Effective Date of Rule: Thirty-one days after filing.
Purpose: These rules update the Washington state convention and trade center's (WSCTC) SEPA rules, clarify when WSCTC will serve as the lead agency, specify certain emergency actions as categorically exempt and adopt the city of Seattle's flexible thresholds for categorical exemptions.
Citation of Existing Rules Affected by this Order: Repealing WAC 140-09-058, 140-09-080, 140-09-090, 140-09-100, 140-09-120 and 140-09-200; and amending WAC 140-09-010, 140-09-020, 140-09-040, 140-09-050, 140-09-065, 140-09-110, 140-09-128, 140-09-130, 140-09-140, 140-09-150, 140-09-155, 140-09-175, 140-09-180, 140-09-185, and 140-09-230.
Statutory Authority for Adoption: RCW 43.21C.120.
Adopted under notice filed as WSR 08-07-068 on March 17, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 20, 2008.
President and General Manager
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-010, filed 1/3/85. Formerly chapter 140-08 WAC.]
|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.|
|197-11-100||Information required of applicants.|
|197-11-250||SEPA/Model Toxics Control Act integration|
|197-11-253||SEPA lead agency for MTCA actions.|
|197-11-259||Determination of nonsignificance for MTCA remedial action.|
|197-11-262||Determination of significance and EIS for MTCA remedial actions.|
|197-11-265||Early scoping for MTCA remedial actions.|
|197-11-268||MTCA interim actions.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-020, filed 1/3/85.]
(2) For all proposals for which the corporation is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in WAC 140-09-020.
(3) The corporation shall retain all documents required
by the SEPA rules (chapter 197-11 WAC) and make them available
in accordance with chapter 42.17 RCW.))
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-040, filed 1/3/85.]
When the corporation is the lead agency for a
proposal, it shall determine the responsible official who
shall supervise compliance with the threshold determination
requirements, and if an EIS is necessary, shall supervise
preparation of the EIS.)) The corporation shall serve as the
lead agency for all proposals by the corporation. When the
total proposal will involve both private and corporation
construction activity, it shall be characterized as either a
private or a corporation project for the purposes of lead
agency designation, depending upon whether the primary sponsor
or initiator of the project is the corporation or a private
party. Any project in which corporation and private interests
are too intertwined to make this characterization shall be
considered a corporation project.
(3) When the corporation is not the lead agency for a proposal, the corporation shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The corporation shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the corporation may conduct supplemental environmental review under WAC 197-11-600.
(4) If the corporation receives a lead agency
determination made by another agency that appears inconsistent
with the criteria of WAC 197-11-253 or WAC 197-11-922 through
197-11-940, it may object to the determination. Any objection
must be made to the agency originally making the determination
and resolved within fifteen days of receipt of the
determination, or the corporation must petition the department
of ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such
petition on behalf of the corporation may be initiated by the
administrator)) president of the Washington state convention
and trade center.
(5) The corporation is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided that the responsible official approves the agreement.
(6) The corporation, making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (That is: Which agencies require nonexempt licenses?).
(7) When the corporation is the lead agency for a MTCA remedial action, the department of ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the corporation shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-050, filed 1/3/85.]
|197-11-300||Purpose of this part.|
|197-11-310||Threshold determination required.|
|197-11-330||Threshold determination process.|
|197-11-340||Determination of nonsignificance (DNS).|
|197-11-360||Determination of significance (DS)/initiation of scoping.|
|197-11-390||Effect of threshold determination.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-065, filed 1/3/85.]
|197-11-400||Purpose of EIS.|
|197-11-410||Expanded scoping. (Optional)|
|197-11-425||Style and size.|
|197-11-435||Cover letter or memo.|
|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.|
|197-11-455||Issuance of DEIS.|
|197-11-460||Issuance of FEIS.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-110, filed 1/3/85.]
|197-11-500||Purpose of this part.|
|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.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-128, filed 1/3/85.]
(2) The corporation shall make copies of any environmental document available in accordance with chapter 42.56 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.
(a) If public notice is required for a nonexempt
license under a statute other than SEPA, the notice shall
state whether a DS or DNS has been issued and when comments
(b) If no public notice is required for the nonexempt license under a statute other than SEPA, the corporation shall give notice of the DNS or DS by at least one of the following:
(i) Posting the property, for site-specific proposals;
(ii) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;
(iv) Notifying the news media;
(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or
(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas).
(c) Whenever the corporation issues a DS under WAC 197-11-360(3), the corporation shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
(2) Whenever the corporation issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by indicating the availability of the DEIS in any public notice required for a nonexempt license; and at least one of the following:))
(a) Posting the property, for site-specific proposals; and
(b) Publishing notice in a newspaper of general
circulation in the county, city, or general area where the
proposal is located((
;)) (e.g., The Seattle Times or the
c) Notifying public or private groups which have
expressed 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 notices in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).
(3))) (2) Whenever possible, the corporation shall integrate the public notice required under this section with existing notice procedures for the corporation's nonexempt licenses required for the proposal.
(4))) (3) The corporation may require an applicant to
complete the public notice requirements for the applicant's
proposal at his or her expense.
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-130, filed 1/3/85.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 85-03-004, filed 1/3/85)
WAC 140-09-140 Designation of official to perform consulted agency responsibilities for the corporation. ((
The administrator of the Washington state convention and trade
center shall be responsible for preparation of written
comments for the corporation in response to a consultation
request prior to a threshold determination, participation in
scoping, and reviewing a DEIS.
(2) The responsible official shall be responsible for the corporation's compliance with WAC 197-11-550 whenever the corporation is a consulted agency and is authorized, but not required, to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the corporation.)) The president of the corporation, or his or her designee, 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: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-140, filed 1/3/85.]
|197-11-600||When to use existing environmental documents.|
|197-11-610||Use of NEPA documents.|
|197-11-620||Supplemental environmental impact statement—Procedures.|
|197-11-635||Incorporation by reference—Procedures.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-150, filed 1/3/85.]
|197-11-650||Purpose of this part.|
|197-11-660||Substantive authority and mitigation.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-155, filed 1/3/85.]
|197-11-721||Closed record appeal.|
|197-11-734||Determination of nonsignificance (DNS).|
|197-11-736||Determination of significance (DS).|
|197-11-754||Incorporation by reference.|
|197-11-756||Lands covered by water.|
|197-11-775||Open record hearing.|
|197-11-799||Underlying governmental action.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-175, filed 1/3/85.]
|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.|
|197-11-890||Petitioning DOE to change exemptions.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-180, filed 1/3/85.]
(1) Emergency pollution control actions responding to accidental discharges, leaks or spills into the air, water, or 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) Cleanup or decontamination of the corporation's facilities or equipment 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 public health or safety resulting from structural failure, accidental or intentional acts or omissions, equipment malfunction, human error or natural event.
|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.|
|197-11-920||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.|
[Statutory Authority: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-185, filed 1/3/85.]
|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: Chapter 43.21C RCW. 85-03-004 (Order 3, Resolution No. 103), § 140-09-230, filed 1/3/85.]
The following sections of chapter 140-09 of the Washington Administrative Code are repealed:
|140-09-058||Additional timing considerations.|
|140-09-080||Use of exemptions.|
|140-09-120||Preparation of EIS -- Additional considerations.|