WAC 197-11-060
Content of environmental review. (1)
Environmental review consists of the range of proposed
activities, alternatives, and impacts to be analyzed in an
environmental document, in accordance with SEPA's goals and
policies. This section specifies the content of environmental
review common to all environmental documents required under
SEPA.
(2) The content of environmental review:
(a) Depends on each particular proposal, on an agency's
existing planning and decision-making processes, and on the
time when alternatives and impacts can be most meaningfully
evaluated;
(b) For the purpose of deciding whether an EIS is
required, is specified in the environmental checklist, in WAC 197-11-330 and 197-11-444;
(c) For an environmental impact statement, is considered
its "scope" (WAC 197-11-792 and Part Four of these rules);
(d) For any supplemental environmental review, is
specified in Part Six.
(3) Proposals.
(a) Agencies shall make certain that the proposal that is
the subject of environmental review is properly defined.
(i) Proposals include public projects or proposals by
agencies, proposals by applicants, if any, and proposed
actions and regulatory decisions of agencies in response to
proposals by applicants.
(ii) A proposal by a lead agency or applicant may be put
forward as an objective, as several alternative means of
accomplishing a goal, or as a particular or preferred course
of action.
(iii) Proposals should be described in ways that
encourage considering and comparing alternatives. Agencies
are encouraged to describe public or nonproject proposals in
terms of objectives rather than preferred solutions. A
proposal could be described, for example, as "reducing flood
damage and achieving better flood control by one or a
combination of the following means: Building a new dam;
maintenance dredging; use of shoreline and land use controls;
purchase of floodprone areas; or relocation assistance."
(b) Proposals or parts of proposals that are related to
each other closely enough to be, in effect, a single course of
action shall be evaluated in the same environmental document. (Phased review is allowed under subsection (5).) Proposals or
parts of proposals are closely related, and they shall be
discussed in the same environmental document, if they:
(i) Cannot or will not proceed unless the other proposals
(or parts of proposals) are implemented simultaneously with
them; or
(ii) Are interdependent parts of a larger proposal and
depend on the larger proposal as their justification or for
their implementation.
(c) (Optional) Agencies may wish to analyze "similar
actions" in a single environmental document.
(i) Proposals are similar if, when viewed with other
reasonably foreseeable actions, they have common aspects that
provide a basis for evaluating their environmental
consequences together, such as common timing, types of
impacts, alternatives, or geography. This section does not
require agencies or applicants to analyze similar actions in a
single environmental document or require applicants to prepare
environmental documents on proposals other than their own.
(ii) When preparing environmental documents on similar
actions, agencies may find it useful to define the proposals
in one of the following ways: (A) Geographically, which may
include actions occurring in the same general location, such
as a body of water, region, or metropolitan area; or (B)
generically, which may include actions which have relevant
similarities, such as common timing, impacts, alternatives,
methods of implementation, environmental media, or subject
matter.
(4) Impacts.
(a) SEPA's procedural provisions require the
consideration of "environmental" impacts (see definition of
"environment" in WAC 197-11-740 and of "impacts" in WAC 197-11-752), with attention to impacts that are likely, not
merely speculative. (See definition of "probable" in WAC 197-11-782 and 197-11-080 on incomplete or unavailable
information.)
(b) In assessing the significance of an impact, a lead
agency shall not limit its consideration of a proposal's
impacts only to those aspects within its jurisdiction,
including local or state boundaries (see WAC 197-11-330(3)
also).
(c) Agencies shall carefully consider the range of
probable impacts, including short-term and long-term effects. Impacts shall include those that are likely to arise or exist
over the lifetime of a proposal or, depending on the
particular proposal, longer.
(d) A proposal's effects include direct and indirect
impacts caused by a proposal. Impacts include those effects
resulting from growth caused by a proposal, as well as the
likelihood that the present proposal will serve as a precedent
for future actions. For example, adoption of a zoning
ordinance will encourage or tend to cause particular types of
projects or extension of sewer lines would tend to encourage
development in previously unsewered areas.
(e) The range of impacts to be analyzed in an EIS
(direct, indirect, and cumulative impacts, WAC 197-11-792) may
be wider than the impacts for which mitigation measures are
required of applicants (WAC 197-11-660). This will depend
upon the specific impacts, the extent to which the adverse
impacts are attributable to the applicant's proposal, and the
capability of applicants or agencies to control the impacts in
each situation.
(5) Phased review.
(a) Lead agencies shall determine the appropriate scope
and level of detail of environmental review to coincide with
meaningful points in their planning and decision-making
processes. (See WAC 197-11-055 on timing of environmental
review.)
(b) Environmental review may be phased. If used, phased
review assists agencies and the public to focus on issues that
are ready for decision and exclude from consideration issues
already decided or not yet ready. Broader environmental
documents may be followed by narrower documents, for example,
that incorporate prior general discussion by reference and
concentrate solely on the issues specific to that phase of the
proposal.
(c) Phased review is appropriate when:
(i) The sequence is from a nonproject document to a
document of narrower scope such as a site specific analysis
(see, for example, WAC 197-11-443); or
(ii) The sequence is from an environmental document on a
specific proposal at an early stage (such as need and site
selection) to a subsequent environmental document at a later
stage (such as sensitive design impacts).
(d) Phased review is not appropriate when:
(i) The sequence is from a narrow project document to a
broad policy document;
(ii) It would merely divide a larger system into exempted
fragments or avoid discussion of cumulative impacts; or
(iii) It would segment and avoid present consideration of
proposals and their impacts that are required to be evaluated
in a single environmental document under WAC 197-11-060 (3)(b)
or 197-11-305(1); however, the level of detail and type of
environmental review may vary with the nature and timing of
proposals and their component parts.
(e) When a lead agency knows it is using phased review,
it shall so state in its environmental document.
(f) Agencies shall use the environmental checklist,
scoping process, nonproject EISs, incorporation by reference,
adoption, and supplemental EISs, and addenda, as appropriate,
to avoid duplication and excess paperwork.
(g) Where proposals are related to a large existing or
planned network, such as highways, streets, pipelines, or
utility lines or systems, the lead agency may analyze in
detail the overall network as the present proposal or may
select some of the future elements for present detailed
consideration. Any phased review shall be logical in relation
to the design of the overall system or network, and shall be
consistent with this section and WAC 197-11-070.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-060, filed
10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-060, filed
2/10/84, effective 4/4/84.]