Haw. Code R. § 11-200.1-14 - Determination of level of environmental review

(a) Fcr an agency action, through its judgment and experience, a proposing agency shall assess the significance of the potential impacts of the action to determine the level of environmental review necessary for the action.

(b) For an applicant action, within thirty days from the receipt of the applicant's complete request for approval to the approving agency, through its judgment and experience, an approving agency shall assess the significance of the potential impacts of the action to determine the level of environmental review necessary for the action.

(c) If the proposing agency or approving agency determines, through its judgment and experience, that the action will individually and cumulatively probably have minimal or no significant effects, and the action is one that is eligible for exemption under subchapter 8, then the proposing agency or the approving agency in the case of an applicant may prepare an exemption notice in accordance with subchapter 8.

(d) If the proposing agency or approving agency determines, through its judgment and experience that the action is not eligible for an exemption, then the proposing agency shall prepare, or the approving agency shall require the applicant to prepare, an EA beginning with a draft EA in accordance with subchapter 9, unless:

(1) In the course of preparing the draft EA, the proposing agency or approving agency determines, through its judgment and experience that the action may have a significant effect and therefore require preparation of an EIS, then the proposing agency may prepare, or the approving agency may authorize the applicant to prepare, an EA as a final EA to support the determination prior to preparing or requiring preparation of an EIS in accordance with subchapter 10; or

(2) The proposing agency or approving agency determines, through its judgment and experience that an EIS is likely to be required, then the proposing agency may choose to prepare, or an approving agency may authorize an applicant to prepare, an EIS in accordance with subchapter 10, beginning with preparation of an EISPN.

Notes

Haw. Code R. § 11-200.1-14

[Eff AUG 9 2019] (Auth: HRS §§ 343-5, 343-6) (Imp: HRS §§ 343-5, 343-6)