Chapter NR 150

NR 150.20(3)(a)7. 7. Issuance, 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.

NR 150.20(3)(a)8. 8. Issuance or reissuance of an individual or general storm water permit under s. 283.33, Stats., and ch. NR 216.

NR 150.20(3)(a)9. 9. Reissuance or modification of any general permit.

NR 150.20(3)(a)10. 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.

NR 150.20(3)(b) (b) The department may determine under s. NR 150.35 that there is prior compliance for a specific action not listed in par. (a).

NR 150.20(4) (4) EIS actions and projects.

NR 150.20(4)(a) (a) EIS actions. The department shall comply with the EIS procedures in s. NR 150.30 for all actions not included under sub. (1m), (2), or (3).

NR 150.20(4)(b) (b) EIS projects. The department may follow the EIS procedures in s. NR 150.30 for projects of such magnitude and complexity that one or more of the following apply:

NR 150.20(4)(b)1. 1. The project involves multiple department actions.

NR 150.20(4)(b)2. 2. The project may be in conflict with local, state or federal environmental policies.

NR 150.20(4)(b)3. 3. The project may set precedent for reducing or limiting environmental protection.

NR 150.20(4)(b)4. 4. The project may result in deleterious effects over large geographic areas.

NR 150.20(4)(b)5. 5. The project may result in long-term deleterious effects that are prohibitively difficult or expensive to reverse.

NR 150.20(4)(b)6. 6. The project may result in deleterious effects on especially important, critical, or sensitive environmental resources.

NR 150.20(4)(b)7. 7. The project involves broad public controversy.

NR 150.20(4)(b)8. 8. The project may result in substantial risk to human life, health, or safety.

NR 150.20 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14; correction in numbering in (1) and (1m) made under s. 13.92 (4) (b) 1., Stats., (1) (title) added under s. 13.92 (4) (b) 2., Stats., corrections in (1m) (i) and (3) (a) 6. to 8., (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; EmR1517: emerg. am. (1), (1m) (a), (b), cr. (1m), (ge), (gm), (gs), am. (1m) (j), cr. (1m) (jg), (jr), am. (1m) (k), cr. (1m) (m) to (w), am. (2) (a) (intro.), cr. (2) (a) 2r., 3c., 3g., 3n., am. (2) (a) 4., renum. (2) (a) 5. to (a) 2g., am. (2) (a) 7., cr. (2) (a) 7e., 7m., 7s., am. (2) (a) 8., 10. to 14., 16., renum. (2) (a) 18. to (a) 3r. and am., cr. (2) (a) 18m., renum. (2) (a) 19. to (a) 3w., cr. (2) (a) 19m. to 22., am. (3) (a) (intro.), r. (3) (a) 4., 5., am. (3) (a) 6., 7., cr. (3) (a) 9., 10., am. (4) (b) (intro.), eff. 6-10-15; CR 15-037: am. (1), (1m) (a), (b), (d), cr. (1m), (ge), (gm), (gs), am. (1m) (j), cr. (1m) (jg), (jr), am. (1m) (k), cr. (1m) (m) to (w), am. (2) (a) (intro.), cr. (2) (a) 2r., 3c., 3g., 3n., am. (2) (a) 4., renum. (2) (a) 5. to (a) 2g., am. (2) (a) 7., cr. (2) (a) 7e., 7m., 7s., am. (2) (a) 8., 10.to 14., 16., renum. (2) (a) 18. to (a) 3r. and am., cr. (2) (a) 18m., renum. (2) (a) 19. to (a) 3w., cr. (2) (a) 19m. to 22., am. (2) (b), (3) (a) (intro.), 1., r. (3) (a) 4., 5., am. (3) (a) 6. to 8., cr. (3) (a) 9., 10., am. (4) (b) (intro.) Register December 2015 No. 720, eff. 1-1-16; correction in (1m) (w) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; CR 19-078: am. (2) (a) 21. Register May 2020 No. 773, eff. 6-1-20.

NR 150.30 NR 150.30 EIS action analysis.

NR 150.30(1) (1) Preparation of an environmental impact statement.

NR 150.30(1)(a) (a) Draft and Final EIS. The department shall prepare a draft EIS and a final EIS.

NR 150.30(1)(am) (am) Notification. As required by s. 23.40 (2), Stats., the department shall notify an applicant when the department determines that it will follow the detailed environmental analysis for EIS procedures for a proposed project.

NR 150.30(1)(b) (b) Purpose. The purpose of an EIS is to inform decision-makers and the public of the anticipated effects on the quality of the human environment of a proposed action or project and alternatives to the proposed action or project. The EIS is an informational tool that does not compel a particular decision by the agency or prevent the agency from concluding that other values outweigh the environmental consequences of a proposed action or project.

NR 150.30(1)(c) (c) Intent. The EIS shall address the entire proposed project including all related department actions. An EIS shall consider the proposed action or project, alternatives and anticipated environmental effects in a dispassionate manner, and may not advocate a particular position about a proposed action or project. The EIS shall provide a level of detail commensurate with the complexity of the action or project being evaluated.

NR 150.30(1)(d) (d) Authorship. The department is responsible for the accuracy and completeness of the EIS. However, any part of an EIS may be prepared by an applicant, the department, a consultant to the applicant or department, or another state, federal, tribal or local agency. In preparing an EIS, the department may rely on an EIR provided by an applicant pursuant to par. (g), documents prepared or relied upon by other agencies, or any other source of relevant information. The department shall disclose its information sources in compliance with sub. (2) (i).

NR 150.30(1)(e) (e) Format. While there is no specific format required for an EIS, the department shall use a format that substantially follows the guidelines issued by the U.S. council on environmental quality under 42 USC 4331, as required by s. 1.11 (2) (c), Stats. An EIS shall be written in plain language and should use appropriate graphics to aid decisionmakers and the public.

NR 150.30 Note Note: 42 USC 4331 was enacted as P.L. 91- 190 and is known as “the national environmental policy act.”

NR 150.30(1)(f) (f) Issue identification.

NR 150.30(1)(f)1. 1. The department shall consult with other agencies as provided under s. 1.11 (2) (d), Stats.

NR 150.30(1)(f)2. 2. The department may use a public scoping process. The process may consist of comment periods, meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

NR 150.30(1)(g) (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.

NR 150.30(1)(h) (h) Cooperation with other agencies. In developing an EIS, the department may cooperate with other state, federal, tribal or local agencies in accordance with s. NR 150.40 (2).

NR 150.30(1)(i) (i) Consultant services. The department may enter into contracts for environmental consultant services under s. 23.41 (3), Stats., to assist the department in the preparation of an environmental impact statement or to provide pre-application services as provided under s. 23.40 (5), Stats.

NR 150.30(1)(j) (j) Conflicting procedures. The department may follow procedures for environmental review and analysis other than those contained in this chapter if the procedural requirements of this chapter conflict with statutory review procedures or with procedures and rules of another agency that is the lead agency for the environmental analysis. If other procedures for environmental review and analysis are followed, the department shall comply with this chapter to the maximum extent feasible.

NR 150.30(2) (2) EIS content. An EIS shall emphasize environmental issues relevant to the evaluation of the action and provide a level of detail commensurate with the complexity of the action. As required by s. 1.11 (2) (c), Stats., the EIS shall include all of the following:

NR 150.30(2)(a) (a) A description of the proposed project that includes all the following:

NR 150.30(2)(a)1. 1. Project location.

NR 150.30(2)(a)2. 2. Type of facilities.

NR 150.30(2)(a)3. 3. Time schedules.

NR 150.30(2)(a)4. 4. Maps and diagrams.

NR 150.30(2)(a)5. 5. Other information that the department deems necessary.

NR 150.30(2)(b) (b) A description of the purpose of the proposed project.

NR 150.30(2)(c) (c) A list of known state, federal, tribal, and local approvals required for the proposed project.

NR 150.30(2)(d) (d) A summary of the process used to identify major issues and the issues identified for detailed analysis.

NR 150.30(2)(e) (e) A list of reasonable alternatives to the proposed project, particularly those that might avoid all or some of the adverse environmental effects of the project, including a description of proposed preventive and mitigating measures and an explanation of the criteria used to discard certain alternatives from additional study.

NR 150.30(2)(f) (f) A description of the human environment that will likely be affected by the proposed project and alternatives to the proposed project.

NR 150.30(2)(g) (g) An evaluation of the probable positive and negative direct, secondary and cumulative effects of the proposed project, and alternatives to the proposed project, on the human environment, including all the following:

NR 150.30(2)(g)1. 1. Effects on scarce resources such as: archeological, historic or cultural resources, scenic and recreational resources, prime farm lands, threatened or endangered species, and ecologically critical areas.

NR 150.30(2)(g)2. 2. A summary of the adverse environmental effects which cannot be avoided.

NR 150.30(2)(g)3. 3. Consistency with plans or policies of local, state, federal, or tribal governments.

NR 150.30(2)(g)4. 4. The relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources.

NR 150.30(2)(g)5. 5. The potential to establish a precedent for future actions or to foreclose future options.

NR 150.30(2)(g)6. 6. The degree of risk or uncertainty in predicting environmental effects or effectively controlling potential deleterious environmental impacts, including those relating to public health or safety.

NR 150.30(2)(g)7. 7. The degree of controversy over the effects on the quality of the human environment.

NR 150.30(2)(h) (h) Identification of information that is incomplete or unavailable and a description of the relevance of such information.

NR 150.30(2)(i) (i) Sources of information or verbiage.

NR 150.30(3) (3) Draft EIS — public review.

NR 150.30(3)(a) (a) Document publication. The department shall publicly announce that the draft EIS is available for public comment and shall make the draft EIS available in a manner determined by the department and as required under s. 1.11 (2) (d), Stats., and s. NR 150.50. Copies of the draft EIS shall be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs for requests for copies of documents. The announcement also may be distributed to the following entities:

NR 150.30(3)(a)1. 1. All local and regional units of government which have jurisdiction over the area that may be affected by the proposed project or reasonable alternatives to the proposed project.

NR 150.30(3)(a)2. 2. Information outlets accessible in the local, regional, or statewide areas affected by the proposed project.

NR 150.30(3)(a)3. 3. Groups, clubs, committees, or individuals that have demonstrated an interest in and requested receipt of this type of information.

NR 150.30(3)(a)4. 4. All participants in the scoping process not listed in subds. 1 to 3.

NR 150.30(3)(b) (b) Public announcement content. The public announcement shall include: a brief description of the proposed project, a brief description of the administrative procedures to be followed under this chapter, the date by which public comments on the draft EIS are to be submitted to the department, the name and address of a contact within the department who will receive comments and respond to questions, and the locations where copies of the draft EIS are available for review.

NR 150.30(3)(c) (c) Public comment period.

NR 150.30(3)(c)1. 1. Unless otherwise provided by law, the department shall provide a minimum of 30 days after the date the draft EIS is publicly announced to receive comments from other agencies and the public.

NR 150.30(3)(c)2. 2. Unless otherwise provided by law, the department may grant reasonable requests from any person to extend the comment period for the draft EIS.

NR 150.30(3)(c)3. 3. The public comment period may be extended for a minimum of 7 days after the date the hearing is held pursuant to par. (d).

NR 150.30(3)(d) (d) Hearing. 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 hearing held pursuant to this paragraph shall be publicly announced and noticed in a manner consistent with s. 1.11 (2) (d), Stats.

NR 150.30 Note 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.”

NR 150.30 Note Note: A public hearing required by another statute fulfills s. 1.11 (2) (d), Stats.

NR 150.30(4) (4) Final EIS.

NR 150.30(4)(a) (a) Preparation. Following the public review period on the draft EIS, the department shall prepare a final EIS.

NR 150.30(4)(b) (b) Content. The final EIS shall include the draft EIS, a summary of the comments received on the draft EIS and the department’s response to the comments. The final EIS may include revisions to draft EIS text or figures and may vary from the draft EIS in scope based on comments received on the draft EIS or other pertinent information that becomes known to the department.

NR 150.30(4)(c) (c) Final EIS publication. The final EIS shall be made publicly available under s. NR 150.50. Copies of the final EIS shall be provided to any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs for requests for copies of documents.

NR 150.30 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14; correction in numbering in (1), (4) made under s. 13.92 (4) (b) 1., Stats., (1) (a) (title), (4) (a) (title) added under s. 13.92 (4) (b) 2., Stats., Register March 2014 No. 699; EmR1517: emerg. am. (1) (g), (3) (c) 3., (d), eff. 6-10-15; CR 15-037: am. (1) (g), (2) (b), (3) (c) 3., (d) Register December 2015 No. 720, eff. 1-1-16.

NR 150.35 NR 150.35 WEPA Compliance determination.

NR 150.35(1) (1) Actions under s. NR 150.20 (2) to (4) may not be taken until a determination is 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.

NR 150.35(1m) (1m) For any EIS under s. NR 150.20 (4) and determination under s. NR 150.20 (2) (b) and (3) (b), the department shall 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.

NR 150.35(2) (2) For actions under s. NR 150.20 (2) (a) and (3) (a), the department may publicly announce the WEPA determination or provide notice in accordance with the public notification requirements for the proposed permit or approval document.

NR 150.35 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14; correction in numbering in (1), (1m) made under s. 13.92 (4) (b) 1., Stats., Register March 2014 No. 699; EmR1517: emerg. am., eff. 6-10-15; CR 15-037: am. Register December 2015 No. 720, eff. 1-1-16.

NR 150.40 NR 150.40 Cooperation with other agencies.

NR 150.40(1) (1) Review of other agency environmental analyses. The department may comment on the environmental analyses prepared by other state and federal agencies for WEPA or NEPA compliance. To the extent possible, the department shall review and comment on each relevant environmental analysis within the time period specified by the sponsoring or lead agency. The department may reply that it has no comment and should so reply when it is satisfied that its views are adequately reflected in the environmental analysis.

NR 150.40(2) (2) Interagency procedures on proposed actions involving NEPA or WEPA.

NR 150.40(2)(a) (a) The department may conduct an environmental review process jointly with another state, federal or local agency. The joint process shall meet the requirements of this chapter and may be determined by law, interagency consultation or written agreement.

NR 150.40(2)(b) (b) The department may adopt an environmental analysis prepared by another agency as the department’s EIS on the proposed action if the environmental analysis substantially meets the requirements of s. NR 150.30. The department shall comply with the public review requirements in s. NR 150.30 (3), publish a determination on the proposed action under s. NR 150.35, and make all associated documents available to the public under s. NR 150.50.

NR 150.40 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14.

NR 150.50 NR 150.50 Document retention and management. The department shall maintain a publicly accessible and searchable record system to provide public access to public announcements, strategic analyses, EIS analyses, and WEPA compliance determinations prepared by the department in compliance with this chapter. The record system shall be maintained in a manner consistent with the department’s record retention policy.

NR 150.50 History History: CR 13-022: cr. Register March 2014 No. 699, eff. 4-1-14.