Frequently Asked Questions: WEPA

WEPA Frequently Asked Questions

What is the Wisconsin Environmental Policy Act (WEPA)?

The Wisconsin Environmental Policy Act (WEPA) is a state-level environmental regulation that requires state agencies to consider the environmental impacts of their actions and decisions, including permitting decisions, rule-making, and infrastructure projects. WEPA aims to ensure informed decision-making and public participation in the environmental review process.

What types of activities and entities are regulated under WEPA?

WEPA applies to a wide range of activities and entities that have the potential to significantly impact the environment, including:

• State agencies and departments
• Local governments and municipalities
• Public and private entities receiving state funding or requiring state permits

The types of activities subject to WEPA review include construction and infrastructure projects, land use planning and zoning decisions, natural resource management activities, permitting for industrial facilities and operations, and adoption of new policies, rules, or regulations by state agencies.

What are the key provisions of WEPA?

The main provisions of WEPA include:

• Statement of legislative intent and purpose (Wis. Stat. § 1.11(1))
• Procedural duties and information required (Wis. Stat. § 1.12)
• Powers and duties of the Wisconsin Natural Resources Board (Wis. Stat. § 1.95)

These provisions outline the regulation's purpose, applicability, and requirements, including the preparation of Environmental Impact Statements (EIS) and Environmental Assessments (EA) for actions that may significantly affect the environment.

What are the prohibited activities under WEPA without proper environmental review and approval?

Under WEPA, the following activities are prohibited without proper environmental review and approval:

1. Actions significantly affecting the quality of the human environment
2. Actions impacting critical environmental resources
3. Actions involving the use of state funds or state-owned properties

These prohibitions ensure that state agencies and other regulated entities carefully consider the environmental consequences of their actions and take appropriate steps to minimize negative impacts on Wisconsin's natural resources and human health.

What are the regulatory standards and limitations established by WEPA?

WEPA establishes various standards and limitations to protect the environment and public health, which may include emissions limits for air and water pollutants, performance standards for certain industrial processes, and other relevant metrics. The specific standards and limitations applicable to a given project depend on factors such as the type and scale of the development, its location, and the potential environmental impacts identified through the WEPA review process.

What are the monitoring, reporting, and recordkeeping obligations under WEPA?

Under WEPA, regulated entities are typically required to:

• Conduct regular monitoring of their environmental performance and impacts
• Submit regular reports to the relevant state agencies, documenting compliance with applicable standards and providing data on environmental performance
• Maintain detailed records of environmental performance, monitoring data, and compliance activities

The specific monitoring, reporting, and recordkeeping requirements vary depending on the nature and scale of the development and the potential environmental impacts identified through the WEPA review process.

What are the potential enforcement actions and penalties for WEPA violations?

Violations of WEPA standards, limitations, or other requirements may result in enforcement actions by the relevant state agencies, such as the Wisconsin Department of Natural Resources (WDNR). These actions can include:

• Notices of violation
• Administrative orders
• Civil and criminal penalties

The severity of the enforcement action depends on the nature and severity of the violation. To avoid enforcement, developers should prioritize proactive compliance with WEPA standards and requirements and engage early and often with the relevant state agencies.

What are some recent developments in WEPA?

Recent developments in WEPA include:

• The 2018 Wisconsin Supreme Court decision in Clean Wisconsin, Inc. v. Department of Natural Resources, which ruled that the DNR has the authority to consider the cumulative environmental impacts of high-capacity wells when reviewing permit applications
• The passage of 2017 Wisconsin Act 134, which amended WEPA to streamline the environmental review process for certain types of projects

Developers should stay informed about ongoing efforts to modernize and clarify the WEPA regulations, as well as potential future amendments that may require a more explicit consideration of climate change and environmental justice issues in the environmental review process.

How can developers determine if their project is subject to WEPA?

Developers should work closely with the relevant state agencies, such as the Wisconsin Department of Natural Resources, to determine whether their project is subject to WEPA. Key factors to consider include the type and scale of the development, its location, and the potential environmental impacts. Consulting the full text of WEPA and related regulations can also help developers understand the applicability of the act to their specific project.

What are the key factors that influence the timeline and complexity of complying with WEPA?

The timeline and complexity of complying with WEPA can vary depending on several factors, such as:

• The nature and scale of the project
• The potential environmental impacts identified through the WEPA review process
• The level of public interest and participation in the review process
• The efficiency and responsiveness of the relevant state agencies in conducting the environmental review

Developers should engage early with the relevant state agencies and maintain open communication throughout the process to help manage the timeline and complexity of WEPA compliance.

What are the most important components of a successful compliance strategy for WEPA?

A successful compliance strategy for WEPA should include:

• Early and ongoing engagement with the relevant state agencies
• Thorough understanding of the specific standards, limitations, and requirements applicable to the project
• Proactive monitoring, reporting, and recordkeeping to demonstrate compliance
• Prompt and transparent communication with agencies in the event of a violation or non-compliance issue
• Commitment to corrective action and continuous improvement in environmental performance

By prioritizing these components, developers can minimize the risk of enforcement actions and maintain a positive relationship with the relevant state agencies.

What are the most common pitfalls to avoid when navigating the compliance process for WEPA?

Some common pitfalls to avoid when navigating the compliance process for WEPA include:

• Failing to engage early and consistently with the relevant state agencies
• Underestimating the potential environmental impacts of the project
• Inadequate monitoring, reporting, or recordkeeping to demonstrate compliance
• Delayed or incomplete response to agency requests for information or corrective action
• Lack of transparency or proactive communication with agencies and stakeholders

By being aware of and avoiding these pitfalls, developers can streamline the compliance process and minimize the risk of enforcement actions or project delays.

How can developers prepare for and manage public participation and stakeholder engagement related to WEPA?

Developers can prepare for and manage public participation and stakeholder engagement related to WEPA by:

• Developing a comprehensive stakeholder engagement plan early in the project planning process
• Identifying and prioritizing key stakeholders, including local communities, environmental organizations, and other interested parties
• Providing clear, accessible, and timely information about the project and its potential environmental impacts
• Hosting public meetings, workshops, and other forums for stakeholder input and dialogue
• Responding promptly and transparently to stakeholder concerns and feedback
• Incorporating stakeholder input into project planning and decision-making, where appropriate

By proactively engaging with stakeholders and managing public participation, developers can build trust, minimize conflicts, and ensure a more successful and sustainable project outcome.

What are the ongoing compliance obligations for projects subject to WEPA?

Ongoing compliance obligations for projects subject to WEPA may include:

• Regular monitoring of environmental performance and impacts, such as emissions testing, water quality sampling, or wildlife surveys
• Submission of periodic reports to the relevant state agencies, documenting compliance with applicable standards and providing data on environmental performance
• Maintenance of detailed records of environmental performance, monitoring data, and compliance activities
• Prompt reporting of any violations or non-compliance issues to the relevant state agencies
• Implementation of corrective actions or additional mitigation measures, as required by the agencies
• Continuous improvement in environmental performance and responsiveness to stakeholder concerns

Developers should work closely with the relevant state agencies to understand and fulfill their ongoing compliance obligations under WEPA.

What resources are available to help developers navigate the WEPA process?

Several resources are available to help developers navigate the WEPA process, including:

• The Wisconsin Environmental Policy Act (WEPA) Full Text, available on the Wisconsin State Legislature website
• The Wisconsin Department of Natural Resources' WEPA webpage, which provides updates, announcements, and guidance documents
• Industry associations and professional networks that can provide knowledge-sharing and best practices
• Conferences, workshops, and training sessions focused on environmental review and compliance

By leveraging these resources and staying informed about regulatory developments, developers can more effectively navigate the WEPA process and ensure successful project outcomes.