Haw. Code R. § 11-200.1-22 - Notice of determination for final environmental assessments

(a) After:

(1) Preparing, or causing to be prepared, a final EA;

(2) Reviewing any public and agency comments; and

(3) Applying the significance criteria in section 11-200.1-13, the proposing agency or the approving agency shall issue a notice of a FONSI or EISPN in accordance with subchapter 9, and file the notice with the office in accordance with subchapter 4. For applicant actions, the approving agency shall issue a determination within thirty days of receiving the final EA.

(b) If the proposing agency or approving agency determines that a proposed action is not likely to have a significant effect, it shall issue a notice of a FONSI.

(c) If the proposing agency or approving agency determines that a proposed action may have a significant effect, it shall issue an EISPN.

(d) The proposing agency or approving agency shall file in accordance with subchapter 4 the notice and the supporting final EA with the office as early as possible after the determination is made, addressing the requirements in subsection (e). For applicant actions, the approving agency shall send the notice of determination for an EISPN or FONSI to the applicant.

(e) The notice of a FONSI shall indicate in a concise manner:

(1) Identification of the proposing agency or applicant;

(2) For applicant actions, identification of the approving agency;

(3) A brief description of the proposed action;

(4) The determination;

(5) Reasons supporting the determination; and

(6) The name, title, email address, physical address, and phone number of an individual representative of the proposing agency or approving agency who may be contacted for further information.

(f) The notice of determination for an EISPN shall be prepared pursuant to section 11-200.1-23.

Notes

Haw. Code R. § 11-200.1-22

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