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Chapter 343, HRS, establishes a system of
environmental review at the state and county levels which shall ensure
that environmental concerns are given appropriate consideration in
decision making along with economic and technical considerations. The
purpose of this chapter is to provide agencies and persons with
procedures, specifications of contents of environmental assessments and
environmental impact statements, and criteria and definitions of
statewide application.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-1, 343-6)
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As used in this chapter:
- "Acceptance" means a formal determination of acceptability that the
document required to be filed pursuant to chapter 343, HRS, fulfills
the definitions and requirements of an environmental impact statement,
adequately describes identifiable environmental impacts, and
satisfactorily responds to comments received during the review of the
statement. Acceptance does not mean that the action is environmentally
sound or unsound, but only that the document complies with chapter 343,
HRS, and this chapter. A determination of acceptance is required prior
to implementing or approving the action.
- "Accepting authority" means the final official or agency that
determines the acceptability of the EIS document.
- "Action" means any program or project to be initiated by an agency
or applicant.
- "Addendum" means an attachment to a draft environmental assessment
or draft environmental impact statement, prepared at the discretion of
the proposing agency or approving agency, and distinct from a
supplemental statement, for the purpose of disclosing and addressing
clerical errors such as inadvertent omissions, corrections, or
clarifications to information already contained in the draft
environmental assessment or the draft environmental impact statement
already filed with the office.
- "Agency" means any department, office, board, or commission of the
state or county government which is part of the executive branch of
that government.
- "Applicant" means any person who, pursuant to statute, ordinance,
or rule, officially requests approval from an agency for a proposed
action.
- "Approval" means a discretionary consent required from an agency
prior to actual implementation of an action. Discretionary consent
means a consent, sanction, or recommendation from an agency for which
judgment and free will may be exercised by the issuing agency, as
distinguished from a ministerial consent. Ministerial consent means a
consent, sanction, or recommendation from an agency upon a given set of
facts, as prescribed by law or rule without the use of judgment or
discretion.
- "Approving agency" means an agency that issues an approval prior to
actual implementation of an action.
- "Council" or "EC" means the environmental council.
Cumulative impact" means the impact on the environment which results
from the incremental impact of the action when added to other past,
present, and reasonably foreseeable future actions regardless of what
agency or person undertakes such other actions. Cumulative impacts can
result from individually minor but collectively significant actions
taking place over a period of time.
- "Draft environmental assessment" means the environmental assessment
submitted by a proposing agency or an approving agency for public
review and comment when that agency anticipates a negative declaration
determination.
- "Effects" or "impacts" as used in this chapter are synonymous.
Effects may include ecological effects (such as the effects on natural
resources and on the components, structures, and functioning of
affected ecosystems), aesthetic effects, historic effects, cultural
effects, economic effects, social effects, or health effects, whether
primary, secondary, or cumulative. Effects may also include those
effects resulting from actions which may have both beneficial and
detrimental effects, even if on balance the agency believes that the
effect will be beneficial.
- "Emergency action" means an action to prevent or mitigate loss or
damage to life, health, property, or essential public services in
response to a sudden unexpected occurrence demanding such immediate
action.
- "Environment" means humanity's surroundings, inclusive of all the
physical, economic, cultural, and social conditions that exist within
the area affected by a proposed action, including land, human and
animal communities, air, water, minerals, flora, fauna, ambient noise,
and objects of historic or aesthetic significance.
- "Environmental assessment" means a written evaluation to determine
whether an action may have a significant environmental effect.
- "Environmental impact" means an effect of any kind, whether
immediate or delayed, on any component of the environment.
- "Environmental impact statement,""statement," or "EIS" means an
informational document prepared in compliance with chapter 343, HRS,
and this chapter and which fully complies with subchapter 7 of this
chapter. The initial statement filed for public review shall be
referred to as the draft environmental impact statement and shall be
distinguished from the final environmental impact statement which is
the document that has incorporated the public's comments and the
responses to those comments. The final environmental impact statement
is the document that shall be evaluated for acceptability by the
respective accepting authority.
- "Exempt classes of action" means exceptions from the requirements
of chapter 343, HRS, to prepare environmental assessments, for a class
of actions, based on a determination by the proposing agency or
approving agency that the class of actions will probably have a minimal
or no significant effect on the environment.
- "Exemption notice" means a brief notice kept on file by the
proposing agency, in the case of a public action, or the agency with
the power of approval, in the case of a private action, when it has
determined that the proposed project is an exempt or emergency
project.
Final environmental assessment" means either the environmental
assessment submitted by a proposing agency or an approving agency
following the public review and comment period for the draft
environmental assessment and in support of either a negative
declaration or a preparation notice determination; or the environmental
assessment submitted by a proposing agency or an approving agency
subject to a public consultation period when such an agency clearly
determines at the outset that the proposed action may have a
significant effect and hence will require the preparation of a
statement.
- "Issue date" means the date imprinted on the periodic bulletin
required by section 343-3, HRS.
- "National Environmental Policy Act" means the National
Environmental Policy Act of 1969, Public Law 91-190, 42 U.S.C.
§4321-4347, as amended.
- "Negative declaration" or "finding of no significant impact" means
a determination by an agency based on an environmental assessment that
a given action not otherwise exempt does not have a significant effect
on the environment and therefore does not require the preparation of an
EIS. A negative declaration is required prior to implementing or
approving the action.
- "Office" means the office of environmental quality control.
- "Periodic bulletin" means the document required by section 343-3,
HRS, and published by the office.
- "Person" includes any individual, partnership, firm, association,
trust, estate, private corporation, or other legal entity other than an
agency.
- "Preparation notice" or "EIS preparation notice" means a
determination based on an environmental assessment that the subject
action may have a significant effect on the environment and, therefore,
will require the preparation of an environmental impact statement.
- "Primary impact" or "primary effect" or "direct impact" or "direct
effect" means effects which are caused by the action and occur at the
same time and place.
- "Secondary impact" or "secondary effect" or "indirect impact" or
"indirect effect" means effects which are caused by the action and are
later in time or farther removed in distance, but are still reasonably
foreseeable. Indirect effects may include growth inducing effects and
other effects related to induced changes in the pattern of land use,
population density or growth rate, and related effects on air and water
and other natural systems, including ecosystems.
- "Significant effect" or "significant impact" means the sum of
effects on the quality of the environment, including actions that
irrevocably commit a natural resource, curtail the range of beneficial
uses of the environment, are contrary to the state's environmental
policies or long-term environmental goals and guidelines as established
by law, or adversely affect the economic or social welfare, or are
otherwise set forth in section 11-200-12 of this chapter.
- "Supplemental statement" means an additional environmental impact
statement prepared for an action for which a statement was previously
accepted, but which has since changed substantively in size, scope,
intensity, use, location, or timing, among other things.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-2, 343-6)
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- The office shall inform the public through the publication of a
periodic bulletin of the following:
- Notices filed by agencies of the availability of environmental
assessments and appropriate addendum documents for review and
comments;
- Notices filed by agencies of determinations that statements are
required or not required;
- The availability of statements, supplemental statements and
appropriate addendum documents for review and comments;
- The acceptance or non-acceptance of statements; and
- Other notices required by the rules of the council.
- The bulletin shall be made available to any person uponrequest.
Copies of the bulletin shall also be sent to the state library system
and other depositories or clearinghouses.
- The bulletin shall be issued on the eighth and twenty-third daysof
each month. All agencies and applicants submitting draft environmental
assessments, negative declarations, preparation notices, environmental
impact statements, acceptance or nonacceptance determinations, addenda,
supplemental statements, supplemental preparation notices, revised
documents, withdrawals, and other notices required to be published in
the bulletin shall submit such documents or notices to the office
before the close of business eight working days prior to the issue
date. In case the deadline falls on a state holiday or nonworking day,
the deadline shall be the next working day.
- All submittals to the office for publication in thebulletin shall
be accompanied by a completed informational form which provides
whatever information the office needs to properly notify the public.
The information requested may include the following: the title of the
action; the islands affected by the proposed action; tax map key
numbers; street addresses; nearest geographical landmarks; latitudinal
and longitudinal coordinates; whether the proposed action is an agency
or an applicant action; a citation of the applicable federal or state
statutes requiring preparation of the document; the type of document
prepared; the names, addresses and contact persons as applicable of the
accepting authority, the proposing agency, the approving agency, the
applicant, and the consultant; and a brief narrative summary of the
proposed action which provides sufficient detail to convey the full
impact of the proposed action to the public.
- The office may provide recommendations to the agencyresponsible for
the environmental assessment or EIS regarding any applicable
administrative content requirements set forth in this chapter.
- The office may, on a space available basis, publishother notices
not specifically related to chapter 343, HRS.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §341-3, 343-5,
343-6) (Imp: HRS §341-3, 343-3, 343-6)
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- Whenever an agency proposes an action, the final authority to
accept a statement shall rest with:
- The governor, or an authorized representative, whenever an action
proposes the use of state lands or the use of state funds or, whenever
a state agency proposes an action within section 11-200-6(b); or
- The mayor, or an authorized representative, of the respective
county whenever an action proposes only the use of county lands or
county funds.
- Whenever an applicant proposes an action, the authorityfor
requiring statements and for accepting any required statements that
have been prepared shall rest with the agency initially receiving and
agreeing to process the request for an approval. In the event that
there is more than one agency that has jurisdiction over the action,
and these agencies are unable to agree as to which agency has the
responsibility for complying with section 343-5(c), HRS, the office,
after consultation with the agencies involved, shall determine which
agency is responsible. In making the determination, the office shall
take into consideration, including, but not limited to, the following
factors:
- The agency with the greatest responsibility for supervising or
approving the action as a whole;
- The agency that can most adequately fulfill the requirements of
chapter 343, HRS, and this chapter;
- The agency that has special expertise or access to information;
and
- The extent of participation of each agency in the action.
[Eff 12/6/85; am and Comp AUG 31 1996] (Auth:HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
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- For all proposed actions which are not exempt as defined in section
11-200-8, the agency shall assess at the earliest practicable time the
significance of potential impacts of its actions, including the
overall, cumulative impact in light of related actions in the region
and further actions contemplated.
- The applicability of chapter 343, HRS, to specific agency proposed
actions is conditioned by the agency's proposed use of state or county
lands or funds. Therefore, when an agency proposes to implement an
action to use state or county lands or funds, it shall be subject to
the provisions of chapter 343, HRS, and this chapter.
- Use of state or county funds shall include any form of funding
assistance flowing from the State or county, and use of state or county
lands includes any use (title, lease, permit, easement, licenses, etc.)
or entitlement to those lands.
- For agency actions, chapter 343, HRS, exempts from applicability
any feasibility or planning study for possible future programs or
projects which the agency has not approved, adopted, or funded.
Nevertheless, if an agency is studying the feasibility of a proposal,
it shall consider environmental factors and available alternatives and
disclose these in any future assessment or subsequent statement. If,
however, the planning and feasibility studies involve testing or other
actions which may have a significant impact on the environment, then an
environmental assessment shall be prepared.
- Any amendment to existing county general plans, however
denominated, which may include but not be limited to development plans,
or community plans, where the amendment would result in designations
other than agriculture, conservation, or preservation requires an
environmental assessment. (Actions by a county initiating a
comprehensive review toward effectuating either a general plan or
amendment thereof may be excepted. General plan amendments requested by
a private owner or developer outside of the comprehensive review
process are not excepted.) [Eff 12/6/85; am and comp AUG 31 1996]
(Auth: HRS §343-5, 343-6) (Imp: HRS §343-5(b), 343-6)
- Chapter 343, HRS, shall apply to persons who are required to obtain
an agency approval prior to proceeding with:
- Implementing actions which are either located in certain specified
areas; or
- Actions that require certain types of amendments to existing county
general plans.
- Chapter 343, HRS, establishes certain categories ofaction which
require the agency processing an applicant's request for approval to
prepare an environmental assessment. There are seven geographical
categories and two administrative categories.
- The seven geographical categories are:
- The use of state or county lands;
- Any use within any land classified as conservation district by the
state land use commission under chapter 205, HRS;
- Any use within the shoreline area as defined in section 205A-41,
HRS;
- Any use within any historic site as designated in the national
register or Hawaii register;
- Any use within the Waikiki area of Oahu, the boundaries of which
are delineated in the land use ordinance as amended, establishing the
"Waikiki Special District";
- Any reclassification of any land classified as conservation
district by the state land use commission under chapter 205, HRS;
and
- The construction of new, or the expansion or modification of
existing helicopter facilities within the State which by way of their
activities may affect any land classified as conservation district by
the state land use commission under chapter 205, HRS; the shoreline
area as defined in section 205A-41, HRS; or, any historic site as
designated in the National Register or Hawaii Register as provided for
in the Historic Preservation Act of 1966, Public Law 98-665, or chapter
6E, HRS; or, until the statewide historic places inventory is
completed, any historic site found by a field reconnaissance of the
area affected by the helicopter facility and which is under
consideration for placement on the National Register or the Hawaii
Register of Historic Places.
- The two administrative categories are:
- Any amendment to existing county general plans, however
denominated, which may include but not be limited to development plans,
or community plans, where the amendment would result in designations
other than agriculture, conservation, or preservation. (Actions by a
county initiating a comprehensive review toward effectuating either a
general plan or amendment thereof may be excepted. General plan
amendments requested by a private owner or developer outside of the
comprehensive review process are not excepted.); and
- The use of state or county funds, other than funds to be used for
feasibility or planning studies for possible future programs or
projects which the agency has not approved, adopted, or funded, or
funds to be used for the acquisition of unimproved real property;
provided that the agency shall consider environmental factors and
available alternatives in its feasibility or planning studies.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
A group of actions proposed by an agency or an
applicant shall be treated as a single action when:
- The component actions are phases or increments of a larger total
undertaking;
- An individual project is a necessary precedent for a larger
project;
- An individual project represents a commitment to a larger project;
or
- The actions in question are essentially identical and a single
statement will adequately address the impacts of each individual action
and those of the group of actions as a whole.
[Eff 12/6/85; comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp:
HRS §343-6)
- Chapter 343, HRS, states that a list of classes of actions shall be
drawn up which, because they will probably have minimal or no
significant effect on the environment, may be declared exempt by the
proposing agency or approving agency from the preparation of an
environmental assessment provided that agencies declaring an action
exempt under this section shall obtain the advice of other outside
agencies or individuals having jurisdiction or expertise as to the
propriety of the exemption. Actions declared exempt from the
preparation of an environmental assessment under this section are not
exempt from complying with any other applicable statute or rule. The
following list represents exempt classes of action:
- Operations, repairs, or maintenance of existing structures,
facilities, equipment, or topographical features, involving negligible
or no expansion or change of use beyond that previously existing;
- Replacement or reconstruction of existing structures and facilities
where the new structure will be located generally on the same site and
will have substantially the same purpose, capacity, density, height,
and dimensions as the structure replaced;
- Construction and location of single, new, small facilities or
structures and the alteration and modification of the same and
installation of new, small, equipment and facilities and the alteration
and modification of same, including, but not limited to:
- Single-family residences less than 3,500 square feet not in
conjunction with the building of two or more such units;
- Multi-unit structures designed for not more than four dwelling
units if not in conjunction with the building of two or more such
structures;
- Stores, offices, and restaurants designed for total occupant load
of twenty persons or less per structure, if not in conjunction with the
building of two or more such structures; and
- Water, sewage, electrical, gas, telephone, and other essential
public utility services extensions to serve such structures or
facilities; accessory or appurtenant structures including garages,
carports, patios, swimming pools, and fences; and, acquisition of
utility easements;
- Minor alterations in the conditions of land, water, or
vegetation;
- Basic data collection, research, experimental management, and
resource evaluation activities which do not result in a serious or
major disturbance to an environmental resource;
- Construction or placement of minor structures accessory to existing
facilities;
- Interior alterations involving things such as partitions, plumbing,
and electrical conveyances;
- Demolition of structures, except those structures located on any
historic site as designated in the national register or Hawaii register
as provided for in the National Historic Preservation Act of 1966,
Public Law 89-665, 16 U.S.C. §470, as amended, or chapter 6E,
HRS;
- Zoning variances except shoreline set-back variances; and
- Continuing administrative activities including, but not limited to
purchase of supplies and personnel-related actions.
- All exemptions under the classes in this section are inapplicable
when the cumulative impact of planned successive actions in the same
place, over time, is significant, or when an action that is normally
insignificant in its impact on the environment may be significant in a
particularly sensitive environment.
- Any agency, at any time, may request that a new exemption class be
added, or that an existing one be amended or deleted. The request shall
be submitted to the council, in writing, and contain detailed
information to support the request as set forth in section 11-201-16,
environmental council rules.
- Each agency, through time and experience, shall develop its own
list of specific types of actions which fall within the exempt classes,
as long as these lists are consistent with both the letter and intent
expressed in these exempt classes and chapter 343, HRS. These lists and
any amendments to the lists shall be submitted to the council for
review and concurrence. The lists shall be reviewed periodically by the
council.
- Each agency shall maintain records of actions which it has found to
be exempt from the requirements for preparation of an environmental
assessment in chapter 343, HRS, and each agency shall produce the
records for review upon request.
- In the event the governor declares a state of emergency, the
governor may exempt any affected program or action from complying with
this chapter.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
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- For agency actions, except those actions exempt from the
preparation of an environmental assessment pursuant to section 343-5,
HRS, or section 11-200-8, the proposing agency shall:
- Seek, at the earliest practicable time, the advice and input of the
county agency responsible for implementing the county's general plan
for each county in which the proposed action is to occur, and consult
with other agencies having jurisdiction or expertise as well as those
citizen groups and individuals which the proposing agency reasonably
believes to be affected;
- Identify the accepting authority pursuant to section 11-200-4 and
specify what statutory conditions under section 343-5(a), HRS, require
the preparation of an environmental assessment;
- Prepare an environmental assessment pursuant to section 11-200-10
of this chapter which shall also identify potential impacts, evaluate
the potential significance of each impact, and provide for detailed
study of significant impacts;
- Determine, after reviewing the environmental assessment described
in paragraph (3), and considering the significance criteria in section
11-200-12, whether the proposed action warrants an anticipated negative
declaration or an environmental impact statement preparation notice,
provided that for an environmental impact statement preparation notice,
the proposing agency shall inform the accepting authority of the
proposed action;
- File the appropriate notice of determination (anticipated negative
declaration or environmental impact statement preparation notice in
accordance with section 11-200-11.1 or 11-200-11.2, as appropriate),
the completed informational form in section 11-200-3(d), and four
copies of the supporting environmental assessment (a draft
environmental assessment for the anticipated negative declaration or a
final environmental assessment for the environmental impact statement
preparation notice) with the office in accordance with sections
11-200-3, 11-200-11.1, 11-200-11.2, and other applicable sections of
this chapter;
- Distribute, concurrently with the filing in paragraph (5), the
draft environmental assessment to other agencies having jurisdiction or
expertise as well as citizen groups and individuals which the proposing
agency reasonably believes to be affected;
- Deposit, concurrently with the filing in paragraph (5), one copy of
the draft environmental assessment at the nearest state library in each
county in which the proposed action is to occur;
- Receive and respond to public comments in accordance with: section
11-200-9.1 for draft environmental assessments for anticipated negative
declaration determinations; or, section 11-200-15 for environmental
assessments for preparation notices. For draft environmental
assessments, the proposing agency shall revise the environmental
assessment to incorporate public comments as appropriate, and append
copies of comment letters and responses in the environmental assessment
(the draft environmental assessment as revised, shall be filed as a
final environmental assessment as described in section 11-200-11.2);
and
- As appropriate, issue either a negative declaration determination
or an environmental impact statement preparation notice pursuant to the
requirements of section 11-200-11.2, provided that for preparation
notice determinations, the proposing agency shall proceed to section
11-200-15 after fulfilling the requirements of sections 11-200-10,
11-200-11.2, 11-200-13, and 11-200-14, as appropriate.
- For applicant actions, except those actions exempt from the
preparation of an environmental assessment pursuant to section 343-5,
HRS, or those actions which the approving agency declares exempt
pursuant to section 11-200-8, the approving agency shall:
- Require the applicant, at the earliest practicable time, to seek
the advice and input of the lead county agency responsible for
implementing the county's general plan for each county in which the
proposed action is to occur, and consult with other agencies having
jurisdiction or expertise as well as those citizen groups and
individuals which the approving agency reasonably believes to be
affected;
- Require the applicant to provide whatever information the approving
agency deems necessary to complete the preparation of an environmental
assessment in accordance with section 11-200-10;
- Within thirty days from the date of receipt of the applicant's
complete request for approval to the approving agency:
- prepare an environmental assessment pursuant to section 11-200-10;
and
- determine, after reviewing the environmental assessment and
considering the significance criteria in section 11-200-12 whether the
proposed action warrants an anticipated negative declaration or an
environmental impact statement preparation notice;
- File the appropriate notice of determination (anticipated negative
declaration or environmental impact statement preparation notice in
accordance with section 11-200-11.1 or 11-200-11.2), the completed
informational form in section 11-200-3(d) and four copies of the
supporting environmental assessment (a draft environmental assessment
for the anticipated negative declaration or a final environmental
assessment for the environmental impact statement preparation notice)
with the office in accordance with sections 11-200-3, and 11-200-11.1,
or 11-200-11.2;
- Distribute, or require the applicant to distribute, concurrently
with the filing in paragraph (4), the draft environmental assessment to
other agencies having jurisdiction or expertise as well as citizen
groups and individuals which the approving agency reasonably believes
to be affected;
- Deposit or require the applicant to deposit, concurrently with the
filing in paragraph (4), one copy of the draft environmental assessment
at the nearest state library in each county in which the proposed
action is to occur;
- Receive public comments, transmit copies of public comments to the
applicant and require the applicant to respond to public comments, all
in accordance with section 11-200-9.1 for draft environmental
assessments, or 11-200-15 for preparation notices and their associated
final environmental assessments. For draft environmental assessments,
the approving agency shall require the applicant: to provide whatever
information the approving agency deems necessary to revise the draft
environmental assessment; to incorporate comments as appropriate; and,
to include copies of comment letters and the applicant responses (the
draft environmental assessment as revised shall be filed as a final
environmental assessment as described in section 11-200-11.2); and
- As appropriate, issue a negative declaration determination or an
environmental impact statement preparation notice with appropriate
notice of determination thereof pursuant to section 11-200-11.2 within
thirty days from the end of the thirty-day public comment period. For
preparation notice determinations, the approving agency shall proceed
to section 11-200-15 after fulfilling the requirements of sections
11-200-10, 11-200-11.2, 11-200-13, and 11-200-14, as appropriate.
- For agency or applicant actions, the proposing agency or the
approving agency, as appropriate, shall analyze alternatives, in
addition to the proposed action in the environmental assessment.
[Eff 12/6/85; am and comp AUG 31 1996](Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
- This section shall apply only if a proposing agency or an approving
agency anticipates a negative declaration determination for a proposed
action and that agency has completed the requirements of section
11-200-9(a), paragraphs (1), (2), (3), (4), (5), (6) and (7), or
section 11-200-9(b), paragraphs (1), (2), (3), (4), (5) and (6), as
appropriate.
- The period for public review and for submitting written comments
for both agency actions and applicant actions shall begin as of the
initial issue date that notice of availability of the draft
environmental assessment was published in the periodic bulletin and
shall continue for a period of thirty days. Written comments to the
proposing agency or approving agency, whichever is applicable, with a
copy of the comments to the applicant or proposing agency, shall be
received or postmarked to the proposing agency or approving agency,
within the thirty-day period. Any comments outside of the thirty-day
period need not be considered or responded to.
- For agency actions, the proposing agency shall respond in writing
to all comments received or postmarked during the thirty-day review
period, incorporate comments as appropriate, and append the comments
and responses in the final environmental assessment. Each response
shall be sent directly to the person commenting, with copies of the
response also sent to the office.
- For applicant actions, the applicant shall respond in writing to
all comments received or postmarked during the thirty-day review period
and the approving agency shall incorporate or append the comments and
responses in the final environmental assessment. Each response shall be
sent directly to the person commenting with a copy to the office. A
copy of each response shall be sent to the approving agency for its
timely preparation of a determination and notice thereof pursuant to
sections 11-200-9(b) and 11-200-11.1 or 11-200-11.2.
- An addendum document to a draft environmental assessment shall
reference the original draft environmental assessment it attaches to
and shall comply with all applicable public review and comment
requirements set forth in sections 11-200-3 and 11-200-9.
[Eff and comp AUG 31 1996](Auth: HRS §343-3, 343-5, 343-6) (Imp:
HRS §343-3, 343-5, 343-6)
The proposing agency or approving agency shall
prepare any draft or final environmental assessment of each proposed
action and determine whether the anticipated effects constitute a
significant effect in the context of chapter 343, HRS, and section
11-200-12. The environmental assessment shall contain, but not be
limited to, the following information:
- Identification of applicant or proposing agency;
- Identification of approving agency, if applicable;
- Identification of agencies, citizen groups, and individuals
consulted in making the assessment;
- General description of the action's technical, economic, social,
and environmental characteristics;
- Summary description of the affected environment, including suitable
and adequate regional, location and site maps such as Flood Insurance
Rate Maps, Floodway Boundary Maps, or United States Geological Survey
topographic maps;
- Identification and summary of impacts and alternatives
considered;
- Proposed mitigation measures;
- Agency determination or, for draft environmental assessments only,
an anticipated determination;
- Findings and reasons supporting the agency determination or
anticipated determination;
- Agencies to be consulted in the preparation of the EIS, if an EIS
is to be prepared;
- List of all permits and approvals (State, federal, county)
required; and
- Written comments and responses to the comments under the early
consultation provisions of sections 11-200-9(a)(1), 11-200-9(b)(1), or
11-200-15, and statutorily prescribed public review periods.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5(c), 343-6)
REPEALED. [R AUG 31 1996]
- After preparing an environmental assessment and reviewing public
and agency comments, if any, applying the significance criteria in
section 11-200-12, if the proposing agency or the approving agency
anticipates that the proposed action is not likely to have a
significant effect, it shall issue a notice of determination which
shall be an anticipated negative declaration subject to the public
review provisions of section 11-200-9.1. The proposing agency or
approving agency shall also file such notice with the office as early
as possible after the determination is made pursuant to and in
accordance with section 11-200-9, and the requirements in subsection
(c) along with four copies of the supporting environmental assessment.
In addition to the above, the anticipated negative declaration
determination for any applicant action shall be mailed to the
requesting applicant by the approving agency.
- The office shall publish notice of availability of the draft
environmental assessment for the anticipated negative declaration in
the periodic bulletin following the date of receipt by the office in
accordance with section 11-200-3.
- The notice of determination shall indicate in a concise manner:
- Identification of applicant or proposing agency;
- Identification of accepting authority;
- Brief description of proposed action;
- Determination;
- Reasons supporting determination; and
- Name, address, and phone number of contact person for further
information.
- When an agency withdraws a determination pursuant to its rules, the
agency shall submit to the office a written letter informing the office
of its withdrawal. The office shall publish notice of agency
withdrawals in accordance with section 11-200-3.
[Eff and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS
§ 343-5(c), 343-6)
- After preparing a final environmental assessment, reviewing public
and agency comments, if any, applying the significance criteria in
section 11-200-12, the proposing agency or the approving agency shall
issue one of the following notices of determination in accordance with
section 11-200-9(a) or 11-200-9(b), and file the notice with the office
addressing the requirements in subsection (c), along with four copies
of the supporting final environmental assessment, provided that in
addition to the above, all notices of determination for any applicant
action shall be mailed to the requesting applicant by the approving
agency:
- Environmental impact statement preparation notice. If the proposing
agency or approving agency determines that a proposed action may have a
significant effect, it shall issue a notice of determination which
shall be an environmental impact statement preparation notice and such
notice shall be filed as early as possible after the determination is
made pursuant to and in accordance with section 11-200-9.
- Negative declaration. If the proposing agency or approving agency
determines that a proposed action is not likely to have a significant
effect, it shall issue a notice of determination which shall be a
negative declaration, and the proposing agency or approving agency
shall file such notice with the office as early as possible after the
determination is made pursuant to and in accordance with section
11-200-9.
- The office shall publish the appropriate notice of determination in
the periodic bulletin following receipt of the documents in subsection
(a) by the office in accordance with section 11-200-3.
- The notice of determination shall indicate in a concise manner:
- Identification of applicant or proposing agency;
- Identification of accepting authority;
- Brief description of proposed action;
- Determination;
- Reasons supporting determination; and
- Name, address, and phone number of contact person for further
information.
- When an agency withdraws a determination pursuant to its rules, the
agency shall submit to the office a written letter informing the office
of its withdrawal. The office shall publish notice of agency
withdrawals in accordance with section 11-200-3.
[Eff and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS
§ 343-5(c), 343-6)
- In considering the significance of potential environmental effects,
agencies shall consider the sum of effects on the quality of the
environment, and shall evaluate the overall and cumulative effects of
an action.
- In determining whether an action may have a significant effect on
the environment, the agency shall consider every phase of a proposed
action, the expected consequences, both primary and secondary, and the
cumulative as well as the short-term and long-term effects of the
action. In most instances, an action shall be determined to have a
significant effect on the environment if it:
- Involves an irrevocable commitment to loss or destruction of any
natural or cultural resource;
- Curtails the range of beneficial uses of the environment;
- Conflicts with the state's long-term environmental policies or
goals and guidelines as expressed in chapter 344, HRS, and any
revisions thereof and amendments thereto, court decisions, or executive
orders;
- Substantially affects the economic welfare, social welfare, and
cultural practices of the community or State;
- Substantially affects public health;
- Involves substantial secondary impacts, such as population changes
or effects on public facilities;
- Involves a substantial degradation of environmental quality;
- Is individually limited but cumulatively has considerable effect
upon the environment or involves a commitment for larger actions;
- Substantially affects a rare, threatened, or endangered species, or
its habitat;
- Detrimentally affects air or water quality or ambient noise
levels;
- Affects or is likely to suffer damage by being located in an
environmentally sensitive area such as a flood plain, tsunami zone,
beach, erosion-prone area, geologically hazardous land, estuary, fresh
water, or coastal waters;
- Substantially affects scenic vistas and viewplanes identified in
county or state plans or studies; or,
- Requires substantial energy consumption.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-2, 343-6)
- Chapter 343, HRS, provides that whenever an agency proposes to
implement an action or receives a request for approval, the agency may
consider and, when applicable and appropriate, incorporate by
reference, in whole or in part, previous determinations of whether a
statement is required, and previously accepted statements.
- Previous determinations and previously accepted statements may be
incorporated by applicants and agencies whenever the information
contained therein is pertinent to the decision at hand and has logical
relevancy and bearing to the action being considered.
- Agencies shall not, without considerable pre-examination and
comparison, use past determinations and previous statements to apply to
the action at hand. The action for which a determination is sought
shall be thoroughly reviewed prior to the use of previous
determinations and previously accepted statements. Further, when
previous determinations and previous statements are considered or
incorporated by reference, they shall be substantially similar to and
relevant to the action then being considered.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
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Chapter 343, HRS, directs that in both agency and
applicant actions where statements are required, the preparing party
shall prepare the EIS, submit it for review and comments, and revise
it, taking into account all critiques and responses. Consequently, the
EIS process involves more than the preparation of a document; it
involves the entire process of research, discussion, preparation of a
statement, and review. The EIS process shall involve at a minimum:
identifying environmental concerns, obtaining various relevant data,
conducting necessary studies, receiving public and agency input,
evaluating alternatives, and proposing measures for avoiding,
minimizing, rectifying or reducing adverse impacts. An EIS is
meaningless without the conscientious application of the EIS process as
a whole, and shall not be merely a self-serving recitation of benefits
and a rationalization of the proposed action. Agencies shall ensure
that statements are prepared at the earliest opportunity in the
planning and decision-making process. This shall assure an early open
forum for discussion of adverse effects and available alternatives, and
that the decision-makers will be enlightened to any environmental
consequences of the proposed action.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
- In the preparation of a draft EIS, proposing agencies and
applicants shall consult all appropriate agencies noted in section
11-200-10(10) and other citizen groups, and concerned individuals as
noted in sections 11-200-9 and 11-200-9.1. To this end, agencies and
applicants shall endeavor to develop a fully acceptable EIS prior to
the time the EIS is filed with the office, through a full and complete
consultation process, and shall not rely solely upon the review process
to expose environmental concerns. At the discretion of the proposing
agency or an applicant, a public scoping meeting to receive comments on
the final environmental assessment (for the EIS preparation notice
determination) setting forth the scope of the draft EIS may be held
within the thirty-day public review and comment period in subsection
(b), provided that the proposing agency or applicant shall treat oral
and written comments received at such a meeting as indicated in
subsection (d).
- Upon publication of a preparation notice in the periodic bulletin,
agencies, groups, or individuals shall have a period of thirty days
from the initial issue date in which to request to become a consulted
party and to make written comments regarding the environmental effects
of the proposed action. Upon written request by the consulted party and
upon good cause shown, the approving agency or accepting authority may
extend the period for comments for a period not to exceed thirty
days.
- Upon receipt of the request, the proposing agency or applicant
shall provide the consulted party with a copy of the environmental
assessment or requested portions thereof and the environmental impact
statement preparation notice. Additionally, the proposing agency or
applicant may provide any other information it deems necessary. The
proposing agency or applicant may also contact other agencies, groups,
or individuals which it feels may provide pertinent additional
information.
- Any substantive comments received by the proposing agency or
applicant pursuant to this section shall be responded to in writing and
as appropriate, incorporated into the draft EIS by the proposing agency
or applicant prior to the filing of the draft EIS with the approving
agency or accepting authority. Letters submitted which contain no
comments on the project but only serve to acknowledge receipt of the
document do not require a written response. Acknowledgement of receipt
of these items must be included in the final environmental assessment
or final statement.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
The environmental impact statement shall contain an
explanation of the environmental consequences of the proposed action.
The contents shall fully declare the environmental implications of the
proposed action and shall discuss all relevant and feasible
consequences of the action. In order that the public can be fully
informed and that the agency can make a sound decision based upon the
full range of responsible opinion on environmental effects, a statement
shall include responsible opposing views, if any, on significant
environmental issues raised by the proposal.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-2, 343-5, 343-6)
- The draft EIS, at a minimum, shall contain the information required
in this section.
- The draft EIS shall contain a summary sheet which concisely
discusses the following:
- Brief description of the action;
- Significant beneficial and adverse impacts (including cumulative
impacts and secondary impacts);
- Proposed mitigation measures;
- Alternatives considered;
- Unresolved issues; and
- Compatibility with land use plans and policies, and listing of
permits or approvals.
- The draft EIS shall contain a table of contents.
- The draft EIS shall contain a separate and distinct section that
includes a statement of purpose and need for the proposed action.
- The draft EIS shall contain a project description which shall
include the following information, but need not supply extensive detail
beyond that needed for evaluation and review of the environmental
impact:
- A detailed map (preferably a United States Geological Survey
topographic map, Flood Insurance Rate Maps or Floodway Boundary Maps as
applicable) and a related regional map;
- Statement of objectives;
- General description of the action's technical, economic, social,
and environmental characteristics;
- Use of public funds or lands for the action;
- Phasing and timing of action;
- Summary technical data, diagrams, and other information necessary
to permit an evaluation of potential environmental impact by commenting
agencies and the public; and
- Historic perspective.
- The draft EIS shall describe in a separate and distinct section
alternatives which could attain the objectives of the action,
regardless of cost, in sufficient detail to explain why they were
rejected. The section shall include a rigorous exploration and
objective evaluation of the environmental impacts of all such
alternative actions. Particular attention shall be given to
alternatives that might enhance environmental quality or avoid, reduce,
or minimize some or all of the adverse environmental effects, costs,
and risks. Examples of alternatives include:
- The alternative of no action;
- Alternatives requiring actions of a significantly different nature
which would provide similar benefits with different environmental
impacts;
- Alternatives related to different designs or details of the
proposed actions which would present different environmental
impacts;
- The alternative of postponing action pending further study;
and,
- Alternative locations for the proposed project.
In each case, the analysis shall be sufficiently detailed to allow the
comparative evaluation of the environmental benefits, costs, and risks
of the proposed action and each reasonable alternative. For any agency
actions, the discussion of alternatives shall include, where relevant,
those alternatives not within the existing authority of the agency.
- The draft EIS shall include a description of the environmental
setting, including a description of the environment in the vicinity of
the action, as it exists before commencement of the action, from both a
local and regional perspective. Special emphasis shall be placed on
environmental resources that are rare or unique to the region and the
project site (including natural or human-made resources of historic,
archaeological, or aesthetic significance); specific reference to
related projects, public and private, existent or planned in the region
shall also be included for purposes of examining the possible overall
cumulative impacts of such actions. Proposing agencies and applicants
shall also identify, where appropriate, population and growth
characteristics of the affected area and any population and growth
assumptions used to justify the action and determine secondary
population and growth impacts resulting from the proposed action and
its alternatives. In any event, it is essential that the sources of
data used to identify, qualify, or evaluate any and all environmental
consequences be expressly noted.
- The draft EIS shall include a statement of the relationship of the
proposed action to land use plans, policies, and controls for the
affected area. Discussion of how the proposed action may conform or
conflict with objectives and specific terms of approved or proposed
land use plans, policies, and controls, if any, for the area affected
shall be included. Where a conflict or inconsistency exists, the
statement shall describe the extent to which the agency or applicant
has reconciled its proposed action with the plan, policy, or control,
and the reasons why the agency or applicant has decided to proceed,
notwithstanding the absence of full reconciliation. The draft EIS shall
also contain a list of necessary approvals, required for the action,
from governmental agencies, boards, or commissions or other similar
groups having jurisdiction. The status of each identified approval
shall also be described.
- The draft EIS shall include a statement of the probable impact of
the proposed action on the environment, and impacts of the natural or
human environment on the project, which shall include consideration of
all phases of the action and consideration of all consequences on the
environment; direct and indirect effects shall be included. The
interrelationships and cumulative environmental impacts of the proposed
action and other related projects shall be discussed in the draft EIS.
It should be realized that several actions, in particular those that
involve the construction of public facilities or structures (e.g.,
highways, airports, sewer systems, water resource projects, etc.) may
well stimulate or induce secondary effects. These secondary effects may
be equally important as, or more important than, primary effects, and
shall be thoroughly discussed to fully describe the probable impact of
the proposed action on the environment. The population and growth
impacts of an action shall be estimated if expected to be significant,
and an evaluation made of the effects of any possible change in
population patterns or growth upon the resource base, including but not
limited to land use, water, and public services, of the area in
question. Also, if the proposed action constitutes a direct or indirect
source of pollution as determined by any governmental agency, necessary
data shall be incorporated into the EIS. The significance of the
impacts shall be discussed in terms of subsections (j), (k), (l), and
(m).
- The draft EIS shall include in a separate and distinct section a
description of the relationship between local short-term uses of
humanity's environment and the maintenance and enhancement of long-term
productivity. The extent to which the proposed action involves
trade-offs among short-term and long-term gains and losses shall be
discussed. The discussion shall include the extent to which the
proposed action forecloses future options, narrows the range of
beneficial uses of the environment, or poses long-term risks to health
or safety. In this context, short-term and long-term do not necessarily
refer to any fixed time periods, but shall be viewed in terms of the
environmentally significant consequences of the proposed action.
- The draft EIS shall include in a separate and distinct section a
description of all irreversible and irretrievable commitments of
resources that would be involved in the proposed action should it be
implemented. Identification of unavoidable impacts and the extent to
which the action makes use of non-renewable resources during the phases
of the action, or irreversibly curtails the range of potential uses of
the environment shall also be included. The possibility of
environmental accidents resulting from any phase of the action shall
also be considered. Agencies shall avoid construing the term
"resources" to mean only the labor and materials devoted to an action.
"Resources" also means the natural and cultural resources committed to
loss or destruction by the action.
- The draft EIS shall address all probable adverse environmental
effects which cannot be avoided. Any adverse effects such as water or
air pollution, urban congestion, threats to public health, or other
consequences adverse to environmental goals and guidelines established
by environmental response laws, coastal zone management laws, pollution
control and abatement laws, and environmental policy such as that found
in chapters 128D, 205A, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I,
342J, 342L, 342N, 342P, and 344, HRS, shall be included, including
those effects discussed in other actions of this paragraph which are
adverse and unavoidable under the proposed action. Also, the rationale
for proceeding with a proposed action, notwithstanding unavoidable
effects, shall be clearly set forth in this section. The draft EIS
shall indicate what other interests and considerations of governmental
policies are thought to offset the adverse environmental effects of the
proposed action. The statement shall also indicate the extent to which
these stated countervailing benefits could be realized by following
reasonable alternatives to the proposed action that would avoid some or
all of the adverse environmental effects.
- The draft EIS shall consider mitigation measures proposed to avoid,
minimize, rectify, or reduce impact, including provision for
compensation for losses of cultural, community, historical,
archaeological, fish and wildlife resources, including the acquisition
of land, waters, and interests therein. Description of any mitigation
measures included in the action plan to reduce significant,
unavoidable, adverse impacts to insignificant levels, and the basis for
considering these levels acceptable shall be included. Where a
particular mitigation measure has been chosen from among several
alternatives, the measures shall be discussed and reasons given for the
choice made. Included, where possible and appropriate, should be
specific reference to the timing of each step proposed to be taken in
the mitigation process, what performance bonds, if any, may be posted,
and what other provisions are proposed to assure that the mitigation
measures will in fact be taken.
- The draft EIS shall include a separate and distinct section that
summarizes unresolved issues and contains either a discussion of how
such issues will be resolved prior to commencement of the action, or
what overriding reasons there are for proceeding without resolving the
problems.
- The draft EIS shall include a separate and distinct section that
contains a list identifying all governmental agencies, other
organizations and private individuals consulted in preparing the
statement, and the identity of the persons, firms, or agency preparing
the statement, by contract or other authorization, shall be
disclosed.
- The draft EIS shall include a separate and distinct section that
contains reproductions of all substantive comments and responses made
during the consultation process. A list of those persons or agencies
who were consulted and had no comment shall be included in the draft
EIS.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-2, 343-5, 343-6)
The final EIS shall consist of:
- The draft EIS revised to incorporate substantive comments received
during the consultation and review processes;
- Reproductions of all letters received containing substantive
questions, comments, or recommendations and, as applicable, summaries
of any scoping meetings held;
- A list of persons, organizations, and public agencies commenting on
the draft EIS;
- The responses of the applicant or proposing agency to each
substantive question, comment, or recommendation received in the review
and consultation processes. The text of the final EIS which shall be
written in a format which allows the reader to easily distinguish
changes made to the text of the draft EIS.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-2, 343-5, 343-6)
In developing the EIS, preparers shall make every
effort to convey the required information succinctly in a form easily
understood, both by members of the public and by public
decision-makers, giving attention to the substance of the information
conveyed rather than to the particular form, or length, or detail of
the statement. The scope of the statement may vary with the scope of
the proposed action and its impact. Data and analyses in a statement
shall be commensurate with the importance of the impact, and less
important material may be summarized, consolidated, or simply
referenced. Statements shall indicate at appropriate points in the text
any underlying studies, reports, and other information obtained and
considered in preparing the statement, including cost benefit analyses
and reports required under other legal authorities. Care shall be taken
to concentrate on important issues and to ensure that the statement
remains an essentially self-contained document, capable of being
understood by the reader without the need for undue
cross-reference.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
- The proposing agency or applicant shall file the original (signed)
draft EIS with the accepting authority, along with a minimum number of
copies determined by the accepting authority. Simultaneously, a minimum
number of four copies of the draft EIS shall be filed with the
office.
- The proposing agency or applicant shall file the original (signed)
final EIS with the accepting authority, along with a minimum number of
copies determined by the accepting authority. Simultaneously, four
copies of the final EIS shall be filed with the office.
- An EIS may be filed at any time at the office by the proposing
agency or applicant in accordance with section 11-200-3.
- The proposing agency or applicant shall sign and date the original
copy of the draft or final EIS and shall indicate that the statement
and all ancillary documents were prepared under the signatory's
direction or supervision and that the information submitted, to the
best of the signatory's knowledge fully addresses document content
requirements as set forth in sections 11-200-17 and 11-200-18, as
appropriate.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-3, 343-6)
The office shall be responsible for the publication
of the notice of availability of the EIS in its bulletin. The office
shall develop a distribution list of reviewers (i.e., persons and
agencies with jurisdiction or expertise in certain areas relevant to
various actions) and a list of public depositories, which shall include
public libraries, where copies of the statements shall be available,
and to the extent possible, the proposing agency or applicant shall
make copies of the EIS available to individuals requesting the EIS. The
office's distribution list may be developed cooperatively among the
applicant or proposing agency, the accepting authority, and the office;
provided the office shall be responsible for determining the final
list. The applicant or proposing agency shall directly distribute the
required copies to those on the distribution list after the office has
verified to the applicant or proposing agency the accuracy of the
distribution list. For final statements, the agency or applicant shall
give the commentor an option of requesting a copy of the final EIS or
portions thereof. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS
§343-5, 343-6) (Imp: HRS §343-3, 343-5, 343-6)
- Public review shall not substitute for early and open discussion
with interested persons and agencies, concerning the environmental
impacts of a proposed action. Review of the EIS shall serve to provide
the public and other agencies an opportunity to discover the extent to
which a proposing agency or applicant has examined environmental
concerns and available alternatives.
- The period for public review and for submitting written comments
shall commence as of the date notice of availability of the draft EIS
is initially issued in the periodic bulletin and shall continue for a
period of forty-five days. Written comments to the approving agency or
accepting authority, whichever is applicable, with a copy of the
comments to the applicant or proposing agency, shall be received or
postmarked to the approving agency or accepting authority, within said
forty-five-day period. Any comments outside of the forty-five day
comment period need not be considered or responded to.
- The proposing agency or applicant shall respond in writing to the
comments received or postmarked during the forty-five-day review period
and incorporate the comments and responses in the final EIS. The
response to comments shall include:
- Point-by-point discussion of the validity, significance, and
relevance of comments; and
- Discussion as to how each comment was evaluated and considered in
planning the proposed action.
The response shall endeavor to resolve conflicts, inconsistencies, or
concerns. Response letters reproduced in the text of the final EIS
shall indicate verbatim changes that have been made to the text of the
draft EIS. The response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed project to
mitigate anticipated impacts or objections, etc.). In particular, the
issues raised when the applicant's or proposing agency's position is at
variance with recommendations and objections raised in the comments
shall be addressed in detail, giving reasons why specific comments and
suggestions were not accepted, and factors of overriding importance
warranting an override of the suggestions.
- An addendum document to a draft environmental impact statement
shall reference the original draft environmental impact statement it
attaches to and comply with all applicable filing, public review, and
comment requirements set forth in subchapter 7.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
- Acceptability of a statement shall be evaluated on the basis of
whether the statement, in its completed form, represents an
informational instrument which fulfills the definition of an EIS and
adequately discloses and describes all identifiable environmental
impacts and satisfactorily responds to review comments.
- A statement shall be deemed to be an acceptable document by the
accepting authority or approving agency only if all of the following
criteria are satisfied:
- The procedures for assessment, consultation process, review, and
the preparation and submission of the statement, have all been
completed satisfactorily as specified in this chapter;
- The content requirements described in this chapter have been
satisfied; and
- Comments submitted during the review process have received
responses satisfactory to the accepting authority, or approving agency,
and have been incorporated in the statement.
- For actions proposed by agencies, the proposing agency may request
the office to make a recommendation regarding the acceptability or
non-acceptability of the EIS. In all cases involving state funds or
lands, the governor or an authorized representative shall have final
authority to accept the EIS. In cases involving only county funds or
lands, the mayor of the respective county or an authorized
representative shall have final authority to accept the EIS. The
accepting authority shall take prompt measures to determine the
acceptability or nonacceptability of the proposing agency's statement.
In the event that the action involves both state and county lands or
funds, the governor or an authorized representative shall have final
authority to accept the EIS. Upon acceptance or non-acceptance of the
EIS, a notice shall be filed by the appropriate accepting authority
with both the proposing agency and the office. For any non-accepted
EIS, the notice shall contain specific findings and reasons for
non-acceptance. The office shall publish notice of the determination of
acceptance or non-acceptance in the periodic bulletin in accordance
with section 11-200-3. Acceptance of a required statement shall be a
condition precedent to the use of state or county lands or funds in
implementing the proposed action.
- For actions proposed by applicants requiring approval from an
agency, the applicant or accepting authority may request the office to
make a recommendation regarding the acceptability or non-acceptability
of the statement. If the office decides to make a recommendation, it
shall submit the recommendation to the applicant and the approving
agency within the thirty-day period requiring an approving agency to
determine the acceptability of the final EIS and described in section
343-5(c), HRS. Upon acceptance or non-acceptance by the approving
agency, the agency shall notify the applicant of its determination, and
provide specific findings and reasons. The agency shall also provide a
copy of this determination to the office for publication of a notice in
the periodic bulletin. Acceptance of the required EIS shall be a
condition precedent to approval of the request and commencement of the
proposed action. An approving agency shall take prompt measures to
determine the acceptability or non-acceptability of the applicant's
statement. The agency shall notify the applicant and the office of the
acceptance or non-acceptance of the final EIS within thirty days of the
final EIS, provided that the thirty-day period may be extended at the
request of the applicant for a period not to exceed fifteen days. The
request shall be made to the accepting authority in writing. Upon
receipt of an applicant's request for an extension of the thirty-day
acceptance period, the accepting authority shall notify the office and
applicant in writing of its decision to grant or deny the request. The
notice shall be accompanied by a copy of the applicant's request. An
extension of the thirty-day acceptance period shall not be allowed
merely for the convenience of the accepting authority. In the event
that the agency fails to make a determination of acceptance or
non-acceptance for the statement within thirty days of the receipt of
the final EIS, then the statement shall be deemed accepted.
- A non-accepted EIS may be revised by a proposing agency or
applicant. The revision shall take the form of a revised draft EIS
document which shall fully address the inadequacies of the non-accepted
EIS and shall completely and thoroughly discuss the changes made. The
requirements for filing, distribution, publication of availability for
review, acceptance or non-acceptance, and notification and publication
of acceptability shall be the same as the requirements prescribed by
sections 11-200-20, 11-200-21, 11-200-22, and 11-200-23 for an EIS
submitted for acceptance. In addition, the revised draft EIS shall be
evaluated for acceptability on the basis of whether it satisfactorily
addresses the findings and reasons for non-acceptance.
- A proposing agency or applicant may withdraw an EIS by sending a
letter to the office informing the office of the agency's or
applicant's withdrawal. Subsequent resubmittal of the EIS shall meet
all requirements for filing, distribution, publication, review,
acceptance, and notification as a new EIS.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
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An applicant, within sixty days after non-acceptance
of a statement by an agency, may appeal the non-acceptance to the
council, which within thirty days of receipt of the appeal, shall
notify the applicant of its determination. In any affirmation or
reversal of an appealed non-acceptance, the council shall provide the
applicant and the agency with specific findings and reasons for its
determination. The agency shall abide by the council's decision.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
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When the situation occurs where a certain action
will be subject both to the National Environmental Policy Act of 1969
(Public Law 91-190, as amended by Public Law 94-52 and Public Law
94-83; 42 U.S.C. §4321-4347) and chapter 343, HRS, the following
shall occur:
- The applicant or agency, upon discovery of its proposed action
being subject to both chapter 343, HRS, and the National Environmental
Policy Act, shall notify the responsible federal agency, the office,
and any agency with a definite interest in the action (as prescribed by
chapter 343, HRS) of the situation.
- The National Environmental Policy Act requires that draft
statements be prepared by the responsible federal agency. When the
responsibility of preparing an EIS is delegated to a state or county
agency, this chapter shall apply in addition to federal requirements
under the National Environmental Policy Act. The office and agencies
shall cooperate with federal agencies to the fullest extent possible to
reduce duplication between federal and state requirements. This
cooperation, to the fullest extent possible, shall include joint
environmental impact statements with concurrent public review and
processing at both levels of government. Where federal law has
environmental impact statement requirements in addition to but not in
conflict with this chapter, the office and agencies shall cooperate in
fulfilling the requirements so that one document shall comply with all
applicable laws.
- In all actions where the use of state land or funds is proposed,
the final statement shall be submitted to the governor or an authorized
representative. In all actions when the use of county land or funds is
proposed, the final statement shall be submitted to the mayor, or an
authorized representative. The final statement in these instances shall
first be accepted by the governor or mayor (or an authorized
representative), prior to the submission of the same to the
Environmental Protection Agency or responsible federal agency.
- Any acceptance obtained pursuant to paragraphs (1) to (3) shall
satisfy chapter 343, HRS, and no other statement for the proposed
action shall be required.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
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A statement that is accepted with respect to a
particular action is usually qualified by the size, scope, location,
intensity, use, and timing of the action, among other things. A
statement that is accepted with respect to a particular action shall
satisfy the requirements of this chapter and no other statement for
that proposed action shall be required, to the extent that the action
has not changed substantively in size, scope, intensity, use, location
or timing, among other things. If there is any change in any of these
characteristics which may have a significant effect, the original
statement that was changed shall no longer be valid because an
essentially different action would be under consideration and a
supplemental statement shall be prepared and reviewed as provided by
this chapter. As long as there is no change in a proposed action
resulting in individual or cumulative impacts not originally disclosed,
the statement associated with that action shall be deemed to comply
with this chapter.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
The accepting authority or approving agency in
coordination with the original accepting authority shall be responsible
for determining whether a supplemental statement is required. This
determination will be submitted to the office for publication in the
periodic bulletin. Proposing agencies or applicants shall prepare for
public review supplemental statements whenever the proposed action for
which a statement was accepted has been modified to the extent that new
or different environmental impacts are anticipated. A supplemental
statement shall be warranted when the scope of an action has been
substantially increased, when the intensity of environmental impacts
will be increased, when the mitigating measures originally planned are
not to be implemented, or where new circumstances or evidence have
brought to light different or likely increased environmental impacts
not previously dealt with.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
The contents of the supplemental statement shall be
the same as required by this chapter for the EIS and may incorporate by
reference unchanged material from the same; however, in addition, it
shall fully document the proposed changes from the original EIS,
including changes in ambient conditions or available information that
have a bearing on a proposed action or its impacts, the positive and
negative aspects of these changes, and shall comply with the content
requirements of section 11-200-16 as they relate to the changes.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
The requirements of the thirty-day consultation,
filing public notice, distribution, the forty-five-day public review,
comments and response, and acceptance procedures, shall be the same for
the supplemental statement as is prescribed by this chapter for an
EIS.
[Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-6)
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If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application; and
to this end, the provisions of this chapter are declared to be
severable."
[Eff 12/6/85; comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp:
HRS §343-6, 343-8)
Amendments to and compilation of chapter 200, title
11, Hawaii Administrative Rules, and the repeal of section 11-200-11,
Hawaii Administrative Rules were adopted on March 27, 1996 following
public hearings held on November 14, 1995, November 16, 1995, November
17, 1995, November 20, 1995 and November 21, 1995 after public notice
was given in the Honolulu Advertiser, Honolulu Star-Bulletin, Maui
News, The Garden Island, West Hawaii Today, Hawaii Tribune-Herald and
Molokai Dispatch on October 12, 1995.
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