FOREWORD 

Adoption of these rules culminates a three year process 

initiated in 1981, when the legislature established the 

Commission on Environmental Policy. The commission 

was directed to study the State Environmental Policy 

Act (SEPA, Chapter 43.21C RCW) and the SEPA 

guidelines (Chapter 197-10 WAC). The intent of the 

study was to recommend changes to the act and/or the 

guidelines that would reduce paperwork, duplication and 

delay; simplify the rules and increase certainty; and improve environmental decision making, including public 

involvement. In its report the commission recommended 

amendments to the act and a rewrite of the rules, with 

Chapter 197-10 WAC being repealed and a new Chapter 

197-11 being adopted. 

In amending SEPA in 1983, the legislature directed the 

Department of Ecology to adopt rules interpreting and 

implementing SEPA and providing uniform rules applying to all branches of government in the state. The departInent circulated the Commission on Environmental 

Policy's draft of proposed rules for review and comment 

in September 1983. 

After receiving and evaluating 100 individual letters and 

public hearing testimony, the department revised the 

proposed Chapter 197-11 WAC and circulated it for review and comment in December 1983. 

On January 26, 1984, the department adopted Chapter 

197-11 WAC and repealed Chapter 197-10 WAC. The 

new rules became effective on April 4, 1984. 

All agencies must adopt their own SEPA procedures by 

October 1, 1984. After that date, these statewide rules 

apply if an agency has not adopted SEPA procedures 

pursuant to these rules. 

If you have any questions regarding these rules or the 

department's annual SEPA workshops and handbook, 

call the Environmental Review Section; the phone number is (206) 459-6026. 
•••••

SUMMARY OF THE SEPA PROCESS
 

This summary is included to help the reader and the 

general public understand SEPA and the SEPA rules. It 

provides information only and is not regulatory. Some 

cross-references are given, but the reader should refer to 

the index for more complete direction. 

Substantive Policy Mandate. SEPA is intended to help 

everyone make better environmental decisions. SEPA 

contains specific substantive policies and goals which apply to actions of all levels of government within the state. 

(RCW 43.21C.020; RCW 43.21C.030(1).) SEPA works 

together with other laws to accomplish its mandate. 

(RCW 43.21C.050; RCW 43.21C.060.) 

Procedural Mandate. The requirements of the act apply 

to all agencies, including local governments, but not the 

judiciary or state legislature. When agencies take certain 

actions, they must follow specific procedures to assure 

that they give appropriate consideration to environmental factors and carry out the act's substantive policies. 

(RCW 43.21C.030(2).) 

Environmental Significance. The act's procedural provisions distinguish between actions that are likely to have 

"significant" environmental impacts and actions that are 

not. (RCW 43.21C.030(2)(c); RCW 43.21C.031; RCW 

43.21C.II0.) Actions likely to have significant adverse 

environmental impacts are analyzed in an environmental 

impact statement (EIS). 

Threshold Determination. The environmental review 

process under SEPA generally begins when someone eI	 submits a permit application to an agency or when an 

agency proposes some activity, policy, plan, ordinance, or 

regulation (197-11-784). A "lead agency" has the principal responsibility for implementing SEPA procedures for 

a specific proposal (197-11-050). The rules provide direction on how the lead agency is determined for specific 

proposals; however, the lead agency for a project will 

normally be the city or the county in which the project 

will be located. (197-11-922.) In the threshold determination, the lead agency decides whether a proposal is 

likely to have a probable significant adverse environmental impact. (See Part Three of the rules.) 

Categorical Exemptions. Experience has shown that 

many proposed actions (or categories of actions) are not 

likely to have significant adverse environmental impacts, 

even though they may have some modest environmental 

impacts. Rather than requiring agencies to review the 

potential impacts of every proposal, the rules contain a 

list of "categorical exemptions." (197-11-305 and Part 

Nine of these rules.) If a proposal falls within a categorical exemption, no environmental documents are required 

(RCW 43.21C.031; 197-11-310). Categorical exemptions do not apply to certain proposals in environmentally sensitive areas (197-11-108) or to certain proposals 

that include a series of individually exempt actions (197­

11-305). (RCW 43.21C.II0(1)(a).) 

Environmental Checklist. If a proposal is not categorically exempt, the proponent completes an "environmental checklist", which helps the lead agency identify 

environmental impacts due to the proposal and decide if 

the impacts are significant. The checklist need not be 

completed if the applicant and lead agency agree that an 

EIS is necessary. (197-11-325 and 960.) If a determination of nonsignificance is issued, the checklist also helps 

provide information on the proposal. 

Determination of Significance/Nonsignificance. If an 

agency decides that a proposal would not have a probable significant adverse environmental impact, the lead 

agency issues a determination of nonsignificance (DNS), 

and no EIS is prepared. (197-11-310 and 340.) If an 

agency decides that a proposal would have a probable 

significant adverse environmental impact, the lead 

agency issues a determination of significance (DS). 

(197-11-310 and 360.) If a proposal has some environmental impact, agencies may consider whether mitigation measures will reduce or eliminate impacts. If so, 

agencies may issue a mitigated DNS (197-11-350), 

which documents mitigation measures that will be implemented. (197-11-340 and 350.) 

Scoping; Draft and Final EIS. If an EIS will be prepared, 

the lead agency must decide the scope of the EIS, which 

means the range of actions, alternatives, and impacts 

discussed in the EIS (197-11-408 and 792). EISs must 

cover a proposal's probable significant adverse environmental impacts (RCW 43.21C.031; 197-11-440). The 

lead agency will invite agency and public comment on its 

scope; this is called "scoping." The scoping process leads 

to a draft EIS, which is circulated for a 30-day comment 

period. (See Parts Four and Five of the rules.) After 

considering the comments and revising the draft EIS accordingly, the lead agency issues a final EIS; all agencies 

must wait seven days before acting on the permit or 

other approval (197-11-460). 

Agency Decision. After considering the appropriate environmental concerns and documents, along with other relevant factors, agencies may act upon the permit or other 

approval required for a proposal to proceed. An environmental document does not have to be an agency's only 

decisionmaking document. An agency may condition or 

deny an applicant's proposal based on information in a 

DNS or EIS under certain rules (RCW 43.21C.060; 

197-11-660). To avoid duplication and delay, an agency 

may rely on background environmental documents; however, an agency must provide additional environmental 

review under certain conditions (Part Six). Since a major 

purpose of SEPA is to link meaningful environmental 

review with government activities, agencies must decide 

when and how best to integrate the SEPA process with 

their existing planning and decisionmaking (197-11-055, 

060, and 640). Challenges or appeals to agency SEPA 

compliance must be linked to a specific government 

action and be brought in a timely manner. (RCW 

43.21C.075; 197-11-680.) 

r
 
INDEX
 

Note: Index references section numbers, not page num­ cost/benefit analysis 450, 726
 

•
 

bers. Underlined sections are definitions. costs and fees 504, 914
 

incurred by the consulted agency 570
 action 704, 799, 310
 Council on Environmental Quality 610
 noticeof, form 990
 

cover letter 430( 1) notice of, procedures 680
 cumulative impact 060, 752
 addendum 706
 

when usenOO
 

procedures for 625
 

adoption 708
 

form 965
 

of EIS 600, 630
 

of other document 600, 630
 

procedures for 630
 

when to use 600
 

agency 714
 

effect of no comment 545
 

SEPA procedures; see SEPA
 

. procedures, agency
 

with jurisdiction 714
 

with expertise 714, 920
 

alternatives
 

in EIS 440(5)
 

reasonable 786
 

appeals 680
 

appendices, to EIS 440(7), 440(8)
 

applicant, requiring additional
 

information of 335
 

assumption of lead agency 943
 

•


beneficial impacts
 

discussed in EIS 440
 

whether to consider in threshold
 

determination 330(5) 

benefit/cost analysis 726, 450
 

built environment ill, 444
 

categorical exemption 720, 305
 

exceptions to 305
 

checklist 742
 

form 960
 

requiring additional information 100
 

when used 315
 

circulation of
 

OEIS 455
 

ONS 340
 

OS 360
 

FEIS 460
 

SEIS 620
 

combining documents 640
 

commenting· 500, Part Five
 

effect of no 545
 

inviting 502
 

specificity of 530
 

summary of requirements 502
 

conditioning proposals 660
 

consultation 912
 

consulted agency 724, 912
 

decision, timing of 070 

when ONS 340(2) 

when EIS 460(4) 

decisionmaking 655
 

definitions 700, Part Eight
 

OEIS, see draft EIS
 

determination
 

of nonsignificance 734
 

criteria 340
 

form 970
 

mitigated 350
 

procedures for 340
 

use of NEPA EA to satisfy 610
 

of significance 736
 

criteria 360
 

form 980
 

procedures for 360
 

withdrawal of 360, 600
 

timing of 390
 

ONS, see determination of
 

nonsignificance
 

draft EIS 405, see also environmental
 

impact statement
 

circulation of 455
 

response to comments on 560
 

use of existing documents to
 

satisfy 600
 

use of NEPA documents 610
 

OS, see determination of significance
 

economics, included in EIS as optional 440(8)
 

effective date of rules 955
 

EIS, see environmental impact statement
 

environment, elements of 444
 

built and natural 444
 

environmental checklist, see checklist
 

environmental impact statement
 

see Part Four
 

availability and cost 504
 

circulation of
 

draft 455
 

final 460
 

commenting on, see commenting
 

contents 060, 080, 440
 

format 430
 

general guidance 402
 

nonproject action, discussing 442
 

optional additions 440(8)
 

purpose 400
 

response to comments on OEIS 560
 

•
 

responsibilities of 502 requiring information from applicant 100
 

costs incurred by 570 size and style 425
 

content of summary 440(4)
 

EIS 440 supplemental 600, 620
 

environmental review 060 timing 406
 
908 

use in decisionmaking 655
 

when prior nonproject EIS 443
 

who prepares 420
 

environmental review 746
 

content of 060
 

environmentally sensitive areas 748,
 

exemption 

agency specific 810
 

Agriculture 850
 

Commerce and Economic
 

Development 870
 

Ecology 855
 

Fisheries 835
 

Game 840
 

Licensing 820
 

Labor and Industries 825
 

Natural Resources 830
 

Social and Health Services
 

845
 

Transportation 860
 

Utilities and Transportation
 

Commission 865
 

other agencies 875
 

categorical 800
 

existing environment 440
 

existing environmental documents
 

procedures for
 

addenda 625
 

adoption 630
 

incorporation by reference 635
 

SEIS 620
 

'when and how to use 600
 

use of NEPA documents 610
 

expanded scoping 793, 410
 

expertise, agency with 714, 920
 

fact sheet 430
 

federal EIS 610
 

fees and costs 504, 914
 

incurred by consulted agency 570
 

FEIS, see final EIS and environmental
 

impact statement
 

final EIS 405, see also environmental
 

impact statement
 

content of 560
 

response to comments on draft 560
 

format, EIS 430
 

hazardous material 444, 440
 

hearings, see public hearings
 

historic and cultural preservation
 

444, 440
 

impacts 752
 

to be considered in threshold
 

determination 330
 

to be considered in EIS 440
 

mitigation of
 

at threshold determination 350
 

described in EIS 440
 

required by decisionmaker
 

(substantive authority) 660
 

incorporation by reference 754
 

when to 600
 

procedures for 635
 

joint lead agency 944
 

o

jurisdiction, agency with 714
 

lead agency 758, 922
 

assumption of 943
 

notice of (form) 98,5
 

determination 924
 

for government proposals 926
 

for public/private proposals
 

928
 

for private proposals 930, 932, 934, 936
 

for specific proposals
 

(automatic lead) 938
 

disputes, resolution of 946
 

interagency agreements 942, 944
 

joint 944
 

responsibilities of 050
 

transfer to state agency 940
 

license 760
 

local agency 762
 

major action 764
 

meetings, public 535
 

mitigated DNS 766, 350
 

mitigation 768
 

in DNS 350
 

in EIS 440
 

substantive authority and 660
 

natural environment 770
 o 

natural resource 440-


NEPA 772
 

use of NEPA documents 610
 

no action alternative 440
 

nonproject actions 704, 774
 

EISs on 442
 

notice, see public notice
 

notice of intent, appeals 680
 

notice of action 680
 

form 990
 

official notice, for appeals 680
 

ongoing actions, application of SEPA
 

rules to 916
 

permit 760
 

petitions to change exemptions 890
 

phased review 060, 776
 

policy, general 030
 

policy, SEPA; see SEPA policies
 

probable 782
 

procedures, SEPA; see SEPA
 

procedures
 

project actions 704
 

proposal 055(2)(a), 060, 784
 

public hearings 502(6), 535
 

public notice
 

for SEPA documents 510
 

of proposed amendments to SEPA rules 890
 Q 

SEPA Register and 508, 510
 
Register 508 socioeconomic 448 

•
 

response to comments
 

in FEIS 560
 

on DEIS 560
 

on DNS 340
 

responsible official 788
 

designation of 910
 

review period
 

DEIS 455(6)
 

DNS 340
 

scoping notice 408
 

rulemaking, application of SEPA 

055(3) 

scope 792
 

of EIS 408, 792
 

of proposal (content of
 

environmental review) 060 

scoping 408, 793
 

expanded 410, 750
 

notice required 360
 

form. of notice 980
 

segmenting, see phased review
 

SEPA policies 902
 

SEPA procedures, agency
 

content of 906
 

lack of 918
 

requirement for 904
 

•
 

SEPA Register 508
 

distribution/circulation 508
 

documents listed 508
 

shoreline master· programs 440(6)
 

significant 794
 

size and style of EISs 425
 

optional inclusion in EIS 440(8)
 

state agency 796
 

substantive authority 680
 

summary of EIS 440(4)
 

supplemental EIS (SEIS)
 

procedures for 620
 

when prior nonproject EIS 443
 

when required 405, 600
 

timing
 

of EIS 406
 

of FEIS preparation 460(5)
 

of final decision 070
 

when DNS 340(2)
 

when EIS 460(4)
 

of the SEPA process 055
 

agency responsibility to
 

establish 055(2b)
 

of threshold determination 310
 

threshold determination Part Three, 797
 

criteria 330
 

information needed to make 080,
 

100
 

timing 390
 

use of checklist 330(1)
 

when required 310
 

toxic materials 440, 444
 

urban environment 444
 

urban quality 440
 

waiting period, for decision on action
 

after DNS 340, 390
 

after FEIS 055, 460(4)
 

•