Changes to the process of preparing an EA
The purpose of an EA has been defined by federal regulations issued by the Council on Environmental Quality, and by case law interpretations. An EA is intended to be a concise document that provides sufficient evidence and analysis of potential environmental impacts to determine whether preparation of an EIS is necessary. This purpose, however, is not described in Commission rules and those prepared in recent years have begun covering all potential impacts associated with a proposed project, including minor environmental impacts. The proposed rule incorporates a declaration of the purpose of EA preparation, to provide direction to Commission staff.
Public notice
Current rules require the Commission to deliver an announcement that it is commencing the preparation of an EA to area legislators, news media, and others whom the Commission knows are interested. The announcement must establish a public comment period, lasting at least 10 days. The proposed rule provides a broader list of those receiving the announcement of an EA. It includes any person who has requested to receive this type of information, and local government representatives such as the heads of local municipalities and county clerks. The proposed rule also removes the deadline for public comment, in order to allow comments to be received at any point during the process of preparing an EA.
Current rules allow the Commission's WEPA coordinator to make a preliminary determination about the need for an EIS before the EA is completed. If such a preliminary determination is made, the Commission must notify the same group and provide at least 10 days for public comment on the determination. The proposed rule revises this process. It grants the authority to make a preliminary determination about the need for an EIS to the Commission, as described above, and specifies that this determination must occur after the EA is completed. Notice of this preliminary determination will then be issued; in addition, the proposed rule provides that the Commission will make copies of the EA available upon request. A 15-day period for public comment on the determination is specified in the proposed rules. Based on the EA and the comments received, the Commission then makes a final determination as to whether the project constitutes a major action for which an EIS is required. The proposed rule also states that a copy of the EA will be sent to municipal offices in the project area.
Other changes
The proposed rule describes a process by which a supplemental EA or supplemental EIS can be prepared. The proposed rule declares that a supplemental EA must be produced if, after an EA has been completed but before the Commission has taken action, new circumstances or information arise that the Commission decides could affect the quality of the human environment in a manner not considered in the EA. Similarly, a supplemental EIS must be produced if new circumstances or information arise that the Commission decides would affect the quality of the human environment in a manner not considered in the EIS.
Current rules require anyone who seeks Commission approval of a project to contact the Commission at least 30 days before filing their application. This advance notice allows the Commission to provide advice on the project alternatives that should be analyzed and on other agencies that must be contacted. The proposed rule limits this advance notice to Type I and Type II projects, but requires that notice of such projects must occur at least 30 days before the applicant provides an engineering plan to the DNR. This change will ensure that the environmental and engineering analysis of reasonable alternatives, which is required by s. 1.11 (2) (c) 3., Stats., is properly coordinated with the DNR.
Copies of Proposed Rules
Anyone wishing to receive a free copy of the proposed rules should contact the case coordinator listed below under “Contact Information".
Initial Regulatory Flexibility Analysis
The proposed rules are not expected to affect small businesses. The changes in classification of projects will not increase the compliance or reporting requirements for project applicants. In addition, it is unlikely that applicants for Commission approval of these projects would be small businesses.
Contact Information
Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director, at (608) 267-0912.
Questions regarding this matter may be directed to Kathleen Zuelsdorff at (608) 266-2730.
Fiscal Estimate
Ch. PSC 4 establishes procedures to provide the Public Service Commission of Wisconsin (Commission) with adequate information on the short-term and long-term environmental effects of its actions, as required by the Wisconsin Environmental Policy Act, under s. 1.11, Stats.
The proposed revisions to ch. PSC 4 will have no fiscal effect. While the proposed revisions are expected to increase the efficiency and effectiveness of the Commission's environmental review of proposed actions, the number of applications requiring review continues to grow, due to other ongoing changes in the electric utility industry. Costs of the Commission should not change. In addition, there would be no fiscal impact on investor-owned or municipal utilities that would affect local governments.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 99-78):
S. ATCP 60.19 (3) and (4) - Relating to drug residues in raw milk.
Agriculture, Trade and Consumer Protection
(CR 99-116):
SS. ATCP 77.06 and 77.22 - Relating to certification fees for laboratories engaged in public health testing of milk, water and food.
Ch. Comm 111 - Relating to certified capital companies.
Ch. DOC 309 - Relating to inmate access to legal materials and legal services.
Ch. ERC 33 - Relating to school district professional employe collective bargaining agreements and the calculation of a qualified economic offer.
Financial Institutions--Securities
(CR 99-121):
Chs. DFI-Sec 1 to 5 and ss. DFI-Sec 7.06 and 9.01 - Relating to securities broker-dealer, agent and investment adviser licensing requirements and procedures, securities registration exemptions, definitions and forms.
S. HFS 105.39 (4) (b) 3. - Relating to refresher training requirements in cardiopulmonary resuscitation (CPR) and first aid for drivers of specialized medical vehicles (SMVs) under the Medical Assistance (MA) program.
Law Enforcement Standards Board
(CR 99-93):
Ch. LES 4 - Relating to the certification of instructors for law enforcement, jail and secure detention training.
Nursing Home Administrator Examining Board
(CR 99-114):
SS. NHA 1.02, 4.01 and 4.03 - Relating to experience and reciprocity.
Ch. Trans 134 - Relating to registration plates for authorized special groups.
SS. Trans 276.07 and 276.09 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ss. Comm 2.15, 51.164 and 64.05 and chs. Comm 18 and 69, relating to elevators and mechanical lifting devices.
Effective 12-01-99.
An order affecting ch. WGC 3, relating to contested case hearings arising out of the regulating activities of the Division of Gaming.
Effective 12-01-99.
An order creating ss. Phar 7.01, 7.08, 8.06, 8.07 and 8.09, relating to the transmission and receipt of electronic prescription orders.
Effective 11-01-99.
An order creating ch. Phar 16, relating to continuing education programs offered by a provider approved by the American Council on Pharmaceutical Education at the time of the pharmacist's attendance, or other Board-approved programs.
Effective 12-01-99.
An order affecting ch. DWD 120 and ss. DWD 128.02, 129.01 and 150.05, relating to ability to and availability for work, unemployment insurance (UI) notices and forms, and exceptional circumstances for failing to apply for UI.
Effective 12-01-99.
An order affecting s. DWD 11.055 and ch. DWD 16, relating to the emergency assistance program.
Effective 11-01-99.
An order affecting chs. HSS 217 and DWD 17, relating to the training of income maintenance workers.
Effective 11-01-99.
An order affecting ch. DWD 56, relating to the administration of day care funds.
Effective 12-01-99.
N o t i c e of N o n a c q u i e s c e n c e
NOTICE OF NONACQUIESCENCE
Tax Appeals Commission
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DAVID L. GILBERT, :
Petitioner, : NOTICE OF NONACQUIESCENCE
v. : Docket No. 98-D-248
WISCONSIN DEPARTMENT OF REVENUE, :
:
Respondent.
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Pursuant to s. 73.01 (4) (e) 2. of the Wisconsin Statutes, the respondent hereby gives notice that, although it is not appealing the decision or order of the Tax Appeals Commission rendered in the above captioned matter under date of August 27, 1999, it has adopted a position of nonacquiescence in regard to that decision or order.
