 subpart W as in effect on July 1, 1998 with respect to the
				conformity of general federal actions to the applicable implementation plan.
				Under those authorities, no department, agency or instrumentality of the
				federal government may engage in, support in any way or provide financial
				assistance for, license or permit, or approve any activity which does not
				conform to an applicable implementation plan. This chapter sets forth policy,
				criteria and procedures for demonstrating and assuring conformity of such
				actions with the applicable implementation plan.
(2) Under section 176 (c) of the act (
				42 USC
				7506(c) ) and 40. CFR part
				51 subpart W, a federal agency must make a determination that a federal action
				conforms to the applicable implementation plan in accordance with the
				requirements of this chapter before the action is taken.
(3) Subsection (2) does not include federal
				actions where either:
(a) A national
				environmental policy act (NEPA) analysis was completed as evidenced by a final
				environmental assessment (EA), environmental impact statement (EIS), or finding
				of no significant impact (FONSI) that was prepared prior to January 31, 1994;
				or
(b)
1. Prior to January 31, 1994, an EA was
				commenced or a contract was awarded to develop the specific environmental
				analysis;
2. Sufficient
				environmental analysis was completed by March 15, 1994, so that the federal
				agency may determine that the federal action is in conformity with the specific
				requirements and the purposes of the applicable implementation plan pursuant to
				the agency's affirmative obligation under section 176 (c) of the act (
				42 USC
				7506(c) ); and
3. A written determination of conformity
				under section 176 (c) of the act (
				42 USC
				7506(c) ) has been made by
				the federal agency responsible for the federal action by March 15,
				1994.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
				  used in this chapter. In addition, terms used but not defined in ch. NR 400 or
				  this chapter shall have the meanings given them by the act and the
				  environmental protection agency's (EPA) regulations promulgated under the act
				  as of July 1, 1998, in that order of priority. The following definitions apply
				  to the terms used in this chapter:
(1)
				"Affected federal land manager" means the federal agency or the federal
				official charged with direct responsibility for management of an area
				designated as class I under section 162 of the act (
				42 USC
				7472 ) that is located within 100 km of the
				proposed federal action.
(2)
				"Applicable implementation plan" means the portion, or portions, of the state
				implementation plan, or most recent revision thereof, which has been approved
				under section 110 of the act (
				42
				USC 7410 ), a federal implementation plan
				promulgated under section 110 (c) of the act (
				42
				USC 7410(c) ), or a tribal
				implementation plan promulgated or approved pursuant to regulations promulgated
				under section 301 (d) of the act (
				42 USC
				7601(d) ) and which
				implements the relevant requirements of the act.
(3) "Areawide air quality modeling analysis"
				means an assessment on a scale that includes the entire nonattainment or
				maintenance area which uses an air quality dispersion model to determine the
				effects of emissions on air quality.
(4) "Cause or contribute to a new violation"
				means a federal action that:
(a) Causes a new
				violation of a national ambient air quality standard (NAAQS) at a location in a
				nonattainment or maintenance area which would otherwise not be in violation of
				the standard during the future period in question if the federal action were
				not taken; or
(b) Contributes, in
				conjunction with other reasonably foreseeable actions, to a new violation of a
				NAAQS at a location in a nonattainment or maintenance area in a manner that
				would increase the frequency or severity of the new violation.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.03 - Applicability

Current through June 24, 2024
(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.
(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).
(a) For purposes of this subsection, the
				following rates apply in nonattainment areas:
Tons/Year
Ozone (VOC or NOx)
Serious nonattainment areas
50
Severe nonattainment areas
25
Extreme nonattainment areas
10
Other ozone nonattainment areas outside an ozone
								transport region
100
Rural transport, marginal and moderate
								nonattainment areas inside an ozone transport region
VOC
50
NOx
100
Carbon monoxide
All nonattainment areas
100
SO2 or
								NO2
All nonattainment areas
100
PM10
Moderate nonattainment areas
100
Serious nonattainment areas
70
Pb
All nonattainment areas
25
(b)
				For purposes of this subsection, the following rates apply in maintenance
				areas:
Tons/Year
Ozone (NOx),
								SO2 or NO2
All maintenance areas
100
Ozone (VOC)
Maintenance areas inside an ozone
transport region
50
Maintenance areas outside an ozone
transport region
100
Carbon monoxide
All maintenance areas
100
PM10
All maintenance areas
100
Pb
All maintenance areas
25
Note: There are no counties located in an ozone transport
				  region in Wisconsin.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.04 - Conformity analysis

Current through June 24, 2024
Any federal department, agency, or instrumentality of the
				  federal government taking an action subject to 40 CFR part 51 subpart W, as in
				  effect on July 1, 1998, and this chapter shall make its own conformity
				  determination consistent with the requirements of this chapter. In making its
				  conformity determination, a federal agency shall consider comments from any
				  interested parties. Where multiple federal agencies have jurisdiction for
				  various aspects of a project, a federal agency may choose to adopt the analysis
				  of another federal agency, to the extent the proposed action and impacts
				  analyzed are the same as the project for which a conformity determination is
				  required, or develop its own analysis in order to make its conformity
				  determination.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.05 - Reporting requirements

Current through June 24, 2024
(1) A federal agency making a conformity
				determination under ss.
				NR
				489.08 and shall provide 489.085 to the appropriate
				EPA regional office, the department, local air quality agencies and, where
				applicable, affected federal land managers and the MPO a 30-day notice which
				describes the proposed action and the federal agency's draft conformity
				determination on the action.
(2) A
				federal agency shall notify the appropriate EPA regional office, the department
				and local air quality agencies and, where applicable, affected federal land
				managers and the MPO within 30 days after making a final conformity
				determination under ss.
				NR
				489.08 and
				489.085.
Federal agencies should send notifications of federal
					 actions proposed for Wisconsin projects to the Wisconsin Department of Natural
					 Resources, Bureau of Air Management, 101 South Webster Street, PO Box 7921,
					 Madison WI 53707-7921. The appropriate EPA office to notify for Wisconsin
					 projects is EPA-Region 5, 77 West Jackson Boulevard, Chicago IL 60604.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.06 - Public participation and consultation

Current through June 24, 2024
(1) Upon request by
				any person regarding a specific federal action, a federal agency shall make
				available for review its draft conformity determination under ss.
				NR
				489.08 and with supporting 489.085 materials which
				describe the analytical methods, assumptions and conclusions relied upon in
				making the applicability analysis and draft conformity determination.
(2) A federal agency shall make public its
				draft conformity determination under ss.
				NR
				489.08 and by placing 489.085 a notice by prominent
				advertisement in a daily newspaper of general circulation in the areas affected
				by the action and by providing 30 days for written public comment prior to
				taking any formal action on the draft determination. This comment period may be
				concurrent with any other public involvement, such as occurs in the NEPA
				process.
(3) A federal agency shall
				document its response to all the comments received on its draft conformity
				determination under ss.
				NR
				489.08 and
				489.085 and make the comments and
				responses available, upon request by any person regarding a specific federal
				action, within 30 days of the final conformity determination.
(4) A federal agency shall make public its
				final conformity determination under ss.
				NR
				489.08 and for a 489.085 federal action by placing a
				notice by prominent advertisement in a daily newspaper of general circulation
				in the areas affected by the action within 30 days of the final conformity
				determination.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.07 - Frequency of conformity determinations

Current through June 24, 2024
(1) The conformity
				status of a federal action automatically lapses 5 years after the date a final
				conformity determination is reported under s.
				NR 489.05,
				unless the federal action has been completed or a continuous program has been
				commenced to implement that federal action within a reasonable time.
(2) Ongoing federal activities at a given
				site showing continuous progress are not new actions and do not require
				periodic redeterminations so long as the emissions associated with such
				activities are within the scope of the final conformity determination reported
				under s.
				NR
				489.05.
(3) If, after the conformity determination is
				made, the federal action is changed so that there is an increase in the total
				of direct and indirect emissions above the levels in s.
				NR
				489.03(2), a new conformity
				determination is required.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.08 - Criteria for determining conformity of general federal actions

Current through June 24, 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);
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.085 - Additional requirements for determining conformity of general federal actions

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.09 - Procedures for conformity determinations of general federal actions

Current through June 24, 2024
(1) The analyses required under this chapter
				shall be based on the latest planning assumptions.
(a) All planning assumptions, including, but
				not limited to, per capita water and sewer use, vehicle miles traveled per
				capita or per household, trip generation per household, vehicle occupancy,
				household size, vehicle fleet mix, vehicle ownership, wood stoves per
				household, and the geographic distribution of population growth, shall be
				derived from the estimates of current and future population, employment, travel
				and congestion most recently developed by the MPO, or other agency authorized
				to make such estimates for the area. The conformity determination shall also be
				based on assumptions and estimates about current and future background
				concentrations that are included in the current applicable implementation plan
				and based on the latest assumptions and estimates about other federal
				actions.
(b) Any revisions to these
				estimates used as part of the conformity determination, including projected
				shifts in geographic location or level of population, employment, travel and
				congestion, shall be approved by the MPO or other agency authorized to make
				such estimates for the area.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.10 - Mitigation of air quality impacts

Current through June 24, 2024
(1) Any measures
				that are intended to mitigate air quality impacts shall be identified,
				including the identification and quantification of all emission reductions
				claimed, and the process for implementation, including any necessary funding of
				such measures and tracking of such emission reductions, and enforcement of such
				measures shall be described, including an implementation schedule containing
				explicit timelines for implementation.
(2) Prior to determining that a federal
				action is in conformity, the federal agency making the conformity determination
				shall obtain written commitments from the appropriate persons or agencies to
				implement any mitigation measures which are identified as conditions for making
				conformity determinations. Such written commitment shall describe such
				mitigation measures and the nature of the commitment, in a manner consistent
				with sub. (1).
(3) Persons or
				agencies voluntarily committing to mitigation measures to facilitate positive
				conformity determinations shall comply with the obligations of such
				commitments.
(4) In instances where
				the federal agency is licensing, permitting or otherwise approving the action
				of another governmental or private entity, approval by the federal agency shall
				be conditioned on the other entity meeting the mitigation measures set forth in
				the conformity determination, as provided in sub. (1).
(5) When necessary because of changed
				circumstances, mitigation measures may be modified so long as the new
				mitigation measures continue to support the conformity determination in
				accordance with ss.
				NR
				489.08 to
				489.09 and this section. Any proposed
				change in the mitigation measures is subject to the reporting requirements of
				s.
				NR 489.05
				and the public participation requirements of s.
				NR
				489.06.
(6) Written commitments to mitigation
				measures shall be obtained prior to a positive conformity determination and
				such commitments shall be fulfilled.
(7) After this implementation plan revision
				is approved by EPA, any agreements, including mitigation measures, necessary
				for a conformity determination shall be both state and federally enforceable.
				Enforceability through the applicable implementation plan shall apply to all
				persons who agree to mitigate direct and indirect emissions associated with a
				federal action for a conformity determination.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 489 - Conformity of general federal actions to state implementation plans › Section NR 489.11 - Savings provision

Current through June 24, 2024
The federal conformity regulations under 40 CFR part 51
				  subpart W and part 93 as in effect on July 1, 1998, in addition to any existing
				  applicable state requirements, establish the conformity criteria and procedures
				  necessary to meet the requirements of section 176 (c) of the act (
				  42 USC
				  7506(c) ) until such time as
				  this conformity implementation plan revision is approved by EPA. Following EPA
				  approval of this revision to the applicable implementation plan, or a portion
				  thereof, the approved state criteria and procedures govern conformity
				  determinations and the federal conformity regulations contained in 40 CFR part
				  93 apply only for the portion, if any, of the state's conformity provisions
				  that is not approved by EPA. In addition, any previously applicable
				  implementation plan requirements relating to conformity remain enforceable
				  until the state revises its applicable implementation plan to specifically
				  remove them and that revision is approved by EPA.