ORDER OF THE STATE OF WISCONSIN
NATURAL RESOURCES BOARD
REPEALING,
RENUMBERING, RENUMBERING AND AMENDING,
AMENDING
,
AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to
repeal
NR 150.10 (1m) (b), and 150.20 (3) (a) 4. and 5.; to
renumber
NR 150.20 (2) (a) 5.
;
to
renumber and amend
NR 150.20 (2) (a) 18. and 19.; to
amend
150.03 (1), (11), (15) (intro.), (19), (25) and (26), 150.10 (1) and (1m) ( a), (c) (intro.) and (2) (a), 150.20 (1), (1m) (a), (b), (j), and (k), (2) (a) (intro.), 4., 7., 8., 10., 11., 12., 13., 14., 16., (3) (a) (intro.), 6., and 7., and (4) (b) (intro.), 150.30 (1) (g), (3) (c) 3., and (d), and 150.35; and to
create
NR 150.02 (Note), NR 150.03
(3m),
(16m), (17m) and (Note), and (23m), 150.20 (1m) (
ge
), (gm), (
gs
), (
jg
), (
jr
), (m),
(n), (nm), (o), (p), (
pe
), (pm), (
ps
), (q), (
qm
), (r), (s), (
sb
), (sf), (
sk
), (
sp
), (
ss
), (
sw
), (
sy
), (t), (u), (
ug
), (ur), (v), and (w),
(2) (a) 2r., 3c., 3g., 3n., 7e., 7m., 7s., 18m., 19m., 20., 21., 22., 23., and (3) (a) 9. and 10., and 150.30 (3) (d) (Note) relating to
the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act
.
OE-
21
-14
Analysis
Prepared by the Department of Natural Resources
1. Statute interpreted:
Section
1.11
, Stats.
2. Statutory authority:
Sections
1.11
and
227.11
, Stats.
3. Explanation of agency authority:
The department has general authority to promulgate rules
under s.
227.11 (2)(a)
, Stats., that interprets the specific statutory authority granted in s.
1.11
, Stats.
4. Related statute or rule:
Wisconsin Environmental Policy Act (WEPA) compliance is a
requirement for all state agencies and department programs. As a result, many statutes and codes are WEPA and ch.
NR 150
-related.
Statute chapters: 16, 23, 30, 33, 160, 196, 227, 285, 289, 291,
292
and 293.
Administrative Code chapters NR: 1, 2, 19, 44, 48, 52, 60, 103, 107, 108, 110,
113,
126, 128, 131, 132, 133, 134, 162, 166, 182, 191, 200, 243, 299, 300, 305, 310, 327, 345, 347, 406, 410, 489, 512, 670,
700-754,
820, and 852.
5. Plain language analysis:
Ch
apter
NR 150
was revised and went into effect April 1, 2014.
An emergency rule
was approved by the Natural Resources Board in August 2014
and is set to expire May 27, 2015.
A revised scope statement was approved by
the Governor on December 11,
2014 and approved by the Natural
R
es
o
urces Bo
a
rd on Febr
uary
25, 2015.
The purpose of the proposed permanent rule is
to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch.
NR 150
revision is being met and potential procedural questions do not invalidate the years of work and public engagement on new rules packages, and for additional housekeeping changes to ensure that the intent of the recent ch.
NR 150
rewrite is being met all in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts.
The proposed rule
c
larif
ies
that emergency rules are “minor actions
,”
requiring no additional environmental analysis, and that the process for developing permanent rules
is an
“equ
ivalent analysis action
.
”
The April 2014
revision
of the rule was not
perfectly
clear to this
point.
Procedures for WEPA compliance determinations
and
publication requirements have been clarified.
Th
is proposed
permanent rule
includes clarification changes regarding strategic analysis requirements. Consistent with the intent of
the current rule, the
rule clarifies that a strategic analysis is required for review of significant policies, but for other policies or issues the strategic analysis
may
be used as a discretionary tool.
The list of minor actions, not requiring additional environmental analysis, has been expanded to include actions that originally were intended to be outlined in program guidance.
The April 2014 version relied on reference to “routine and small-scale” permits or approvals as a catch-all category for minor actions that would be listed in guidance and reviewed by the public through the guidance review process.
The revision in th
is
proposed permanent rule
clarifies by rule
the
list of activities that are minor actions
.
The list of equivalent analysis actions, for which a detailed environmental analysis and public disclosure
are
already conducted as part of department programmatic procedure
s
, has been expanded and
amended
to provide additional clarity on actions covered under this subsection
.
The list of prior compliance actions, for which
one or more environmental analysis documents exist for similar
prior actions, has been expanded to provide additional clarity on actions covered under this subsection.
6. Summary of, and comparison with, existing or proposed federal
statutes and
regulation
s
:
The 1970 Wisconsin Environmental Policy Act (W
EPA) and s.
1.11
, St
ats., were modeled after the federal
National Environmental Policy Act (NEPA) of 1969. NEPA created the Council on Environmental
Quality (CEQ), which established guidelines and regulations to implement the Act. As with other state
agencies' WEPA rules, ch.
NR 150
and these clarifying provisions are based in part upon the federal CEQ guidelines. This proposed revision of ch.
NR 150
will remain substantially consistent with the CEQ guidelines as required under s.
1.11 (2)(c)
, Stats.
7. Comparison with
similar
rules in adjacent states
(Illinois, Iowa, Michigan and Minnesota)
:
Neighboring states have significant differences in their related laws, so the opportunity to gain from their experience is limited. For example, Minnesota requires th
at counties also follow WEPA-l
ike analysis procedures, whereas Wisconsin counties have no such requirements. Illinois' law covers only actions conducted by the state itself, whereas in Wisconsin, WEPA applies to all actions by other entities that are subject to state approvals.
8. Summary of factual data and analytical methodologies
used and how any related findings support the regulatory approach chosen
:
Department of Natural Resources
staff obtained the input of an internal team of staff from several
department programs, building on the prior review of relevant WEPA case law and federal CEQ regulations
.
9. Analysis and supporting documents used to determine
the
effect on small business or in preparation of
an
economic impact report:
Chapter
NR 150
is an administrative process rule
that applies internally to the department, so impacts to businesses are minimal.
1
0
. Effect on small business
(initial regulatory flexibility analysis)
:
There will be no impact to small business as a result of this rule revision. This
proposed permanent rule
will benefit small businesses to the extent that
they clarify
any ambiguity of the intent of the rule, as presented to the public and approved by the NRB.
11
. Agency contact person:
Jim Pardee
Phone:
(608) 266-0426
or (608) 316-0999
12
. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings
,
by regular mail, fax or email to:
Jim Pardee (OB/7)
Department of Natural Resources
Bureau of Energy, Transportation and Environmental Analysis
101 S Webster St, Madison, WI 53703
Hearing dates and
the comment
submission deadline are to be determined.
SECTION 1. NR 150.02
(
N
ote) is creat
ed
to read:
NR 150.02
(Note)
There are several statutory exemptions from s.
1.11
, Stats., including the following: s.
30
.025
, Stats.
(construction of certain high voltage transmission lines); ss.
160.23
and
160.25
, Stats.
(responses to groundwater standards
exceedances
); s.
283.93
, Stats.
(WPDES permit actions, except for WPDES pe
rmit actions for new sources);
s.
285.60(2g)(b)
and
(3)(b)
, Stats.
(air registration permits and general permits);
and
ss.
295.44
,
295.45
,
295.65
, and
295.645
, Stats.
(ferrous mining exploration licenses, bulk sampling approvals
, successor operators, and responses to groundwater standards
exceedances
).
T
he
d
epartment may have previously conducted environmental analyses
under s.
1.11
Stats.,
for actions that are exempt under s.
283.93
, Stats.,
even though the
d
epartment was not statutorily required to do so.
SECTION 2.
NR 150.03
(1)
, (11), and (15) (intro.)
are
amended to read:
NR 150.03
(1)
“
Action” means any final decision by the department to exercise the department’s statutory
or administrative rule
authority that affects the quality of the human environment
including those identified in s.
NR 150.20 (1m)
to
(4)
, but does not include policies as defined in sub. (19)
.
(11)
"Facility development
or removal
"
has the meaning in s.
NR 44.03 (7)
means the construction or removal of infrastructure, including dams, buildings, roads, and trails for resource management, public use, or other purposes
.
(15
)
(intro.)
“Minor action” means a department action that
does not need to comply with s.
1.11 (2) (c)
, Stats., because it
is not in conflict with
local,
state or federal environmental policies and is not likely to do any of the following:
SECTION
3
.
NR 150.03
(3m)
(16m)
and (17m) and (Note) are
created to read:
NR 150.03
(
3m)
"CAFO" or "concentrated animal feeding operation" has the meaning in s. NR 243 (03) 12.
(16m)
“
Natural resource management, timber management or environmental restoration” includes all actions associated with the management, economic production, protection and restoration of native and non-native fish, game, plants, trees, and timber, habitat protection, habitat management, habitat restoration, silvicultural practices, forest inventory, chemical and mechanical site preparation, timber harvesting, timber sales, timber transporting, tree planting, direct seeding, forest type conversions, invasive species control, timber stand improvement activities, forest nursery operations, prescribed burning, fire
prevention, fire detection, fire suppression
, rehabilitation of fire burned areas, environmental remediation, fish hatchery operations, state game farm operations, pesticide or herbicide applications and field surveys for environmental protection.
(17m)
“New source” has the meaning
given
in s.
283.01(8)
, Stats.
Note:
Section
283.01(8)
, Stats., defines “new source” to mean any point source the construction of which commenced after the effective date of applicable effluent limitations or standards of performance.
SECTION 4
.
NR 150.03
(19) is amended to read:
NR 150.03
(19)
"
Policy” means a written plan or set of guiding principles, priorities, or protocols to guide department action that has been
enacted as a statute, promulgated as an administrative rule,
issued as a department manual code, or approved in writing by the natural resources board or the department secretary
, but does not include actions as defined in sub. (1)
.
SECTION 5
.
NR 150.03
(23m) is created to read:
NR 150.03
(23m)
“Publicly announce
”
or
“
public announcement” means publication on the department’s internet web site, or other reasonable m
ethods to provide public notice
.
SECTION 6
.
NR 150.03
(25)
and (26) are
amended to read:
NR 150.03
(25)
“Strategic
analysis”
means
an
environmental
and
alternatives
analysi
s
o
f
an
y
an
issu
e
o
r
polic
y
whic
h
involve
s
unresolved
conflicts
concerning
alternative
uses of available resources, within
the
meaning
of
s.
1.
1
1
(2)
(e)
,
Stats
.
(26)
“Unresolved
conflicts
concerning
alternative
uses
of available
resources
”
mean
s
a
n
unsettle
d
disagreemen
t
between
experts, policymakers
of local, state, or tribal governments, or citizen interest
groups in Wisconsin
concerning
a
departmen
t
polic
y
a
f
fecting
the utilization of a substantial
natural
resources, between
experts, policymakers
of local, state, or tribal governments, or citizen interest
groups
in
W
isconsin
or physical resource where
the
utilization would be of sufficient magnitude that on a statewide or regional basis would have a
considerable and important
impact to the natural resources of the state
.
To be considered an unresolved conflict concerning alternative uses of available resources, the disagreeing parties must have identified a technically and economically feasible alternative use of the contested physical or natural resource, or both, and have the ability to reasonably implement that alternative
.
SECTION 7
.
NR 150.10
(1)
and (1m) (a) are
amended to read:
NR 150.10
(1)
GENERAL
REQUIRE
MEN
T
PURPOSE
.
Pursuan
t
t
o
Th
is
section establishes the procedures to fulfill the requirements of
s
.
1.
1
1
(2
)
(e)
and
(h)
,
Stats.
,
th
e
departmen
t
shal
l
stud
y
, develop,
and describe alternatives for natural resource issues or policies
which involve unresolved conflicts concerning alternative
uses
of
available
resources.
(1m)
(a)
Administrative rules
and
manual
codes
Policies
.
The
department
shall
conduct
a
strategic
analysis for
all
new
or
revised
administrative
rules
and manual codes
policies
if both
of
the
following
apply:
1.
Th
e
rul
e
o
r
manua
l
cod
e
policy
involve
s
unresolve
d
conflict
s
con
cerning
alternative
uses
of
available
resources.
2.
The department has substantial discretion in formulating important
provisions
of
the
rule
or
manual
code
policy
.
SECTION 8
.
NR 150.10
(1m)
(b)
is repealed.
SECTION 9
.
NR 150.10
(1m)
(c)
(intro.)
and (2) (a) are
amended to read:
NR
150.10
(1m)
(c)
Other
issues
or policies.
(intro.)
The
While not required under this section, the
department may
conduct a
use the
strategic
analysis
processes
in subs. (2) to (4)
for
any
of
the
following
issues or policies
:
(2)
(a)
Genera
l
r
equi
r
ement.
Th
e
departmen
t
shall
determine
the
scope
of
important
issues
to
be
analyzed
the analysis
,
potential alternative
approaches
,
potentiall
y
a
f
fecte
d
natura
l
resources
,
and
likely
e
f
fects
of
the
alternatives
on
those
resources. The
department shall
also
identify
incomplete
or
unavailable
information that
is
relevant
to
a
reasoned
choice
among
alternatives
.
SECTION 1
0
.
NR 150.20
(1)
and (1m) (a)
and
(b
)
are
amended to read:
NR 150.
20
(1)
PROCEDURES
ES
T
ABLISHED
PURPOSE
.
Thi
s
sectio
n
establishes
appropriate
procedures
fo
r
th
e
environmenta
l
analysi
s
tha
t
WE
P
A requires
for all department actions except those specifically exempted
by
statute. Notwithstanding
subs.
(1m)
to (3
)
,
the department
ma
y
determin
e
t
o
follo
w
th
e
EI
S
procedure
s
i
n
s
.
NR
150.30
for
any
action
the procedures to fulfill the requirements of s.
1.11(2)(c)
, Stats
.
(1m)
(a)
A real estate action, including property boundary establishment or modification, purchase, sale, easement, lease,
or
designation
,
redesignation
or dedication
.
(b)
Facility development
or removal
that follows protocols.
SECTION 1
1. NR 150.20 (1m) (
ge
),
(
gm),
and
(
gs
) are created to read:
NR 150.20
(1m)
(
ge
)
Educational activities.
(gm) Model ordinances developed to assist municipalities in the creation of ordinances.
(
gs
) Consultation offered to third parties.
SECTION 12
. NR 150.20 (1m) (j) is amended to read:
NR 150.20
(1m)
(j)
Reissuance
, modification, revocation and reissuance,
or issuance of
a
routine
or
small−scale
permit
approval or action
.
SECTION 13
. NR 150.20 (1m) (
jg
) and (
jr
) are created to read:
NR 150.20
(1m)
(
jg
) Routine variances from department rule requirements.
(
jr
) Denial, termination, revocation, or suspension of a grant, permit, license, approval, variance, land application site, or of any proposed activity.
SECTION 14
. NR 150.20 (1m) (k) is amended to read:
NR 150.20
(1m)
(k)
Issuance of a
A
routine or small−scale approval
or action,
or an
approval
or action
associated
with
a
permit.
SECTION 15
. NR 150.20
(1m)
(m), (n), (nm), (o), (p), (
pe
), (pm), (
ps
), (q), (
qm
), (r), (s), (
s
b
),
(sf), (
sk
), (
sp
), (
ss
), (
sw
),
(
s
y
), (t), (u), (
ug
), (ur), (v), and (w) are created to read:
NR 150.20
(1m)
(m
)
Promulgation of emergency administrative rules under ch.
227
, Stats.
(
n
)
Any enforcement action.
(
nm
)
Any emergency action that protects public health, safety
,
or welfare.
(
o
)
Issuance
of
a
minor source
construction
permit under ch.
NR 406
or
an
operation
permit
renewal or revision
under
ss.
285.6
0
,
an
d
285.6
2
,
Stats
.
, for air emission sources.
(
p
)
Issuance of licenses for servicing septage, and approvals of county programs to regulate the disposal of septage under s.
281.48
, Stats.
(
p
e
)
Issuance of operator certifications under s.
281.17 (3)
, Stats., and licenses or registrations for well drillers and pump installers.
(pm) Approvals of geothermal heat exchange projects.
(
ps
) Approvals of additives to wastewater or cooling water.
(
q
)
Issuance of general permits established by administrative code under ch.
30
, Stats.
(
q
m
)
Issuance of aquatic plant management permits under ch.
NR 109
.
(
r
) Listing and delisting of
an impaired
water as defined in s.
NR 151.002 (16m)
.
(s) Review and approval of municipal ordinances or approval of changes to municipal floodplain or shoreland-wetland maps.
(
sc
) Temporary drawdowns of dams under s.
31.02
, Stats.
(
s
g
) Reconstruction and repairs of dams under s.
31.13
, Stats.
(
s
l
) Transfer of dam ownership under s.
31.14
, Stats.
(
s
p
) Dam inspections under s.
31.19
, Stats.
(
s
t
)
Approvals of emergency action plans
,
inspection, operation and maintenance plans
,
dam failure analysis
,
or stability analysis plans under ch.
NR 333
.
(
sx
) Review and approval of hydrologic and hydraulic studies
for floodplain mapping
under s.
NR 116.07
.
(
t
)
Approval of construction plans and specifications under s.
281.41
, Stats., for municipal, industrial and industrial pretreatment wastewater facilities, public water systems
and CAFO reviewable structures.
(u
) Decisions related to evaluations of existing reviewable facilities and systems
for concentrated animal feeding operations
under ch.
NR 243
.
(
u
g
) Approvals of land application or nutrient management plans or modifications to the plans.
(
u
r
) Approvals of land application sites.
(
v
)
Issuance of
natural heritage inventory
permits, approvals
,
or licenses under
c
h.
NR
29
except for permits issued under s.
NR
29.604 (6m)
.
(
w
)
Issuance of an order or any action relating to the forest croplands or managed forest land programs under
subch
.
I
or
VI of ch.
NR
77
.
SECTION
16
. NR 150.20 (2) (a) (intro.) is amended to read:
NR 150.20
(2)
EQUIVALENT ANALYSIS ACTIONS (a) (intro.)
Th
e
followin
g
actions
require
a
WE
P
A
compliance
determination
under s.
NR 150.35
but
do not require additional environmental analysis under this chapter
becaus
e
a
detaile
d
environmenta
l
analysi
s
an
d
publi
c
dis
closure
are conducted as part of the
department
programmatic procedure:
SECTION
17
. NR 150.20
(2) (
a) 2r.,
3c., 3g., and 3n. are created to read:
NR 150.20
(2)
(a)
2r.
Cooperative state trail planning
.
3c. Development of total maximum daily loads as defined in s.
NR 151.002
(46m)
.
3g. Issuance, reissuance, revocation and reissuance, or modification of a WPDES permit that authorizes a new source discharge that is subject to
antidegradation
review under ch.
NR 207
.
3n. Approval of a variance from a water quality standard under ch.
283
, Stats.
SECTION
18
. NR 150.20 (2) (a) 4. is amended to read:
NR 150.20 (2) (a) 4.
Issuance
of
a
major source
construction
permit under ch.
NR 405
or
408
or
an initial
operation
permit
under
ss.
285.6
0
,
285.61
,
an
d
285.6
2
,
Stats.
,
fo
r
a
ne
w
sourc
e
o
r
modifica
tion
or
relocation
of
an
existing
air
emission
source
sources
.
SECTION 1
9
. NR 150.20 (2) (a) 5. is renumbered NR 150.20 (2) (a) 2g.
SECTION
20
. NR 150.20 (2) (a) 7. is amended to read:
NR 150.20
(2)
(a) 7.
A solid
or hazardous
waste feasibility approval or a commercial PCB waste storage or treatment facility feasibility approval under ss.
289.25
and
289.53
, Stats., and chs.
NR 157
,
182
,
and
512
, and
670
.
SECTION
21
. NR 150.20 (2) (a) 7e., 7m., and 7s. are created to read:
NR 150.20
(2)
(a)
7e. Funding decisions made pursuant to ch.
292
, Stats., and chs.
NR 700
to
754
.
7m.
Issuance of regulatory approvals, liability clarification letters, exemptions and technical assistance under ch.
292
, Stats., and chs.
NR 700
to
754
.
7s.
Except for facilities specified in s.
291.27
, Stats., the approval of a feasibility and plan of operation report and issuance of a license for either a new or existing hazardous waste treatment, storage, or disposal facility or class 3 modification of an existing hazardous waste treatment, storage, or disposal facility under ch.
NR 670
and s.
291.25
, Stats.
SECTION
22
. NR 150.20 (2) (a) 8., 10., 11., 12., 13., 14., and 16. are amended to read:
NR 150.20
(2)
(a)
8.
Issuance of an individual wetland permit
or general permit
under s.
281.36
(3m)
, Stats.
10.
Issuance of findings of public interest
under s.
30.11(5)
, Stats.,
for a proposed lease
for modification of an existing shoreline under s.
30.11
, Stats
of the bed of a lake or lease of rights to fill in a bed of a lake or a navigable stream
.
11.
Issuanc
e
o
f
a
n
individua
l
permi
t
, general permit, certification, or contract
fo
r
under subchapter II of ch.
30
, Stats., including
structure
s
o
n
th
e
beds
of
navigable waters or to construct culverts and bridges across navigable
waters
under
s
s.
30.12 (3m)
or
30.123 (8)
,
Stats
.
12.
Issuance of an individual permit
or general permit
under s.
30.19
, Stats., including
an individual permit
permits
to construct or alter waterways.
13.
Issuance of an individual permit
or general permit
to change the course of or enclose a navigable stream under s.
30.195
or
30.196
, Stats.
14.
Issuance of an individual permit
, general permit
or contract under s.
30.20
, Stats., to remove material from the bed of a navigable waterway under ch.
NR 345
, or for non-metallic mining and reclamation in and near navigable waters under ch.
NR 340
.
16.
Issuance of a permit,
to construct, raise, enla
r
ge or abandon
order, or approval for water levels or flows, or for the regulation of
a dam in navigable or
nonnavigable
waters under ch.
3
1
, Stats.,
or establishment of historic or a new level, a flow release or
approval
of
a
drawdown
of
a
controlled
lake
or
flowage
under s.
31.02
,
Stats
and ch.
NR 333
.
SECTION
23
. NR 150.20 (2) (a) 18.
is
renumbered
NR 150.20 (2) (a) 3r.
and amended to read:
NR 150.20
(2)
(a) 3r.
An approval of a municipal wastewater facilities plan under s.
NR 110.08
, and approvals of municipal wastewater projects receiving federal grants or state financial assistance under ss.
281.58
and
281.59
, Stats.
SECTION
24
. NR 150.20 (2) (a) 18m. is created to read:
NR 150.20 (2) (a)
18
m
. Issuance of findings of public interest under s.
30.11(5)
, Stats., for a proposed lease of the bed of a lake or lease of rights to fill in a bed of a lakes or a navigable stream.
SECTION
25
. NR 150.20 (2) (a) 19 is renumbered NR 150.20 (2) (a) 3w. and amended to read:
NR 150.20
(2)
(a) 3w.
Issuance
, reissuance, revocation and reissuance, or modification
of an individual
WPDES
permit for
an
a concentrated
animal feeding operation under ch.
NR 243
that is a new source
.
SECTION
26
.
NR 150.20
(2)
(a)
19m., 20., 21., 22., and
23
. are created to read:
NR 150.20
(2)
(a)
19m.
Issuance of a report under s.
13.097
, Stats., that includes the required department findings under s.
13.097(4)
, Stats., and conclusions under s.
13.097(6)
, Stats., regarding whether legislation that proposes to convey lake bed or amend a prior conveyance of lake bed area is consistent with protecting and enhancing a public trust purpose.
20. Review of existing or proposed uses for an existing lakebed grant, existing lease of the bed of a lake, or existing lease of rights to fill in a bed of a lakes or a navigable stream to ensure the existing or proposed uses are consistent with the purposes and uses for which the grant or lease was issued.
21.
Issuance of an aquatic plant management permit under s.
NR 107.05
that meets the criteria under s.
NR 107.04 (3)
.
22.
Approvals of aquatic plant management plans under s.
NR 109.09
and lake management plans under s.
NR 191.45
.
2
3
.
Promulgation of permanent administrative rules under ch.
227
, Stats.
SECTION 27
.
NR 150.20
(3)
(a)
(intro.)
is amended to read:
NR
150.20
(
3)
PRIOR COMPLIANCE ACTIONS.
(a)
(intro.)
The
following
actions
require
a
WE
P
A
compliance
determination
under s.
NR 150.35
but
do not require additional environmental analysis under this chapter
because one or more environmental analysis documents exist
for prior actions that are similar to the proposed action in kind,
scale
,
and
environmental
setting:
SECTION 2
8
.
NR 150.20
(3)
(a)
4. and 5. are repealed.
SECTION 2
9
.
NR 150.20
(3)
(a)
6.
and 7. are
amended to read:
NR
150.20
(
3)
(a)
6.
Approval of an extension of a wastewater collection system
and other plan approvals
under s.
281.41
, Stats., that
is
are
covered under an area wide water quality management plan under s.
283.83
, Stats., and ch.
NR 121
.
7.
Issuance
or
,
reissuance
, revocation and reissuance
,
or modification
of an individual WPDES permit under s.
283.31
, Stats.,
from a facility
that is covered under an area wide water quality management plan under s.
283.83
, Stats., and ch.
NR 121
.
SECTION
30
.
NR 150.20
(3)
(a)
9.
and 10.
are
created to read:
NR
150.20
(
3)
(a)
9.
Reissuance or modification of any general permit.
10.
The approval of a feasibility and plan of operation report and issuance of a license for a class 1 or class 2 modification of an existing hazardous waste treatment, storage, or disposal facility under ch.
NR
670
and s.
291.25
, Stats.
SECTION
31
.
NR 150.20
(4)
(b)
(intro.)
is amended to read:
NR
150.20
(
4)
(
b)
EIS projects.
(intro.)
The
While not required under this section, th
e
departmen
t
ma
y
decide to
follo
w
th
e
EIS
procedures
in s.
NR
150.30
for
projects
of
such
magnitude
and complexity
that
one
or
more
of
the
following
apply
:
SECTION
32
.
NR 150.30
(1)
(g)
and (3) (c) 3. and (d) are
amended to read:
NR 150.30
(1)
(g)
Environmental Impact Report (EIR).
Pursuant to s.
23.11 (5)
, Stats., the department may require an applicant for certain proposed projects to submit an EIR. The department may request any applicant to submit an EIR. The purpose of an EIR is to help the department develop the EIS by having the applicant provide a detailed, comprehensive description of the proposed project, reasonable alternatives to the proposed project, the present environmental conditions in the area potentially affected by the proposed project, and anticipated environmental effects of the proposed project and alternatives.
Predictive models, bioassays
,
and other analysis that can be subject to reasonable scientific verification may be required. The instructions to the applicant may also require that certain laboratory tests be performed by a laboratory certified, registered, or approved under ch.
NR 149
.
(
3
) (c) 3.
If a hearing is held under par. (d),
the
The
public comment period
shall
may
be extended for a minimum of 7 days after the date the hearing is held
pursuant to par. (d)
.
(d)
Hearing.
If no public hearing is otherwise required on the proposed action, the department may hold one or more public hearings prior to making its WEPA compliance determination under s.
NR 150.35
.
Pursuant to s.
1.11(2)(d)
, Stats., a public hearing shall be held on the draft EIS and proposed action. Holding a public hearing as required by another statute fulfills the hearing requirement.
Any
hearings
hearing
held pursuant to this
chapter
paragraph
shall be
publicly
announced
to the
and
public
and held
noticed
in a manner consistent with s.
1.11 (2) (d)
, Stats
.
SECTION
33
. NR 150.30 (3) (d) (Note) is created to read:
NR 150.30
(3)
(d) (Note)
NR 150.30
(3)
(d) (
Note
)
Pursuant to s.
1.11(2)(d)
, Stats.: “notice of the hearing shall be given by publishing a class 1 notice, under ch.
985
, at least 15 days prior to the hearing in a newspaper covering the affected area. If the proposal has statewide significance, notice shall be published in the official state newspaper.”
SECTION
34
.
NR 150.35
is amended to read:
NR
150.35
WEPA Compliance determination. (1)
Actions
under
sections
s.
NR 150.20 (2)
to
(b)
,
(3) (b)
,
and
(4)
cannot
may not
be taken until
a
determinatio
n
i
s
published
publicly announced or noticed
regardin
g
complianc
e
wit
h
this
chapte
r
unless statutory deadlines preclude compliance with the procedural requirements of this chapter
.
Actions under s.
NR 150.20 (1m)
,
(2)
(a)
,
and
(3)
(a)
are compliant with WEPA and do not require a determination prior to the action being taken
.
(1m)
For
all EISs
any EIS
under s.
NR 150.20 (4)
and
determinations
determination
under s.
NR 150.20 (2) (b)
and
(3) (b)
, the department shall
publish
publicly announce
findings of fact, conclusions of law and a determination that summarizes the procedures and process steps used to achieve compliance with this chapter.
(2)
For
actions
under
s.
NR 150.20 (2)
(a)
(b)
and
(3)
(a)
(b)
,
the department
may
publish
publicly announce
the WE
P
A determination
as part of
or provide notice in accordance with the public notification requirements for
the
proposed
permit
or
approval
document
.
SECTION
35
.
EFFECTIVE DATE.
This rule shall take effect on the
first
day of
the month following
publication
of the affected Administrative Code Chapters
in the
Register
.
SECTION
36
. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin
Natural Resources Board on
_____________
__
_
__________
.
Dated at Madison, Wisconsin _________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By ___________________________________
Cathy Stepp, Secretary
(SEAL)
