PacWest Silicon smelter project

The State Environmental Policy Act (SEPA) outlines a process for identifying and analyzing potential environmental impacts associated with government decisions. These decisions may be related to issuing permits for private projects, constructing public facilities, or adopting regulations, policies, and plans.

The SEPA review process helps agency decision-makers, applicants, and the public understand how the entire proposal will affect the environment. SEPA can be used to modify or deny a permit to avoid, reduce, or compensate for probable impacts.

 

SEPA flowchart. Plain text version.

A lead agency is designated to evaluate the proposal and determine the appropriate level of environmental review. The lead agency makes a formal decision called a threshold determination for the project in one of three categories:

• Nonsignificant — The project is not likely to have significant adverse environmental impacts.
• Mitigated nonsignificant — The project could have significant adverse environmental impacts, but measures (mitigation) can be taken to avoid, reduce, or eliminate those impacts.
• Significant — The project will likely result in significant impacts. The lead agency begins the Environmental Impact Statement (EIS) process. An EIS provides the public and lead agency a more thorough review of the project than what’s typically submitted in the SEPA checklist.

An environmental checklist is the most common tool used by project applicants to begin the environmental review process. The checklist will give the lead agency enough information to make a decision (threshold determination) about how much impact a project will have on the environment.

In cases where it is clear the project will have significant environmental impacts, a lead agency or applicant can submit a request to start with a full environmental impact statement and not use the checklist (WAC 197-11-315). 
 

An Environmental Impact Statement (EIS) is required for any proposal likely to have a significant adverse environmental impact. It also explores potential measures (mitigation) that could offset impacts or reduce them to a nonsignificant level.

The EIS evaluates different options that can be taken to help protect people and the environment if the project moves forward. Information from the EIS will be used, along with information in the permit applications, to decide on permit requirements for the project.

An EIS provides the public and lead agency a more thorough review of the project than what’s typically submitted in the SEPA checklist.

The lead agency will determine the scope of the EIS (using public comment and other input), develop a draft EIS for public review and comment, then finalize the EIS. The EIS will be used to inform agency permitting decisions.
 

Scoping is the first step in the process of developing an EIS. After a lead agency issues a determination of significance, they will decide what impacts should be studied, how they should be studied, and what alternatives should be considered.  

A public comment period is required for the scoping process. The lead agency will ask the public, other agencies, and the tribes to assist the lead agency in identifying issues and concerns. This information will be used to help develop the scope of the EIS.

The lead agency can use a standard scoping notice with a written comment period, or they can use expanded scoping that might include public meetings, surveys, and other methods to involve the public in the process. The standard scoping notice requires 21 days for a public comment period. 

The lead agency must make a public announcement and provide opportunities for comment when issuing the scoping notice. Notice can include mailing and emailing information to interested parties, newspaper announcements, the website and other social media outlets.

Concerns identified during the scoping process can be further evaluated when a draft EIS is being prepared. It's usually easier and more effective to comment during the scoping process than wait until the analysis of a draft EIS.

Comments can address:

• If the proposal is clearly described.
• Elements of the environment that should be considered such as air quality, water quality, fish and wildlife habitat, transportation systems, etc.
• Reasonable range of alternatives (identification of an alternative site or approach that achieves the proposal objective).
• Extent of study and analyses that are needed to understand impacts.
• Measures to avoid, minimize, and mitigate (offset) effects of the proposal.

The scoping process can help the lead agency gather more information about the project from the proponent to include in the EIS. It’s not uncommon for proposals to change during the environmental review process.

No steps were skipped. Agencies are required to use the checklist to assist in making determinations about impacts except in cases where the lead agency and the applicant agree that an EIS will be prepared (WAC 197-11-315). Both Ecology and PacWest Silicon agree that an EIS should be done for the proposal.

Ecology is currently evaluating the proposal that PacWest Silicon submitted to determine if enough information was provided to formally make the determination of significance and launch the public scoping process.

We’re currently preparing the public comment period for EIS scoping. Our preparations include requesting additional information from the company, determining the schedule for scoping and public involvement, and developing a cost-reimbursement agreement with the company to recover expenses the state incurs. We hope to begin scoping later this summer or early this fall. 

There will be opportunities during the EIS process when the public can give Ecology input on the proposal. We’ll begin the public process by making a formal determination on the project and providing a scoping notice and public comment period. There will be several ways that the public can provide input to Ecology during the comment period, including:

• Written comments via mail
• In person at public meetings
• Online at the project's eComments website (launches when scoping is announced)

A second formal public comment period on the draft EIS will follow. Additionally, there will be opportunities for public involvement during the state and local agency permitting process (schedule to be determined). 

Currently, PacWest anticipates needing several environmental permits including:

• Two air quality permits administered by Ecology.
  • Prevention of Significant Deterioration
  • Notice of Construction, after one year in operation the facility will then require and Air Operating Permit.
• Two water quality permits administered by Ecology.
  • Industrial Stormwater permit
  • Construction Stormwater permit
• One water quality permit administered by the city of Newport, delegated by Ecology.
  • Industrial User Pretreatment permit
• The project may also need other local permits.

PacWest must submit applications for each environmental permit. Applications can be submitted to Ecology at any time, however, permits can’t be finalized until after the environmental review process is complete. The information provided in the EIS will be used, along with the permit application, to make permit decisions.
 

In Washington, water belongs to the public and can’t be owned by an individual or group. Instead, a person or group is granted the right to use water for a defined purpose.

While PacWest hasn't yet provided details on water supply, there are several ways the company may access a legal supply of water for the smelter project:

• Receive water from a municipal supplier with existing water rights such as the city of Newport.
• Apply for a new water right from Ecology.
• Purchase an existing water right from another water right holder and apply for a change of use or transfer.
• Use the permit-exemption to drill a well. The exemption allows for all of the following:
  • Domestic uses of 5,000 gallons or less per day. In some areas of the state, the new Streamflow Restoration law caps the amount that can be used at a lower quantity.
  • Industrial uses of 5,000 gallons or less per day.
  • Irrigation of a lawn or non-commercial garden, a half-acre or less in size.
  • Unlimited stock water.