Electronic SEPA Documents

Introduction

The State Environmental Policy Act (SEPA) Rules direct agencies to "send" or "circulate" many types of SEPA documents for public review, including scoping notices, draft environmental impact statements and some determinations of nonsignificance. Copies of most SEPA documents must also be sent to the Department of Ecology (Ecology) for listing on the SEPA Register.

A number of agencies have asked if electronic distribution of SEPA documents will meet the requirements of SEPA and the SEPA Rules. Since the SEPA Rules do not define "send" or "circulate", it may be possible to distribute some SEPA documents on CD or by email.

This document was developed to help the agencies decide whether to use an electronic format for SEPA document distribution.

This document also identifies which SEPA documents Ecology will accept electronically and the required format. View table for document types and the acceptable formats to file with Ecology.

Can SEPA documents be distributed electronically?

The SEPA Rules were written in 1984 before the widespread use of email, CDs, and websites. Since the mid 1990s, federal and state laws have been passed to allow the use of information technology. For example, the Federal Governmental Paperwork Elimination Act (P.L. 105-277, Title XVII) requires federal agencies to use "…alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for use and acceptance of electronic signatures." The Washington Electronic Authentication Act (chapter 19.34 RCW) allows the use of electronic signatures to improve commerce.

With the trend toward the use of electronic media and the lack of a definition for "send" or "circulate", it seems appropriate to use electronic distribution for some SEPA documents. Distributing documents on CD or by email will be appropriate for SEPA documents that can be easily created or scanned into electronic format. For more complex documents, distributing printed copies may be the better option. For example, a document with a detailed site plan or map may be difficult to read in electronic format and may need to be distributed in printed format to allow reviewers to read and understand the information.

The SEPA lead agency must decide whether electronic distribution will "make the SEPA process useful to decision-makers and the public" and "encourage public involvement in decisions that significantly affect environmental quality" (WAC 197-11-030). Factors to consider include:

1. Complete document – An electronic document must contain the same information as the printed document. This includes the environmental checklist, site plans, maps, reports, studies, and other information normally distributed with the SEPA document. If the document or the attachments are large or cannot be converted to an electronic form, printed copies should be distributed.
2. Document format – Agencies, tribes and the public must be able to view the electronic document to review and comment on the proposal, and to use the information in decision-making. Since not everyone has the same software, a universal format such as .pdf should be used.
3. Availability of printed copies – Documents distributed electronically should also be available in printed format for those who do not have easy access to a computer or have difficulty reading electronic files. All notices should indicate where to obtain a printed copy of the document. The notice may also include a list of places where the document can be viewed, such as the agency’s offices or a local library.

Is placing a copy on the agency website sufficient?

When the SEPA Rules require the lead agency to send copies of SEPA documents to specific agencies, tribes, and others, the document must be sent in either printed format, on CD, or by email (see discussion above about electronic documents). A notice that the document is available on the Internet does not meet the requirements of the SEPA Rules.

Making SEPA documents available on a website makes it quicker and easier to access the document. However, websites can change and old links can become “broken”. In addition, agencies with jurisdiction and others may need copies of the document in their files and should not have the burden of downloading or printing large documents (particularly those in multiple files).

For some types of documents the SEPA Rules allow the lead agency to send either a “notice of availability” or a copy of the document to other interested parties. In those cases, the notice of availability may indicate the document is available on the website. The notice should also indicate where a printed copy can be obtained and/or viewed.

Which documents will Ecology accept in electronic format?

The following documents may be submitted to Ecology by email or on CD, provided the document meets the format requirements described in the next section.

• Determinations of nonsignificance (DNS), including mitigated DNSs, revised DNSs, and DNS withdrawal notices (must include the checklist, maps and other attachments),
• Optional process DNSs under WAC 197-11-355 (ODNS), including the notice of application indicating a DNS is likely, and the ODNS when it is issued after considering comments on the notice of application,
• Determinations of significance (DS)/scoping notices,
• Prethreshold consultation requests (requests for comments on the environmental checklist before a DNS or DS is issued),
• Adoption notices with either a DNS or DS,
• Addendums, or
• Notices of Action under RCW 43.21C.080

Environmental impact statements (EISs) will NOT be accepted via email because of the file size and the file retention time. The SEPA Rules require agencies to send two copies of every EIS (draft, final, or supplemental) to Ecology. Since Ecology retains EISs for 20 years or longer, two printed copies of each EIS must be submitted. This will avoid issues associated with changing software, potential damage to CDs, etc. Additional copies of the EIS may be submitted on CD.

To avoid confusion and duplicate entries in the SEPA Register, please do not send multiple emails of the same document. If you submit a SEPA document by email, please do not send a printed copy by mail. Multiple copies of the same document cause confusion and may result in duplicate entries in the SEPA Register.

Emails must be sent to the SEPA Unit at sepaunit@ecy.wa.gov. CDs or printed documents must be mailed to the SEPA Unit, Department of Ecology, PO Box 47703, Olympia WA 98504-7703. Smaller documents may also be faxed to the SEPA Unit at fax number (360) 407-6904. At this time, an ftp option is not available.

Agencies submitting SEPA documents to Ecology should check the SEPA Register at http://apps.ecy.wa.gov/sepa/ to ensure the document was received and correctly listed on the Register. Ecology does not provide notification to the lead agency that a document has been received.

Although Ecology will accept some documents in electronic format, copies of the SEPA documents will NOT be available on Ecology's website. Anyone interested in reviewing a specific SEPA document should contact the SEPA lead agency to request a copy or to ask if the document is available on the lead agency's website. The SEPA Register includes the name of the lead agency contact person and the phone number.

Format for Electronic SEPA Documents

• Document Format – Electronic SEPA documents may be submitted in one of the following file formats:

• MS Word (.doc)
• Portable Document Format (.pdf)
• Rich Text Format (.rtf)
• ASCII Text (.txt)
• HTML (.html)

Attachments or additional information may be submitted in:

• MS Excel (.xls, .xlb),
• MS PowerPoint (.ppt, .pps),
• GIF (.gif)
• JPEG (.jpg)

Additional requirements:

• Files cannot contain macros or .exe files,
• File names should not be more than 30 characters,
• Only letters, numbers and underscores should be used in the file name,
• Use the correct file name extension.

• Email – Emails may not exceed 30 MB or have more than 10 attachments. The email message should briefly identify the project and the lead agency’s SEPA file number (if applicable).
• Document content – Electronic SEPA documents must include as much information as the printed copies. For example, DNSs and notices of application indicating a DNS is likely must include an environmental checklist. If the answers in the environmental checklist direct the reader to another document, that document needs to be included with the DNS. Other applicable information should also be included, such as maps, site plans, reports, and other information needed to review the DNS. If the maps and other attachments are not available in electronic format or cannot be easily read, the document cannot be submitted electronically and must be mailed to the SEPA Unit, Dept of Ecology, PO Box 47703, Olympia, WA 98504-7703.
• Signatures – SEPA documents must be signed by the responsible official. Electronically submitted documents should have either a scanned signature, some other form of electronic signature, or a note that the document is a copy of the original signed document.

Questions

Questions on electronic filing or general SEPA questions may be submitted to the SEPA Unit at sepahelp@ecy.wa.gov or call (360) 407-6922.