WSR 00-04-039

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed January 25, 2000, 3:09 p.m. ]

Date of Adoption: January 21, 2000.

Purpose: Chapter 478-324 WAC implements the State Environmental Policy Act rules and regulations for the University of Washington.

Citation of Existing Rules Affected by this Order: Repealing WAC 478-324-050; and amending 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.

Statutory Authority for Adoption: RCW 43.21C.120.

Adopted under notice filed as WSR 99-19-096 on September 20, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 16, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 16, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

January 24, 2000

Rebecca Goodwin Deardorff

Director, Administrative Procedures

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.]


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

WAC 478-324-030
Additional consideration in timing of threshold determination and EIS process.

(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.]


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

WAC 478-324-040
SEPA advisory committee established for environmental review.

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.]


NEW SECTION
WAC 478-324-045
SEPA committee responsibility.

(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.

[]


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

WAC 478-324-060
Additional considerations in determination of nonsignificance.

(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.]


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

WAC 478-324-070
Additional considerations in mitigated DNS.

(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.]


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

WAC 478-324-090
Additional considerations in determination of significance and scoping.

(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.]


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

WAC 478-324-110
Additional recipients of DEIS.

(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.]


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

WAC 478-324-120
Additional recipients of FEIS.

((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.]


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

WAC 478-324-130
Establishment of SEPA information center.

(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.]


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

WAC 478-324-140
Additional methods of public notice.

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.]


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

WAC 478-324-150
Additional definitions.

(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.]


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

WAC 478-324-170
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)) 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.]


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

WAC 478-324-180
Designation of responsible official.

(((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.]


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

WAC 478-324-190
Procedures on consulted agencies.

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.]


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

WAC 478-324-200
Determining the lead agency.

(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.]


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

WAC 478-324-210
Determination of lead unit.

(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.]


REPEALER

     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