OFFICE OF ENVIRONMENTAL QUALITY CONTROL
Glossary of Terms
Agency Actions
Any department, office, board, or commission of the state or county government which is part
of the executive branch of that government per HRS §343-2.
Applicant Actions
Any person who, pursuant to statute, ordinance, or rule, requests approval for a proposed action
per HRS §343-2.
Draft Environmental Assessment (DEA)
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 an environmental impact statement shall
be required per HRS §343-5(b), for Agency actions and HRS §343-5(c), for Applicant actions. For environmental
assessments for which a Finding of No Significant Impact is anticipated, a Draft EA (DEA) shall be made available
for public review and comment for 30 days and public notice is published in the periodic bulletin per (HRS §343-3),
also known as The Environmental Notice.
Final Environmental Assessment and Finding of No Significant Impact (FONSI)
The Agency shall respond in writing to comments received during the review and prepare a Final EA
(FEA) to determine whether an environmental impact statement shall be required. The FEA must respond to all public
comments. If there are no significant impacts, then the Agency will issue a Finding of No Significant Impact (FONSI).
An Environmental Impact Statement will not be required and the project may then be implemented. The public has
30 days from the notice of a FONSI in The Environmental Notice 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). After the notice of the EISPN is published in The Environmental Notice, 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 The Environmental Notice to ask a court to not require the preparation of an EIS.
Draft Environmental Impact Statement (DEIS)
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
mitigative measures. The public has 45 days from the publication date in The Environmental Notice 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 (FEIS)
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. For Applicant projects, the Approving Agency is authorized to accept the FEIS.
For an Agency project, the Governor or the Mayor (or their designated representative) is the Accepting Authority.
Only after the FEIS is accepted may the project be implemented.
Acceptability
If the FEIS is accepted, notice of this action is published in The Environmental Notice. 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, the Approving Agency must make a determination on acceptance within 30 days of receipt of the FEIS or the
FEIS is deemed accepted. For Applicant actions, the law provides for an administrative appeal of a non-acceptance
to the Environmental Council.
National Environmental Policy Act (NEPA)
The National Environmental Policy Act (NEPA) requires federal projects to prepare an EA or EIS.
In many ways it is similar to Hawaii’s law. Some projects require both a State and Federal EIS and the public
comment procedure should be coordinated. OEQC publishes NEPA notices in The Environmental Notice 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. Notice of permit applications are published in The Environmental Notice.
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.
The Environmental Notice posts notice of these SMA applications to encourage public input.
Shoreline Certifications
State law requires that Hawaii 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. The Environmental Notice 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 fifteen member citizen board
appointed by the Governor to advise the State on environmental concerns.
The council makes the rules that govern the Environmental Impact Statement
process. The agendas of
their regular meetings are published on the Internet and the public is invited
to attend.
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)). The Environmental Notice 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
The Environmental Notice is required by Section 343-3(c), HRS,
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).
