Wisconsin Administrative Code

NR 353.10 Maintenance of pre-existing wetland conservation projects. (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…

NR 353.11 Enforcement. (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. the chapter was last published. NR 353.11 WISCONSIN ADMINISTRATIVE CODE (2) Department employees may obta…

NR 37.01 Applicability. This chapter applies to timber harvested under timber sale contracts executed on or after October 31, 1989. Parties to contracts executed before October 31, 1989 are encouraged to amend the contract to incorporate the restrictions in this chapter. Timber h…

NR 37.02 Purpose. The purpose of this chapter is to establish management specifications for the harvesting of timber in the lower Wisconsin state riverway pursuant to s. 30.42 (1) (d), Stats., so that timber cutting or harvesting has minimal impact on the scenic beauty and natura…

NR 37.03 Definitions. (1) XBasal areaY means the crosssectional area 4„ feet above ground expressed in square feet per acre of all trees with a diameter of 5 inches and larger. (2) XBluff lineY means that point where there is a significant change in slope on the visual horizon wh…

NR 37.04 Timber management cutting and harvesting specifications. (1) PERMIT. (a) Permit issuance. No person may cut or harvest timber within the riverway without a permit issued by the riverway board. (b) Permit conditions. The riverway board shall place conditions in permits ne…

NR 37.05 Variance. (1) The riverway board may grant a variance allowing timber cutting not in strict conformance with the requirements and restrictions of this chapter when the activity will be visually inconspicuous and the activity will be compatible the chapter was last publis…

NR 40.01 Purpose. The purpose of this chapter is to identify, classify and control invasive species in Wisconsin as part of the department[s statewide program required by s. 23.22 (2) (a), Stats.

NR 40.02 Definitions. For purposes of this chapter: (1) XAlgaeY means a predominately photosynthetic eukaryotic organism ranging from unicellular to macroscopic forms, lacking true roots, stems, leaves, and embryos. (2) XAnimalY means all vertebrate and invertebrate species, incl…

NR 40.03 Classifications. (1) CLASSIFICATION CATEGORIES. For purposes of this chapter, invasive species are classified into the following categories: prohibited and restricted. Note: For informational and educational purposes, the department informally maintains and updates as ne…

NR 40.045 Emergency additions to prohibited category. (1) The department may temporarily identify an additional species as an invasive species and may classify it into the prohibited category of s. NR 40.04 (2) if the secretary determines that all of the following are met: (a) Th…

NR 40.06 Invasive species permits. A person may transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04 (2), or a restricted invasive species listed in s. NR 40.05 (2), if the person has been issued a permit by the department under this secti…

NR 40.07 Preventive measures. (1) NOTIFICATION Any person who possesses a restricted invasive fish species in a safe facility shall notify the department within 24 hours of any escape of a specimen or viable part of a specimen, or of any failure of the integrity of the safe facil…

NR 40.08 Enforcement. Under s. 23.22 (9), Stats., if the department finds that any person is violating this chapter or a permit issued under this chapter, the department may do one or more of the following: (1) Issue a citation pursuant to ss. 23.50 to 23.99, Stats. (2) Refer the…

NR 40.09 Interagency coordination. This chapter does not affect the authority of DATCP under chs. 93, 94, 95 and 97, Stats. The action of the department under this chapter shall be coordinated with DATCP. The secretaries of the department and DATCP shall execute a memorandum of a…

NR 400.01 Applicability; purpose. (1) APPLICABILThis 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 …

NR 400.02 Definitions. Except when another definition is specifically made applicable, in chs. NR 401 to 499: (1) XAcid rain allowanceY or XallowanceY means an authorization by the administrator under the acid rain program to emit up to one ton of sulfur dioxide during or after a…

NR 400.03 Units and abbreviations. 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) XAY — ampere (am) XgY — gram (b) XHzY — hertz (bm) XJY — joule (c) XKY — degree Kelvin (cm) XkgY…

NR 401.01 Applicability; purpose. (1) APPLICABILThis 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 nonattainmen…

NR 401.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. History: Cr. Register, September, 1986, No. 369, eff. 10-1-86.

NR 401.025 Nonattainment areas; sources affected. (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 bei…

NR 401.03 Methodology. 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. History: Renum. from NR 154.03 (3), Register…

NR 401.04 Compliance required. 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. History: Renum. from NR 154…

NR 401.05 Issuance and revision of documents. 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. History: Renum. …

NR 403.01 Applicability; purpose. (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 establis…

NR 403.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. History: Cr. Register, September, 1986, No. 369, eff. 10-1-86.

NR 403.03 County and regional programs. 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 fo…

NR 403.04 Limitations on county, regional or local regulations. 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. History: Cr. Register, March, 19…

NR 404.01 Applicability; purpose. (1) APPLICABILThe 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 …

NR 404.02 Definitions. 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) XEquivalent methodY means a monitoring method which has been designated as an equivalent met…

NR 404.03 Air quality control regions. 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 include…

NR 404.05 Ambient air increments. (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 PM10, PM2.5, sulfur dioxide, and nitrog…

NR 404.06 Measurement of ambient air quality. (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…

NR 404.07 Interpretation of air quality data with respect to air standards. 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 act…

NR 404.08 Guidelines for application of air standards. (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 t…

NR 405.01 Applicability; purpose. (1) APPLICABILThe 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 purpos…

NR 405.02 Definitions. 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) XActual emissionsY means the actual rate of emissions of a regulated NSR air contaminant fro…

NR 405.025 Methods for calculation of increases in actual emissions. (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 differe…

NR 405.03 Restrictions on area classifications. (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.…

NR 405.04 Exclusions from increment consumption. (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 t…

NR 405.05 Redesignation. (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 redesignatio…

NR 405.06 Stack heights. 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: the chapter was last published. 9 DEPARTMENT OF NATURAL RESOURCES (1) So much of a stack height, not in existence …

NR 405.07 Review of major stationary sources and major modifications — source applicability and exemptions. (1) No major stationary source or major modification may begin actual construction unless the requirements of ss. NR 405.08 to 405.16 have been met. (2) The requirements of…

NR 405.08 Control technology review. (1) A major stationary source or major modification shall meet each applicable emissions limitation under chs. NR 400 to 499 and under sections 111 and 112 of the Act (42 USC 7411 and 7412). (2) A new major stationary source shall apply best a…

NR 405.09 Source impact analysis. The owner or operator of the proposed major source or major modification shall demonstrate that allowable emission increases from the proposed major source or major modification, in conjunction with all other applicable emissions increases or red…

NR 405.10 Air quality models. (1) All estimates of ambient concentrations required under this chapter shall be based on the applicable air quality models, data bases, and other re- the chapter was last published. NR 405.10 WISCONSIN ADMINISTRATIVE CODE quirements specified in the…

NR 405.11 Air quality analysis. (1) PREAPPLICATION (a) Any application for a permit under this chapter shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following air contaminants: 1. F…