OFFICE OF ENVIRONMENTAL QUALITY CONTROL

Frequently Asked Questions

What is the deadline for submitting an EA or EIS in The Environmental Notice?

A calendar of submittal deadlines is created in November for the following year.

Where are you located and who is the Director?

The Office of Environmental Quality Control (OEQC) is located at 235 South Beretania, Suite 702, Honolulu, Hawaii 96813. We are located in downtown Honolulu, on Beretania Street opposite Saint Andrew's Cathedral, between Alakea and Richards Streets. The Director is Katherine Puana Kealoha, Esq.

What does OEQC do?

OEQC implements the Environmental Impact Statement law, Chapter 343, HRS. Office planners review and comment on hundreds of environmental disclosure documents each year. Twice a month, OEQC publishes The Environmental Notice. The Environmental Notice announces the availability of environmental assessments and impact statements under public review. It is published on the 8th and 23rd of each month on OEQC's website. The public is invited to review and comment on projects listed in this publication. Federal Consistency Reviews, Special Management Area Permits, Shoreline Certifications, Federal environmental assessments, habitat conservation plans, safe harbor agreements, incidental take licenses per the federal Endangered Species Act, and other notices are also published for public review. OEQC staff also provides support to the Environmental Council regarding the management and any amendments to the administrative rules and exemption lists, and the Council's annual report.

The Director is also tasked with providing advice and assistance to private industry, government agencies, and community groups regarding Ch. 343, HRS; conducting research; legislative initiatives; recommending programs for the long-range implementation of environmental quality control; and public outreach. The Director is an ex-officio voting member of the Advisory Commission on Plants and Animals with the Department of Agriculture; the Hawaii State Emergency Response Commission with the Department of Health; and the Environmental Council, also with the Department of Health.

When is an EA/EIS required?

For any proposed project or activity, if one or more of nine specific conditions (called "triggers") is present, then an environmental review document (EA or EIS) must be prepared and circulated to the public for review. To find out if a project needs to undergo an environmental review, read Chapter 343-5, HRS.

When are projects exempt?

Even though certain minor or routine activities "trigger" the environmental review law, they can be declared exempt from environmental review by the state or county agency that has oversight. There are 11 classes of exempt action under the EIS rules. In addition each state and county agency is required to prepare its own exemption list. A copy of agency exemption lists are available online.

How are documents available for review?

Documents are posted on our online library. Or go to the nearest library for a hardcopy.

What happens after a FONSI is issued; how can I stop a project?

A final EA has no review period. The date a FONSI is published begins a 30-day legal challenge period. A suit can be filed in Circuit Court to reverse the determination and require an EIS. This will not stop a project but only reverse the determination. A project typically requires other permits, usually with public hearings, and it may be possible to stop a project during these permit processes.

Who is responsible for preparing an environmental assessment?

The proposing agency for state and county projects. When the applicant is a private entity, the approving agency can require the applicant to draft the environmental assessment. However, it is the approving agency and not the applicant that takes responsibility for its contents.

Is there a distinction between the "procedural" and "content" requirements of the EIS law (Chapter 343, HRS)?

No. The EIS law and its implementing administrative rules make no distinction between "procedural" or "content" requirements for environmental review documents. There is only one standard of environmental disclosure and this is set forth in Ch. 343, HRS.