SECTION 8. 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 methods to provide public notice.
SECTION 9. NR 150.03 (25) and (26) are amended to read:
NR 150.03 (25) “Strategic analysis” means an environmental and alternatives analysis of any an issue or policy which involves unresolved conflicts concerning alternative uses of available resources, within the meaning of s. 1.11 (2) (e), Stats. (26) “Unresolved conflicts concerning alternative uses of available resources” means an unsettled disagreement between experts, policymakers of local, state, or tribal governments, or citizen interest groups in Wisconsin concerning a department policy affecting the utilization of a substantial natural resources, between experts, policymakers of local, state, or tribal governments, or citizen interest groups in Wisconsin or physical resource where the utilization would be of sufficient magnitude that, on a statewide or regional basis, it 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 10. NR 150.10 (1) and (1m) (a) are amended to read:
NR 150.10 (1) GENERAL REQUIREMENT PURPOSE. Pursuant to This section establishes the procedures to fulfill the requirements of s. 1.11 (2) (e) and (h), Stats., the department shall study, 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. The rule or manual code policy involves unresolved conflicts concerning alternative uses of available resources.
2. The department has substantial discretion in formulating important provisions of the rule or manual code policy.
SECTION 11. NR 150.10 (1m) (b) is repealed.
SECTION 12. NR 150.10 (1m) (c) (intro.) and (2) (a) are amended to read:
NR 150.10 (1m) (c) Other issues or policies. (intro.) The Although 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) General requirement. The department shall determine the scope of important issues to be analyzed the analysis, potential alternative approaches, potentially affected natural resources, and likely effects 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 13. NR 150.20 (1) and (1m) (a), (b), and (d) are amended to read:
NR 150.20 (1) PROCEDURES ESTABLISHED PURPOSE. This section establishes appropriate procedures for the environmental analysis that WEPA requires for all department actions except those specifically exempted by statute. Notwithstanding subs. (1m) to (3), the department may determine to follow the EIS procedures in 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 Development or construction of new department facilities that follows protocols.
(d) The operation, repair, maintenance, removal, or in-kind replacement of existing department facilities that follows protocols.
SECTION 14. 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 15. 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 16. 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 17. 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 18. NR 150.20 (1m) (m), (n), (nm), (o), (p), (pe), (pm), (ps), (q), (qm), (r), (s), (sb), (sf), (sk), (sp), (ss), (sw), (sy), (t), (u), (Note), (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. 285.60, and 285.62, 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. (pe) 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. (qm) 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. (sg) Reconstruction and repairs of dams under ss. 31.12, 31.18, or 31.185, Stats. (sl) Transfer of dam ownership under s. 31.14, Stats. (sp) Dam inspections under s. 31.19, Stats. (st) Plan approvals for dams under s. 31.33, Stats., and approvals of emergency action plans, inspection plans, operation and maintenance plans, dam failure analysis plans, 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 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. Note: This subsection does not include the concentrated animal feeding operations permit actions identified as integrated analysis actions pursuant to s. NR 150.20(2) (a) 3w. (ug) Approvals of land application or nutrient management plans or modifications to the plans.
(ur) Approvals of land application sites.
(v) Issuance of natural heritage inventory permits, approvals, or licenses under ch. NR 29 except for permits issued under s. 29.604 (6m), Stats. (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 19. NR 150.20 (2) (a) (intro.) is amended to read:
NR 150.20 (2) EQUIVALENT INTEGRATED ANALYSIS ACTIONS (a) (intro.) The following actions require a WEPA compliance determination under s. NR 150.35 but do not require a separate additional environmental analysis process under this chapter because a detailed environmental they are integrated analysis actions and public disclosure are conducted as part of the department programmatic procedure: SECTION 20. 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 21. 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. 285.60, 285.61, and 285.62, Stats., for a new source or modification or relocation of an existing air emission source sources. SECTION 22. NR 150.20 (2) (a) 5. is renumbered NR 150.20 (2) (a) 2g.
SECTION 23. 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 24. 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.
