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.
NR 150.20(2)(f)
(f) Interagency procedures on proposed actions involving NEPA or WEPA.
NR 150.20 Note
Note: Whenever practical, the department will jointly prepare environmental analyses with other agencies who also would prepare an EA or EIS. This should reduce duplication and delay, and assure the full consideration of environmental effects.
NR 150.20(2)(f)1.
1. The department may conduct an environmental review process jointly with another state, federal or local agency. The joint process shall meet the requirements of this chapter. The level of department participation shall be commensurate with the department's authority and the significance of the proposed project's impact on the department's area of responsibility. For actions requiring an EA, the department shall make an independent determination on the need for an EIS.
NR 150.20(2)(f)2.
2. The department may adopt an environmental analysis prepared by another agency as the department's EA on the proposal if the environmental analysis meets the requirements of
s. NR 150.22. The department shall notify the public as required under
s. NR 150.21 for an EA, and enter a decision on the proposal under
s. NR 150.24.
NR 150.20(2)(f)3.
3. When the department determines that a proposed action will require an environmental analysis and that the proposed action will involve one or more state, federal or local agencies, the lead agency may be determined through interagency consultation. A written agreement may be developed with those agencies which have a major responsibility in or are significantly affected by the proposed action. The written agreement will define the responsibility of each agency in the development of a single EIS on the proposed action and will outline the procedures to be used in the regulatory process.
NR 150.20(2)(g)1.1. For any department action which involves unresolved conflicts concerning alternative uses of available resources, the department shall study, develop and describe appropriate alternatives to recommended courses of action through one or more of the following mechanisms:
NR 150.20(2)(g)1.a.
a. For Type I or II actions, preparation of an EA or EIS in accord with this section.
NR 150.20(2)(g)1.b.
b. For all department actions, holding an informational meeting or a hearing under another statute or rule in which problems relating to conflicting uses of resources are discussed and in which participants have the opportunity to discuss alternative courses of action and where the department considers the hearing testimony or meeting results in its decision.
NR 150.20(2)(g)2.
2. Unless the department determines otherwise, department actions listed as Type III or IV actions are not of sufficient magnitude to require compliance with s.
1.11 (2) (e), Stats.
NR 150.20(2)(h)
(h) Time limits. For regulatory actions, the department shall make its determination on the need for the full EIS process following the consideration of public comments under
s. NR 150.21 (2) and within 45 days after the department has received all information necessary for that determination. If the department determines that the full EIS process is required, the person seeking approval shall be notified of this determination by a written decision of the department. The decision shall include estimated time schedules and other pertinent information relating to the EIS process. Such notification may occur as part of a scoping process under
s. NR 150.21.
NR 150.20(2)(i)
(i) Emergency procedures. Where emergency action by the department is necessary to protect public health, safety or the human environment, the department shall comply with this chapter to the maximum extent feasible under the emergency circumstances.
NR 150.20(2)(j)
(j) Conflicting procedures. Where statutory review deadlines preclude compliance with this chapter, the department shall comply with this chapter to the maximum extent feasible.
NR 150.20 History
History: Cr. (1), (2) (a) to (f), (h) to (j), (2) (g) renum. from NR 150.045 and Cr.
Register, January, 1987, No. 373, eff. 2-1-87.
NR 150.21
NR 150.21
Issue identification procedures. NR 150.21(1)(a)(a) Except for emergency rules and legislation, the department shall develop a news release for each type I, II or III action to include the information in
subds. 1. to
6. When deemed appropriate by the department, any other department notice, including a notice required under another statute or administrative rule, containing the information in
subds. 1. to
6. may be used in lieu of a news release.
NR 150.21(1)(a)3.
3. A statement regarding the proposal's potential to cause significant adverse environmental effects;
NR 150.21(1)(a)4.
4. A statement regarding the department's preliminary decision on the need to prepare an environmental analysis and the need for the EIS process;
NR 150.21(1)(a)5.
5. The name and address of a contact within the department who can receive comments and respond to questions; and
NR 150.21(1)(a)6.
6. A date by which the department will accept and consider comments.
NR 150.21(1)(b)
(b) The department shall distribute the news release or legal notice to appropriate news media in the vicinity of the proposed action.
NR 150.21(2)
(2) Consideration of public comments. Following the notice period, the department shall consider all public comments and may revise the EA if one was prepared. An informational meeting may be held to receive further public input and aid in the review of and decision on the need for the full EIS process.
NR 150.21(3)
(3) Issue identification. Soon after the department determines to prepare an EIS, the department shall inform the public and affected agencies that an EIS will be prepared and that the process of identifying potential major issues is beginning. The department may also use these issue identification procedures to help identify issues for an EA.
NR 150.21(3)(a)
(a) The issue identification process shall include, to the extent possible, affected federal, state and local agencies, any affected Indian tribe, the proponent of the action, and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.
NR 150.21(3)(b)
(b) The department shall use the process described in
par. (a) to accomplish any of the following:
NR 150.21(3)(b)1.
1. Determine the scope and the significant issues to be analyzed in depth in the environmental analysis.
NR 150.21(3)(b)2.
2. Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental review. This will narrow the discussion of these issues in the environmental analysis to a brief presentation of why they will not have a significant effect on the human environment or a reference to their coverage elsewhere.
NR 150.21(3)(b)3.
3. Allocate assignments for preparation of the environmental analysis among the lead and cooperating agencies.
NR 150.21(3)(b)5.
5. Set a time schedule for document preparation and opportunities for public involvement.
NR 150.21(3)(b)6.
6. Identify incomplete or unavailable information that is relevant to a reasoned choice among alternatives.
NR 150.21(4)
(4) Environmental bulletin. On a regular basis, the department shall prepare a bulletin listing and briefly describing the proposals involving type II or III actions. The report shall be distributed to all individuals, organizations and agencies upon request. A fee may be charged to those requesting copies of the bulletin to cover reproduction and handling costs.
NR 150.21 Note
Note: These issue identification procedures inform the public about proposals that may affect the quality of the environment and help identify key issues at an early stage in the department's review. For some actions, the department may familiarize itself with a proposal by drafting an EA or portions of an EIS before inviting public questions and comments.
NR 150.21 History
History: Cr. (1), (2) and (4), (3) renum. from NR 150.06 and am.
Register, January, 1987, No. 373, eff. 2-1-87.
NR 150.22
NR 150.22
Preparation and content of the EA or EIS. NR 150.22(1)(a)1.
1. Any part of an environmental analysis may be prepared by an applicant or by the applicant's consultant following the department's evaluation of the environmental issues and acceptance of responsibility for its scope and content. The names of the department's employees or its consultants responsible for the evaluation shall be included in the list of preparers in the environmental analysis.
NR 150.22 Note
Note: It is the intent of this paragraph that acceptable work not be redone, but that it be verified by the department.
NR 150.22(1)(b)
(b) The environmental analysis shall be an analytical document that enables environmental and economic factors to be considered in the development of a proposed action.
NR 150.22(1)(c)
(c) An environmental analysis is not a document of justification. Furthermore, disclosure of adverse environmental effects does not necessarily require that a proposed action be denied or terminated.
NR 150.22(1)(d)
(d) An environmental analysis shall be written in plain language and should use appropriate graphics to aid decision-makers and the public. Where appropriate, an environmental analysis may be combined with other required environmental or planning documents.
NR 150.22(1)(e)
(e) The environmental analysis shall include information which is important to evaluating reasonably foreseeable significant adverse impacts on the human environment, unless the information cannot be obtained because the overall costs of obtaining it are exorbitant or the means to obtain it are not known. When evaluating reasonably foreseeable, significant adverse effects and there is incomplete or unavailable information that is relevant to a reasoned choice among alternatives, the environmental analysis shall:
NR 150.22(1)(e)3.
3. Summarize credible scientific evidence which is relevant to the evaluation.
NR 150.22(1)(e)4.
4. Evaluate adverse impacts based upon theoretical approaches or research methods generally accepted in the scientific community.
NR 150.22(1)(f)
(f) The department may determine that the development of an EA under
ss. NR 150.21 and
150.22 for a proposal satisfies the EIS development requirements under
ss. NR 150.21 and
150.22. This environmental analysis may be distributed for review as the EIS under
sub. (3), and serve as the EIS for the public hearing and decision under
ss. NR 150.23 and
150.24.
NR 150.22(2)
(2) Contents of an EA or EIS. The environmental analysis shall emphasize significant environmental issues. An environmental analysis shall substantially follow the regulations issued by the president's council on environmental quality,
40 CFR 1500-
1508, for EIS's and shall provide an analysis of the environmental and economic implications of a proposed action contemplated by the department. While the format may vary, the environmental analysis shall include:
NR 150.22(2)(a)
(a) A summary of the process used to identify major issues and the issues identified for detailed analysis. An EA shall evaluate whether the proposed action is, or is not, a major action and whether the EIS process is required under s.
1.11, Stats., and this chapter. In making this evaluation, the department shall consider:
NR 150.22(2)(a)1.
1. The extent of short-term and long-term environmental effects including secondary effects; particularly to geographically scarce resources such as historic or cultural resources, scenic and recreational resources, prime farmlands, threatened or endangered species or ecologically critical areas.
NR 150.22(2)(a)2.
2. The extent of cumulative effects of repeated actions of the same type, or related actions or other activities occurring locally that can be reasonably anticipated and that would compound impacts.
NR 150.22(2)(a)3.
3. The degree of risk or uncertainty in predicting environmental effects or effectively controlling potential environmental impacts including those relating to public health or safety.
NR 150.22(2)(a)4.
4. The degree in which the action may establish a precedent for future actions or foreclose future options. This includes consistency with plans or policy of local, state or federal government.
NR 150.22(2)(a)5.
5. The degree of controversy over the effects on the quality of the human environment.
NR 150.22(2)(b)
(b) A description of the purpose of the proposal and an evaluation of the need for the proposal.
