Glossary of Environmental Review Terms
This page is a list of definitions set by statute or administrative rule, and terms commonly used in Hawaii’s environmental review process.
Hawaii Revised Statutes (HRS) Section 343-2 Definitions provides definitions to terms used in the statutes. Hawaii Administrative Rules (HAR) Section 11-200-2 provides definitions to terms used in the administrative rules. In some cases, HAR provides different wording to terms defined in both the HRS and the HAR. In such cases, the glossary provides both definitions. In cases where the HRS and the HAR use the exact same wording, the glossary provides the single definition and notes that the statutes and rules define the term identically.
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Legal Definitions
- HRS Section 343-2
- “Acceptance” means a formal determination that the document required to be filed pursuant to section 343-5 fulfills the definition of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement.
- HAR Section 11-200-2
- “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. (HAR Section 11-200-2)
“Action” means any program or project to be initiated by any agency or applicant. (HRS Section 343-2 & HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
“Agency” means any department, office, board, or commission of the state or county government which is a part of the executive branch of that government. (HRS Section 343-2 & HAR Section 11-200-2)
“Applicant” means any person who, pursuant to statute, ordinance, or rule, officially requests approval for a proposed action. (HRS Section 343-2 & HAR Section 11-200-2)
“Approval”:
- HRS Section 343-2
- “Approval” means a discretionary consent required from an agency prior to actual implementation of an action.
- HAR Section 11-200-2
- “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. (HAR Section 11-200-2)
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- HRS Section 343-2
- “Council” means the environmental council.
- HAR Section 11-200-2
- “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. (HAR Section 11-200-2)
D
“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. (HRS Section 343-2)
“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. (HAR Section 11-200-2)
E
“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. (HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
“Environmental assessment” means a written evaluation to determine whether an action may have a significant effect. (HRS Section 343-2 & HAR Section 11-200-2)
“Environmental impact” means an effect of any kind, whether immediate or delayed, on any component of the environment. (HAR Section 11-200-2)
“Environmental impact statement”:
- HRS Section 343-2
- “Environmental impact statement” or “statement” means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects.The initial statement filed for public review shall be referred to as the draft statement and shall be distinguished from the final statement which is the document that has incorporated the public’s comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the respective accepting authority.
- HAR Section 11-200-2
- “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. (HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
F
“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. (HAR Section 11-200-2)
“Finding of no significant impact” means a determination based on an environmental assessment that the subject action will not have a significant effect and, therefore, will not require the preparation of an environmental impact statement. (HRS Section 343-2)
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H
“Helicopter facility” means any area of land or water which is used, or intended for use for the landing or takeoff of helicopters; and any appurtenant areas which are used, or intended for use for helicopter related activities or rights-of-way. (HRS Section 343-2)
I
“Issue date” means the date imprinted on the periodic bulletin required by section 343-3, HRS. (HAR Section 11-200-2)
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N
“National Environmental Policy Act” means the National Environmental Policy Act of 1969, Public Law 91-190, 42 U.S.C. §4321-4347, as amended. (HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
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“Office” means the office of environmental quality control. (HRS Section 343-2 & HAR Section 11-200-2)
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“Periodic bulletin” means the document required by section 343-3, HRS, and published by the office. (HAR Section 11-200-2)
“Person” includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. (HRS Section 343-2 & HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
“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. (HAR Section 11-200-2)
“Power-generating facility” means:
(1) A new, fossil-fueled, electricity-generating facility, where the electrical output rating of the new equipment exceeds 5.0 megawatts; or
(2) An expansion in generating capacity of an existing, fossil-fueled, electricity-generating facility, where the incremental electrical output rating of the new equipment exceeds 5.0 megawatts. (HRS Section 343-2)
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“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. (HAR Section 11-200-2)
“Significant effect”:
- HRS Section 343-2
- “Significant effect” 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 as established by law, or adversely affect the economic welfare, social welfare, or cultural practices of the community and State.
- HAR Section 11-200-2
- “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. (HAR Section 11-200-2)
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W
“Wastewater treatment unit” means any plant or facility used in the treatment of wastewater. (HRS Section 343-2)
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Other Terms and Concepts in Hawaii’s Environmental Review Process
Draft Environmental Assessment
When an Agency or Applicant proposes an action that triggers HRS 343, an Environmental Assessment shall be prepared at the earliest practicable time to determine whether the actions’ environmental impact will be significant, and thus whether an environmental impact statement shall be required per HRS 343-5(b), for Agency actions and HRS 343-5(e), for Applicant actions. For actions for which the proposing or approving agency anticipates a Finding of No Significant Impact (AFNSI), a Draft EA (DEA) shall be made available for public review and comment for 30 days and public notice is published in this periodic bulletin.
Final Environmental Assessment and Finding of No Significant Impact
The Agency shall respond in writing to comments on a DEA received during the 30-day review period and prepare a Final EA (FEA) that includes those responses to determine whether an environmental impact statement shall be required. If there are no significant impacts, then the Agency will issue a Finding of No Significant Impact (FONSI). An Environmental Impact Statement (EIS) will not be required and the project has cleared HRS 343 requirements. The public has 30 days from the notice of a FONSI in this bulletin to ask a court to require the preparation of an EIS.
Final Environmental Assessment and Environmental Impact Statement Preparation Notice
An EIS shall be required if the Agency finds that the proposed action may have a significant effect on the environment. The Agency shall file notice of such determination with OEQC, called an EIS Preparation Notice (EISPN) along with the supporting Final EA. After the notice of the FEA-EISPN is published in this bulletin, the public has 30 days to request to become a consulted party and make written comments. The public (including the Applicant) has 60 days from the notice of the EISPN in this bulletin to ask a court to not require the preparation of an EIS.
Act 172-2012, Direct-to-EIS, Environmental Impact Statement Preparation Notice (with no EA)
Act 172 in 2012 amended HRS 343 by providing for an agency to bypass the preparation of an environmental assessment for various actions that in the experience of the agency would clearly require the preparation of an EIS. Until administrative rules have been drafted, the agency must submit its determination that an EIS is required for an action (Act 172-2012, EISPN) with a completed OEQC publication form detailing the specifics of the action to enable the public a 30-day period to request to be consulted parties in the preparation of the Draft EIS. Comments and responses on the EISPN must be incorporated into the subsequent Draft EIS.
Act 312-2012, Secondary Actions in the Highway or Public Right Of Way
Act 312-2012, amended HRS 343, by adding a new section (HRS 343-5.5., entitled “Exception to applicability of chapter.”) HEPA now allows for a statutory exception for “secondary actions” (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related “primary action” (those outside of the highway or public-right-of-way and on private property) is not subject to discretionary consent and further provided that the applicant for the primary action submits documentation from the appropriate agency confirming that no further discretional approvals are required. An aid to understanding this is to visualize residential driveway improvements in the public right-of-way, versus, retail outlet driveway improvements in the public right-of-way.
Draft Environmental Impact Statement
After receiving the comments on the EISPN, the Agency or Applicant must prepare a Draft Environmental Impact Statement (DEIS). The content requirements of the DEIS shall contain an explanation of the environmental consequences of the proposed action including the direct, indirect and cumulative impacts and their mitigation measures. The public has 45 days from the first publication date in this bulletin to comment on a DEIS. The DEIS must respond to comments received during the EISPN comment period in a point-by-point manner.
Final Environmental Impact Statement
After considering all public comments filed during the DEIS stage, the Agency or Applicant must prepare a Final EIS (FEIS). The FEIS must respond in a point-by-point manner to all comments from the draft and must be included in the FEIS. See here for style concerns. For Applicant projects, the Approving Agency is authorized to accept the FEIS and must do so within 30-days or the FEIS is accepted as a matter of law. For an Agency project,
the Governor or the Mayor (or their designated representative) is the Accepting Authority, and unlike applicant actions, there is no time limit on the accepting authority reviewing the FEIS. Only after the FEIS is accepted may
the project be implemented.
Acceptability
If the FEIS is accepted, notice of this action is published in this bulletin. The public has 60 days from the date of notice of acceptance to ask a court to vacate the acceptance of a FEIS. For Applicant actions, non-acceptance by the Approving Agency is cause for the Applicant to administratively appeal to the Environmental Council. For Agency actions, there is no such administrative appeal. In both instances, the Applicant or the proposing Agency can prepare a revised DEIS after a non-acceptance determination.
National Environmental Policy Act
The National Environmental Policy Act (NEPA) requires federal projects to prepare an EA or EIS. In many ways it is similar to Hawaiʻi’s law. Some projects require both a State and Federal EIS and the public comment procedure
should be coordinated. OEQC publishes NEPA notices in this bulletin to help keep the public informed of important federal actions.
Conservation District
Any use of land in the State Conservation District requires a Conservation District Use Application (CDUA). These applications are reviewed and approved by the Board of Land and Natural Resources. Members of the public may
intervene in the permit process. Notices of permit applications are published in this bulletin.
Special Management Area and Shoreline Setback Area
The Special Management Area (SMA) is along the coastline of all islands and development in this area is generally regulated by HRS 205A, and county ordinance. A special subset of the SMA that is regulated by HRS 343, is the Shoreline Setback Area. Most development in this area requires a Special Management Permit. This bulletin posts notice of these SMA applications to encourage
public input.
Shoreline Certifications
State law requires that Hawaiʻi shorelines be surveyed and certified when necessary to clearly establish the shoreline setback from the certified shoreline. The public may participate in the process to help assure accurate regulatory boundaries. Private land owners often petition to have their shoreline certified by the State surveyor prior to construction. This bulletin publishes notice from the Department of Land and Natural Resources of shoreline certification applicants and final certifications or rejections.
Environmental Council
The Environmental Council is a 15-member citizen board appointed by the Governor. They serve as a liaison between the Director of OEQC and the general public concerning ecology and environmental quality. The Council makes the rules that govern the Environmental Impact Statement process (HRS 343). Agendas of their regular meetings are posted on the Internet and the public is invited to attend.
Administrative Exemption Lists
Government agencies must keep a list describing the minor activities they regularly perform that are exempt from the environmental review process. These lists and any amendments shall be submitted to the Council for
review and concurrence (HAR 11-200-8(d)). This bulletin will publish an agency’s draft exemption list for public comment prior to Council decision making, as well as notice of the Council’s decision on the list.
Endangered Species
This bulletin is required by HRS 343-3(c), to publish notice of public comment periods or public hearings for Habitat Conservation Plans (HCP), Safe Harbor Agreements (SHA), or Incidental Take Licenses (ITL) under the federal Endangered Species Act, as well as availability for public inspection of a proposed HCP or SHA, or a proposed ITL (as a part of an HCP or SHA).