## FOREWORD
Adoption ofthese 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 guidelinesthatwould reducepaperwork,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 ofthe rules, with Chapter 197-10WACbeingrepealed anda 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 ofproposed rules for review and comment in September 1983. Afterreceiving 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 On January 26, 1984, the department adopted Chapter 197-11 WAC and repealed Chapter 197-10 WAC.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. 

### Ifyou 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 publicunderstand SEPAand theSEPArules. It provides information only and is not regulatory. Some cross-references aregiven, 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 containsspecific substantivepolicies andgoalswhich applyto actionsofall levels ofgovernmentwithinthestate. (RCW43.21C.020; RCW 43.21C.030(1).) SEPAworks together with other laws to accomplish its mandate. (RCW 43.21C.050; RCW 43.21C.060.)

Procedural Mandate. The requirements ofthe act apply
to all agencies, including local governments, but not the judiciaryorstatelegislature. Whenagenciestakecertain 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 impactsand actions thatare not. (RCW43.21C.030(2)(c); RCW 43.21C.031; RCW 43.21C.II0.) Actions likely to have significant adverse environmental impactsare analyzed in anenvironmental impact statement (EIS).

Threshold Determination. The environmental review
process under SEPA generally begins when someone 

# e I submits a permit application to an agency or when an agencyproposessomeactivity,policy, plan,ordinance,or regulation (197-11-784).A "leadagency"hastheprincipal responsibilityfor implementingSEPAproceduresfor

a specific proposal (197-11-050). The rules provide directionon how thelead agencyis 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 likelytohave a probablesignificant adverseenvironmental impact. (See Part Three of the rules.)
Categorical Exemptions. Experience has shown that
manyproposed actions (or categories ofactions) are not likelytohave significantadverseenvironmental impacts,

even though they may have some modest environmental impacts. Rather than requiring agencies to review the potential impacts ofevery proposal, the rules contain a list of "categorical exemptions." (197-11-305 and Part Nineoftheserules.) Ifa proposal falls within a categoricalexemption, no environmentaldocuments arerequired (RCW 43.21C.031; 197-11-310). Categorical exemptions do not apply to certain proposals in environmentallysensitive areas (197-11-108) orto certain proposals thatinclude a series ofindividually exemptactions (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 completediftheapplicantandlead agencyagreethatan EISis necessary. (197-11-325 and 960.) Ifa determination ofnonsignificance 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
agencyissues a determinationofnonsignificance (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), whichdocumentsmitigationmeasuresthatwill beimplemented. (197-11-340 and 350.) Scoping;DraftandFinalEIS. 

### IfanEISwill beprepared, thelead agency must decidethe scope oftheEIS, 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 leadagencywill inviteagencyand publiccommenton its scope; this is called "scoping." The scoping process leads
toa draftEIS, which is circulated for a 30-daycomment period. (See Parts Four and Five of the rules.) After considering thecommentsand revising thedraftEIS accordingly,theleadagencyissues a final EIS;all agencies
must wait seven days before acting on the permit or other approval (197-11-460). Agency Decision. Afterconsidering theappropriateenvironmentalconcernsanddocuments, along withotherrelevantfactors, agencies mayactupon thepermitorother approval required for a proposal toproceed. 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 mayrelyon backgroundenvironmentaldocuments; however, an agency must provide additional environmental reviewundercertainconditions (PartSix).Sincea 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 theirexistingplanning anddecisionmaking (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 

# o joint lead agency 944 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, 510Register 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)



# •