Wis. Admin. Code Department of Safety and Professional Services SPS 301.11

Current through August 26, 2024

Section SPS 301.11 - Action types

(1)

(a) Except as provided in sub. (2), Tables 301.11-1 and 301.11-2 specify the environmental action type for actions undertaken by the department.

(b)

1. An environmental type I action shall normally require the preparation of an environmental impact statement in accordance with s. SPS 301.22.

2. An environmental type II action indicates that an action cannot be categorized as either a environmental type I or type III action without additional information and shall normally require the preparation of an environment assessment in accordance with s. SPS 301.21.

3. An environmental type III action shall normally:

a. Not require the preparation of an environmental impact statement or environmental assessment;

b. Not require the need for additional environmental analysis; and

c. Require a record of decision indicating a categorical exclusion.

(2) No environmental analysis shall be undertaken by the department for any of the following:

(a) Actions exempted by statute.

(b) Emergency actions, including those under s. 227.24, Stats., to protect public health, safety, or welfare.

(c) Ancillary activities which are part of a routine series of related department actions.

(3) A proposed action to be undertaken by the department which is not described under s. SPS 301.10, Table 301.11-1 or Table 301.11-2 shall be evaluated as to its environmental action type and treated accordingly.

Table 301.11-1

Department Activities	Jurisdiction	Objectives	Environmental Action Type
Policy Development and Implementation	Amusement rides, tramways, lifts and tows	Establish design, construction, erection, operation and maintenance standards for public safety.	III
	Anhydrous ammonia systems	Establish design, construction, operation and maintenance standards for public safety.	III
	Buildings	Establish design, construction and maintenance standards for public safety and health.	III
		Establish soil erosion design, operation and maintenance standards for public health.	II
		Establish energy usage standards for future health and comfort relative to buildings.	II
		Establish sanitation design and usage standards for public health and comfort.	III
	Buildings	Establish accessible/usage standards for the physically disabled.	III
	Electrical systems	Establish design and installation standards for public safety.	III
		Establish design and illumination usage standards for public safety.	III
	Elevators	Establish design, construction, erection, operation and maintenance standards for public safety.	III
		Establish accessible/usage standards for the physically disabled.	III
	Fuels and fuel tank systems	Establish design, construction, operation and maintenance standards for public safety.	III
		Establish cleanup operation standards for public health, and groundwater and surface water protection.	II
		Establish product quality standards for consumer protection.	III
	HVAC systems	Establish construction, installation, operation and maintenance standards for public safety, health and comfort.	II
		Establish energy efficiency standards for future health and comfort relative to equipment.	II
	Mines, pits, quarries and explosives	Establish operation and maintenance standards for public safety.	III
		Establish noise operation standards for public safety and comfort.	II
	Plumbing systems	Establish design, installation, operation and maintenance standards for public safety and health relative to drain systems, vent systems and water supply systems.	II
		Establish wastewater recycling standards for public health relative to private onsite wastewater treatment systems.	II
	Pressure vessels	Establish construction, installation, operation and maintenance standards for public safety.	III
	Public employee safety	Establish operational process and procedure standards for public employee safety and health.	III
	Refrigeration systems	Establish construction, installation, operation and maintenance standards for public safety.	II
	Swimming pools	Establish design, construction, operation and maintenance standards for public safety and health.	III
	Individuals	Establish knowledge, skills and experience qualification standards for public safety and health relative to obtaining trade and occupational credentials.	III
	Businesses	Establish qualification or eligibility standards for obtaining credentials.	III
	Administrative processes	Establish service delivery procedures and processes for credentialing, plan review, evaluation services, permits to operate, financial aid, inspection, and consultation and training.	III
		Establish eligibility standards for obtaining financial aid relative to fuel tank systems and private onsite wastewater treatment systems.	II
Credentialing	Individuals and businesses	Evaluate applications documenting and communicating compliance or deficiencies relative to established qualification or registration standards.	III
Plan Review	Amusement rides, tramways, lifts and tows, Anhydrous ammonia systems, Buildings, Electrical systems, Elevators, Fuel tank systems, HVAC systems, Plumbing systems, Pressure vessels, Swimming pools	Evaluate proposed projects documenting and communicating compliance, discrepancies, deficiencies or inconsistencies relative to established design, construction, installation, operation, maintenance and usage standards.	III
Evaluation Services	Amusement rides, tramways, lifts and tows, Anhydrous ammonia systems, Buildings, Electrical systems, Elevators, Fuels, Fuel tank systems, HVAC systems, Plumbing systems, Pressure vessels, Swimming pools	Evaluate proposed products documenting and communicating compliance, discrepancies, deficiencies or inconsistencies relative to established design, manufacturing and operation standards.	III
Permits to Operate	Amusement rides, tramways, lifts and tows, Anhydrous ammonia systems, Buildings, Electrical systems, Elevators, Fuel tank systems, HVAC systems, Plumbing systems, Pressure vessels, Swimming pools	Evaluate applications documenting and communicating compliance or deficiencies relative to established qualification standards.	III
Consultation and Training	Amusement rides, tramways, lifts and tows, Anhydrous ammonia systems, Buildings, Electrical systems, Elevators, Employee safety, Fuels, Fuel tank systems, HVAC systems, Mines, pit, quarries and explosives, Plumbing systems, Pressure vessels, Swimming pools, Credentialing, Plan review, Evaluation services, Permits to operate, Consulting and training, Financial aid, Investigations, Auditing	Provide or respond to inquires relative to standards or administrative processes.	III
Financial Aid	Private onsite wastewater treatment systems, Fuel tank systems	Evaluate applications documenting and communicating compliance or deficiencies relative to established qualification standards.	III
Investigation	Individuals and businesses	Evaluate the activities and actions of individuals or businesses documenting and communicating compliance, discrepancies, deficiencies or inconsistencies relative to established credentialing standards or statutes.	III
	Amusement rides, tramways, lifts and tows, Anhydrous ammonia systems, Buildings, Electrical systems, Elevators, Employee safety, Fuels, Fuel tank systems, HVAC systems, Mines, pits, quarries and explosives, Plumbing systems, Pressure vessels, Swimming pools	Evaluate objects and sites documenting and communicating compliance, discrepancies, deficiencies or inconsistencies relative to established design, construction, installation, operation, maintenance and usage standards.	III
Auditing	Credentialing, Plan review, Evaluation services, Permits to operate, Consulting and training, Financial aid, Investigations	Evaluate the efficiency and effectiveness of the service delivery procedures and processes provided by the department's partners and of the use of financial aid funds.	III

Table 301.11-2

Department Activities	Jurisdiction	Objectives	Environmental Action Type
Facilities Development	(none)
Facility and Maintenance Operations	(none)
Financial Assistance	Administration of state and federal funds to businesses, local governments, non-profit organizations, regional planning commissions and individuals. (Other than the Financial Aid activities described in Table 301.11-1.)	Requires compliance with federal environmental review by applicant or recipient: *The department exercises no discretion in administering funds. *The department exercises some discretion in administering funds but is not the sole decision-maker. *The department exercises some discretion in administering funds and may involve a major action.	III III II
		No requirement for federal environmental review: *Funding for rehabilitation of existing structures: -Rehabilitation involves all or a major portion of existing properties and involves rezoning or a conditional use permit. -Rehabilitation involves all or a major portion of existing properties and does not require rezoning or a conditional use permit. *Funding for new development and may involve a major action. *Funding for planning and related activities.	II III II III
Policy Recommendations	Formulation of major programs, plans, policies and legislation, including budget proposals, directly affecting the economy and communities for which the department has primary implementation authority. (Other than the Policy Development and Implementation activities described in Table 301.11-1.)	II
	Provide technical assistance and advice on projects, plans, policies and legislation related to economic and community development.	III

Wis. Admin. Code Department of Safety and Professional Services SPS 301.11

Cr. Register, September, 1999, No. 525, eff. 10-1-99; correction in (1) (a), (b) 1., 2., (3), Table 301.11-2 made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.