WSR 13-05-019



[ Order 13-01 -- Filed February 11, 2013, 7:51 a.m. ]

     Subject of Possible Rule Making: The purpose of this proposed rule making will be to update and modernize SEPA (State Environmental Policy Act) rules and to repeal a rule that is not in use.

Chapter 197-11 WAC, amend as directed by section 301, chapter 1, Laws of 2012 1st sp. sess. (2ESSB 6406) and to make other amendments as needed to modernize SEPA rules.
Chapter 173-806 WAC, amend or repeal to make changes necessary to implement, and in response to, the changes being made in chapter 197-11 WAC. If the model ordinance is repealed it will be revised and made available as a guidance document rather than a rule.
Chapter 197-06 WAC, repeal this out-of-date rule concerning public records request made to the council on environmental policy that no longer exists. This rule is being repealed because (1) a number of the provisions are specific to the council on environmental policy that was established in the 1970s and no longer exists; and (2) the sections of the rule related to public records have been superseded by chapter 173-03 WAC.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.21C.110, see also former RCW 43.21C.100 which abolished the council on environmental policy as of June 30, 1976.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Section 301, chapter 1, Laws of 2012 1st sp. sess. (2ESSB 6406) directed ecology to update SEPA rules in light of the increased environmental protections in place under chapters 36.70A, 90.58 RCW and other laws. This rule making is the second phase of these updates.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington's SEPA requires all state and local agencies to review and disclose the likely environmental consequences, to both the natural and the built environment, of a proposed action. As directed by 2ESSB 6406, we have created an advisory committee to engage with state, local governments and tribes in this update process.

     Process for Developing New Rule: Ecology has formed an advisory committee to meet the requirements in the 2012 legislation. We will post information on the agency web site; hold advisory committee meetings, share information with interested parties, and hold at least one public hearing on the rule proposal.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can access more information on this rule making by contacting Fran Sant, Department of Ecology, Shorelands and Environmental Assistance Program, P.O. [Box] 47703, Olympia, WA 98504-7600, phone (360) 407-6004, e-mail, or accessing the ecology web site Interested parties can sign up for e-mail updates at

February 8, 2012

Gordon White

Program Manager

Shorelands and Environmental

Assistance Program