WSR 24-22-039
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 28, 2024, 7:16 a.m., effective November 28, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-236 WAC, SEPA procedures, by clarifying current rule language by replacing all gender-specific pronouns with modern gender-inclusive pronouns.
Citation of Rules Affected by this Order: Amending WAC 16-236-050, 16-236-060, and 16-236-100.
Adopted under notice filed as WSR 24-17-099 on August 19, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 3, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 25, 2024.
Derek I. Sandison
Director
OTS-5743.1
AMENDATORY SECTION(Amending WSR 84-24-033, filed 11/30/84)
WAC 16-236-050Designation of responsible official.
Within the department of agriculture the ultimate responsible official is the director. The responsible official for a specific proposal shall be the assistant to the director in charge of environmental affairs or ((his/her))their designee.
AMENDATORY SECTION(Amending WSR 84-24-033, filed 11/30/84)
WAC 16-236-060EIS preparation.
(1) Preparation of draft and final EISs and SEISs is the responsibility of the assistant to the director in charge of environmental affairs or ((his/her))their designee. The responsible official shall be satisfied that all EISs and SEISs issued by the department are in compliance with these rules and chapter 197-11 WAC.
(2) Any draft or final EIS or SEIS shall be prepared by the department, the applicant, or by a consultant mutually agreed upon by the department and applicant.
(3) Whenever someone other than the department prepares a draft or final EIS or SEIS, the responsible official shall:
(a) Coordinate scoping to ensure that the individual preparing the document receives all substantive information submitted by any agency or person.
(b) Direct the areas of research and study to be undertaken and the content and organization of the document.
(c) Assist in obtaining information on file with another agency that is needed by the person preparing the document.
(d) Allow the person preparing the document access to department records relating to the document, as prescribed in chapter 16-06 WAC, Public records.
(4) Nothing herein shall be construed to prohibit the department from charging any fee of an applicant that the department is otherwise authorized to charge (see WAC 197-11-914). A performance bond in amount specified by the department may be required of the applicant to ensure payment of department expenses in preparing, in whole or in part, a draft or final EIS or SEIS.
AMENDATORY SECTION(Amending WSR 84-24-033, filed 11/30/84)
WAC 16-236-100Public notice requirements.
(1) When these rules require notice of environmental document preparation or availability, as a lead agency and taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, the public notice requirements for the permit or approval required from the department, public interest expressed in the proposal, and whether the proposal is a project or regulation, the department shall give public notice by using at least one of the following methods:
(a) Posting the property, for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
(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; and/or
(e) Publishing notice in a department newsletter.
(2) Whenever possible, the department shall integrate these public notice requirements with existing notice procedures for any department permits or approvals required for the proposal.
(3) The department may require an applicant to complete the public notice requirements for the applicant's proposal at ((his or her))their expense.