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Hawaii Hawaii EIS Process (9-HI-c)

If the accepting agency does not issue a FONSI and instead determines the action may have a significant effect on the environment, the developer enters the Hawaii Environmental Impact Statement (EIS) process. The EIS process at a minimum involves: 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.


Hawaii EIS Process Process

9-HI-c.1 – Environmental Impact Statement Preparation Notice (if applicable)

The developer prepares an Environmental Impact Statement Preparation Notice.

9-HI-c.2 – Review EIS Preparation Notice

The accepting agency reviews the Environmental Impact Statement Preparation Notice.

9-HI-c.3 – Does the Agency Accept the EIS Preparation Notice

The accepting agency determines whether to accept the Environmental Impact Statement Preparation Notice. [Any Criteria?]

9-HI-c.4 – Environmental Impact Statement Preparation Notice with OEQC Publication Form and Final EA (if applicable)

The developer submits the EIS Preparation Notice to the OEQC with the Hawaii EIS-EA Permit Packet. If the developer completed a Final Environmental Assessment before entering the Environmental Impact Statement process, the developer also submits the Final EA.

9-HI-c.5 – Publish Notice of EIS Preparation Notice and Final EA (if applicable) and Allow for Comment

The OEQC publishes notice of the EIS Preparation Notice and the Final EA (if the developer completed one before entering the Environmental Impact Statement process) in The Environmental Notice and allows for the public to comment on the EIS Preparation Notice and Final EA.

9-HI-c.6 – Comment on EIS Preparation Notice and Final EA (if applicable)

Members of the public comment on the EIS Preparation Notice and Final EA (if the developer completed one before entering the Environmental Impact Statement process).

9-HI-c.7 to 9-HI-c.8 – Does anyone Challenge the Agency’s Determination for a EISPN within 60 days of Publication

The publication of an EIS Preparation Notice initiates a 60 day period during which an aggrieved party may challenge the determination in court.

9-HI-c.9 – Review Comments

The developer and agency review comments from the public review and comment period.

9-HI-c.10 – Perform Required Studies and Answer Comments

The developer performs all EIS required studies and answers any comments received during the public review and comment period for the EIS Preparation Notice on a point by point basis.

9-HI-c.11 – Consult with All Appropriate Agencies, Citizen Groups, and Concerned Individuals

In the preparation of a Draft EIS, the developer must consult all appropriate agencies, other citizen groups, and concerned individuals as noted in sections 11-200-9, 9.1, and 15.

9-HI-c.12 – Draft Final Environmental Impact Statement

The developer prepares a Draft Environmental Impact Statement, which includes:

  • A brief description of the action;
  • significant beneficial and adverse impacts;
  • proposed mitigation measures;
  • alternatives considered;
  • unresolved issues;
  • compatibility with land use plans and policies; and
  • a list of required permits or approvals as listed in H.A.R. 11-200-17.

9-HI-c.13 – Public Notice of Draft EIS and Allow for Comment

The OEQC publishes notice of the Draft EIS in The Environmental Notice and allows for public comment on the Draft EIS.

9-HI-c.14 – Comment on Draft EIS

Members of the public comment on the Draft EIS.

9-HI-c.15 – Review Comments

The agency and developer review public comments on the Draft EIS and answer comments on a point by point basis.

9-HI-c.16 – Submit Final EIS and OEQC Publication Form to OEQC

The developer submits the Final EIS and OEQC Publication for to OEQC.

9-HI-c.17 – Publish Availability of Final EIS

The OEQC publishes availability of the Final EIS on The Environmental Notice.

9-HI-c.18 to c.19– Does the Approving Agency Determine the Acceptability of the Final EIS within 30 Days

If the approving agency does not determine the acceptability of the Final EIS within 30 days under H.A.R. 11-200-23, the agency accepts the Final EIS by default under H.R.S. 343-5(c).

9-HI-c.20 – Public Notice of Acceptance of Final EIS

If the approving agency accepts the Final EIS, the OEQC publishes notice of acceptance of the Final EIS.

9-HI-c.21 – Does the Approving Agency Accept the Final EIS

The approving agency determines whether to accept the Final EIS using the criteria in H.A.R. 11-200-23.

9-HI-c.22 – Publish Notice of Non-acceptance of Final EIS

If the accepting authority does not accept the Final EIS, the OEQC publishes notice of non-acceptance of the Final EIS.

9-HI-c.23 to 9-HI-c.26 – Does a Party Appeal the Accepting Authority’s Decision to Accept or Not Accept the Final EIS

The appeal period to challenge the accepting authority's acceptance or non-acceptance of a Final EIS is 60 days. During the 60 day appeal period any party may appeal the accepting authority’s decision to the appeals council. The Appeal’s Council reviews the agency determination and provides the agency and with a decision on the Final EIS appeal within 30 days of receiving the appeal.




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Edit Hawaii Department of Health Office of Environmental Quality Control
State Environmental Overview, EA, and EIS Contact
808.586.4185
genabbazabbahilliard@dohabbazabbahawaiiabbazabbagov
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Edit Hawaii Department of Health Office of Environmental Quality Control
State Environmental Overview, EA, and EIS Contact #2
808.586.4185
ehs001oeqc@dohabbazabbahawaiiabbazabbagov
Visit Website