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(continued)
(5) The lead agency shall revise the scope of an EIS if substantial changes are made later in the proposal, or if significant new circumstances or information arise that bear on the proposal and its significant impacts.
(6) DEISs shall be prepared according to the scope decided upon by the lead agency in its scoping process.
(7) EIS preparation may begin during scoping.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-408, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-408, filed 2/10/84, effective 4/4/84.]
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197-11-410
Expanded scoping. (Optional)
(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.
(2) Use of expanded scoping is intended to promote interagency cooperation, public participation, and innovative ways to streamline the SEPA process. Steps shall be taken, as the lead agency determines appropriate, to encourage and assist public participation. There are no specified procedural requirements for the methods, techniques, or documents which may be used in an expanded scoping process, to provide maximum flexibility to meet these purposes.
(3) The lead agency shall consult with an applicant prior to deciding the method and schedule for an expanded scoping process.
(4) Under expanded scoping, an applicant may request, in which case the lead agency shall set, a date by which the lead agency shall determine the scope of the EIS, including the need for any field investigations (to the extent permitted by the details available on the proposal). The date shall occur thirty days or less after the DS is issued, unless the lead agency and applicant agree upon a later date.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-410, filed 2/10/84, effective 4/4/84.]
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197-11-420
EIS preparation.
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).
(4) Every agency shall specifically provide in its own procedures those situations in which an applicant may be required or authorized to help prepare an EIS. Agency procedures may not require more information of an applicant than allowed by WAC 197-11-100, but may authorize less participation. An applicant may volunteer to provide any information or effort desired, as long as the EIS is supervised and approved by the responsible official. These rules do not prevent an agency from charging any fees which the agency is otherwise allowed to charge (WAC 197-11-914).
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-420, filed 2/10/84, effective 4/4/84.]
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197-11-425
Style and size.
(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.]
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197-11-430
Format.
(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).
(3) The EIS text is divided into two sections: (d) and (e) above. Agencies have wide latitude to organize and present material as they see fit within these two basic sections. Agencies are not required to discuss each subject in WAC 197-11-440 (5) and (6) and 197-11-444 in a separate section of the EIS.
(4) Additional format considerations.
(a) Where relevant to the alternatives and impacts of a proposal, the analysis specified in WAC 197-11-440 shall be included regardless of the format of a particular statement.
(b) The format of a FEIS may differ, as specified by WAC 197-11-560.
(c) Additional flexibility is provided in WAC 197-11-442 and 197-11-443 for environmental impact statements related to nonproject proposals.
(d) The elements of the environment for purposes of analyzing environmental impacts are stated in WAC 197-11-444.
(e) Additional guidance on the distinction between environmental and other considerations is given in WAC 197-11-448 and 197-11-450.
(f) EISs may be combined with other documents (WAC 197-11-640).
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-430, filed 2/10/84, effective 4/4/84.]
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197-11-435
Cover letter or memo.
(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.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-435, filed 2/10/84, effective 4/4/84.]
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197-11-440
EIS contents.
(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.
(3) Table of contents.
(a) The table of contents should list, if possible, any documents which are appended, adopted, or serve as technical reports for this EIS (but need not list each comment letter).
(b) The table of contents may include the list of elements of the environment (WAC 197-11-444), indicating those elements or portions of elements which do not involve significant impacts.
(4) Summary. The EIS shall summarize the contents of the statement and shall not merely be an expanded table of contents. The summary shall briefly state the proposal's objectives, specifying the purpose and need to which the proposal is responding, the major conclusions, significant areas of controversy and uncertainty, if any, and the issues to be resolved, including the environmental choices to be made among alternative courses of action and the effectiveness of mitigation measures. The summary need not mention every subject discussed in the EIS, but shall include a summary of the proposal, impacts, alternatives, mitigation measures, and significant adverse impacts that cannot be mitigated. The summary shall state when the EIS is part of a phased review, if known, or the lead agency is relying on prior or future environmental review (which should be generally identified). The lead agency shall make the summary sufficiently broad to be useful to the other agencies with jurisdiction.
(5) Alternatives including the proposed action.
(a) This section of the EIS describes and presents the proposal (or preferred alternative, if one or more exists) and alternative courses of action.
(b) Reasonable alternatives shall include actions that could feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased level of environmental degradation.
(i) The word "reasonable" is intended to limit the number and range of alternatives, as well as the amount of detailed analysis for each alternative.
(ii) The "no-action" alternative shall be evaluated and compared to other alternatives.
(iii) Reasonable alternatives may be those over which an agency with jurisdiction has authority to control impacts either directly, or indirectly through requirement of mitigation measures.
(c) This section of the EIS shall:
(i) Describe the objective(s), proponent(s), and principal features of reasonable alternatives. Include the proposed action, including mitigation measures that are part of the proposal.
(ii) Describe the location of the alternatives including the proposed action, so that a lay person can understand it. Include a map, street address, if any, and legal description (unless long or in metes and bounds).
(iii) Identify any phases of the proposal, their timing, and previous or future environmental analysis on this or related proposals, if known.
(iv) Tailor the level of detail of descriptions to the significance of environmental impacts. The lead agency should retain any detailed engineering drawings and technical data, that have been submitted, in agency files and make them available on request.
(v) Devote sufficiently detailed analysis to each reasonable alternative to permit a comparative evaluation of the alternatives including the proposed action. The amount of space devoted to each alternative may vary. One alternative (including the proposed action) may be used as a benchmark for comparing alternatives. The EIS may indicate the main reasons for eliminating alternatives from detailed study.
(vi) Present a comparison of the environmental impacts of the reasonable alternatives, and include the no action alternative. Although graphics may be helpful, a matrix or chart is not required. A range of alternatives or a few representative alternatives, rather than every possible reasonable variation, may be discussed.
(vii) Discuss the benefits and disadvantages of reserving for some future time the implementation of the proposal, as compared with possible approval at this time. The agency perspective should be that each generation is, in effect, a trustee of the environment for succeeding generations. Particular attention should be given to the possibility of foreclosing future options by implementing the proposal.
(d) When a proposal is for a private project on a specific site, the lead agency shall be required to evaluate only the no action alternative plus other reasonable alternatives for achieving the proposal's objective on the same site. This subsection shall not apply when the proposal includes a rezone, unless the rezone is for a use allowed in an existing comprehensive plan that was adopted after review under SEPA. Further, alternative sites may be evaluated if other locations for the type of proposed use have not been included or considered in existing planning or zoning documents.
(6) Affected environment, significant impacts, and mitigation measures.
(a) This section of the EIS shall describe the existing environment that will be affected by the proposal, analyze significant impacts of alternatives including the proposed action, and discuss reasonable mitigation measures that would significantly mitigate these impacts. Elements of the environment that are not significantly affected need not be discussed. Separate sections are not required for each subject (see WAC 197-11-430(3)).
(b) General requirements for this section of the EIS.
(i) This section shall be written in a nontechnical manner which is easily understandable to lay persons whenever possible, with the discussion commensurate with the importance of the impacts. Only significant impacts must be discussed; other impacts may be discussed.
(ii) Although the lead agency should discuss the affected environment, environmental impacts, and other mitigation measures together for each element of the environment where there is a significant impact, the responsible official shall have the flexibility to organize this section in any manner useful to decision makers and the public (see WAC 197-11-430(3)).
(iii) This subsection is not intended to duplicate the analysis in subsection (5) and shall avoid doing so to the fullest extent possible.
(c) This section of the EIS shall:
(i) Succinctly describe the principal features of the environment that would be affected, or created, by the alternatives including the proposal under consideration. Inventories of species should be avoided, although rare, threatened, or endangered species should be indicated.
(ii) Describe and discuss significant impacts that will narrow the range or degree of beneficial uses of the environment or pose long term risks to human health or the environment, such as storage, handling, or disposal of toxic or hazardous material.
(iii) Clearly indicate those mitigation measures (not described in the previous section as part of the proposal or alternatives), if any, that could be implemented or might be required, as well as those, if any, that agencies or applicants are committed to implement.
(iv) Indicate what the intended environmental benefits of mitigation measures are for significant impacts, and may discuss their technical feasibility and economic practicability, if there is concern about whether a mitigation measure is capable of being accomplished. The EIS need not analyze mitigation measures in detail unless they involve substantial changes to the proposal causing significant adverse impacts, or new information regarding significant impacts, and those measures will not be subsequently analyzed under SEPA (see WAC 197-11-660(2)). An EIS may briefly mention nonsignificant impacts or mitigation measures to satisfy other environmental review laws or requirements covered in the same document (WAC 197-11-402(8) and 197-11-640).
(v) Summarize significant adverse impacts that cannot or will not be mitigated.
(d) This section shall incorporate, when appropriate:
(i) A summary of existing plans (for example: Land use and shoreline plans) and zoning regulations applicable to the proposal, and how the proposal is consistent and inconsistent with them.
(ii) Energy requirements and conservation potential of various alternatives and mitigation measures, including more efficient use of energy, such as insulating, as well as the use of alternate and renewable energy resources.
(iii) Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures.
(iv) Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures.
(e) Significant impacts on both the natural environment and the built environment must be analyzed, if relevant (WAC 197-11-444). This involves impacts upon and the quality of the physical surroundings, whether they are in wild, rural, or urban areas. Discussion of significant impacts shall include the cost of and effects on public services, such as utilities, roads, fire, and police protection, that may result from a proposal. EISs shall also discuss significant environmental impacts upon land and shoreline use, which includes housing, physical blight, and significant impacts of projected population on environmental resources, as specified by RCW 43.21C.110 (1)(d) and (f), as listed in WAC 197-11-444.
(7) Appendices. Comment letters and responses shall be circulated with the FEIS as specified by WAC 197-11-560. Technical reports and supporting documents need not be circulated with an EIS (WAC 197-11-425(4) and 197-11-440 (2)(k)), but shall be readily available to agencies and the public during the comment period.
(8) (Optional) The lead agency may include, in an EIS or appendix, the analysis of any impact relevant to the agency's decision, whether or not environmental. The inclusion of such analysis may be based upon comments received during the scoping process. The provision for combining documents may be used (WAC 197-11-640). The EIS shall comply with the format requirements of this part. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-440, filed 2/10/84, effective 4/4/84.]
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197-11-442
Contents of EIS on nonproject proposals.
(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.]
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197-11-443
EIS contents when prior nonproject EIS.
(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.]
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197-11-444
Elements of the environment.
(1) Natural environment
(a) Earth
(i) Geology
(ii) Soils
(iii) Topography
(iv) Unique physical features
(v) Erosion/enlargement of land area (accretion)
(b) Air
(i) Air quality
(ii) Odor
(iii) Climate
(c) Water
(i) Surface water movement/quantity/quality
(ii) Runoff/absorption
(iii) Floods
(iv) Ground water movement/quantity/quality
(v) Public water supplies
(d) Plants and animals
(i) Habitat for and numbers or diversity of species of plants, fish, or other wildlife
(ii) Unique species
(iii) Fish or wildlife migration routes
(e) Energy and natural resources
(i) Amount required/rate of use/efficiency
(ii) Source/availability
(iii) Nonrenewable resources
(iv) Conservation and renewable resources
(v) Scenic resources
(2) Built environment
(a) Environmental health
(i) Noise
(ii) Risk of explosion
(iii) Releases or potential releases to the environment affecting public health, such as toxic or hazardous materials
(b) Land and shoreline use
(i) Relationship to existing land use plans and to estimated population
(ii) Housing
(iii) Light and glare
(iv) Aesthetics
(v) Recreation
(vi) Historic and cultural preservation
(vii) Agricultural crops
(c) Transportation
(i) Transportation systems
(ii) Vehicular traffic
(iii) Waterborne, rail, and air traffic
(iv) Parking
(v) Movement/circulation of people or goods
(vi) Traffic hazards
(d) Public services and utilities
(i) Fire
(ii) Police
(iii) Schools
(iv) Parks or other recreational facilities
(v) Maintenance
(vi) Communications
(vii) Water/storm water
(viii) Sewer/solid waste
(ix) Other governmental services or utilities
(3) To simplify the EIS format, reduce paperwork and duplication, improve readability, and focus on the significant issues, some or all of the elements of the environment in WAC 197-11-444 may be combined.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-444, filed 2/10/84, effective 4/4/84.]
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197-11-448
Relationship of EIS to other considerations.
(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.]
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197-11-450
Cost-benefit analysis.
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.]
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197-11-455
Issuance of DEIS.
(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.
(2) The lead agency is encouraged to send a notice of availability or a copy of the DEIS to any person, organization or governmental agency that has expressed an interest in the proposal, is known by the lead agency to have an interest in the type of proposal being considered, or receives governmental documents (for example, local and regional libraries). This is not meant to duplicate subsection (1)(g) of this section.
(3) The lead agency should make additional copies available at its offices to be reviewed or obtained.
(4) The date of issue is the date the DEIS is publicly available and sent to the department of ecology and other agencies with jurisdiction.
(5) Notice that a DEIS is available shall be given under WAC 197-11-510.
(6) Any person or agency shall have thirty days from the date of issue in which to review and comment upon the DEIS.
(7) Upon request, the lead agency may grant an extension of up to fifteen days to the comment period. Agencies and the public must request any extension before the end of the comment period.
(8) The rules for notice, costs, commenting, and response to comments on EISs are stated in Part Five of these rules.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-455, filed 2/10/84, effective 4/4/84.]
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197-11-460
Issuance of FEIS.
(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.]
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197-11-500
Purpose of this part.
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.]
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197-11-502
Inviting comment.
(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.
(4) Scoping.
(a) Agencies shall circulate the DS and invite comments on the scope of an EIS, as required by WAC 197-11-360, 197-11-408, and 197-11-510.
(b) Agencies may use other reasonable methods to inform agencies and the public, such as those indicated in WAC 197-11-410.
(c) The lead agency determines the method for commenting (WAC 197-11-408 and 197-11-410).
(5) DEIS.
(a) Agencies shall invite comments on and circulate DEISs as required by WAC 197-11-455.
(b) The commenting period shall be thirty days unless extended by the lead agency under WAC 197-11-455.
(c) Agencies shall comment and respond as stated in this part. This meets the act's formal consultation and comment requirement in RCW 43.21C.030 (2)(d).
(6) Public hearings and meetings.
(a) Public hearings or meetings may be held (WAC 197-11-535). Notice of such public hearings shall be given under WAC 197-11-510 and may be combined with other agency notice.
(b) In conjunction with the requirements of WAC 197-11-510, notice of public hearings shall be published no later than ten days before the hearing. For nonproject proposals, notice of the public hearing shall be published in a newspaper of general circulation in the general area where the lead agency has its principal offices. For nonproject proposals having a regional or statewide applicability, copies of the notice shall be given to the Olympia bureaus of the Associated Press and United Press International.
(7) FEIS. Agencies shall circulate FEISs as required by WAC 197-11-460.
(8) Supplements.
(a) Notice for and circulation of draft and final SEISs shall be done in the same manner as other draft and final EISs.
(b) When a DNS is issued after a DS has been withdrawn (WAC 197-11-360(4)), agencies shall give notice under WAC 197-11-510 and receive comments for fourteen days.
(c) An addendum need not be circulated unless required under WAC 197-11-625.
(9) Appeals. Notice provisions for appeals are in WAC 197-11-680.
(10) Agencies may circulate any other environmental documents for the purpose of providing information or seeking comment, as an agency deems appropriate.
(11) In addition to any required notice or circulation, agencies may use any other reasonable methods, to inform agencies and the public that environmental documents are available or that hearings will occur.
(12) Agencies may combine SEPA notices with other agency notices. However, the SEPA information must be identifiable.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-502, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-502, filed 2/10/84, effective 4/4/84.]
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197-11-504
Availability and cost of environmental documents.
(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.]
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197-11-508
SEPA register.
(1) The department of ecology shall prepare a SEPA register at least weekly, 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).
(2) All agencies shall submit the environmental documents listed in subsection (1) of this section to the department promptly and in accordance with procedures established by the department.
(3) Agencies are encouraged to refer to the SEPA register for notice of SEPA documents which may affect them.
(4) The department:
(a) Shall establish the method for distributing the SEPA register, which may include listing on internet, publishing and mailing to interested persons, or any other method deemed appropriate by the department.
(b) May establish a reasonable format for the SEPA register;
(c) May charge a reasonable fee for the SEPA register as allowed by law, in at least the amount allowed by chapter 42.17 RCW, from agencies, members of the public, and interested organizations.
(5) Members of the public, citizen and community groups, and educational institutions are encouraged to refer to the SEPA register for notice of SEPA actions which may affect them.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-508, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-508, filed 2/10/84, effective 4/4/84.]
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197-11-510
Public notice.
(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; and/or
(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).
(2) Each agency shall specify its method of public notice in its SEPA procedures, WAC 197-11-904 and 197-11-906. If an agency does not specify its method of public notice or does not adopt SEPA procedures, the agency shall use methods (a) and (b) in subsection (1).
(3) Documents which are required to be sent to the department of ecology under these rules will be published in the SEPA register, which will also constitute a form of public notice. However, publication in the SEPA register shall not, in itself, meet compliance with this section.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-510, filed 2/10/84, effective 4/4/84.]
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197-11-535
Public hearings and meetings.
(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.
(3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no earlier than fifteen days from the date the draft EIS is issued, nor later than fifty days from its issuance. Notice shall be given under WAC 197-11-502(6) and 197-11-510 and may be combined with other agency notice.
(4) If a public hearing is required under this chapter, it shall be open to discussion of all environmental documents and any written comments that have been received by the lead agency prior to the hearing. A copy of the environmental document shall be available at the public hearing.
(5) Comments at public hearings should be as specific as possible (see WAC 197-11-550).
(6) Agencies and their designees may hold informal public meetings or workshops. Such gatherings may be more flexible than public hearings and are not subject to the above notice and similar requirements for public hearings.
(7) Public meetings held by local governments under chapter 36.70B RCW may be used to meet SEPA public hearing requirements as long as the requirements for public hearing in this section are met. A public hearing under this section need not be an open record hearing as defined in RCW 36.70B.020(3).
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-535, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-535, filed 2/10/84, effective 4/4/84.]
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197-11-545
Effect of no comment.
(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.]
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197-11-550
Specificity of comments.
(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 grantor approve applicable licenses. (continued)