Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 1-9 - General › Chapter ATCP 3 - Program Administration; General › Subchapter I - Environmental mpact Statements and Assessments › Section ATCP 3.02 - Environmental assessments

Current through June 24, 2024
(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).