WSR 10-05-103

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed February 17, 2010, 8:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-19-024.

Title of Rule and Other Identifying Information: The university's rules regarding the State Environmental Policy Act in chapter 504-48 WAC are being updated.

Hearing Location(s): Lighty 401, WSU Pullman, Pullman, Washington, on March 24, 2010, at 4:00 p.m.

Date of Intended Adoption: May 7, 2010.

Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by March 24, 2010.

Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by March 22, 2010.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university's rules regarding the State Environmental Policy Act are being updated and clarified to reflect current administrative practices, offices, and titles.

Statutory Authority for Adoption: RCW 28B.30.150.

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

Name of Proponent: Washington State University, public.

Name of Agency Personnel Responsible for Drafting: Barbara Ryder, Sr. Campus Planner, Capital Planning and Development, Commons 209A, Pullman, Washington 99164-3611, (509) 335-2192; Implementation and Enforcement: Gerald Schlatter, Associate Vice-President, Capital Planning and Development, Commons 103A, Pullman, Washington 99164-3611, (509) 335-5571 and Lawrence Davis, Associate Vice-President, Facilities Operations, McCluskey Office, Pullman, Washington 99164-1150, (509) 335-9002.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

February 17, 2010

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-2845.1


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-015   Adoption by reference.   The university hereby adopts by reference the 1984 SEPA rules, chapter 197-11 of the Washington Administrative Code, and any amendments thereto, except as follows:


WAC


197-11-010 Authority.
197-11-020 Purpose.
197-11-030 Policy.
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.
197-11-906 Content and consistency of agency procedures.
((197-11-908 Environmentally sensitive areas.))
197-11-910 Designation of responsible official.
197-11-912 Procedures on consulted agencies.
197-11-917 Relationship to chapter 197-10 WAC.
197-11-950 Severability.
197-11-955 Effective date.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-015, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-020   Required methods of public notice.   When these rules require notice to be given under WAC 197-11-510, the university shall:

(1) Provide notice in such form as a press release or advertisement in ((WSU Week, Washington State University Daily Evergreen, and)) a newspaper of general circulation in the county, city or general area that the proposal is located; and

(2) In the case of site-specific project proposals, post a notice on the proposed site.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-020, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-040   Emergencies.   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 waters, 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) Cleanup or decontamination of academic and research facilities or equipment accidentally exposed or contaminated, to permit maintenance, repair or relocation, when the 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, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-040, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-050   Designation of responsible official.   ((For the purposes of SEPA, the responsible agency official is:


Director of Facilities Planning

122 French Administration Building

Washington State University

Pullman, WA 99164-1010)) The responsible agency official is, for those projects under the respective supervision of each, the associate vice-president for capital planning and development or the associate vice-president for facility operations, or their designees.

[Statutory Authority: RCW 43.21C.120, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-050, filed 10/19/90, effective 11/19/90.]


AMENDATORY SECTION(Amending Order 90-3, filed 10/19/90, effective 11/19/90)

WAC 504-48-060   Procedures ((on)) of consulted agencies.   The responsible officer designated in WAC 504-48-050 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, 34.05.350, 28B.30.095 and WAC 197-11-904. 90-21-093 (Order 90-3), 504-48-060, filed 10/19/90, effective 11/19/90.]


NEW SECTION
WAC 504-48-065   Administrative appeal.   There is no administrative appeal of any university determination relating to SEPA. Any appeal must be a judicial appeal under WAC 197-11-680(4).

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Washington State Code Reviser's Office