reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-400 - Purpose of EIS

Current through Register Vol. 24-14, July 15, 2024
(1) The primary
				purpose of an environmental impact statement is to ensure that SEPA's policies
				are an integral part of the ongoing programs and actions of state and local
				government.
(2) An EIS shall provide
				impartial discussion of significant environmental impacts and shall inform
				decision makers and the public of reasonable alternatives, including mitigation
				measures, that would avoid or minimize adverse impacts or enhance environmental
				quality.
(3) Environmental impact
				statements shall be concise, clear, and to the point, and shall be supported by
				the necessary environmental analysis. The purpose of an EIS is best served by
				short documents containing summaries of, or reference to, technical data and by
				avoiding excessively detailed and overly technical information. The volume of an
				EIS does not bear on its adequacy. Larger documents may even hinder the decision
				making process.
(4) The EIS process
				enables government agencies and interested citizens to review and comment on
				proposed government actions, including government approval of private projects
				and their environmental effects. This process is intended to assist the agencies
				and applicants to improve their plans and decisions, and to encourage the
				resolution of potential concerns or problems prior to issuing a final statement.
				An environmental impact statement is more than a disclosure document. It shall be
				used by agency officials in conjunction with other relevant materials and
				considerations to plan actions and make decisions.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-400, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-402 - General requirements

Current through Register Vol. 24-14, July 15, 2024
Agencies shall prepare environmental impact statements as
				  follows:
(1) EISs need analyze only the
				reasonable alternatives and probable adverse environmental impacts that are
				significant. Beneficial environmental impacts or other impacts may be
				discussed.
(2) The level of detail
				shall be commensurate with the importance of the impact, with less important
				material summarized, consolidated, or referenced.
(3) Discussion of insignificant impacts is not
				required; if included, such discussion shall be brief and limited to summarizing
				impacts or noting why more study is not warranted.
(4) Description of the existing environment and
				the nature of environmental impacts shall be limited to the affected environment
				and shall be no longer than is necessary to understand the environmental
				consequences of the alternatives, including the proposal.
(5) EISs shall be no longer than necessary to
				comply with SEPA and these rules. Length should relate first to potential
				environmental problems and then to the size or complexity of the alternatives,
				including the proposal.
(6) The basic
				features and analysis of the proposal, alternatives, and impacts shall be
				discussed in the EIS and shall be generally understood without turning to other
				documents; however, an EIS is not required to include all information conceivably
				relevant to a proposal, and may be supplemented by appendices, reports, or other
				documents in the agency's record.
(7)
				Agencies shall reduce paperwork and the accumulation of background data by
				adopting or incorporating by reference, existing, publicly available
				environmental documents, wherever possible.
(8) Agencies shall prepare EISs concurrently
				with and coordinated with environmental studies and related surveys that may be
				required for the proposal under other laws, when feasible.
(9) The range of alternative courses of action
				discussed in EISs shall encompass those to be considered by the decision
				maker.
(10) EISs shall serve as the
				means of assessing the environmental impact of proposed agency action, rather
				than justifying decisions already made.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-402, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-405 - EIS types

Current through Register Vol. 24-14, July 15, 2024
(1) Draft and final
				environmental impact statements (EISs) shall be prepared; draft and final
				supplemental EISs may be prepared.
(2) A draft EIS (DEIS) allows the lead agency
				to consult with members of the public, affected tribes, and agencies with
				jurisdiction and with expertise. The lead agency shall issue a DEIS and consider
				comments as stated in Part Five.
(3)
				A final EIS (FEIS) shall revise the DEIS as appropriate and respond to comments
				as required in WAC
				197-11-560. An FEIS shall respond
				to opposing views on significant adverse environmental impacts and reasonable
				alternatives which the lead agency determines were not adequately discussed in
				the DEIS. The lead agency shall issue an FEIS as specified by WAC
				197-11-460.
(4) A supplemental EIS (SEIS) shall be prepared
				as an addition to either a draft or final statement if:
(a) There are substantial changes to a proposal
				so that the proposal is likely to have significant adverse environmental impacts;
				or
(b) There is significant new
				information indicating, or on, a proposal's probable significant adverse
				environmental impacts.
Preparation of a SEIS shall be carried out as stated in WAC
				  197-11-620.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-406 - EIS timing

Current through Register Vol. 24-14, July 15, 2024
The lead agency shall commence preparation of the environmental
				  impact statement as close as possible to the time the agency is developing or is
				  presented with a proposal, so that preparation can be completed in time for the
				  final statement to be included in appropriate recommendations or reports on the
				  proposal (WAC
				  197-11-055). The statement shall
				  be prepared early enough so it can serve practically as an important contribution
				  to the decision making process and will not be used to rationalize or justify
				  decisions already made. EISs may be "phased" in appropriate situations (WAC
				  197-11-060(5)).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-406, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-408 - Scoping

Current through Register Vol. 24-14, July 15, 2024
(1) The lead agency shall narrow the scope of
				every EIS to the probable significant adverse impacts and reasonable
				alternatives, including mitigation measures. For example, if there are only two
				or three significant impacts or alternatives, the EIS shall be focused on
				those.
(2) To ensure that every EIS
				is concise and addresses the significant environmental issues, the lead agency
				shall:
(a) Invite agency, affected tribes, and
				public comment on the DS (WAC
				197-11-360).
(i) If the agency requires written comments,
				agencies, affected tribes and the public shall be allowed twenty-one days from
				the date of issuance of the DS in which to comment, unless expanded scoping is
				used.
(ii) If a GMA county/city
				issues the scoping notice with the notice of application under
				RCW
				   36.70B.110, the comment period shall be no less
				than fourteen days.
(iii) The date of
				issuance for a DS is the date it is sent to the department of ecology and other
				agencies with jurisdiction, and is publicly available.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-410 - Expanded scoping. (Optional)

Current through Register Vol. 24-14, July 15, 2024
(1) At its
				option, the lead agency may expand the scoping process to include any or all of
				the following, which may be applied on a proposal-by-proposal basis:
(a) Using questionnaires or information
				packets.
(b) Using meetings or
				workshops, which may be combined with any other early planning meetings of the
				agency.
(c) Using a coordinator or
				team from inside or outside the agency.
(d) Developing cooperative consultation and
				exchange of information among agencies before the EIS is prepared, rather than
				awaiting submission of comments on a completed document.
(e) Coordinating and integrating other
				government reviews and approvals with the EIS process through memoranda or other
				methods.
(f) Inviting participation
				of agencies with jurisdiction or expertise from various levels of government,
				such as regional or federal agencies.
(g) Using other methods as the lead agency may
				find helpful.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-420 - EIS preparation

Current through Register Vol. 24-14, July 15, 2024
For draft and final EISs and SEISs:
(1) Preparation of the EIS is the
				responsibility of the lead agency, by or under the direction of its responsible
				official, as specified by the lead agency's procedures. No matter who
				participates in the preparation of the EIS, it is the EIS of the lead agency. The
				responsible official, prior to distributing an EIS, shall be satisfied that it
				complies with these rules and the procedures of the lead agency.
(2) The lead agency may have an EIS prepared by
				agency staff, an applicant or its agent, or by an outside consultant retained by
				either an applicant or the lead agency. The lead agency shall assure that the EIS
				is prepared in a professional manner and with appropriate interdisciplinary
				methodology. The responsible official shall direct the areas of research and
				examination to be undertaken as a result of the scoping process, as well as the
				organization of the resulting document.
(3) If a person other than the lead agency is
				preparing the EIS, the lead agency shall:
(a)
				Coordinate any scoping procedures so that the individual preparing the EIS
				receives all substantive information submitted by any agency or person;
(b) Assist in obtaining any information on file
				with another agency that is needed by the person preparing the EIS;
(c) Allow any party preparing an EIS access to
				all public records of the lead agency that relate to the subject of the EIS,
				under chapter 42.17 RCW (Public disclosure and public records law).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-425 - Style and size

Current through Register Vol. 24-14, July 15, 2024
(1) Environmental
				impact statements shall be readable reports, which allow the reader to understand
				the most significant and vital information concerning the proposed action,
				alternatives, and impacts, without turning to other documents, as provided below
				and in WAC 197-11-402.
(2) Environmental impact statements shall be
				concise and written in plain language. EISs shall not be excessively detailed or
				overly technical. EISs shall explain plainly the meaning of technical terms not
				generally understood by the general public. This may be done in a glossary or
				footnotes or by some other means. EISs may include an index for ease in using the
				statement.
(3) Most of the text of an
				environmental impact statement shall discuss and compare the environmental
				impacts and their significance, rather than describe the proposal and the
				environmental setting. Detailed descriptions may be included in appendices or
				supporting documents.
(4) The text of
				an EIS (WAC
				197-11-430(3)) 
				normally ranges from thirty to fifty pages and may be shorter. The EIS text shall
				not exceed seventy-five pages; except for proposals of unusual scope or
				complexity, where the EIS shall not exceed one hundred fifty pages. Appendices
				and background material shall be bound separately from the EIS if they exceed
				twenty-five pages, except if the entire document does not exceed one hundred
				pages or a FEIS is issued under WAC
				197-11-560(5).
(5) If the lead agency decides that additional
				descriptive material or supporting documentation may be helpful for readers, this
				background information may be placed in appendices or in separate documents, and
				shall be readily available to agencies and the public during the comment
				period.
(6) Agencies shall
				incorporate material into an environmental impact statement by reference to cut
				down on bulk, if an agency can do so without impeding agency and public review of
				the action (WAC
				197-11-600 and
				197-11-635).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-425, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-430 - Format

Current through Register Vol. 24-14, July 15, 2024
(1) A cover letter or memo from the lead agency
				shall precede the EIS (WAC
				197-11-435). A fact sheet (WAC
				197-11-440(2)) 
				shall be the first section of every EIS.
(2) The following format should be used unless
				the lead agency determines that a different format would improve clear
				presentation of alternatives and environmental analysis for a particular proposal
				(except that the fact sheet shall always be the first section of an EIS):
(a) Fact sheet.
(b) Table of contents (may include the list of
				elements of the environment).
(c)
				Summary.
(d) Alternatives, including
				the proposed action.
(e) Affected
				environment, significant impacts, and mitigation measures (other than those
				included in the proposed action).
(f)
				Distribution list (may be included in appendix).
(g) Appendices, if any (including, for FEIS,
				comment letters and any separate responses).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-435 - Cover letter or memo

Current through Register Vol. 24-14, July 15, 2024
(1) A cover letter or
				memo shall precede every EIS, but shall not be considered part of the EIS for
				adequacy purposes.
(2) The cover
				letter or memo:
(a) Shall not exceed two
				pages;
(b) Shall highlight the key
				environmental issues and options facing agency decision makers as known at the
				time of issuance;
(c) May include
				beneficial, as well as adverse environmental impacts and may mention other
				relevant considerations for decision makers;
(d) Shall identify, for SEIS's, the EIS being
				supplemented.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-440 - EIS contents

Current through Register Vol. 24-14, July 15, 2024
(1) An EIS shall
				contain the following, in the style and format prescribed in the preceding
				sections.
(2)
Fact
				sheet.
The fact sheet shall include the following information in this
				order:
(a) A title and brief description (a few
				sentences) of the nature and location (by street address, if applicable) of the
				proposal, including principal alternatives.
(b) The name of the person or entity making the
				proposal(s) and the proposed or tentative date for implementation.
(c) The name and address of the lead agency,
				the responsible official, and the person to contact for questions, comments, and
				information.
(d) A list of all
				licenses which the proposal is known to require. The licenses shall be listed by
				name and agency; the list shall be as complete and specific as
				possible.
(e) Authors and principal
				contributors to the EIS and the nature or subject area of their
				contributions.
(f) The date of issue
				of the EIS.
(g) The date comments are
				due (for DEISs).
(h) The time and
				place of public hearings or meetings, if any and if known.
(i) The date final action is planned or
				scheduled by the lead agency, if known. Agencies may indicate that the date is
				subject to change. The nature or type of final agency action should be stated
				unless covered in subsection (a) above.
(j) The type and timing of any subsequent
				environmental review to which the lead agency or other agencies have made
				commitments, if any.
(k) The location
				of a prior EIS on the proposal, EIS technical reports, background data, adopted
				documents, and materials incorporated by reference for this EIS, if
				any.
(l) The cost to the public for a
				copy of the EIS.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-442 - Contents of EIS on nonproject proposals

Current through Register Vol. 24-14, July 15, 2024
(1) The lead agency shall have more flexibility
				in preparing EISs on nonproject proposals, because there is normally less
				detailed information available on their environmental impacts and on any
				subsequent project proposals. The EIS may be combined with other planning
				documents.
(2) The lead agency shall
				discuss impacts and alternatives in the level of detail appropriate to the scope
				of the nonproject proposal and to the level of planning for the proposal.
				Alternatives should be emphasized. In particular, agencies are encouraged to
				describe the proposal in terms of alternative means of accomplishing a stated
				objective (see WAC
				197-11-060(3)).
				Alternatives including the proposed action should be analyzed at a roughly
				comparable level of detail, sufficient to evaluate their comparative merits (this
				does not require devoting the same number of pages in an EIS to each
				alternative).
(3) If the nonproject
				proposal concerns a specific geographic area, site specific analyses are not
				required, but may be included for areas of specific concern. The EIS should
				identify subsequent actions that would be undertaken by other agencies as a
				result of the nonproject proposal, such as transportation and utility
				systems.
(4) The EIS's discussion of
				alternatives for a comprehensive plan, community plan, or other areawide zoning
				or for shoreline or land use plans shall be limited to a general discussion of
				the impacts of alternate proposals for policies contained in such plans, for land
				use or shoreline designations, and for implementation measures. The lead agency
				is not required under SEPA to examine all conceivable policies, designations, or
				implementation measures but should cover a range of such topics. The EIS content
				may be limited to a discussion of alternatives which have been formally proposed
				or which are, while not formally proposed, reasonably related to the proposed
				action.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-442, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-443 - EIS contents when prior nonproject EIS

Current through Register Vol. 24-14, July 15, 2024
(1)
				The provisions for phased review (WAC
				197-11-060(5)) 
				and use of existing environmental documents, Part Six, apply to EISs on
				nonproject proposals.
(2) A
				nonproject proposal may be approved based on an EIS assessing its broad impacts.
				When a project is then proposed that is consistent with the approved nonproject
				action, the EIS on such a project shall focus on the impacts and alternatives
				including mitigation measures specific to the subsequent project and not analyzed
				in the nonproject EIS. The scope shall be limited accordingly. Procedures for use
				of existing documents shall be used as appropriate, see Part Six.
(3) When preparing a project EIS under the
				preceding subsection, the lead agency shall review the nonproject EIS to ensure
				that the analysis is valid when applied to the current proposal, knowledge, and
				technology. If it is not valid, the analysis shall be reanalyzed in the project
				EIS.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-443, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-444 - Elements of the environment

Current through Register Vol. 24-14, July 15, 2024
(1) Natural
				environment:
(a) Earth:
(i) Geology;
(ii) Soils;
(iii) Topography;
(iv) Unique physical features;
(v) Erosion/enlargement of land area
				(accretion);
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-448 - Relationship of EIS to other considerations

Current through Register Vol. 24-14, July 15, 2024
(1) SEPA contemplates that the general welfare,
				social, economic, and other requirements and essential considerations of state
				policy will be taken into account in weighing and balancing alternatives and in
				making final decisions. However, the environmental impact statement is not
				required to evaluate and document all of the possible effects and considerations
				of a decision or to contain the balancing judgments that must ultimately be made
				by the decision makers. Rather, an environmental impact statement analyzes
environmental
impacts and must be used by agency decision
				makers, along with other relevant considerations or documents, in making final
				decisions on a proposal. The EIS provides a basis upon which the responsible
				agency and officials can make the balancing judgment mandated by SEPA, because it
				provides information on the environmental costs and impacts. SEPA does not
				require that an EIS be an agency's only decision making document.
(2) The term "socioeconomic" is not used in the
				statute or in these rules because the term does not have a uniform meaning and
				has caused a great deal of uncertainty. Areas of urban environmental concern
				which must be considered are specified in
				RCW
				   43.21C.110(1)(f), the
				environmental checklist (WAC
				197-11-960)  and WAC
				197-11-440 and
				197-11-444.
(3) Examples of information that are not
				required to be discussed in an EIS are: Methods of financing proposals, economic
				competition, profits and personal income and wages, and social policy analysis
				(such as fiscal and welfare policies and nonconstruction aspects of education and
				communications). EISs may include whether housing is low, middle, or high
				income.
(4) Agencies have the option
				to combine EISs with other documents or to include additional analyses in EISs,
				that will assist in making decisions (WAC
				197-11-440(8) and
				197-11-640). Agencies may use the
				scoping process to help identify issues of concern to citizens.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-448, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-450 - Cost-benefit analysis

Current through Register Vol. 24-14, July 15, 2024
A cost-benefit analysis (WAC
				  197-11-726)  is not required by
				  SEPA. If a cost-benefit analysis relevant to the choice among environmentally
				  different alternatives is being considered by an agency for the proposal, it may
				  be incorporated by reference or appended to the statement as an aid in evaluating
				  the environmental consequences. For purposes of complying with SEPA, the weighing
				  of the merits and drawbacks of the various alternatives need not be displayed in
				  a monetary cost-benefit analysis and should not be when there are important
				  qualitative considerations.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-450, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-455 - Issuance of DEIS

Current through Register Vol. 24-14, July 15, 2024
(1) A draft EIS shall
				be issued by the responsible official and sent to the following:
(a) The department of ecology (2
				copies).
(b) Each federal agency with
				jurisdiction over the proposal.
(c)
				Each agency with jurisdiction over or environmental expertise on the
				proposal.
(d) Each city/county in
				which adverse environmental impacts identified in the EIS may occur, if the
				proposal were implemented.
(e) Each
				local agency or political subdivision whose public services would be changed as a
				result of implementation of the proposal.
(f) The applicable local, area-wide, or
				regional agency, if any, that has been designated under federal law to conduct
				intergovernmental review and coordinate federal activities with state or local
				planning.
(g) Any person requesting a
				copy of the EIS from the lead agency (fee may be charged for DEIS, see WAC
				197-11-504).
(h) Any affected tribe.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FOUR - ENVIRONMENTAL IMPACT STATEMENT (EIS) › Section 197-11-460 - Issuance of FEIS

Current through Register Vol. 24-14, July 15, 2024
(1) A final EIS
				(FEIS) shall be issued by the responsible official and sent to the department of
				ecology (2 copies), to all agencies with jurisdiction, to all agencies who
				commented on the DEIS, and to anyone requesting a copy of the FEIS. (Fees may be
				charged for the FEIS, see WAC
				197-11-504.)
(2) The responsible official shall send the
				FEIS, or a notice that the FEIS is available, to anyone who commented on the DEIS
				and to those who received but did not comment on the DEIS. If the agency receives
				petitions from a specific group or organization, a notice or EIS may be sent to
				the group and not to each petitioner. Failure to notify any individual under this
				subsection shall not affect the legal validity of an agency's SEPA
				compliance.
(3) The lead agency
				should make additional copies available in its offices for review.
(4) The date of issue is the date the FEIS, or
				notice of availability, is sent to the persons and agencies specified in the
				preceding subsections and the FEIS is publicly available. Copies sent to the
				department of ecology shall satisfy the statutory requirement of availability to
				the governor and to the ecological commission.
(5) Agencies shall not act on a proposal for
				which an EIS has been required prior to seven days after issuance of the
				FEIS.
(6) The lead agency shall issue
				the FEIS within sixty days of the end of the comment period for the DEIS, unless
				the proposal is unusually large in scope, the environmental impact associated
				with the proposal is unusually complex, or extensive modifications are required
				to respond to public comments.
(7)
				The form and content of the FEIS is specified in WAC
				197-11-560.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-460, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-500 - Purpose of this part

Current through Register Vol. 24-14, July 15, 2024
This part provides rules for:
(1) Notice and public availability of
				environmental documents, especially environmental impact statements;
(2) Consultation and comment by agencies and
				members of the public on environmental documents;
(3) Public hearings and meetings; and
(4) Lead agency response to comments and
				preparation of final environmental impact statements. Review, comment, and
				responsiveness to comments on a draft EIS are the focal point of the act's
				commenting process because the DEIS is developed as a result of scoping and
				serves as the basis for the final statement.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-500, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-502 - Inviting comment

Current through Register Vol. 24-14, July 15, 2024
(1) Agency efforts to
				involve other agencies and the public in the SEPA process should be commensurate
				with the type and scope of the environmental document.
(2) Consulted agencies have a responsibility to
				respond in a timely and specific manner to requests for comments (WAC
				197-11-545,
				197-11-550, and
				197-11-724).
(3)
Threshold determinations.
(a) Agencies shall send DNSs to other agencies
				with jurisdiction, if any, as required by WAC
				197-11-340(2) and
				197-11-355.
(b) For DNSs issued under WAC
				197-11-340(2),
				agencies shall provide public notice under WAC
				197-11-510 and receive comments on
				the DNS for fourteen days.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-504 - Availability and cost of environmental documents

Current through Register Vol. 24-14, July 15, 2024
(1) SEPA documents required by these rules
				shall be retained by the lead agency and made available in accordance with
				chapter 42.17 RCW.
(2) The lead
				agency shall make copies of any environmental document available in accordance
				with chapter 42.17 RCW, charging only those costs allowed plus mailing costs.
				However, no charge shall be levied for circulation of documents to other agencies
				as required by these rules. Agencies are encouraged, if requested, to waive the
				charge for an environmental document (not including the SEPA register) provided
				to a public interest organization.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-504, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-508 - SEPA register

Current through Register Vol. 24-14, July 15, 2024
(1) The department of
				ecology shall prepare a SEPA register that is web-based and updated daily, giving
				notice of all environmental documents required to be sent to the department of
				ecology under these rules, specifically:
(a)
				DNSs under WAC
				197-11-340(2);
(b) DSs (scoping notices) under WAC
				197-11-408;
(c) EISs under WAC
				197-11-455,
				197-11-460,
				197-11-620, and
				197-11-630;
(d) Notices of action under
				RCW
				   43.21C.080 and
				43.21C.087; and
(e) Notices in the optional DNS process under
				WAC 197-11-355(2)(d)(i) and
				(5).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-510 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) When these rules
				require notice to be given under this section, the lead agency must use
				reasonable methods to inform the public and other agencies that an environmental
				document is being prepared or is available and that public hearing(s), if any,
				will be held. The agency may use its existing notice procedures.
Examples of reasonable methods to inform the public are:
(a) Posting the property, for site-specific
				proposals;
(b) Publishing notice in a
				newspaper of general circulation in the county, city, or general area where the
				proposal is located;
(c) Notifying
				public or private groups with known interest in a certain proposal or in the type
				of proposal being considered;
(d)
				Notifying the news media;
(e) Placing
				notices in appropriate regional, neighborhood, ethnic, or trade journals;
(f) Publishing notice in agency
				newsletters and/or sending notice to agency mailing lists (either general lists
				or lists for specific proposals or subject areas); and/or
(g) Mailing or e-mailing notice to any person,
				group or agency who has requested notice.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-535 - Public hearings and meetings

Current through Register Vol. 24-14, July 15, 2024
(1) If
				a public hearing on the proposal is held under some other requirement of law,
				such hearing shall be open to consideration of the environmental impact of the
				proposal, together with any environmental document that is available. This does
				not require extension of the comment periods for environmental
				documents.
(2) In all other cases a
				public hearing on the environmental impact of a proposal shall be held whenever
				one or more of the following situations occur:
(a) The lead agency determines, in its sole
				discretion, that a public hearing would assist it in meeting its responsibility
				to implement the purposes and policies of SEPA and these rules; or
(b) When fifty or more persons residing within
				the jurisdiction of the lead agency, or who would be adversely affected by the
				environmental impact of the proposal, make written request to the lead agency
				within thirty days of issuance of the draft EIS; or
(c) When two or more agencies with jurisdiction
				over a proposal make written request to the lead agency within thirty days of the
				issuance of the draft EIS.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-545 - Effect of no comment

Current through Register Vol. 24-14, July 15, 2024
(1)
Consulted
				agencies.
If a consulted agency does not respond with written comments
				within the time periods for commenting on environmental documents, the lead
				agency may assume that the consulted agency has no information relating to the
				potential impact of the proposal as it relates to the consulted agency's
				jurisdiction or special expertise. Any consulted agency that fails to submit
				substantive information to the lead agency in response to a draft EIS is
				thereafter barred from alleging any defects in the lead agency's compliance with
				Part Four of these rules.
(2)
Other agencies and the public.
Lack of comment by other agencies or
				members of the public on environmental documents, within the time periods
				specified by these rules, shall be construed as lack of objection to the
				environmental analysis, if the requirements of WAC
				197-11-510 are met.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-545, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-550 - Specificity of comments

Current through Register Vol. 24-14, July 15, 2024
(1) Comments on an
				EIS, DNS, scoping notice or proposal shall be as specific as possible and may
				address either the adequacy of the environmental document or the merits of the
				alternatives discussed or both.
(2)
				Commenters shall briefly describe the nature of any documents referenced in their
				comments, indicating the material's relevance, and should indicate where the
				material can be reviewed or obtained.
(3)
Methodology.
When an agency
				criticizes a lead agency's predictive methodology, the commenting agency should
				describe, when possible, the alternative methodology which it prefers and
				why.
(4)
Additional
				information.
A consulted agency shall specify in its comments whether it
				needs additional information to fulfill other applicable environmental reviews or
				consultation requirements and what information it needs, to the extent permitted
				by the details available on the proposal.
(5)
Mitigation measures.
When an
				agency with jurisdiction objects to or expresses concerns about a proposal, it
				shall specify the mitigation measures, if any are possible, it considers
				necessary to allow an agency to grant or approve applicable licenses.
(6)
Comments by other agencies.
Commenting agencies that are not consulted agencies shall specify any additional
				information or mitigation measures the commenting agency believes are necessary
				or desirable to satisfy its concerns.
(7)
Citizen comments.
Recognizing
				their generally more limited resources, members of the public shall make their
				comments as specific as possible and are encouraged to comment on methodology
				needed, additional information, and mitigation measures in the manner indicated
				in this section.
(8) An agency shall
				consider and may respond to comments as the agency deems appropriate; the
				requirements for responding in a FEIS shall be met (WAC
				197-11-560).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-550, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-560 - FEIS response to comments

Current through Register Vol. 24-14, July 15, 2024
(1) The lead agency
				shall prepare a final environmental impact statement whenever a DEIS has been
				prepared, unless the proposal is withdrawn or indefinitely postponed. The lead
				agency shall consider comments on the proposal and shall respond by one or more
				of the means listed below, including its response in the final statement.
				Possible responses are to:
(a) Modify
				alternatives including the proposed action.
(b) Develop and evaluate alternatives not
				previously given detailed consideration by the agency.
(c) Supplement, improve, or modify the
				analysis.
(d) Make factual
				corrections.
(e) Explain why the
				comments do not warrant further agency response, citing the sources, authorities,
				or reasons that support the agency's response and, if appropriate, indicate those
				circumstances that would trigger agency reappraisal or further
				response.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part FIVE - COMMENTING › Section 197-11-570 - Consulted agency costs to assist lead agency

Current through Register Vol. 24-14, July 15, 2024
A consulted agency shall not charge the lead agency for any
				  costs incurred in complying with WAC
				  197-11-550, including providing
				  relevant data to the lead agency and copying documents for the lead agency. This
				  section shall not prohibit a consulted agency from charging those costs allowed
				  by chapter 42.17 RCW for copying any environmental document requested by an
				  agency other than the lead agency or by an individual or private organization.
				  This section does not prohibit agencies from making interagency agreements on
				  cost or personnel sharing to provide environmental information to each
				  other.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-570, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-600 - When to use existing environmental documents

Current through Register Vol. 24-14, July 15, 2024
(1) This section contains criteria for
				determining whether an environmental document must be used unchanged and
				describes when existing documents may be used to meet all or part of an agency's
				responsibilities under SEPA.
(2) An
				agency may use environmental documents that have previously been prepared in
				order to evaluate proposed actions, alternatives, or environmental impacts. The
				proposals may be the same as, or different than, those analyzed in the existing
				documents.
(3) Any agency acting on
				the same proposal shall use an environmental document unchanged, except in the
				following cases:
(a) For DNSs, an agency with
				jurisdiction is dissatisfied with the DNS, in which case it may assume lead
				agency status (WAC
				197-11-340(2)(e) and 197-11-948).
(b) For DNSs and EISs, preparation of a new
				threshold determination or supplemental EIS is required if there are:
(i) Substantial changes to a proposal so that
				the proposal is likely to have significant adverse environmental impacts (or lack
				of significant adverse impacts, if a DS is being withdrawn); or
(ii) New information indicating a proposal's
				probable significant adverse environmental impacts. (This includes discovery of
				misrepresentation or lack of material disclosure.) A new threshold determination
				or SEIS is not required if probable significant adverse environmental impacts are
				covered by the range of alternatives and impacts analyzed in the existing
				environmental documents.
(c) For EISs, the agency concludes that its
				written comments on the DEIS warrant additional discussion for purposes of its
				action than that found in the lead agency's FEIS (in which case the agency may
				prepare a supplemental EIS at its own expense).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-610 - Use of NEPA documents

Current through Register Vol. 24-14, July 15, 2024
(1) An agency may
				adopt any environmental analysis prepared under the National Environmental Policy
				Act (NEPA) by following WAC
				197-11-600 and
				197-11-630.
(2) A NEPA environmental assessment (EA) or
				documented categorical exclusion may be adopted to support a determination of
				nonsignificance instead of preparing an environmental checklist, if the
				requirements of WAC
				197-11-340,
				197-11-600, and
				197-11-630 (and WAC
				197-11-350 and
				197-11-355 as applicable), are met
				and elements of the environment in WAC
				197-11-444 are adequately
				addressed.
(3) An agency may adopt a
				NEPA EIS as a substitute for preparing a SEPA EIS if:
(a) The requirements of WAC
				197-11-360,
				197-11-600, and
				197-11-630 are met (in which case
				the procedures in Parts Three, Four, and Five of these rules for preparing an EIS
				shall not apply); and
(b) The federal
				EIS is not found inadequate:
(i) By a
				court;
(ii) by the council on
				environmental quality (CEQ) (or is at issue in a predecision referral to CEQ)
				under the NEPA regulations; or
(iii)
				by the administrator of the United States Environmental Protection Agency under
				section 309 of the Clean Air Act,
				 42 U.S.C.
				1857.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-620 - Supplemental environmental impact statement - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) An SEIS shall be prepared in the same way
				as a draft and final EIS (WAC
				197-11-400 to
				197-11-600), except that scoping
				is optional. The SEIS should not include analysis of actions, alternatives, or
				impacts that is in the previously prepared EIS.
(2) The fact sheet and cover letter or memo for
				the SEIS shall indicate the EIS that is being supplemented.
(3) Unless the SEPA lead agency wants to
				prepare the SEIS, an agency with jurisdiction which needs the SEIS for its action
				shall be responsible for SEIS preparation.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-620, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-625 - Addenda - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) An addendum shall
				clearly identify the proposal for which it is written and the environmental
				document it adds to or modifies.
(2)
				An agency is not required to prepare a draft addendum.
(3) An addendum for a DEIS shall be circulated
				to recipients of the initial DEIS under WAC
				197-11-455.
(4) If an addendum to a final EIS is prepared
				prior to any agency decision on a proposal, the addendum shall be circulated to
				the recipients of the final EIS.
(5)
				Agencies are encouraged to circulate addenda to interested persons. Unless
				otherwise provided in these rules, however, agencies are not required to
				circulate an addendum.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-625, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-630 - Adoption - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The agency
				adopting an existing environmental document must independently review the content
				of the document and determine that it meets the adopting agency's environmental
				review standards and needs for the proposal. However a document is not required
				to meet the adopting agency's own procedures for the preparation of environmental
				documents (such as circulation, commenting, and hearing requirements) to be
				adopted.
(2) An agency shall adopt an
				environmental document by identifying the document and stating why it is being
				adopted, using the adoption form substantially as in WAC
				197-11-965. The adopting agency
				shall ensure that the adopted document is readily available to agencies and the
				public by:
(a) Sending a copy to agencies with
				jurisdiction that have not received the document, as shown by the distribution
				list for the adopted document; and
(b) Placing copies in libraries and other
				public offices, or by distributing copies to those who request one.