NR 150.025(2)(a)
(a) Acknowledge WEPA as an obligation shared by all units of the department to the extent that any unit contemplating regulatory, management or administrative actions subject to WEPA review under this chapter must evaluate and be aware of the environmental consequences of such actions.
NR 150.025(2)(b)
(b) Recognize its role as an environmental agency in state government and that it shall set an example in meeting the spirit and intent of WEPA.
NR 150.025(2)(c)
(c) Develop, where possible, agreements and understandings with other state, federal and local agencies to provide for early environmental reviews of their major actions, minimize duplication in meeting environmental impact requirements and establish a mechanism for resolution of interagency conflict.
NR 150.025(2)(d)
(d) Develop appropriate environmental impact information and analysis along with a discussion of meaningful alternatives and make this available to the decision-maker in a timely manner for all actions where such an evaluation is required by this chapter; and recognize that decisions subject to WEPA requirements cannot be made until the appropriate environmental impact review process is completed.
NR 150.025(2)(e)
(e) Implement the environmental review procedure as an integrated process, not a separate sequence of activities, that must be part of the initial planning process for department projects and initiated at an early stage of the regulatory review process.
NR 150.025(2)(f)
(f) Consider the findings of EIS's, EA's and comments received from the public in making decisions on proposed actions.
NR 150.025(2)(g)
(g) Insure that compliance with s.
1.12, Stats., alleviation of energy shortages, is achieved in carrying out its WEPA responsibilities and that conservation of energy resources is considered as an important factor when making any major decision which would significantly affect energy usage.
NR 150.025(2)(h)
(h) Recognize that where an EIS is required for a major state action, it serves as a coordinating mechanism for a comprehensive department analysis of the entire project and for informing the public and/or obtaining comments on the proposed action.
NR 150.025(2)(i)
(i) Recognize that the department has an affirmative duty within its resources to comment on the EIS's of other agencies by virtue of its jurisdiction by law, special expertise or authority.
NR 150.025 History
History: Register, February, 1981, No. 302, eff. 3-1-81; renum. (2) (g) and (h) to be (2) (h) and (i), cr. (2) (g),
Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (e),
Register, January, 1987, No. 373, eff. 2-1-87.
NR 150.03
NR 150.03
Action type list. The action type list established in
subs. (5) to
(8) shall be used to determine the category of the proposed action and the minimum procedural requirements of this chapter as described in
s. NR 150.20.
NR 150.03(1)
(1) Type I actions. Type I actions are major actions which would significantly affect the quality of the human environment.
NR 150.03(2)
(2) Type II actions. Type II actions have the potential to cause significant environmental effects and may involve unresolved conflicts in the use of available resources.
NR 150.03(3)
(3) Type III actions. Type III actions normally do not have the potential to cause significant environmental effects, normally do not significantly affect energy usage and normally do not involve unresolved conflicts in the use of available resources.
NR 150.03(4)(c)
(c) Emergency activities to protect public health, safety, the human environment;
NR 150.03(4)(d)
(d) Ancillary activities which are part of a routine series of related department actions; or
NR 150.03(4)(e)
(e) Actions which individually or cumulatively do not significantly affect the quality of the human environment, do not significantly affect energy usage and do not involve unresolved conflicts in the use of available resources.
NR 150.03(5)
(5) Department facilities development, operations, and other resource management. NR 150.03 History
History: Cr.
Register, January, 1979, No. 277, eff. 2-1-79; am.,
Register, February, 1981, No. 302, eff. 3-1-81; am. (intro.), (1), (6) and (7), r. and recr. (2) to (4),
Register, February, 1984, No. 338, eff. 3-1-84; am. (3) (b) 22. and (3) (b) 30., cr. (2) (b) 22.e. and (3) (b) 30m.,
Register, June, 1985, No. 354, eff. 7-1-85; am. (3) (c) 12.,
Register, February, 1986, No. 362, eff. 3-1-86; r. and recr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (6) (b) 7., (8) (e) 20. e.,
Register, April, 1994, No. 460, eff. 5-1-94; am. (6) (b) 7.,
Register, March, 1995, No. 471, eff. 4-1-95; am. (8) (e) 5. (intro.), a. and b., 6. (intro.), a. and b., 11. and 13. to 15.; r. (8) (e) 5. c., d., h. and 17., r. and recr. (8) (e) 6. c., 9., 10. and 12., renum. (8) (e) 5. e. to g. and i. to be (8) (e) 5. c. to e. and f., (8) (e) 6. d. and e. to be (8) (e) 5. e. to g., i., 6. d. and e., 18 to 20. to be (8) (e) 5. c. to be., f., 6. e. and f., 17 to 19. and am. (8) (e) 5. e. and 6. f., cr. (8) (e) 6. d. and g,
Register, June, 1996, No. 486, eff. 7-1-96; r. (8) (a) 1.,
Register, May, 2000, No. 533, eff. 6-1-00; corrections in (6) (b) 5. d., (7) (b) 2, 9., (8) (a) 5., 6., 7., 9. b., (b) 1. (intro.), d., 2., 3., 6., 7., 8., 9. a. to e., (e) (1. a., b., 2., 3., 5. (intro.), 6. e., 7., 8., 12., 13., 15., 16., 18., 19. a., b., c., d., e., f., (f) 9. a., c., 15., (g) 1. (intro.), (h) 1., 4., 7., (i) 1. (intro.), 3. (intro.), 4. (intro.), 6. (intro.), 8. a. to i. made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2000, No. 533;
CR 01-144: cr. (8) (a) 22. and 23.
Register January 2003 No. 565, eff. 2-1-03; correction in (8) (e) 13. made under s. 13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 150.10
NR 150.10
Assistance to applicants. NR 150.10(1)
(1) Prior to making a formal application, any person considering a project that will require department approval may provide the department with a preliminary description of the proposed project and request that the department make a preliminary determination on the need for an EIR. The preliminary project description shall include a description of:
NR 150.10(1)(b)
(b) Major facilities and anticipated by-products or pollutant discharges, and
NR 150.10(1)(c)
(c) The specific locations being considered for the project.
NR 150.10(2)
(2) Upon receipt of a request under this section, the department shall, based on the information provided, provide the person with a list of department authorizations, permits and approvals that may be required, other available information that may affect the feasibility of the proposed project, and within 45 days of a request complying with this section, make a preliminary determination on the need for an EIR.
NR 150.10(3)
(3) A final determination will not be made until formal applications are submitted to the department.
NR 150.10 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87.
NR 150.20
NR 150.20
Environmental review process. The environmental review process shall apply to all actions of the department including both regulatory and department sponsored actions.
NR 150.20(1)
(1) Determination of appropriate procedures. Upon the filing of an application with the department for permission to proceed with an action, and during the early planning stages on department sponsored actions, the department shall use the action type list in
s. NR 150.03 to determine the minimum review process appropriate for the proposed action.
NR 150.20 Note
Note: Procedures required for Type III actions assure that unusual proposals or proposals in unusual situations receive the appropriate level of analysis.
NR 150.20(1)(a)
(a) Type IV actions. Except as provided under
s. NR 150.20 (2) (b), type IV actions do not require the EA or EIS process, do not require a news release, and are otherwise exempt from the procedural requirements of this chapter. The department may prepare and distribute an EA on the proposed action to aid department decision making if the department determines that critical resources are affected by the proposed action, or there may be substantial risk to human life, health or safety.
NR 150.20(1)(b)1.1. Except for emergency rules, type III actions require issuance of a news release or other public notification under
s. NR 150.21.
NR 150.20(1)(b)2.
2. As provided under
s. NR 150.25 and s.
23.11 (5), Stats., the department may require an applicant to provide an EIR to submit additional information about the proposal.
NR 150.20(1)(b)3.
3. Except as provided under
subd. 4., type III actions do not require an EA or EIS and are exempt from the procedural requirements of
ss. NR 150.22 to
150.24. The department's determination on compliance with s.
1.11, Stats., becomes final upon approval of the director of the bureau of environmental analysis and review, or his or her designee.
NR 150.20(1)(b)4.a.
a. The department determines that the proposed action may significantly affect the quality of the human environment.
NR 150.20(1)(b)4.b.
b. Scarce resources, such as critical habitat for threatened or endangered species, valued fish spawning areas, wetlands, historic, cultural, scenic or recreational areas, may be affected.
NR 150.20(1)(b)4.c.
c. Substantial acute risk, to human life or health, or to significant natural resources due to failure of pollution control systems, fire or other reasonably foreseen failures at the proposed facility, may be created.
NR 150.20(1)(c)2.
2. As provided under
s. NR 150.25 and s.
23.11 (5), Stats., the department may require an applicant to provide an EIR to submit additional information about the proposal.
NR 150.20(1)(c)3.
3. If the department determines that the proposal is a major action significantly affecting the quality of the human environment, the full EIS process under
ss. NR 150.21 to
150.24 is required.
NR 150.20(1)(d)2.
2. As provided under
s. NR 150.25 and s.
23.11 (5), Stats., the department may require an applicant to provide an EIR to submit additional information about the proposal.
NR 150.20(2)(a)(a) Determination of application completeness. Except as otherwise provided by law, an application or request for approval will not be considered complete until s.
1.11, Stats., and this chapter have been fully complied with.
NR 150.20(2)(b)
(b) Proposals involving multiple department actions. When an EA or EIS is required for a proposal involving more than one department action, the entire project proposal including all related department actions shall be addressed in a comprehensive environmental analysis unless:
NR 150.20(2)(b)1.
1. Statutory deadlines preclude compliance with the procedural requirements of s.
1.11, Stats., and this chapter, or
NR 150.20(2)(b)3.a.
a. The action will not limit the choice of reasonable alternatives for the remaining actions.
NR 150.20(2)(b)3.e.
e. The action does not involve impacts that may cumulatively be significant when considered with the other department actions related to the proposal.
NR 150.20(2)(c)
(c) Prior compliance. A previous EA or EIS which meets the content and procedural requirements of this chapter and which substantially addresses the proposed department action, satisfies the requirements of this chapter except for the decision requirements under
s. NR 150.24.
NR 150.20(2)(d)
(d) Revised proposals. If a proposal which is the subject of an EA is substantially changed before or after the department reaches its final decision under
s. NR 150.24, the department may revise the EA or prepare a supplement to the EA if the changes to the proposal are relevant to environmental concerns. If the public notification under
s. NR 150.21 (1) contained serious errors or omissions, the department shall issue a news release under
s. NR 150.21 (1) on the revised EA or supplement before issuing, reissuing or amending the decision under
s. NR 150.24.
NR 150.20(2)(e)1.1. A generic EA or EIS may be used to assess the environmental effects of actions likely to be repeated on a recurring basis or actions which have relevant similarities such as common timing, impacts, alternatives, methods of implementation or subject matter.
NR 150.20(2)(e)2.
2. Generic EAs require the same environmental review process as type II actions, and generic EISs require the same review process as type I actions.
NR 150.20(2)(e)3.
3. The generic EA or EIS shall contain the information required under
s. NR 150.22. When subsequent individual project locations, time schedules and similar descriptive information are not reasonably available, the generic environmental analysis may be more general than a site specific EA or EIS. The generic environmental analysis shall specify the assumed features, characteristics, operations or other information about the project or suitable project sites. It may present and analyze in general terms several hypothetical scenarios that are likely to occur. It shall identify reasonably foreseeable conditions which indicate the need for further evaluation with a site specific EA or EIS.
NR 150.20(2)(e)4.
4. The decision under
s. NR 150.24 shall be signed by the director of the bureau of environmental analysis and review or designee, and specify conditions or criteria of subsequent individual proposals which are adequately evaluated by the generic EA or EIS process. The decision may also specify criteria for proposals which require further evaluation with a project specific EA or EIS.
NR 150.20(2)(e)5.
5. Subsequent individual proposals that satisfy the criteria established in the decision under
subd. 4. may satisfy the requirements of this chapter following completion of a public notification process similar to a type II action and completion of a project specific decision under
s. NR 150.24. The notice and decision under
subds. 2. and
4. satisfy the requirements of this subdivision for subsequent proposals at locations identified in the generic analysis, notice and decision under
subds. 2. and
4.
NR 150.20(2)(e)6.
6. The department may prepare supplements to a generic EA or EIS under
par. (d) or
s. NR 150.22 (4) and reconsider the decision under
subd. 4. to evaluate substantial new information about project impacts, operations or other factors.
