SECTION 33. Trans 400.08 (1) (c) 5. is renumbered Trans 400.08 (1) (d) 5., and Trans 400.08 (1) (d) 5. (intro.), as renumbered, is amended to read:
Trans 400.08 (1) (d) 5. (intro.) Policy, contract, standard and specification changes. Examples of department actions regarding policy, contract, standard, and specification changes to which ER procedures normally apply are:
SECTION 34. Trans 400.08 (1) (d) (intro.) is renumbered Trans 400.08 (1) (c) (intro.) and amended to read:
Trans 400.08 (1) (c) (intro.) CE −Categorical Exclusions. CE actions are categorically excluded from the requirement to prepare environmental documentation pursuant to the rule published by the United States department of transportation in 23 CFR 771.117, April 1, 1998, or its federal aviation administration order 5050.4A, chapter 3, paragraph 23, October 8, 1985. CE actions do not require environmental documentation because, based on past experience with similar actions, they do not involve significant environmental impacts. They are actions which do not induce significant impacts to planned growth or land use for the area, do not require the relocation of significant numbers of people, do not have a significant impact on any natural, cultural, recreational, historic or other resource, do not involve significant air, noise, or water quality impacts, do not have significant impacts on travel patterns, and do not otherwise, either individually or cumulatively, have any significant environmental impacts. Examples of CE actions include the following: SECTION 35. Trans 400.08 (1) (d) 1. is repealed and recreated to read:
Trans 400.08 (1) (d) 1. ‘Highways and transit.’ In addition to actions the department determines meet the criteria for an ER action under this chapter, the department may apply ER procedures to the highway and transit actions identified in 23 CFR 771.117 (d) and 23 CFR 771.118 (d). SECTION 36. Trans 400.08 (1) (d) 2. is repealed and recreated to read:
Trans 400.08 (1) (d) 2. ‘Airports.’ In addition to actions the department determines meet the criteria for an ER action under this chapter, the department may apply ER procedures to actions identified in the federal aviation administration order 5050.4B.
SECTION 37. Trans 400.08 (1) (d) 3. is renumbered Trans 400.08 (1) (c) 3. and amended to read:
Trans 400.08 (1) (c) 3. Administrative facilities. Minor Examples of department actions regarding administrative facilities that are normally classified as CE actions are: minor construction or expansion of an airport facility, such as a runway, taxiway, apron, service or entrance road, or passenger handling or parking facility.
SECTION 38. Trans 400.08 (1) (d) 4. is renumbered to Trans 400.08 (1) (c) 4.
SECTION 39. Trans 400.08 (2) (a) is amended to read:
Trans 400.08 (2) (a) Activities exempt by statute or approved as categorical exclusions by the United States council on environmental quality pursuant to 40 CFR 1508.4, July 1, 1998. SECTION 40. Trans 400.08 (2) (f) is amended to read:
Trans 400.08 (2) (f) The budget request of the department as a whole submitted to the department of administration and legislature pursuant to ss. s. 6.42 and 19.45 (12), Stats. SECTION 41. Trans 400.09 (4) (e) is amended to read:
Trans 400.09 (4) (e) Ensure the required involvement of any cooperating and participating agencies.
SECTION 42. Trans 400.10 (3) (c) is amended to read:
Trans 400.10 (3) (c) In addition to the contents required under par. (a), the FEIS shall also incorporate the comments received during the DEIS and subsequent hearing processes. A response shall be made to each substantive environmental issue identified in the comments and not addressed in the DEIS. The response shall include a discussion of the environmental issue, including the identification of the efforts to resolve the issue and the commitments to specific measures to mitigate adverse impacts and enhance beneficial effects.
SECTION 43. Trans 400.10 (4) (a) 1. is renumbered Trans 400.10 (4) (a) 1r. and amended to read:
Trans 400.10 (4) (a) 1r. Stimulation of secondary indirect environmental effects.
SECTION 44. Trans 400.10 (4) (a) 1g. is created to read:
Trans 400.10 (4) (a) 1g. The content requirements for an ER under sub. (5).
SECTION 45. Trans 400.10 (4) (a) 5. is amended to read:
Trans 400.10 (4) (a) 5. The degree of controversy on environmental grounds associated with the proposed action.
SECTION 46. Trans 400.10 (5) (intro.) is amended to read:
Trans 400.10 (5) (intro.) ER CONTENT. The ER may be completed on screening sheets developed by the department. The ER shall reflect compliance with the applicable laws and regulations of other agencies, and shall include all of the following:
SECTION 47. Trans 400.11 (1) (b) (intro.) is renumbered Trans 400.11 (1) (b) and amended to read:
Trans 400.11 (1) (b) Notice of availability of a SEE. A notice of availability of a system plan and its SEE shall be published in the official state newspaper and other newspapers, as deemed appropriate. The notice may be combined with a notice of opportunity for a public hearing on the system plan. The notice shall: as provided in sub. (8).
SECTION 48. Trans 400.11 (1) (b) 1. to 4. are repealed.
SECTION 49. Trans 400.11 (2) is amended to read:
Trans 400.11 (2) LEIS. In the case of a departmental report or recommendation on a department−initiated proposal for legislation that contains major and significant new proposals that are not within the scope of any categorical exclusion, the department shall prepare a LEIS substantially following the guidelines of the United States council on environmental quality in 40 CFR 1506.8, July 1, 1998. This includes transmission of the LEIS to the legislature concurrent with or within 30 days after the legislative proposal is submitted to the legislature, provided that the LEIS must be available in time for legislative hearings and deliberations, and 5 days in advance. There is no scoping requirement and the statement shall be prepared in the same manner as a DEIS, but shall be considered the detailed statement required by s. 1.11 (2) (c), Stats. Any comments on the LEIS shall be given to the department which shall forward them along with its own responses to the legislative committees with jurisdiction. SECTION 50. Trans 400.11 (3) (b) (intro.) is renumbered Trans 400.11 (3) (b) and amended to read:
Trans 400.11 (3) (b) Notice of availability of DEIS. A notice of availability of the DEIS shall be published in the appropriate official local newspaper or in a newspaper with general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, such notice shall also be published in the official state newspaper. Such notice shall include: as provided in sub. (8).
SECTION 51. Trans 400.11 (3) (b) 1. to 4. are repealed.
SECTION 52. Trans 400.11 (4) is amended to read:
Trans 400.11 (4) FEIS and ROD. The FEIS and ROD shall be printed and distributed, and a notice of availability of the FEIS shall be published, in the same manner as provided for a DEIS under sub. (3), except that. If separate FEIS and ROD documents are necessary under s. Trans 400.13 (1) (am), the decision to proceed with the proposed action and to sign the ROD shall not be made sooner than 30 days after the date of publication of the notice of availability of the FEIS or 90 days after the date of publication of the notice of availability of the DEIS. SECTION 53. Trans 400.11 (5) (a) is amended to read:
Trans 400.11 (5) (a) Public availability of EA. The EA shall be made available for public inspection at the department’s central office, the appropriate department region office, public libraries as identified under sub. (3) (a) 6., and the office of the local unit of government having requested the proposed action. A charge may be assessed to cover reproduction and handling costs for requested copies of the EA or portions thereof.
SECTION 54. Trans 400.11 (5) (b) (intro.) is renumbered Trans 400.11 (5) (b) and amended to read:
Trans 400.11 (5) (b) Notice of availability of EA. A notice of availability of the EA shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice may be combined with the notice of opportunity for public hearing provided for under par. (c). The notice shall: as provided in sub. (8).
SECTION 55. Trans 400.11 (5) (b) 1. to 5. are repealed.
SECTION 56. Trans 400.11 (5) (c) is amended to read:
Trans 400.11 (5) (c) Notice of opportunity for to request a public hearing on EA.
A If the department determines to afford the opportunity for a public hearing on an EA under s. Trans 400.12 (4) (a), a notice of opportunity for to request a public hearing shall be published when the EA is completed and made available for inspection as provided for under par. (a). Publication of the notice shall be in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. Publication shall also be in the official state newspaper if the proposed action is of statewide interest. The notice shall invite submission of requests for a public hearing on the EA within 30 days after the date of publication of the notice. The notice shall include a description of the procedure for requesting a public hearing. SECTION 57. Trans 400.11 (7) is renumbered Trans 400.11 (7) (a) and amended to read:
Trans 400.11 (7) (a) The ER shall upon request be made available for inspection at the department’s central office, the appropriate department region office, and the office of the local unit of government having requested the proposed action. A Subject to par. (b), a notice of availability shall not be required for an ER. A charge may be assessed to cover reproduction and handling costs for requested copies of the ER.
SECTION 58. Trans 400.11 (7) (b) is created to read:
Trans 400.11 (7) (b) If the department determines to hold, or afford the opportunity for, a public hearing on an ER action under s. Trans 400.12 (4) (b), the department shall make the ER publicly available and provide notice of public availability under sub. (5) as if the ER were an EA. SECTION 59. Trans 400.11 (8) is created to read:
Trans 400.11 (8) NOTICE OF AVAILABILITY. (a) When an environmental document listed under par. (c) is made available to the public by the department, a notice of availability shall be published in the appropriate official local newspaper or in a newspaper of general circulation within the area affected by the proposed action. If the proposed action is of statewide interest, the notice shall also be published in the official state newspaper. The notice shall:
1. Briefly describe the proposed action.
2. Announce the completion and availability of the environmental document.
3. List the locations where the environmental document may be inspected.
4. Except in the case of a ROD or a combined FEIS and ROD document, invite the public to furnish written comments on the proposed action; indicate where comments are to be sent; and indicate the date that such comments must be submitted to the department as determined under par. (b).
(b) The comment period for specific environmental documents shall be as follows:
1. For a DEIS, the comment period may not be less, nor without cause longer than, 45 days after the date of the publication of the notice of availability.
2. If the department determines a separate FEIS and ROD are necessary under s. Trans 400.13 (1) (am), the comment period for the FEIS may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability. 3. For an EA, and for an ER if the department determines it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b), the comment period may not be less, nor without cause longer than, 30 days after the date of publication of the notice of availability. (c) A notice of availability shall be published for the following environmental documents:
1. SEE.
2. DEIS.
3. FEIS and ROD, or a combined FEIS and ROD. 6
4. EA.
5. ER, if the department determines that it will hold or afford the opportunity for a public hearing under s. Trans 400.12 (4) (b). (d) The notice of availability of the environmental document may be combined with other public notices required under this chapter.
SECTION 60. Trans 400.12 (3) (a) is amended to read:
Trans 400.12 (3) (a) Whenever a proposed action requires an EIS, the department shall hold a public hearing on the DEIS no sooner than 15 days after its notice of availability is published. The hearing shall be held prior to the determination of the recommended selection of the final course of action for the proposal, but the department may present a preferred alternative.
SECTION 61. Trans 400.12 (4) (title) is amended to read:
Trans 400.12 (4) (title) PUBLIC HEARING, OR OPPORTUNITY FOR PUBLIC HEARING, ON EA OR ER.
SECTION 62. Trans 400.12 (4) is renumbered Trans 400.12 (4) (a) and amended to read:
Trans 400.12 (4) (a) Unless EA procedures indicate the action is an EIS action, the department shall hold, or afford the opportunity for, a public hearing on an EA action prior to the issuance of a FONSI. A public hearing on an EA may be held by the department at the department’s discretion and shall be held if a request for such a hearing is received by the department within the time specified in the notice of opportunity for to request a public hearing provided for under s. Trans 400.11 (5) (c). (c) Whenever the department determines to hold a public hearing or approves a timely request for a public hearing under this subsection, the department shall proceed in the same manner as provided for a public hearing on a DEIS under sub. (3), except that the public hearing shall be held no sooner than 15 days after publication of the public hearing notice and the identity of the EA or ER shall be referenced in the public hearing notice.
SECTION 63. Trans 400.12 (4) (b) is created to read:
Trans 400.12 (4) (b) The department at its sole discretion may determine to hold a public hearing or afford the opportunity for a public hearing for ER actions. If the department determines to afford the opportunity for a public hearing for an ER action, the department shall follow EA procedures under par. (a).
SECTION 64. Trans 400.13 (1) (a) is repealed.
SECTION 65. Trans 400.13 (1) (am) is created to read:
Trans 400.13 (1) (am) To the maximum extent practicable, the department shall expeditiously develop a single document that consists of an FEIS and ROD, unless any of the following applies:
1. The FEIS makes substantial changes to the proposed action that are relevant to environmental or safety concerns.
2. There are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.
SECTION 66. Trans 400.13 (1) (b) (intro.) is amended to read:
Trans 400.13 (1) (b) (intro.) The record of decision, whether issued in combination with an FEIS or separately, shall contain the following information:
SECTION 67. Trans 400.13 (2) (a) is amended to read:
Trans 400.13 (2) (a) The decision to revise an EA to constitute a FONSI shall not be made until after the end of the 30−day comment period specified in the notice of availability of the EA provided for under s. Trans 400.11 (5) (b) (8). SECTION 68. Trans 400.13 (3) is created to read:
Trans 400.13 (3) ER. (a) Unless the department determines to hold, or afford the opportunity for, a public hearing under s. Trans 400.12 (4) (b), an approved ER document constitutes the department’s final decision on a proposed action.
