Title of Rule: Chapter 478-324 WAC, Rules and regulations for the University of Washington implementation of the State Environmental Policy Act.

Purpose: The State Environmental Policy Act (SEPA) ensures that environmental values and impacts are considered during decision making. Chapter 478-324 WAC implements SEPA rules and regulations for the University of Washington.

Statutory Authority for Adoption: RCW 43.21C.120.

Statute Being Implemented: RCW 43.21C.120.

Summary: Chapter 43.21C RCW, State environmental policy, was adopted in the early 1970s and the SEPA guidelines, chapter 197-10 WAC, became effective in January 1976 and amended in 1981. These guidelines include specific procedural requirements, lead agency responsibilities, the threshold determination process, and methods to reduce duplication, unnecessary paperwork and delay.

Reasons Supporting Proposal: Chapter 478-324 WAC has worked well since its adoption. Revisions are needed now to bring the chapter up to date with changes to the state's guidelines and with the reorganization of the University of Washington's Capital Projects Office. Additionally, clarification of the notification process is needed.

Name of Agency Personnel Responsible for Drafting and Enforcement: Fredrick W. King, Assistant Vice-President for Capital Projects, 105 Physical Plant Office Building, University of Washington, (206) 221-4344; and Implementation: Weldon E. Ihrig, Executive Vice-President, 306 Gerberding Hall, University of Washington, (206) 543-6410.

Name of Proponent: University of Washington, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed rule changes help to reduce paperwork, duplication and delay as well as implement the environmental policies of the University of Washington.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule changes are housekeeping in nature. These changes bring the existing rules into conformance with changes to the state's rules governing environmental compliance and organizational changes within the University of Washington's Capital Projects Office. The proposed changes clarify existing procedures. The proposed changes have been reviewed and approved by the University of Washington's SEPA Advisory Committee and the City University Community Advisory Committee. These committees include City of Seattle officials; community members; and University of Washington faculty, staff and students.

Proposal Changes the Following Existing Rules: The proposal amends the following sections of the Washington Administrative Code: WAC 478-324-020, 478-324-030, 478-324-040, 478-324-060, 478-324-070, 478-324-090, 478-324-110, 478-324-120, 478-324-130, 478-324-140, 478-324-150, 478-324-170, 478-324-180, 478-324-190, 478-324-200, and 478-324-210.

The proposal repeals the following section of the Washington Administrative Code: WAC 478-324-050.

September 16, 1999

Rebecca Goodwin Deardorff

Administrative Procedures Officer

OTS-3363.1

AMENDATORY SECTION(Amending WSR 84-20-074, filed 10/2/84)

WAC 478-324-020
Adoption by reference.

The university hereby adopts by reference the following sections of the 1984 SEPA rules, chapter 197-11 of the Washington Administrative Code.

General Requirements
WAC
197-11-040	Definitions.
197-11-050	Lead agency.
197-11-055	Timing of the SEPA process.
197-11-060	Content of environmental review.
197-11-070	Limitations on actions during SEPA process.
197-11-080	Incomplete or unavailable information.
197-11-090	Supporting documents.
197-11-100	Information required of applicants.
197-11-250	SEPA/Model Toxics Control Act integration.
197-11-253	SEPA lead agency for MTCA actions.
197-11-256	Preliminary evaluation.
197-11-259	Determination of nonsignificance for MTCA remedial actions.
197-11-262	Determination of significance and EIS for MTCA remedial actions.
197-11-265	Early scoping for MTCA remedial actions.
197-11-298	MTCA interim actions.
Categorical Exemptions and Threshold Determination
WAC
197-11-300	Purpose of this part.
197-11-305	Categorical exemptions.
197-11-310	Threshold determination required.
197-11-315	Environmental checklist.
197-11-330	Threshold determination process.
197-11-335	Additional information.
197-11-340	Determination of nonsignificance (DNS).
197-11-350	Mitigated DNS.
197-11-360	Determination of significance (DS)/initiation of scoping.
197-11-390	Effect of threshold determination.
Environmental Impact Statement (EIS)
WAC
197-11-400	Purpose of EIS.
197-11-402	General requirements.
197-11-405	EIS types.
197-11-406	EIS timing.
197-11-408	Scoping.
197-11-410	Expanded scoping. (Optional)
197-11-420	EIS preparation.
197-11-425	Style and size.
197-11-430	Format.
197-11-435	Cover letter or memo.
197-11-440	EIS contents.
197-11-442	Contents of EIS on nonproject proposals.
197-11-443	EIS contents when prior nonproject EIS.
197-11-444	Elements of the environment.
197-11-448	Relationship of EIS to other considerations.
197-11-450	Cost-benefit analysis.
197-11-455	Issuance of DEIS.
197-11-460	Issuance of FEIS.
Commenting
WAC
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.
Using Existing Environmental Documents
WAC
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.
SEPA and Agency Decisions
WAC
197-11-650	Purpose of this part.
197-11-655	Implementation.
197-11-660	Substantive authority and mitigation.
197-11-680	Appeals.
Definitions
WAC
197-11-700	Definitions.
197-11-702	Act.
197-11-704	Action.
197-11-706	Addendum.
197-11-708	Adoption.
197-11-710	Affected tribe.
197-11-712	Affecting.
197-11-714	Agency.
197-11-716	Applicant.
197-11-718	Built environment.
197-11-720	Categorical exemption.
197-11-721	Closed record appeal.
197-11-722	Consolidated appeal.
197-11-724	Consulted agency.
197-11-726	Cost-benefit analysis.
197-11-728	County/city.
197-11-730	Decision maker.
197-11-732	Department.
197-11-734	Determination of nonsignificance (DNS).
197-11-736	Determination of significance (DS).
197-11-738	EIS.
197-11-740	Environment.
197-11-742	Environmental checklist.
197-11-744	Environmental document.
197-11-746	Environmental review.
((197-11-748	Environmentally sensitive area.))
197-11-750	Expanded scoping.
197-11-752	Impacts.
197-11-754	Incorporation by reference.
197-11-756	Lands covered by water.
197-11-758	Lead agency.
197-11-760	License.
197-11-762	Local agency.
197-11-764	Major action.
197-11-766	Mitigated DNS.
197-11-768	Mitigation.
197-11-770	Natural environment.
197-11-772	NEPA.
197-11-774	Nonproject.
197-11-775	Open record hearing.
197-11-776	Phased review.
197-11-778	Preparation.
197-11-780	Private project.
197-11-782	Probable.
197-11-784	Proposal.
197-11-786	Reasonable alternative.
197-11-788	Responsible official.
197-11-790	SEPA.
197-11-792	Scope.
197-11-793	Scoping.
197-11-794	Significant.
197-11-796	State agency.
197-11-797	Threshold determination.
197-11-799	Underlying governmental action.
Categorical Exemptions
WAC
197-11-800	Categorical exemptions.
197-11-810	Exemptions and nonexemptions applicable to specific state agencies.
197-11-820	Department of licensing.
197-11-825	Department of labor and industries.
197-11-830	Department of natural resources.
197-11-835	Department of fisheries.
197-11-840	Department of game.
197-11-845	Department of social and health services.
197-11-850	Department of agriculture.
197-11-855	Department of ecology.
197-11-860	Department of transportation.
197-11-865	Utilities and transportation commission.
197-11-870	Department of commerce and economic development.
197-11-875	Other agencies.
197-11-880	Emergencies.
197-11-890	Petitioning DOE to change exemptions.
Agency Compliance
WAC
197-11-900	Purpose of this part.
197-11-902	Agency SEPA policies.
197-11-904	Agency SEPA procedures.
197-11-906	Content and consistency of agency procedures.
197-11-910	Designation of responsible official.
197-11-912	Procedures of consulted agencies.
197-11-914	SEPA fees and costs.
197-11-916	Application to ongoing actions.
197-11-917	Relationship to chapter 197-10 WAC.
197-11-918	Lack of agency procedures.
197-11-920	Agencies with environmental expertise.
197-11-922	Lead agency rules.
197-11-924	Determining the lead agency.
197-11-926	Lead agency for governmental proposals.
197-11-928	Lead agency for public and private proposals.
197-11-930	Lead agency for private projects with one agency with jurisdiction.
197-11-932	Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934	Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197-11-936	Lead agency for private projects requiring licenses from more than one state agency.
197-11-938	Lead agencies for specific proposals.
197-11-940	Transfer of lead agency status to a state agency.
197-11-942	Agreements on lead agency status.
197-11-944	Agreements on division of lead agency duties.
197-11-946	DOE resolution of lead agency disputes.
197-11-948	Assumption of lead agency status.
197-11-950	Severability.
197-11-955	Effective date.
Forms
WAC
197-11-960	Environmental checklist.
197-11-965	Adoption notice.
197-11-970	Determination of nonsignificance (DNS).
197-11-980	Determination of significance and scoping notice (DS).
197-11-985	Notice of assumption of lead agency status.
197-11-990	Notice of action.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-020, filed 10/2/84.]

(1) For project-type actions involving construction or modification of facilities, the threshold determination, DNS, mitigated-DNS, or draft EIS shall be completed ((prior to)) no later than the authorization to prepare ((working drawings)) construction documents.  When an EIS is required, the final EIS shall be issued no later than seven days prior to the award of a construction contract.

(2) For nonproject-type actions, the threshold determination ((and any required)), DNS, mitigated-DNS, or EIS shall be completed prior to final approval or adoption of the proposal by the board of regents or agent delegated by the board to take such action.  When an EIS is required, the final EIS shall be issued no later than seven days prior to the approval or adoption of a proposal.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-030, filed 10/2/84.]

A SEPA advisory committee (the committee) shall be established to assist the university with environmental review and with integrating SEPA procedures with the planning and decision((-))making process.  The committee shall aid the university in complying with the State Environmental Policy Act (chapter 43.21C RCW) and State Environmental Policy Act rules (chapter 197-11 WAC), except for those actions pertaining to the metropolitan tract.  The committee shall consist of members representing the students, faculty, and staff of the university and shall be appointed by the president.  It shall be the mission of the committee to ensure that sound decision((-))making at the university includes early consideration of environmental values and goals and timely preparation and review of environmental analysis.  ((This mission shall be carried out in the following ways:

(1) The committee shall adopt procedures which provide for the review of environmental documents within the time limits established by WAC 197-11-455(6), 197-11-340, and 197-11-408.

(2) The committee shall be involved from the initiation of the university's scoping procedures.

(3) The committee shall review all nonexempt actions for compliance with the provisions of the SEPA rules.  Generally, review shall occur:

(a) At the earliest possible time after a proposed action is sufficiently well defined to permit meaningful environmental analysis.

(b) In all cases, before a final decision has been made.

(4) Specifically, committee review shall occur:

(a) After completion of an environmental checklist but before threshold determination.

(b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.

(c) Prior to the responsible official issuing a mitigated DNS.

(d) Prior to the publication of any draft EIS.

(e) Prior to the publication of any final EIS.

(5) At least one member representing the committee shall attend public hearings on the environmental impact of a proposal.

(6) To enable the SEPA advisory committee to be involved in the university's SEPA procedures at the earliest possible time, the university environmental planning staff shall:

(a) Review capital project programs, project proposals, and nonproject proposals to identify potential environmental issues and/or constraints.

(b) Consult with the chairperson on significant issues to determine which issues should be reviewed with the full committee.

(7) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.))

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-040, filed 10/2/84.]

(1) The responsible official shall consult with the committee as follows:

(a) After completion of an environmental checklist but before threshold determination.

(b) Prior to the responsible official's reconsideration of the threshold determination if substantive comments have been received regarding the DNS.

(c) Prior to the responsible official issuing a mitigated DNS.

(d) Prior to the issuance of a scoping notice.

(e) Prior to the publication of any draft EIS.

(f) Prior to the publication of any final EIS.

(2) Committee review of DNS and mitigated DNS may occur without a formal meeting.

(3) The university shall give the committee notice of public hearings on the environmental impact of a proposal.

(4) The committee's recommendations shall be advisory and shall not relieve the responsible officials of their responsibilities as established by these procedures.

[]

(1) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee.

(2) If the university withdraws a DNS and makes a new threshold determination, the responsible official shall send notice of any withdrawn DNS and new threshold determination to agencies with jurisdiction, the city-university community advisory committee, and the SEPA advisory committee ((shall be advised of any withdrawn DNS and the reasons for its withdrawal)).

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-060, filed 10/2/84.]

(1) In consultation with the SEPA advisory committee, ((city-university community advisory committee, and other agencies with jurisdiction,)) the responsible official will determine if there are mitigating measures and clarifications or changes to the environmental checklist which would reduce impacts to the extent that a mitigated DNS could be issued.

(2) All mitigation measures in a mitigated DNS for a proposed project shall be included in the final project, with the exception of any measures clearly the responsibility of another agency.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-070, filed 10/2/84.]

(1) Scoping shall be used for EIS's and supplemental EIS's.

(2) The university shall notify members of the SEPA advisory committee, the city-university community advisory committee, agencies with jurisdiction, and others on the university SEPA mailing list of the DS and the initiation of this scoping process.  Written comments shall be provided to the university within twenty-one days of the issuance of the DS.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-090, filed 10/2/84.]

(1) The university shall send copies of the draft EIS to the SEPA advisory committee((,)) and the city-university community advisory committee((, other agencies with jurisdiction, and all individuals, organizations and agencies who provided comments during the scoping process)).

(2) The university shall provide notice of the draft EIS to all individuals, organizations and agencies who provided comment during the scoping process.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-110, filed 10/2/84.]

((A final EIS (FEIS) shall be issued by the responsible official and shall be sent to)) (1) The university shall send copies of the final EIS to the SEPA advisory committee and the city-university community advisory committee((, agencies with jurisdiction, the SEPA advisory committee, all other individuals, organizations and agencies who provided comments on the draft EIS, and to anyone requesting an FEIS.  Notices of availability of the final EIS shall be sent to others on the SEPA mailing list and to those who expressed an interest in the draft EIS, but who did not provide comments)).

(2) The responsible official shall send notice of availability of the final EIS to anyone who received and/or commented on the DEIS.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-120, filed 10/2/84.]

(1) The University of Washington Visitors((')) Information Center shall serve as the university's SEPA information center.

(2) The following documents shall be maintained at the SEPA ((public)) information center:

(a) Copies of all SEPA public information registers for a period of one year from the date of publication.

(b) Copies of all environmental checklists, determinations of nonsignificance and determinations of significance for a period of one year from the date of issue.

(c) Copies of all current scoping and public hearing notices.

(d) Copies of all draft and final EIS's for a period of three years after the date of publication, except that technical appendices need not be maintained at the SEPA information center if adequate notice is provided regarding where on campus such appendices are located.

(e) Copies of all ((documents)) draft and final EIS's which have been incorporated by reference ((in the environmental assessments)) shall be maintained at the SEPA information center for the same time period as the underlying document is maintained.

(f) A current list of individuals designated as responsible officials for university compliance with SEPA.

(g) A current membership list of the SEPA advisory committee.

(h) Copies of agendas and minutes of the SEPA advisory committee for a period of one year after the date of issue.

(3) The documents at the SEPA information center shall be available for public inspection and copies thereof shall be provided upon request.  A fee to cover the actual cost of printing/copying may be charged for copies.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-130, filed 10/2/84.]

The university shall provide public notice of scoping, DNS with comment period, public hearings scheduled in accordance with these procedures and availability of draft and final EIS's by:

(1) ((Sending copies of the document or notice of availability of the document to those identified in WAC 478-324-090 above;

(2))) Posting a notice on or near the proposed site (for project EIS's);

(((3))) (2) Providing notice in such form as a press release or advertisement in ((the University Week, University of Washington Daily, and a Seattle newspaper of general circulation)) a legal newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., Daily Journal of Commerce).

(3) Providing notice in such form as a press release or advertisement in the University Week and University of Washington Daily. If the University Week and/or the University of Washington Daily is not in publication, then notice shall instead be published in a newspaper of general circulation in the area where the property which is the subject of the action is located (e.g., The Seattle Times or The Seattle Post-Intelligencer).

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-140, filed 10/2/84.]

(1) "Final action" means the university's decision to proceed or not proceed with a proposal and is so defined in compliance with public notice requirements, RCW 43.21C.080.  For proposals involving a series of decision points, the final action shall be clearly identified in the environmental checklist and/or EIS.  The point at which the final action is made during the planning process may vary depending upon the nature of the proposal, but at no time shall the final action occur before ((fifteen)) fourteen days following issuance of a DNS or seven days following issuance of an FEIS.

(2) (("Lead unit" means that unit of the university which is responsible for preparing the environmental checklist, making the threshold determination, and preparing the draft and final EIS's.

(3))) "SEPA mailing list" means a current list maintained at the ((campus planning)) capital projects office at the university of all individuals, groups, and agencies who have communicated to the university their interest in SEPA policies, procedures, and documents.  This list shall include the city-university community advisory committee and all community organizations represented on the committee, including those with alternative representation.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-150, filed 10/2/84.]

Actions that must be undertaken immediately or within a time too short to allow full compliance with these rules, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter.  Such actions include, but are not limited to, the following:

(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, ((state)) water((s)), or ((on)) land.

(2) Implementation of a change in waste disposal procedures caused by unanticipated changes in waste sources which are in compliance with federal and state regulations and standards.

(3) Clean-up or decontamination of academic and research facilities or equipment ((accidently)) accidentally exposed or contaminated, to permit maintenance, repair or relocation, when procedures followed are in accordance with federal or state guidelines, recommendations, or standards.

(4) Emergency actions implemented to reduce an imminent hazard to the health and safety of an element of the university resulting from structural failure, equipment malfunction, human error or natural event.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-170, filed 10/2/84.]

(((1) The president shall appoint a responsible official for each unit of the university which may propose a nonexempt action.

(2))) The ((director of campus planning)) assistant vice president for capital projects or his or her designee shall serve as the responsible official for ((any unit of the)) all university ((which requests that the campus planning office serve as the lead unit)) projects.

(((3) Responsible officials shall carry out the duties and functions of the university with regard to these rules for all major actions initiated by their unit.))

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-180, filed 10/2/84.]

The ((campus planning)) capital projects office shall be responsible for coordinating, receiving, and reviewing comments and requests for information from agencies regarding threshold determinations, scoping, EIS's, and supplemental EIS's.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-190, filed 10/2/84.]

(1) Except as otherwise specially provided herein, the university shall serve as the lead agency for all proposals ((it initiates.  In the event that one or more additional agencies share in the implementation of the proposal, the university and the agencies shall by agreement determine which agency will assume the status of lead agency.  Any dispute over lead agency determination shall be settled in accordance with the provisions of WAC 197-11-946)).

(2) When the total proposal will involve both private and university construction activity, it shall be characterized as either a private or a university project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator of the project is the university or a private party.  Any project in which university and private interests are too intertwined to make this characterization shall be considered a university project.

(3) The university's responsibilities as lead agency include complying with the threshold determination procedures; the initiation and administration of the scoping process; the supervision or actual preparation of draft EIS's, including the circulation of such statements, the conduct of any public hearings or public meetings required by these rules; and the supervision or preparation of required final EIS's and supplemental EIS's.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-200, filed 10/2/84.]

(1) For university actions subject to SEPA, the ((campus planning)) capital projects office ((or the university academic or administrative unit initiating or administering the action)) shall be charged with the university's lead agency responsibilities.

(2) ((For actions involving more than one university unit, the involved units shall by agreement determine which unit will assume the university's lead agency responsibilities.  Any dispute as to lead unit determination shall be resolved by the president.

(3))) The ((campus planning)) capital projects office shall have primary university responsibility for providing procedural advice with regard to these rules.

(3) All university units with environmental expertise should strive to make their services available to ((lead units)) the capital projects office to assist in the university's compliance with SEPA.

[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904.  84-20-074 (Order), § 478-324-210, filed 10/2/84.]

     The following section of the Washington Administrative Code is repealed:

WAC 478-324-050

Additional considerations in threshold determination process.

© Washington State Code Reviser's Office