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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 16, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 16, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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
AMENDATORY SECTION(Amending WSR 84-20-074, filed 10/2/84)
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.
|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 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
|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.
|Environmental Impact Statement (EIS)
|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.
|197-11-500||Purpose of this part.|
|197-11-504||Availability and cost of environmental documents.|
|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
|Using Existing Environmental Documents
|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.|
|SEPA and Agency Decisions
|197-11-650||Purpose of this part.|
|197-11-660||Substantive authority and mitigation.|
|197-11-721||Closed record appeal.|
|197-11-734||Determination of nonsignificance (DNS).|
|197-11-736||Determination of significance (DS).|
|Environmentally sensitive area.))|
|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.
|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.
|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.|
|197-11-970||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.]
(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
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-030, filed 10/2/84.]
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
-))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
(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.]
(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.
(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 ((
advised of any withdrawn DNS and the reasons for its
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-060, filed 10/2/84.]
(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.]
(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.]
university shall send copies of the draft EIS to the SEPA
,)) 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.]
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
(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.]
(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
(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.]
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:
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.]
(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.
"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
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.]
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, ((
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.]
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.]
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.]
(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.]
university actions subject to SEPA, the ((
capital projects office (( or the university academic or
administrative unit initiating or administering the action))
shall be charged with the university's lead agency
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
(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
[Statutory Authority: RCW 43.21C.120 and WAC 197-11-904. 84-20-074 (Order), § 478-324-210, filed 10/2/84.]
The following section of the Washington Administrative Code is repealed:
|WAC 478-324-050||Additional considerations in threshold determination process.|