Hawaii Administrative Code

(a) When an agency is considering whether a prior exemption, FONSI, or an accepted EIS satisfies chapter 343, HRS, for a proposed action, the agency may determine that additional environmental review is not required because: (1) The proposed action was a component of, or is subst…

A proposing agency or applicant may incorporate information or analysis from a relevant prior exemption notice, final EA, or accepted EIS into an exemption notice, EA, EISPN, or EIS, for a proposed action whenever the information or analysis is pertinent and has logical relevancy…

(a) In considering the significance of potential environmental effects, agencies shall consider and evaluate the sum of effects of the proposed action on the quality of the environment. (b) In determining whether an action may have a significant effect on the environment, the age…

(a) Fcr an agency action, through its judgment and experience, a proposing agency shall assess the significance of the potential impacts of the action to determine the level of environmental review necessary for the action. (b) For an applicant action, within thirty days from the…

(a) Some actions, because they will individually and cumulatively probably have minimal or no significant effects, can be declared exempt from the preparation of an EA. (b) Actions declared exempt from the preparation of an EA under this subchapter are not exempt from complying w…

(a) Each agency, through time and experience, may develop its own exemption list consistent with both the letter and intent expressed in this subchapter and in chapter 343, HRS, of: (1) Routine activities and ordinary functions within the jurisdiction or expertise of the agency t…

(a) Each agency shall create an exemption notice for an action that it has found to be exempt from the requirements for preparation of an EA pursuant to section 11-200.1-16(a)(2) or that an agency considers to be included within a general type of action pursuant to section 11-200…

(a) A proposing agency shall conduct, or an approving agency shall require an applicant to conduct, early consultation seeking, 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 wh…

(a) After: (1) Preparing, or causing to be prepared, a draft EA; (2) Reviewing any public and agency comments; and (3) Applying the significance criteria in section 11-200.1-13, if the proposing agency or the approving agency anticipates that the proposed action is not likely to …

As used in this chapter: "Acceptance" means a formal determination that the document required to be filed pursuant to chapter 343, HRS, fulfills the requirements of an EIS, as prescribed by section 11-200.1-28. Acceptance does not mean that the action is environmentally sound or …

(a) This section shall apply only if a proposing agency or an approving agency anticipates a FONSI determination for a proposed action and the proposing agency or the applicant has completed the draft EA requirements of sections 11-200.1-18 and 11-200-19, (b) Unless mandated othe…

A final EA shall contain, but not be limited to, the following information: (1) Identification of applicant or proposing agency; (2) For applicant actions, identification of the approving agency; (3) Identification of agencies, citizen groups, and individuals consulted in prepari…

(a) After: (1) Preparing, or causing to be prepared, a final EA; (2) Reviewing any public and agency comments; and (3) Applying the significance criteria in section 11-200.1-13, the proposing agency or the approving agency shall issue a notice of a FONSI or EISPN in accordance wi…

(a) An EISPN, including one resulting from an agency authorizing the preparation of an EIS without first requiring an EA, shall indicate in a concise manner;(1) Identification of the proposing agency or applicant; (2) Identification of the accepting authority; (3) List of all req…

(a) The draft EIS, at a minimum, shall contain the information required in this section. The contents shall fully declare the environmental implications of the proposed action and shall discuss all reasonably foreseeable consequences of the action. In order that the public can be…

(a) 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 draft EIS shall serve to provide the public and other agencies an opportunity to discover the extent …

(a) In accordance with the content requirements of section 11-200.1-27, the proposing agency or applicant shall respond within the final EIS to all substantive written comments received pursuant to section 11-200.1-25. In deciding whether a written comment is substantive, the pro…

(a) The final EIS, at a minimum, shall contain the information required in this section. The contents shall fully declare the environmental implications of the proposed action and shall discuss all reasonably foreseeable consequences of the action. In order that the public can be…

(a) Acceptability of a final EIS shall be evaluated on the basis of whether the final EIS, in its completed form, represents an informational instrument that fulfills the intent and provisions of chapter 343, HRS, and adequately discloses and describes all identifiable environmen…

An applicant, within sixty days after a non-acceptance determination by the accepting authority under section 11-200, 1-28 of a final EIS, may appeal the non-acceptance to the council, which within the statutorily mandated period after receipt of the appeal, shall notify the appl…

The time in which any act prescribed or allowed by this chapter, order of the council, or by applicable statute, is computed by excluding the first day and including the last. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or state holid…

(a) An EIS 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. An EIS that is accepted with respect to a particular action shall satisfy the requirements of this chap…

When a certain action will be subject both to the National Environmental Policy Act of 1969 (NEPA), as amended ( P.L. 91-190, 42 U.S.C. sections 4321 - 4347, as amended by P.L. 94-52, July 3, 1975, P.L. 94-83, Aug. 9, 1975, and P.L. 97-258 section 4(b), Sept. 13, 1982) and chapte…

(a) This chapter shall apply immediately upon taking effect, except as otherwise provided below. (b) Chapter 11-200 shall continue to apply to environmental review of agency and applicant actions which began prior to the adoption of chapter 11-200.1, provided that: (1) For EAs, i…

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…

(a) The periodic bulletin shall be issued electronically on the eighth and twenty-third days of each month. (b) When filed in accordance with section 11-200.1-5, the office shall publish the following in the periodic bulletin to inform the public of actions undergoing chapter 343…

(a) Anything required to be published in the bulletin shall be submitted electronically to the office before the close of business five business days prior to the issue date, which shall be the issue date deadline. (b) All submittals to the office for publication in the bulletin …

(a) An agency or applicant responsible for filing a chapter 343, HRS, notice, document, or determination may file an unchanged, previously published submittal in the bulletin provided that the filing requirements of this subchapter and any other publication requirements set forth…

(a) Whenever an agency proposes an action, the authority to accept an EIS shall rest with: (1) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or state funds or whenever a state agency proposes an action under section …

(a) Chapter 343, HRS, environmental review shall be required for any agency action that includes one or more triggers as identified in section 343-5(a), HRS.(1) Under section 343-5(a), HRS, use of state or county funds shall include any form of funding assistance flowing from the…

(a) Chapter 343, HRS, environmental review shall be required for any applicant action that: (1) Requires one or more approvals prior to implementation; and (2) Includes one or more triggers identified in section 343-5(a), HRS. (A) Under section 343-5(a), HRS, use of state or coun…

This chapter governs procedures before the environmental council of the State of Hawaii under chapter 343, Hawaii Revised Statutes, and other-related acts as may now or hereafter be administered by the council. They shall be construed to effectuate the purposes of chapter 343, Ha…

If any document filed in a proceeding is not in substantial conformity with the applicable rules of the council as to contents thereof, or is otherwise insufficient, the council, on its own motion or on motion of any party, may strike the document or require its amendment. If ame…

All documents filed with or presented to the council shall be retained in the files of the council. The council may permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. Notes Haw. Code R. § 11-201-11 [Eff 12/6/85] …

A. The council shall cause to be served all orders, notices, and other papers issued by it, together with any other papers that it is required by law to serve. All other papers shall be served by the parties filing them. B. All papers served by either the council or any party sha…

All final orders, opinions, or rulings entered by the council in the proceeding and rules adopted by the council shall be served upon the parties participating in the proceeding by regular mail or personal delivery by the council and shall be released for general publication. Cop…

In computing any period of time prescribed or allowed by this chapter, order of the council, or by any applicable statute, the day of the act, event, or default after which the designated period of time is to run, shall not be included. The last day of the period so computed shal…

Whenever a person or agency has a right or is required to take action within a period prescribed or allowed by this chapter, the council, upon motion and the concurrence of a majority of all the members to which the council is entitled, may permit the act to be done after expirat…

A. The council, at any time on its own motion, may initiate proceedings for the adoption, amendment, or repeal of any rule of the council. Procedures to be followed in rulemaking proceedings shall be set forth in this chapter and applicable law. B. Any interested person or agency…

A. When, pursuant to a petition therefor or upon its own motion, the council proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State and at least once in a newspaper which is p…

A. The public hearing for the adoption, amendment, or repeal of rules shall be heard before the council and presided over by the chairperson of the council, or, in the chairperson's absence by another member designated by the council. The hearing shall be conducted in a manner as…

The council shall consider all relevant comments and materials of record before taking final action in a rulemaking proceeding. Final action should be taken within twenty working days after: 1. The final public hearing; or 2. The expiration of any extension period for submission …

As used in this chapter, unless the context otherwise specifically requires: * "Appellant" means an applicant who appeals the non-acceptance by an agency of that person's environmental impact statement. * "Council" means the environmental council of the State of Hawaii. Its membe…

The council may adopt emergency rules pursuant to section 91-3, Hawaii Revised Statutes. Notes Haw. Code R. § 11-201-20 [Eff 12/6/85] (Auth: HRS §§ 91-2, 343-6) (Imp: HRS §§ 91-2, 91-3, 343-6)

A. On petition of an interested person or agency, the council may issue a declaratory order as to the applicability of any statutory provision or any rule or order of the council and may also make determinations under chapter 343, Hawaii Revised Statutes. The petition shall confo…

The council, for good cause, may refuse to issue a declaratory order with specific reasons for the determination. Without limiting the generality of the foregoing, the council may so refuse where: 1. The question is speculative or purely hypothetical and does not involve existing…

Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing shall be granted to the petitioner or to a party in interest, the council may order the proceeding set down for hearing. Any petitioner or party in interest who desires a hearing …