EXPEDITED RULES
Title of Rule and Other Identifying Information: Chapter 308-200A WAC, Rules implementing the Washington State
Environmental Policy Act.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Walt Fahrer, Department of Licensing (DOL), P.O. Box 2957, Olympia, WA 98507-2957 , AND RECEIVED BY October 19, 2010.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Extensive rewrite of existing rules adopted in 1978. The revised rule adopts by reference relevant sections of chapter 197-11 WAC, the Washington Environmental Policy Act. Agency rules implementing the act are mandatory. It is the intent of DOL that this revision does not change the effect of the superseded rule.
Reasons Supporting Proposal: Clarity of rule language.
Statutory Authority for Adoption: RCW 43.21C.120.
Statute Being Implemented: RCW 43.21C.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOL, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Ben Shomshor, P.O. Box 2957, Olympia, WA 98507-2957, (360) 359-4019; and Enforcement: Julie Knittle, P.O. Box 9020, Olympia, WA 98507-9020, (360) 902-0118.
August 9, 2010
Walt Fahrer
Rules Coordinator
OTS-3381.1
AMENDATORY SECTION(Amending Order 500-DOL, filed 8/3/78)
WAC 308-200A-010
Authority.
((The department adopts by
reference the text of WAC 197-10-010, as it existed on January
21, 1978.)) These rules are promulgated under RCW 43.21C.120
(the State Environmental Policy Act) and chapter 197-11 WAC
(SEPA rules).
[Statutory Authority: RCW 43.21C.120. 78-09-002 (Order 500-DOL), § 308-200A-010, filed 8/3/78. Formerly WAC 308-200-010.]
(2) These rules do not govern compliance by the department with respect to the National Environmental Policy Act of 1969 (NEPA). When the department is required by federal law or regulations to perform some element of compliance with NEPA, such compliance will be governed by the applicable federal statute and regulations and not by these rules.)) This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the department of licensing.
[Statutory Authority: RCW 43.21C.120. 78-09-002 (Order 500-DOL), § 308-200A-020, filed 8/3/78. Formerly WAC 308-200-020.]
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. |
197-11-300 | 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. |
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. |
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. |
197-11-535 | 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. |
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. |
197-11-650 | Purpose of this part. |
197-11-655 | Implementation. |
197-11-660 | Substantive authority and mitigation. |
197-11-680 | Appeals. |
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. |
197-11-722 | 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. |
197-11-776 | 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. |
197-11-800 | Categorical exemptions. |
197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. |
197-11-855 | Department of ecology. |
197-11-880 | Emergencies. |
197-11-890 | Petitioning DOE to change exemptions. |
197-11-900 | Purpose of this part. |
197-11-908 | Critical areas. |
197-11-912 | Procedures of consulted agencies. |
197-11-916 | Application to ongoing actions. |
197-11-917 | Relationship to chapter 197-10 WAC. |
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. |
197-11-960 | 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. |
[]
The following sections of the Washington Administrative Code are repealed:
WAC 308-200A-025 | Scope and coverage of this chapter. |
WAC 308-200A-030 | Integration of SEPA procedures with other governmental operations. |
WAC 308-200A-040 | Definitions. |
WAC 308-200A-050 | Use of the environmental checklist form. |
WAC 308-200A-055 | Timing of the EIS process. |
WAC 308-200A-060 | Scope of a proposal and its impacts for the purposes of lead agency determination, threshold determination, and EIS preparation. |
WAC 308-200A-100 | Summary of information which may be required of a private applicant. |
WAC 308-200A-150 | Exemptions exclusive -- CEP approval of changes in exemptions. |
WAC 308-200A-160 | No presumption of significance for nonexempt actions. |
WAC 308-200A-170 | Categorical exemptions. |
WAC 308-200A-175 | Exemptions and nonexemptions applicable to the department. |
WAC 308-200A-177 | Environmentally sensitive areas. |
WAC 308-200A-180 | Exemptions for emergency actions. |
WAC 308-200A-190 | Use and effect of categorical exemptions. |
WAC 308-200A-200 | Lead agency -- Responsibilities. |
WAC 308-200A-203 | Determination of lead agency -- Procedures. |
WAC 308-200A-205 | Lead agency designation -- Governmental proposals. |
WAC 308-200A-210 | Lead agency designation -- Proposals involving both private and public construction activity. |
WAC 308-200A-215 | Lead agency designation -- Private projects for which there is only one agency with jurisdiction. |
WAC 308-200A-220 | Lead agency designation -- Private projects requiring licenses from more than one agency, when one of the agencies is a county/city. |
WAC 308-200A-225 | Lead agency designation -- Private projects requiring licenses from more than one state agency. |
WAC 308-200A-230 | Lead agency designation -- Specific proposals. |
WAC 308-200A-235 | Local agency transfer of lead agency status to a state agency. |
WAC 308-200A-240 | Agreements as to lead agency status. |
WAC 308-200A-245 | Agreements between agencies as to division of lead agency duties. |
WAC 308-200A-260 | Dispute as to lead agency determination -- Resolution by CEP. |
WAC 308-200A-270 | Assumption of lead agency status by another agency with jurisdiction. |
WAC 308-200A-300 | Threshold determination requirement. |
WAC 308-200A-305 | Recommended timing for threshold determination. |
WAC 308-200A-310 | Threshold determination procedures -- Environmental checklist. |
WAC 308-200A-320 | Threshold determination procedures -- Initial review of environmental checklist. |
WAC 308-200A-330 | Threshold determination procedures -- Information in addition to checklist. |
WAC 308-200A-340 | Threshold determination procedures -- Negative declarations. |
WAC 308-200A-345 | Assumption of lead agency status by another agency with jurisdiction over a proposal -- Prerequisites, effect and form of notice. |
WAC 308-200A-350 | Affirmative threshold determination. |
WAC 308-200A-355 | Form of declaration of significance/nonsignificance. |
WAC 308-200A-360 | Threshold determination criteria -- Application of environmental checklist. |
WAC 308-200A-365 | Environmental checklist. |
WAC 308-200A-370 | Withdrawal of affirmative threshold determination. |
WAC 308-200A-375 | Withdrawal of negative threshold determination. |
WAC 308-200A-390 | Effect of threshold determination by lead agency. |
WAC 308-200A-400 | Duty to begin preparation of a draft EIS. |
WAC 308-200A-405 | Purpose and function of a draft EIS. |
WAC 308-200A-410 | Predraft consultation procedures. |
WAC 308-200A-420 | Preparation of EIS by persons outside the lead agency. |
WAC 308-200A-425 | Organization and style of a draft EIS. |
WAC 308-200A-440 | Contents of a draft EIS. |
WAC 308-200A-442 | Special considerations regarding contents of an EIS on a nonproject action. |
WAC 308-200A-444 | List of elements of the environment. |
WAC 308-200A-446 | Draft EIS -- Optional additional elements -- Limitation. |
WAC 308-200A-450 | Public awareness of availability of draft EIS. |
WAC 308-200A-455 | Circulation of the draft EIS -- Review period. |
WAC 308-200A-460 | Specific agencies to which draft EIS shall be sent. |
WAC 308-200A-465 | Agencies possessing environmental expertise. |
WAC 308-200A-470 | Cost to the public for reproduction of environmental documents. |
WAC 308-200A-480 | Public hearing on a proposal -- When required. |
WAC 308-200A-485 | Notice of public hearing on environmental impact of the proposal. |
WAC 308-200A-490 | Public hearing on the proposal -- Use of environmental documents. |
WAC 308-200A-495 | Preparation of amended or new draft EIS. |
WAC 308-200A-500 | Responsibilities of consulted agencies -- Local agencies. |
WAC 308-200A-510 | Responsibilities of consulted agencies -- State agencies with jurisdiction. |
WAC 308-200A-520 | Responsibilities of consulted agencies -- State agencies with environmental expertise. |
WAC 308-200A-530 | Responsibilities of consulted agencies -- When predraft consultation has occurred. |
WAC 308-200A-535 | Cost of performance of consulted agency responsibilities. |
WAC 308-200A-540 | Limitations on responses to consultation. |
WAC 308-200A-545 | Effect of no written comment. |
WAC 308-200A-550 | Preparation of the final EIS -- Time period allowed. |
WAC 308-200A-570 | Preparation of the final EIS -- Contents -- When no critical comments received on the draft EIS. |
WAC 308-200A-580 | Preparation of the final EIS -- Contents -- When critical comments received on the draft EIS. |
WAC 308-200A-600 | Circulation of the final EIS. |
WAC 308-200A-650 | Effect of an adequate final EIS prepared pursuant to NEPA. |
WAC 308-200A-652 | Supplementation by a lead agency of an inadequate final NEPA EIS. |
WAC 308-200A-660 | Use of previously prepared EIS for a different proposed action. |
WAC 308-200A-690 | Use of lead agency's EIS by other acting agencies for the same proposal. |
WAC 308-200A-695 | Draft and final supplements to a revised EIS. |
WAC 308-200A-700 | No action for seven days after publication of the final EIS. |
WAC 308-200A-710 | EIS combined with existing planning and review processes. |
WAC 308-200A-820 | Designation of responsible official. |
WAC 308-200A-831 | Responsibility of agencies -- SEPA public information. |
WAC 308-200A-840 | Application of agency rules to ongoing actions. |
WAC 308-200A-860 | Fees to cover the costs of SEPA compliance. |
WAC 308-200A-900 | Applicability of this chapter. |
WAC 308-200A-910 | Severability. |