Wash. Admin. Code § 197-11-600 - When to use existing environmental documents
(1) This section contains criteria for
determining whether an environmental document must be used unchanged and
describes when existing documents may be used to meet all or part of an agency's
responsibilities under SEPA.
(2) An
agency may use environmental documents that have previously been prepared in
order to evaluate proposed actions, alternatives, or environmental impacts. The
proposals may be the same as, or different than, those analyzed in the existing
documents.
(3) Any agency acting on
the same proposal shall use an environmental document unchanged, except in the
following cases:
(a) For DNSs, an agency with
jurisdiction is dissatisfied with the DNS, in which case it may assume lead
agency status (WAC
197-11-340(2)(e)
and 197-11-948 ).
(b) For DNSs and EISs, preparation of a new
threshold determination or supplemental EIS is required if there are:
(i) Substantial changes to a proposal so that
the proposal is likely to have significant adverse environmental impacts (or lack
of significant adverse impacts, if a DS is being withdrawn); or
(ii) New information indicating a proposal's
probable significant adverse environmental impacts. (This includes discovery of
misrepresentation or lack of material disclosure.) A new threshold determination
or SEIS is not required if probable significant adverse environmental impacts are
covered by the range of alternatives and impacts analyzed in the existing
environmental documents.
(c) For EISs, the agency concludes that its
written comments on the DEIS warrant additional discussion for purposes of its
action than that found in the lead agency's FEIS (in which case the agency may
prepare a supplemental EIS at its own expense).
(4) Existing documents may be used for a
proposal by employing one or more of the following methods:
(a) "Adoption," where an agency may use all or
part of an existing environmental document to meet its responsibilities under
SEPA. Agencies acting on the same proposal for which an environmental document
was prepared are not required to adopt the document; or
(b) "Incorporation by reference," where an
agency preparing an environmental document includes all or part of an existing
document by reference.
(c) An
addendum, that adds analyses or information about a proposal but does not
substantially change the analysis of significant impacts and alternatives in the
existing environmental document.
(d)
Preparation of a SEIS if there are:
(i)
Substantial changes so that the proposal is likely to have significant adverse
environmental impacts; or
(ii) New
information indicating a proposal's probable significant adverse environmental
impacts.
(e) If a proposal
is substantially similar to one covered in an existing EIS, that EIS may be
adopted; additional information may be provided in an addendum or SEIS (see (c)
and (d) of this subsection).
Notes
Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-600, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-600, filed 2/10/84, effective 4/4/84.
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