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197–11–500 Purpose of this part.
197–11–502 Inviting comment.
197–11–504 Availability and cost of environmental
documents.
197–11–508 SEPA register.
197–11–510 Public notice.
197–11–535 Public hearings and meetings.
197–11–545 Effect of no comment.
197–11–550 Specificity of comments.
197–11–560 FEIS response to comments.
197–11–570
Consulted agency costs to assist lead agency.
WAC 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.]
WAC 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 state–wide 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.]
WAC 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.]
(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.]
(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.]
(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.]
(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.]
(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.]
(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.
(2) All substantive comments received on the draft statement shall be appended to the final statement or summarized, where comments are repetitive or voluminous, and the summary appended. If a summary of the comments is used, the names of the commenters shall be included (except for petitions).
(3) In carrying out subsection (1), the lead agency may respond to each comment individually, respond to a group of comments, cross–reference comments and corresponding changes in the EIS, or use other reasonable means to indicate an appropriate response to comments.
(4) If the lead agency does not receive any comments critical of the scope or content of the DEIS, the lead agency may so state in an updated fact sheet (WAC 197–11–440(2)), which shall be circulated under WAC 197–11–460. The FEIS shall consist of the DEIS and updated fact sheet.
(5) If changes in response to comments are minor and are largely confined to the responses described in subsections (1)(d) and (e) of this section, agencies may prepare and attach an addendum, which shall consist of the comments, the responses, the changes, and an updated fact sheet. The FEIS, consisting of the DEIS and the addendum, shall be issued under WAC 197–11–460, except that only the addendum need be sent to anyone who received the DEIS.
(6) An FEIS shall be issued and circulated under WAC 197–11–460.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–560, filed 2/10/84, effective 4/4/84.]
WAC 197–11–570 Consulted agency costs to assist lead agency.
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.]