HAR §11-200-2. Definitions and terminology

As used in this chapter: “Acceptance” means a formal determination of acceptability that the document required to be filed pursuant to chapter 343, HRS, fulfills the definitions and requirements of an environmental impact statement, adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. Acceptance does not mean that the action is environmentally sound or unsound, but only that the document complies with chapter 343, HRS, and this chapter. A determination of acceptance is required prior to implementing or approving the action. “Accepting authority” means the final official or agency that determines the acceptability of the EIS document. “Action” means any program or project to be initiated by an agency or applicant. “Addendum” means an attachment to a draft environmental assessment or draft environmental impact statement, prepared at the discretion of the proposing agency or approving agency, and distinct from a supplemental statement, for the purpose of disclosing and addressing clerical errors such as inadvertent omissions, corrections, or clarifications to information already contained in the draft environmental assessment or the draft environmental impact statement already filed with the office. “Agency” means any department, office, board, or commission of the state or county government which is part of the executive branch of that government. “Applicant” means any person who, pursuant to statute, ordinance, or rule, officially requests approval from an agency for a proposed action. “Approval” means a discretionary consent required from an agency prior to actual implementation of an action. Discretionary consent means a consent, sanction, or recommendation from an agency for which judgment and free will may be exercised by the issuing agency, as distinguished from a ministerial consent. Ministerial consent means a consent, sanction, or recommendation from an agency upon a given set of facts, as prescribed by law or rule without the use of judgment or discretion. “Approving agency” means an agency that issues an approval prior to actual implementation of an action. “Council” or “EC” means the environmental council. Cumulative impact” means the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. “Draft environmental assessment” means the environmental assessment submitted by a proposing agency or an approving agency for public review and comment when that agency anticipates a negative declaration determination. - 3 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial “Effects” or “impacts” as used in this chapter are synonymous. Effects may include ecological effects (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic effects, historic effects, cultural effects, economic effects, social effects, or health effects, whether primary, secondary, or cumulative. Effects may also include those effects resulting from actions which may have both beneficial and detrimental effects, even if on balance the agency believes that the effect will be beneficial. “Emergency action” means an action to prevent or mitigate loss or damage to life, health, property, or essential public services in response to a sudden unexpected occurrence demanding such immediate action. “Environment” means humanity’s surroundings, inclusive of all the physical, economic, cultural, and social conditions that exist within the area affected by a proposed action, including land, human and animal communities, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. “Environmental assessment” means a written evaluation to determine whether an action may have a significant environmental effect. “Environmental impact” means an effect of any kind, whether immediate or delayed, on any component of the environment. “Environmental impact statement,” “statement,” or “EIS” means an informational document prepared in compliance with chapter 343, HRS, and this chapter and which fully complies with subchapter 7 of this chapter. The initial statement filed for public review shall be referred to as the draft environmental impact statement and shall be distinguished from the final environmental impact statement which is the document that has incorporated the public’s comments and the responses to those comments. The final environmental impact statement is the document that shall be evaluated for acceptability by the respective accepting authority. “Exempt classes of action” means exceptions from the requirements of chapter 343, HRS, to prepare environmental assessments, for a class of actions, based on a determination by the proposing agency or approving agency that the class of actions will probably have a minimal or no significant effect on the environment. “Exemption notice” means a brief notice kept on file by the proposing agency, in the case of a public action, or the agency with the power of approval, in the case of a private action, when it has determined that the proposed project is an exempt or emergency project. Final environmental assessment” means either the environmental assessment submitted by a proposing agency or an approving agency following the public review and comment period for the draft environmental assessment and in support of either a negative declaration or a preparation notice determination; or the environmental assessment submitted by a proposing agency or an approving agency subject to a public consultation period when such an agency clearly determines at the outset that the proposed action may have a significant effect and hence will require the preparation of a statement. “Issue date” means the date imprinted on the periodic bulletin required by section 343-3, HRS. - 4 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial “National Environmental Policy Act” means the National Environmental Policy Act of 1969, Public Law 91-190, 42 U.S.C. §4321-4347, as amended. “Negative declaration” or “finding of no significant impact” means a determination by an agency based on an environmental assessment that a given action not otherwise exempt does not have a significant effect on the environment and therefore does not require the preparation of an EIS. A negative declaration is required prior to implementing or approving the action. “Office” means the office of environmental quality control. “Periodic bulletin” means the document required by section 343-3, HRS, and published by the office. “Person” includes any individual, partnership, firm, association, trust, estate, private corporation, or other legal entity other than an agency. “Preparation notice” or “EIS preparation notice” means a determination based on an environmental assessment that the subject action may have a significant effect on the environment and, therefore, will require the preparation of an environmental impact statement. “Primary impact” or “primary effect” or “direct impact” or “direct effect” means effects which are caused by the action and occur at the same time and place. “Secondary impact” or “secondary effect” or “indirect impact” or “indirect effect” means effects which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. “Significant effect” or “significant impact” means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the state’s environmental policies or long-term environmental goals and guidelines as established by law, or adversely affect the economic or social welfare, or are otherwise set forth in section 11-200-12 of this chapter. “Supplemental statement” means an additional environmental impact statement prepared for an action for which a statement was previously accepted, but which has since changed substantively in size, scope, intensity, use, location, or timing, among other things. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-2, 343-6) SUBCHAPTER 3 PERIODIC BULLETIN