Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 200.1 - ENVIRONMENTAL IMPACT STATEMENT RULES › Subchapter 11 - NATIONAL ENVIRONMENTAL POLICY ACT › Section 11-200.1-31 - National environmental policy act actions: applicability to chapter 343, HRS

Current through June, 2024
When a certain action will be subject both to the National
					 Environmental Policy Act of 1969 (NEPA), as amended ( P.L. 91-190, 42 U.S.C.
					 sections 4321-4347, as amended by P.L. 94-52, July 3, 1975, P.L. 94-83, Aug. 9,
					 1975, and P.L. 97-258 section 4(b), Sept. 13, 1982) and chapter 343, HRS, the
					 following shall occur:
(1) The
				  applicant or agency, upon discovery of its proposed action being subject to
				  both chapter 343, HRS, and the NEPA, shall notify the responsible federal
				  entity, the office, and any agency with a definite interest in the action (as
				  prescribed by chapter 343, HRS).
(2) When a federal entity determines that the
				  proposed action is exempt from review under the NEPA, this determination does
				  not automatically constitute an exemption for the purposes of this chapter. In
				  these cases, state and county agencies remain responsible for compliance with
				  this chapter. However, the federal exemption may be considered in the state or
				  county agency determination.
(3)
				  When a federal entity issues a FONSI and concludes that an EIS is not required
				  under the NEPA, this determination does not automatically constitute compliance
				  with this chapter. In these cases, state and county agencies remain responsible
				  for compliance with this chapter. However, the federal FONSI may be considered
				  in the state or county agency determination.
(4) The NEPA requires that EISs be prepared
				  by the responsible federal entity. In the case of actions for which an EIS
				  pursuant to the NEPA has been prepared by the responsible federal entity, the
				  draft and final federal EIS may be submitted to comply with this chapter, so
				  long as the federal EIS satisfies the EIS content requirements of this chapter,
				  including cultural impacts, and is not found to be inadequate under the NEPA:
				  by a court; by the Council on Environmental Quality (or is at issue in
				  pre-decision referral to Council on Environmental Quality) under the NEPA
				  regulations; or by the administrator of the United States Environmental
				  Protection Agency under section 309 of the Clean Air Act, title 41 United
				  States Code section 7609.
(5) When
				  the responsibility of preparing an EIS is delegated to a state or county
				  agency, this chapter shall apply in addition to federal requirements under the
				  NEPA. The office and state or county agencies shall cooperate with federal
				  entities to the fullest extent possible to reduce duplication between federal
				  and state requirements. This cooperation, to the fullest extent possible, shall
				  include joint EISs with concurrent public review and processing at both levels
				  of government. Where federal law has EIS requirements in addition to but not in
				  conflict with this chapter, the office and agencies shall cooperate in
				  fulfilling the requirements so that one document shall comply with all
				  applicable laws.
(6) Where the
				  NEPA process requires earlier or more stringent public review, filing, and
				  distribution than under this chapter, that NEPA process shall satisfy this
				  chapter so that duplicative consultation or review does not occur. The
				  responsible federal entity's supplemental EIS requirements shall apply in these
				  cases in place of this chapter's supplemental EIS requirements.
(7) In all actions where the use of state
				  land or funds is proposed, the final EIS shall be submitted to the governor or
				  the authorized representative. In all actions when the use of county land or
				  funds is proposed and no use of state land or funds is proposed, the final EIS
				  shall be submitted to the mayor, or the authorized representative. The final
				  EIS in these instances shall first be accepted by the governor or mayor (or the
				  authorized representative), prior to the submission of the same to the
				  responsible federal entity.
(8) Any
				  acceptance obtained pursuant to this section shall satisfy chapter 343, HRS,
				  and no other EIS for the proposed action shall be
				  required.