Wisconsin Administrative Code
Public Service Commission
Chapter PSC 4 - Environmental analysis
Section PSC 4.30 - Environmental impact statement procedures

Universal Citation: WI Admin Code ยง PSC 4.30

Current through August 26, 2024

(1) GENERAL INFORMATION.

(a) An EIS shall inform the commission and the public of significant environmental impacts of a proposed action and its alternatives, and reasonable methods of avoiding or minimizing adverse environmental effects. The environmental analysis shall be consistent with the regulations issued by the U.S. council on environmental quality, 40 CFR Parts 1500 to 1508.

(b) Each EIS shall evaluate reasonably foreseeable, significant effects to the human environment and significant socioeconomic effects of the proposal and its alternatives. If information relevant to evaluating these effects is incomplete or unavailable, the EIS shall:
1. Indicate the availability of the information.

2. Describe the information's relevance.

3. Summarize available, credible scientific evidence that is relevant to the evaluation.

4. Evaluate effects based upon theoretical approaches or research methods generally accepted in the scientific community.

(c) For each action requiring an EIS, the commission shall prepare both a draft EIS and a final EIS.

(2) SCOPING. Scoping shall begin early in the process of preparing an EIS. The commission shall request any person it believes is interested in a proposed action to participate in scoping the proposed action. Scoping is an aid to help the commission identify all of a project's relevant environmental concerns and reasonable alternatives. Scoping may be achieved by means of meetings, hearings, workshops, surveys, questionnaires, interagency committees, requests for written comments, and other methods and combinations of methods that the commission considers appropriate. The commission may also integrate scoping with other public participation requirements.

(3) CONTENT. Based on information obtained from the project applicant, scoping, site inspection, commission research, governmental agencies and other relevant sources, an EIS shall include:

(a) A description of the proposed action and the affected environment and other relevant information.

(am) A description of the purpose of the proposed action and of the need for the proposed action.

(b) An analysis of the probable impact of the proposed action on the environment, including:
1. An evaluation of positive and negative effects on the affected local and regional environments, including the proposed action's direct, indirect and cumulative environmental effects.

2. An analysis of any probable adverse environmental effects that would be unavoidable if the action is approved. This analysis shall consider:
a. The proposed action's short-term and long-term effects.

b. Any irreversible and irretrievable commitments of resources.

3. A statement of how other adverse effects could be mitigated or prevented if the commission approves a proposed action.

(c) An evaluation of the reasonable alternatives to the proposed action and significant environmental consequences of the alternatives, including those alternatives that could avoid some or all of the proposed action's adverse environmental effects and the alternative of taking no action.

(d) A proposed action's socioeconomic effects.

(e) A proposed action's effect on energy usage, including an evaluation of the technical feasibility of alternatives, pursuant to s. 1.12, Stats.

(f) An evaluation of the archeological, architectural and historic significance of any affected resources. This evaluation shall include consultation with the state historical society of Wisconsin.

(g) An evaluation of the effects of a proposed action on agriculture. If the proposed action may result in condemnation of farmland, the commission shall coordinate preparation of an EIS with the Wisconsin department of agriculture, trade and consumer protection. To the extent possible, an EIS for a proposed action that affects agriculture shall incorporate the provisions of an agricultural impact statement under s. 32.035(4), Stats., so the EIS can also serve the functions of an agricultural impact statement under s. 32.035(3), Stats.

(h) A summary of the scoping process used and the major issues identified for analysis in the EIS.

(4) DRAFT ENVIRONMENTAL IMPACT STATEMENTS.

(a) A draft EIS is a preliminary document, clearly describing a proposed project and the alternatives being considered so that other persons can begin assessing the environmental effects of the proposal.

(b) Each draft EIS shall include a preliminary evaluation of the information described in sub. (3).

(c) The commission shall distribute a copy of each draft EIS to:
1. The governor.

2. Each county, state or federal agency and each Indian tribe the commission knows has special expertise or interest in the proposed project.

3. The state historical society of Wisconsin library.

4. The Wisconsin legislative reference bureau.

5. Each of the regional depository libraries.

6. The Wisconsin department of natural resources.

7. The project applicant.

8. Any person who requests a copy.

9. For a proposed action affecting a local area:
a. The public library nearest to the proposed project.

b. The county and the town or municipality chief executive officer for the project area.

c. Each regional, county and town or municipal planning agency with jurisdiction over the project area.

d. The Wisconsin department of natural resources field office with jurisdiction over the project area.

10. For a proposed action affecting a region of the state or the state as a whole:
a. One or more public libraries whose geographic distribution provides public access without undue travel.

b. The chief executive officer of each county in the project area.

c. Each regional planning commission and each county planning or zoning agency with jurisdiction over the project area.

d. Each Wisconsin department of natural resources field office with jurisdiction over the project area.

(d) The commission shall notify the public about the availability of the draft EIS. The notice shall include a description of the proposed action and of the administrative procedures to be followed, the last date to submit comments on the draft EIS to the commission, the locations where copies of the draft EIS are available for review, the commission's contact person and, if known, the date of the public hearing. The commission shall deliver a copy of the notice to:
1. Any person with a demonstrated interest in the draft EIS or who has requested to receive this type of information.

2. Any person who participated in scoping the EIS.

3. For a proposed action affecting a local area:
a. The nearest public library.

b. The county clerk and the town or municipal clerk for the project area, with a request that the clerks post the notice publicly.

c. The county, town, village or city chief executive officer in the project area.

d. Local news media.

e. The regional planning commission.

4. For a proposed action affecting a region of the state or the state as a whole:
a. The public libraries specified in par. (c) 10.

b. The county clerks in the proposed project area, with a request that the clerks post the notice publicly.

c. The county chief executive officers in the proposed project area.

d. Regional news media.

(e)
1. Except as provided in subd. 2., the commission shall allow the public at least 45 days, commencing with the date the draft EIS is mailed or personally served, to comment on the draft EIS.

2. The commission may shorten the public review period under subd. 1. for cause. If so, the commission shall include in its notice under par. (d) a statement calling attention to the reduced review period, specifying the date comments on the draft EIS are due to the commission in order to be considered in developing a final EIS, and describing the reasons why the commission decided to shorten the review period. The commission may also grant reasonable requests to extend the comment period.

(5) FINAL ENVIRONMENTAL IMPACT STATEMENTS.

(a) Following the public review period on a draft EIS, the commission shall prepare a final EIS. The final EIS 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 commission. The final EIS shall contain the information described in sub. (3).

(b) The commission shall distribute a copy of the final EIS to the same persons who received a copy of the draft EIS under sub. (4) (c), and to any other person who requests a copy of the draft EIS or comments on the draft EIS.

(c) The commission shall notify the public about the availability of the final EIS in the manner specified for a draft EIS under sub. (4) (d), or by including a statement in a notice of hearing.

(d)
1. Except as provided in subd. 2., the commission shall distribute copies of the final EIS to the public and announce its availability at least 30 days before it holds a public hearing on the proposed action. The review period required under this paragraph commences with the date a final EIS is distributed.

2. The commission may shorten the public review period under subd. 1. for cause. If so, the commission shall include in its notice under par. (c) a statement calling attention to the reduced review period, and describing the reasons why the commission decided to shorten the review period. The commission may also grant reasonable requests to extend the public review period.

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