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197–11–600
When to use existing environmental documents.
197–11–610 Use of NEPA
documents.
197–11–620
Supplemental environmental impact statement––Procedures.
197–11–625 Addenda––Procedures.
197–11–630 Adoption––Procedures.
197–11–635
Incorporation by reference––Procedures.
197–11–640 Combining
documents.
(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is likely to have significant adverse environmental impacts (or lack of significant adverse impacts, if a DS is being withdrawn); or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).
(4) Existing documents may be used for a
proposal by employing one or more of the following methods:
(a) "Adoption," where an agency may use all or part of an existing environmental document to meet its responsibilities under SEPA. Agencies acting on the same proposal for which an environmental document was prepared are not required to adopt the document; or
(b) "Incorporation by reference," where an agency preparing an environmental document includes all or part of an existing document by reference.
(c) An addendum, that adds analyses or information about a proposal but does not substantially change the analysis of significant impacts and alternatives in the existing environmental document.
(d) Preparation of a SEIS if there are:
(i) Substantial changes so that the proposal is likely to have significant adverse environmental impacts; or
(ii) New information indicating a proposal’s probable significant adverse environmental impacts.
(e) If a proposal is substantially similar to one covered in an existing EIS, that EIS may be adopted; additional information may be provided in an addendum or SEIS (see (c) and (d) of this subsection).
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97–21–030 (Order 95–16), § 197–11–600, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–600, filed 2/10/84, effective 4/4/84.]
(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 may be adopted to satisfy requirements for a determination of nonsignificance or EIS, if the requirements of WAC 197–11–600 and 197–11–630 are met.
(3) An agency may adopt a NEPA EIS as a substitute for preparing a SEPA EIS if:
(a) The requirements of WAC 197–11–600 and 197–11–630 are met (in which case the procedures in Parts Three through 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.
(4) Subsequent use by another agency of a federal EIS, adopted under subsection (3) of this section, for the same (or substantially the same) proposal does not require adoption, unless the criteria in WAC 197–11–600(3) are met.
(5) If the lead agency has not held a public hearing within its jurisdiction to obtain comments on the adequacy of adopting a federal environmental document as a substitute for preparing a SEPA EIS, a public hearing for such comments shall be held if, within thirty days of circulating its statement of adoption, a written request is received from at least fifty persons who reside within the agency’s jurisdiction or are adversely affected by the environmental impact of the proposal. The agency shall reconsider its adoption of the federal document in light of public hearing comments.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–610, filed 2/10/84, effective 4/4/84.]
WAC 197–11–620 Supplemental environmental impact statement––Procedures.
(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.]
WAC 197–11–625 Addenda––Procedures.
(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.]
WAC 197–11–630 Adoption––Procedures.
(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.
(3) When an existing EIS is adopted and:
(a) A supplemental environmental impact statement or addendum is not being prepared, the agency shall circulate its statement of adoption as follows:
(i) The agency shall send copies of the adoption notice to the department of ecology, to agencies with jurisdiction, to cities/counties in which the proposal will be implemented, and to local agencies or political subdivisions whose public services would be changed as a result of implementation of the proposal.
(ii) The agency is encouraged to send the adoption notice to persons or organizations that have expressed an interest in the proposal or are known by the agency to have an interest in the type of proposal being considered, or the lead agency should announce the adoption in agency newsletters or through other means.
(iii) No action shall be taken on the proposal until seven days after the statement of adoption has been issued. The date of issuance shall be the date the statement of adoption has been sent to the department of ecology and other agencies and is publicly available.
(b) A SEIS is being prepared, the agency shall include the statement of adoption in the SEIS; or
(c) An addendum is being prepared, the agency shall include the statement of adoption with the addendum and circulate both as in subsection (3)(a) of this section.
(4) A copy of the adopted document must accompany the current proposal to the decision maker; the statement of adoption may be included.
(5) If known, the adopting agency shall disclose in its adoption notice when the adopted document or proposal it addresses is the subject of a pending appeal or has been found inadequate on appeal.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–630, filed 2/10/84, effective 4/4/84.]
WAC 197–11–635 Incorporation by reference––Procedures.
(1) Agencies should use existing studies and incorporate material by reference whenever appropriate.
(2) Material incorporated by reference (a) shall be cited, its location identified, and its relevant content briefly described; and (b) shall be made available for public review during applicable comment periods.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–635, filed 2/10/84, effective 4/4/84.]
WAC 197–11–640 Combining documents.
The SEPA process shall be combined with the existing planning, review, and project approval processes being used by each agency with jurisdiction. When environmental documents are required, they shall accompany a proposal through the existing agency review processes. Any environmental document in compliance with SEPA may be combined with any other agency documents to reduce duplication and paperwork and improve decision making. The page limits in these rules shall be met, or the combined document shall contain, at or near the beginning of the document, a separate summary of environmental considerations, as specified by WAC 197–11–440(4). SEPA page limits need not be met for joint state–federal EISs prepared under both SEPA and NEPA, in which case the NEPA page restrictions (40 CFR 1502.7) shall apply.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–640, filed 2/10/84, effective 4/4/84.]