(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. SECTION 25. 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. Issuance of an individual permit for structures on the beds of navigable waters or to construct culverts and bridges across navigable waters under ss. 30.12 (3m) or 30.123 (8),general permit, certification, or contract under subchapter II of ch. 30, 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, enlarge or abandon ,order, or approval for water levels or flows, or for the regulation of a dam in navigable or nonnavigable waters under ch. 31, 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 26. 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 27. NR 150.20 (2) (a) 18m. is created to read:
NR 150.20 (2) (a) 18m. 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. SECTION 28. 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 29. NR 150.20 (2) (a) 19m., 20., 21., and 22. are created to read:
NR 150.20 (2) (a) 19m. 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 lake 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.
20. Issuance of an aquatic plant management permit under s. NR 107.05 that meets the criteria under s. NR 107.04 (3). 21. Approvals of aquatic plant management plans under s. NR 109.09 and lake management plans under s. NR 191.45. 22. Promulgation of permanent administrative rules under ch. 227, Stats. SECTION 30. NR 150.20 (2) (b) is amended to read:
NR 150.20 (2) (b) The department may determine under s. NR 150.35 that there is equivalent analysis for a specific an action not listed in par. (a) does not require a separate environmental analysis process under this chapter because it meets the definition of an integrated analysis action. SECTION 31. NR 150.20 (3) (a) (intro.) and 1. are amended to read:
NR 150.20 (3) PRIOR COMPLIANCE ACTIONS. (a) (intro.) The following actions require a WEPA 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: 1. Facility Department facility development planned under ch. NR 44. SECTION 32. NR 150.20 (3) (a) 4. and 5. are repealed.
SECTION 33. NR 150.20 (3) (a) 6., 7., and 8. 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., for a facility that is covered under an area wide water quality management plan under s. 283.83, Stats., and ch. NR 121. SECTION 34. 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 s. 291.25, Stats., and ch. NR 670. SECTION 35. NR 150.20 (4) (b) (intro.) is amended to read:
NR 150.20 (4) (b) EIS projects. (intro.) The department may decide to follow the EIS procedures in s. NR 150.30 for projects of such magnitude and complexity that one or more of the following apply: SECTION 36. NR 150.30 (1) (g), (2) (b), 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. (2) (b) A description of the purpose and need of the proposed project.
(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 public and held noticed in a manner consistent with s. 1.11 (2) (d), Stats. SECTION 37. 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 38. NR 150.35 is amended to read:
NR 150.35 WEPA Compliance determination. (1) Actions under sections s. NR 150.20 (2) to (4) cannot may not be taken until a determination is published publicly announced or noticed regarding compliance with this chapter unless statutory deadlines preclude compliance with the procedural requirements of this chapter. Actions under s. NR 150.20 (1m) 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) and (3) (a), the department may publish publicly announce the WEPA determination as part of or provide notice in accordance with the public notification requirements for the proposed permit or approval document.
