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WA State Environmental Policy Act

WA State Environmental Policy Act. Presented by Heather Page February 9, 2009. What is SEPA?. Provides a way to identify possible environmental impacts that may result from governmental decisions Issuing permits for private projects Constructing public facilities, or

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WA State Environmental Policy Act

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  1. WA State Environmental Policy Act Presented by Heather Page February 9, 2009

  2. What is SEPA? • Provides a way to identify possible environmental impacts that may result from governmental decisions • Issuing permits for private projects • Constructing public facilities, or • Adopting regulations, policies or plans • Identify impacts, then avoid, minimize, or mitigate

  3. Who does SEPA review? • “Lead agency” • For most private projects: city or county where the project is located • Located on Ecology’s SEPA register for the public • For public projects: agency proposing the project

  4. What is the SEPA review process? • Determine if project is categorically exempt • If SEPA review required, applicant fills out environmental checklist and submits to lead agency • Lead agency reviews to ensure impacts are properly documented and mitigated • Lead agency makes determination • Public reviews determination

  5. Process for SEPA Threshold Determination • Responsible Official makes the threshold determination • Determination of Nonsignificance, no EIS required • Mitigated Determination of Nonsignificance (DNS), no EIS required due to mitigating conditions • Determination of Significance (DS) and Scoping Notice, EIS is required • Notice is required for DNSs for certain types of development such as those where another agency has jurisdiction and clearing or grading permits (substantive authority)

  6. Appeals of SEPA Determination • Appeal determination to local legislative body (for example, Hearing Examiner) • You must exhaust administrative remedies before filing a judicial appeal • A SEPA appeal must be combined with an appeal of the substantive decision, except for an appeal of a DS • May use a notice of action taken to set a final deadline for a SEPA judicial appeal, 21 days from the second publication of the notice

  7. Case Study: WSDOT/WSF v City of Bainbridge Island

  8. Case Study: Electrical Line Relocation Project

  9. SEPA Considerations • Construction impacts • Traffic • Parking • Noise • Groundwater Dewatering • Archaeological Resources • Utility Conflicts

  10. Why was a SEPA Checklist Prepared? • Categorical exemption (repair, remodel, and maintenance) • National Pollutant Discharge Elimination System Permit requires SEPA determination

  11. SEPA and Climate Change • Ecology’s Climate Action Team Efforts • King County Efforts • California and Massachusetts have policies in place regarding assessing greenhouse gas (GHG) emissions

  12. Ecology’s Climate Action Team • SEPA Implementation Working Group • SEPA Final Report and Recommendations (October 2008): • Clear guidance and revised checklist • Regularly updated guidance and materials • Emissions tool development • Qualitative analysis • Mitigation guidance • Approach to threshold determination standard • Leveraging SEPA

  13. King County Efforts • King County is the first local government in the nation to officially add greenhouse gas emissions to the environmental review of construction projects (King County Executive Order 7-10-1 (AEO)) • King County has developed a greenhouse gas (GHG) emissions worksheet that can assist applicants in answering the SEPA checklist question relating to GHG emissions

  14. IN CLASS EXERCISE

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