RAPID/Roadmap/9-HI-a
Hawaii State Environmental Review Overview (9-HI-a)
State Environmental Review Overview Process
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9-HI-a.1 – Is an Environmental Assessment Required by HRS 343-5(a)
Hawaii Revised Statutes Chapter 343-5 lists the actions requiring an Environmental Assessment under the Hawaii Environmental Policy Act. An Environmental Assessment is required for any project proposing to use state or county lands or funds, or lands within conservation districts, shoreline areas, historic sites, in the Waikiki Special District or proposes a wastewater system, waste-to-energy facility, landfill, oil refinery, or power generating facility according to Hawaii Revised Statutes Chapter 343-5, unless otherwise exempt.
9-HI-a.2 to 9-HI-a.4 – Does A Party Challenge the Finding?
The decision to carry out an action without an Environmental Assessment is subject to judicial appeal within one hundred and twenty days after the developer starts the proposed action under Hawaii Revised Statutes Chapter 343-7. If a party does not challenge the activity within 120 days, the developer may proceed with the activity.
9-HI-a.5 – Is the Activity Exempt under HAR 11-200-8(a) or (f)?
A developer does not have to complete the Environmental Assessment process if the activity is exempt under Hawaii Administrative Rules 11-200.1-8(a) or (f). Hawaii Administrative Rule 11-200.1-8(a) lists categories of actions exempt from the Environmental Assessment process. However, a developer must contact the approving agency for a list of specific actions exempt from the process (the Hawaii Department of Land and Natural Resources exempts non-invasive geothermal exploration). The Approving Agency issues the exemption declaration upon concurring to a developer's request for exemption. Under Hawaii Administrative Rule 11-200.1-8(c), if the governor declares a state of emergency, the governor may exempt any action from the Environmental Assessment process.
9-HI-a.6 – File Declaration of Exemption
If the project is exempt from the Environmental Assessment process under Haw. Code R. § 11-200.1-8(a) or (c), the developer must obtain an exemption declaration from the Approving Agency prior to conducting activities.
9-HI-a.7 – Consult Community, Experts, and Relevant Agencies
The developer consults the community and experts on environmental concerns surrounding the project.
9-HI-a.8 to 9-HI-a.9 - Is a State Agency Proposing the Activity?
If a state agency is proposing the activity under Hawaii Administrative Rule 11-200.1-9(a), the agency must determine the application of Chapter 343, Hawaii Revised Statutes and Chapter 11-200, Hawaii Administrative Rules.
9-HI-a.10 to 9-HI-a.12 – Does the Agency Determine the Activity’s Impact is Significant?
The approving agency uses the Significance Criteria listed in Hawaii Administrative Rule 11-200.1-12 to determine whether the activity will have a significant impact on the environment.
If the approving agency determines the activity will not have a significant impact on the environment or is unsure whether the activity will have a significant impact on the environment, the developer prepares a Draft Environmental Assessment.
If the approving agency determines the activity will have a significant impact on the environment, under Hawaii Revised Statutes 343-5(b) the developer may skip the Environmental Assessment process and start with the Environmental Impact Statement Preparation Notice.
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