A Guide to the Washington State Environmental Policy Act (SEPA) Requirements, Process, and Compliance

The Washington State Environmental Policy Act (SEPA) plays a crucial role in safeguarding the environment and ensuring sustainable development throughout the state. This comprehensive guide provides a clear and concise overview of SEPA, focusing on the key provisions, compliance obligations, and recent developments that shape the regulatory landscape. By exploring the act's applicability, structure, and enforcement mechanisms, readers will gain a solid understanding of how SEPA influences decision-making processes and project planning. The guide also highlights the importance of proactive engagement with relevant agencies and offers valuable resources to help navigate the complexities of environmental review under SEPA. With an emphasis on clarity and practical insights, this guide serves as an essential tool for managing the environmental aspects of development projects in Washington State.

GENERAL INFORMATION

Key Details of the Washington State Environmental Policy Act (SEPA)

• Issuing Agency: Washington State Department of Ecology
• Year Established: 1971
• Last Amended: 2012
• Statutory Authority: Revised Code of Washington Chapter 43.21C, known as the "State Environmental Policy"
• Primary Legal Reference: Washington Administrative Code Chapter 197-11

Overview of the Washington State Environmental Policy Act (SEPA)

The Washington State Environmental Policy Act (SEPA) is a state law that requires state and local agencies to consider the environmental impacts of proposed projects and actions before making decisions.¹ SEPA operates within the broader framework of Washington's environmental regulations and works in conjunction with federal regulations such as the National Environmental Policy Act (NEPA).

SEPA aims to ensure that environmental values are considered during decision-making by state and local agencies, and that the public has an opportunity to participate in the process. The primary state agency responsible for administering and enforcing SEPA is the Washington State Department of Ecology.

Enacted in 1971, SEPA was modeled after NEPA and has undergone several amendments over the years, with the most recent significant changes occurring in 2012. The regulation requires agencies to prepare an Environmental Impact Statement (EIS) for projects that may have significant adverse environmental impacts, and to consider alternatives and mitigation measures to reduce those impacts.²

SEPA applies to a wide range of actions, including construction projects, land use plans, and permits issued by state and local agencies. However, certain actions are exempt from SEPA review, such as emergency actions and minor new construction.

What does the Washington State Environmental Policy Act (SEPA) protect?

The Washington State Environmental Policy Act (SEPA) protects a wide range of environmental resources from adverse impacts caused by proposed projects and actions. These resources include:³

1. Air quality: SEPA requires agencies to consider the impacts of projects on air quality, including emissions of pollutants and greenhouse gases.

2. Water resources: The regulation protects surface water and groundwater from pollution, depletion, and other adverse impacts.

3. Wildlife and habitat: SEPA aims to protect fish, wildlife, and their habitats from harm caused by development and other activities.

4. Land use: The regulation requires agencies to consider the impacts of projects on land use patterns, including sprawl, loss of agricultural lands, and compatibility with existing uses.

5. Cultural and historic resources: SEPA protects cultural and historic sites, buildings, and objects from damage or destruction.

By requiring agencies to consider these environmental factors during decision-making and to involve the public in the process, SEPA helps to ensure that the state's natural resources are protected for current and future generations.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Washington State Environmental Policy Act (SEPA) is a comprehensive environmental law that applies to a wide range of activities and entities in the state of Washington. SEPA requires state and local agencies to consider the environmental consequences of proposed actions during the decision-making process. The act aims to ensure that environmental values are given appropriate consideration, along with economic and technical considerations, in agency decision-making.⁴

SEPA applies to actions taken by state and local agencies, including:

1. Project actions, such as construction projects, land use decisions, and water resource decisions.
2. Non-project actions, such as comprehensive plans, regulations, and policies.

The types of activities regulated under SEPA include, but are not limited to:

• Construction of public or private facilities
• Land use decisions, such as zoning changes and subdivisions
• Issuance of permits and licenses
• Adoption of plans, policies, and regulations

SEPA does not directly prohibit any specific activities or substances. Instead, it requires agencies to identify and evaluate the environmental impacts of proposed actions and to consider alternatives that may have fewer environmental impacts. If an agency determines that a proposed action is likely to have significant adverse environmental impacts, it may require the preparation of an Environmental Impact Statement (EIS) to further analyze the impacts and potential mitigation measures.⁵

Structure and Key Provisions

The Washington State Environmental Policy Act is codified in Chapter 43.21C of the Revised Code of Washington (RCW). The act is structured into several sections that outline its purpose, applicability, and key provisions.

43.21C.010 - Purposes

This section declares the state's policy to promote the general welfare, create and maintain conditions under which human beings and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations.

43.21C.020 - Policies - Legislative declaration

This section outlines the state's policies to ensure the protection of the environment and the promotion of sustainable development. It emphasizes the importance of considering environmental factors in decision-making processes.

43.21C.030 - Guidelines - Categories of agencies - Flexible application

This section directs the Department of Ecology to adopt guidelines for implementing SEPA, including criteria for determining whether a proposed havenly to have significant adverse environmental impacts.

43.21C.035 - Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c)

This section provides an exemption from certain SEPA requirements for specific irrigation projects.

43.21C.037 - Application of RCW 43.21C.030(2)(c) to forest practices

This section clarifies the application of SEPA to forest practices regulated under the Forest Practices Act.

43.21C.040 - Examination of laws, regulations, policies by state agencies and local authorities - Report of deficiencies and corrective measures

This section requires state agencies and local authorities to review their laws, regulations, and policies to determine if they are consistent with SEPA's policies and goals.

It is essential for project proponents and decision-makers to consult the full text of SEPA and engage with the relevant agencies for project-specific guidance. The Department of Ecology provides resources and assistance in understanding and complying with SEPA requirements.⁶

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Washington State Environmental Policy Act (SEPA) establishes a range of standards and limitations to protect the environment and human health. These standards may include emissions limits for air and water pollutants, performance standards for various industrial processes, and other relevant metrics.⁷ The specific standards and limitations that apply to a given project will depend on the nature and scope of the project, as well as the environmental resources that may be affected.⁸

SEPA requires state and local agencies to review proposed projects and determine whether they may have significant environmental impacts. If a project is determined to have significant impacts, the agency may require the project proponent to prepare an Environmental Impact Statement (EIS) that analyzes the impacts and identifies mitigation measures.⁹

The standards and limitations established under SEPA are implemented and enforced through a variety of mechanisms, including permit conditions, compliance monitoring, and enforcement actions.¹⁰ Developers and consultants should work closely with the relevant agencies to understand and comply with the specific standards and limitations that apply to their projects.

Monitoring, Reporting & Recordkeeping Obligations

Under the Washington State Environmental Policy Act (SEPA), regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These requirements are designed to ensure that projects are in compliance with the applicable standards and limitations, and to provide information to agencies and the public about the environmental impacts of the project.¹¹

The specific monitoring, reporting, and recordkeeping requirements that apply to a given project will depend on the nature and scope of the project, as well as the environmental resources that may be affected. These requirements may include:¹²

• Monitoring of emissions or discharges from the project
• Periodic reporting of monitoring data to the relevant agencies
• Recordkeeping of monitoring data, compliance activities, and other relevant information

Developers and consultants should work closely with the relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects. Failure to comply with these obligations may result in enforcement actions and penalties.¹³

Enforcement Actions & Penalties

The Washington State Environmental Policy Act (SEPA) provides for a range of enforcement actions and penalties for violations of the act or its implementing regulations. These enforcement actions may include:¹⁴

• Notices of violation
• Administrative orders requiring corrective action
• Civil penalties of up to $10,000 per violation per day
• Criminal penalties for knowing and willful violations

The specific enforcement actions and penalties that may be imposed will depend on the nature and severity of the violation, as well as the violator's compliance history and other factors.¹⁵

Developers and consultants should be proactive in ensuring compliance with SEPA and engaging early with the relevant agencies to avoid enforcement actions. In the event that an enforcement action is taken, the violator may have the opportunity to contest the action through administrative or judicial appeals processes.¹⁶

It is important for readers to consult the full text of SEPA and its implementing regulations, as well as to work closely with the relevant agencies, to understand the specific enforcement provisions and penalty structures that may apply to their projects. Seeking the advice of experienced environmental consultants or legal counsel may also be advisable in navigating the enforcement process.¹⁷

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Washington State Environmental Policy Act (SEPA) has undergone several significant developments that have shaped the current regulatory landscape. One notable change was the adoption of new SEPA rules by the Washington State Department of Ecology in 2013, which aimed to streamline the environmental review process and reduce regulatory burdens on project proponents.¹⁸ These rules introduced new categorical exemptions, raised threshold levels for certain types of projects, and clarified the requirements for environmental impact statements (EISs).¹⁹

Another important development was the Washington State Supreme Court's decision in the case of Quinault Indian Nation v. Imperium Terminal Services, LLC in 2016.²⁰ The court ruled that the Port of Grays Harbor had failed to adequately consider the cumulative impacts of a proposed oil terminal project under SEPA, setting a precedent for more comprehensive environmental reviews of large-scale industrial projects.²¹

Looking ahead, there are several proposed changes to SEPA that could affect the regulatory landscape in the near future. The Washington State Legislature is currently considering a bill (HB 1181) that would require state agencies to consider the social cost of carbon emissions when evaluating projects under SEPA.²² If passed, this bill could significantly impact the approval process for projects with high greenhouse gas emissions.²³

Stakeholders can stay informed about these developments by regularly monitoring the Washington State Department to see Ecology's SEPA website, where updates on rule changes, guidance documents, and other relevant information are provided.²⁴

Additional Resources

• Washington State Environmental Policy Act (Chapter 43.21C RCW): The full text of the Washington State Environmental Policy Act, as codified in the Revised Code of Washington (RCW).

• SEPA Checklist Guidance: Detailed instructions and explanations for completing the SEPA environmental checklist, a crucial step in determining whether a project requires an EIS.