Section ATCP 3.02 - Environmental assessments(1) REQUIREMENT; ACTIONS SUBJECT TO ASSESSMENT. Before undertaking any of the following actions, the department shall prepare an environmental assessment on the proposed action, as provided in sub. (3). (a)Pesticide rules. The adoption, amendment or repeal of any rule governing the manufacture, distribution or use of pesticides, if the adoption, amendment or repeal of the rule may affect the quality of the human environment, such as by permitting a new pesticide or pesticide use.(b)Pesticide permits. The issuance of any permit authorizing the manufacture, sale, distribution, storage, or use of a pesticide if the activity would be prohibited by law in the absence of a permit. This includes the issuance of special use permits under s. ATCP 30.10, emergency use permits under s. ATCP 29.70, experimental use permits under s. ATCP 29.71, special local needs registrations under s. ATCP 29.72, and crisis exemptions under the federal insecticide, fungicide, and rodenticide act (7 USC 136p). It does not include the issuance of a license, permit, or certification under s. ATCP 29.10, 29.15, 29.20, 29.25, 29.26, or 29.27.(c)Pesticide and biological control agents; application. The application or use, by the department or its agents, of any pesticide or biological control agent for the purpose of controlling plant pest infestations, or the adoption of a general plan or program for the use of pesticides or biological control agents by the department.(d)Biological control agents; permits and authorizations. The adoption of any rule, or the issuance of any permit authorizing the sale, movement or use of biological control agents, or pests as defined in s. 93.01(10), Stats., if, in the absence of the rule or permit, the sale, use or movement would be prohibited by law.(e)Soil erosion control plans; rules. The adoption, amendment or repeal of rules establishing substantive criteria for the approval of county soil erosion control plans under s. 92.10, Stats., if the adoption, amendment or repeal of the rule may significantly affect the quality of the human environment.(h)Soil and water resource management; grant allocation plan. Approval of an annual soil and water resource management grant allocation plan under s. 92.14, Stats., and s. ATCP 50.28.(i)Soil and water resource management grants; rules. The adoption, amendment or repeal of rules establishing substantive funding criteria for the allocation of soil and water resource management grants under s. 92.14, Stats., if the adoption, amendment or repeal of those rules may significantly affect the quality of the human environment.(j)Ordinance; rules. The adoption, amendment or repeal of rules establishing substantive criteria for the approval of manure storage ordinances under s. 92.16, Stats., or shoreland management ordinances under s. 92.17, Stats., if the adoption, amendment or repeal of those rules may significantly affect the quality of the human environment.(m)Manure storage facilities; standards. The adoption, amendment or repeal of rules establishing standards for the construction of manure storage facilities under s. 92.16, Stats., if the adoption, amendment or repeal of those rules may significantly affect the quality of the human environment.(n)Weather modification permits. The issuance of any weather modification permit under s. 93.35(6), Stats.(o)Rendering plant license. The issuance of any license for the initial establishment and construction of a rendering plant or dead animal processing plant under s. 95.72, Stats.(p)Animal or food processing wastes; disposal directed by department. The adoption of any rule, or the issuance of any order prescribing the ultimate disposal location or manner of ultimate disposal, into the environment, of animal carcasses, animal wastes, or dairy and food processing wastes, if the disposal may significantly affect the quality of the human environment. This does not apply to normal waste disposal through sewer or waste-pickup systems; to disposals which are specifically approved or supervised by the department of natural resources; or to disposals made in compliance with applicable rules of the department or the department of natural resources.(q)Toxic substances; disposal by department. Department disposal of pesticides or other hazardous materials, including hazardous laboratory chemicals. This does not apply to disposals which are specifically approved or supervised by the department of natural resources, or made in accordance with applicable rules of the department of natural resources.(r)Heavy metal compounds; required use for preservation of composite milk samples. The requirement, by rule or otherwise, that any heavy metal compound, including potassium dichromate, be used as a composite milk sample preservative.(s)Distribution of mobile air conditioners using ozone-depleting refrigerant; waiver. Granting any manufacturer or distributor of mobile air conditioners a waiver, under s. 100.45(2) (b), Stats., from the application of s. 100.45(2) (a), Stats., which restricts the distribution of mobile air conditioners using ozone-depleting refrigerant.(t)Drainage district construction or restoration projects; approval.The approval of a drainage district construction or restoration project if the department is required to prepare an environmental assessment on that approval under s. ATCP 48.38(4).(2) ACTIONS NOT REQUIRING ENVIRONMENTAL ASSESSMENT.(a)General. Department actions not specified under sub. (1) do not normally require an environmental assessment, except as otherwise determined by the department under par. (b). Note: A comprehensive summary of the department actions is available from the department upon request. Requests may be directed to the Wisconsin Department of Agriculture, Trade and Consumer Protection; Legal Section; 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911. Requests should specify the current version of the document entitled SUMMARY OF DEPARTMENT PROGRAMS.
(b)Exceptions. Notwithstanding par. (a), the department shall prepare an environmental assessment on a proposed action if the department finds that: 1. The action may be a major action significantly affecting the quality of the human environment within the meaning of s. 1.11(2) (c), Stats., and that an environmental impact statement may be required; or2. The action involves unresolved conflicts concerning the use of available resources within the meaning of s. 1.11(2) (e), Stats., such that the department is required to study, develop and describe alternatives to the proposed action, and the department has not studied, developed, and described alternatives in writing by other means.(c)Emergency. Where emergency action by the department is necessary to protect the public health, safety or welfare, the department shall comply with this section to the maximum extent feasible under the emergency circumstances.(3) FORM AND CONTENT OF ASSESSMENTS. (a) Environmental assessments of proposed actions shall be prepared in writing, and signed by the administrator of the division proposing to take the action or the administrator's designee. Assessments shall briefly identify and describe: 1. The nature and purpose of the proposed action.2. The foreseeable environmental effects of the proposed action, including immediate and long-term effects, direct and indirect effects, and cumulative effects when combined with other actions. The description shall include, to the extent feasible, preliminary quantitative estimates of the extent and probability of the effects.3. The persons, groups or agencies that will be directly or significantly affected by the proposed action, and how they will be affected.4. The significant economic or social effects which may result from the proposed action, including both positive and negative effects.5. The controversial public issues, if any, which may be associated with the proposed action.6. Possible alternatives to the proposed action, including the alternative of taking no action.7. Possible measures that could be taken in connection with the proposed action to mitigate adverse environmental effects.(b) Based on the information set forth pursuant to par. (a), the environmental assessment shall contain a written conclusion stating whether the proposed action is, or is not, a major action significantly affecting the quality of the human environment, and whether an environmental impact statement is required under s. 1.11(2) (c), Stats., and s. ATCP 3.03. In making this determination, the department shall consider the extent, probability, location, seriousness and duration of the environmental effects; the extent to which the effects are irreversible or cumulative in nature; the extent to which the proposed action may foreclose future uses of available resources; and the consistency of the proposed action with state or federal environmental laws and policies. (c) A class of 2 or more proposed actions, including repeated similar actions, may be covered by a single environmental assessment of generalized form, provided that the actions are substantially similar in relevant respects, and have substantially similar effects on the human environment.(4) NOTICE OF ASSESSMENT. Before undertaking an action to which an environmental assessment pertains, the department shall make reasonable efforts to give notice of the completed assessment to persons who are directly interested in or affected by the proposed action. Notice shall be given to news media serving the area affected by the proposed action, and may also be published in the administrative register. Notice shall include a description of the proposed action; the results of the completed assessment; the name of a person in the department who may be contacted concerning the assessment; and, to the extent that a comment period is practicable, a time period for comment on the assessment.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 3.02
Cr. Register, November, 1986, No. 371, eff. 12-1-86; cr. (1) (s), Register, March, 1991, No. 423, eff. 4-1-91; cr. (1) (t), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (g) to (j), (m), r. (1) (f), (k), (L), Register, November, 1996, No. 491, eff. 12-1-96; am. (1) (b), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (s) made under s. 13.93(2m) (b) 7, Stats., Register, March, 1999, No. 519; CR 01-090: am. (1) (h), Register September 2002 No. 561, eff. 10-1-02; correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register June 2013 No. 690.Amended by, CR 19-056: r. (1) (g) Register March 2020 No. 771, eff. 4/1/2020