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. (b) When the department holds, or affords the opportunity for, a public hearing on an ER, the decision to revise an ER to constitute a final decision on a proposed action shall not be made until after the end of the comment period specified in the notice of availability of the ER provided for under s. Trans 400.11 (8). (c) If potentially significant impacts have not been identified during the ER availability period, the department shall revise the ER as appropriate and shall attach a summary of the public hearing, if a hearing was held, and a summary of any comments received and responses thereto. These items, along with a statement of no significant impact, shall constitute the final action determination document and the record of decision.
(d) If, at any point in the ER process, the department determines that the proposed action may have a significant impact on the quality of the human environment, an EIS shall be prepared before proceeding with the proposed action.
SECTION 69. Trans 400.14 (1) (a) is amended to read:
Trans 400.14 (1) (a) A reevaluation of a DEIS shall be prepared if 3 years have elapsed before the date of publication of the notice of availability of the FEIS provided for under s. Trans 400.11 (4). A reevaluation of a DEIS shall also be prepared any time prior to the date of publication of the notice of availability of the FEIS if, in the judgment of the department, there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If in either case the reevaluation indicates or confirms any such significant changes, a new environmental document or supplemental DEIS shall be prepared prior to proceeding with the proposed action. The supplemental DEIS shall be prepared and processed in the same manner as a DEIS under this chapter. Preparation of the supplemental DEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information. SECTION 70. Trans 400.14 (2) (a) is amended to read:
Trans 400.14 (2) (a) A reevaluation of a FEIS shall be prepared any time there have been, in the judgment of the department, significant changes in the proposed action, the affected human environment, the anticipated environmental impacts or the proposed mitigation measures. If the reevaluation confirms any such significant changes, a new environmental document or supplemental FEIS shall be prepared prior to proceeding with the proposed action. The supplemental FEIS shall be prepared and processed in the same manner as a FEIS under this chapter. Preparation of the supplemental FEIS shall not require withdrawal of previous approvals for those aspects of the proposed action not directly affected by the changed condition or new information.
SECTION 71. Trans 400.14 (3) is created to read:
Trans 400.14 (3) REVISION OF FINAL ACTION DOCUMENT. (a) The department may revise a final action document, including a ROD, FONSI, or ER, in order to do any of the following:
1.
Select a different alternative, if the new selected alternative is fully evaluated in theFEIS, EA, or ER to the same degree as the originally selected alternative.
2. Make substantial changes to mitigation measures or findings discussed in the final agency action.
(b) If the department revises a final action document under par. (a), those agencies that reviewed the FEIS, EA, or ER shall be given an opportunity to review and comment on the revised final action document. To the extent practicable, the approved revised final action document shall be provided to all persons, organizations, and agencies that received the FEIS, EA, or ER.
SECTION 72. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
