A Guide to the Hawaii Environmental Policy Act (HEPA) Requirements, Process, and Compliance
The Hawaii Environmental Policy Act (HEPA) plays a pivotal role in shaping the environmental landscape of the Aloha State, and this comprehensive guide serves as an essential resource for navigating its complex requirements. Through a meticulously organized and easy-to-follow structure, readers will gain a deep understanding of the Act's applicability, key provisions, and compliance obligations. The guide delves into the nuances of the environmental review process, providing valuable insights on how to effectively manage and streamline the preparation of environmental assessments and impact statements. By highlighting recent developments, regulatory outlooks, and additional resources, this guide equips readers with the knowledge and tools necessary to successfully maneuver through HEPA's legal framework while promoting sustainable and culturally sensitive development practices in Hawaii.
GENERAL INFORMATION
Key Details of the Hawaii Environmental Policy Act (HEPA)
Issuing Agency: The State of Hawaii Office of Environmental Quality Control (OEQC) and the Environmental Council
Year Established: 1974
Last Amended: 2012
Statutory Authority: The Hawaii Environmental Policy Act, Chapter 343 of the Hawaii Revised Statutes
Primary Legal Reference: Chapter 343 of the Hawaii Revised Statutes and Title 11, Chapter 200.1 of the Hawaii Administrative Rules
Overview of the Hawaii Environmental Policy Act (HEPA)
The Hawaii Environmental Policy Act (HEPA) is a state-level environmental regulation that operates within the broader framework of Hawaii's environmental laws. HEPA aims to protect the environment, natural resources, and the public health and welfare of the people of Hawaii by establishing a system of environmental review for proposed actions that may significantly affect the environment.[^1]
HEPA is administered and enforced by the State of Hawaii Office of Environmental Quality Control (OEQC) and the Environmental Council. The Act was first enacted in 1974 and has undergone several amendments, with the most recent significant update occurring in 2012.[^2]
The primary mechanism of HEPA is the requirement for state and county agencies to consider the environmental consequences of proposed actions before making decisions. This is achieved through the preparation of environmental assessments (EAs) and environmental impact statements (EISs) for certain types of projects.[^3]
HEPA applies to a wide range of proposed actions, including those that:
- Use state or county lands or funds
- Use conservation district lands
- Use shoreline areas
- Use historic sites
- Involve reclassification of conservation lands
- Require amendment to a county general plan[^4]
What does the Hawaii Environmental Policy Act (HEPA) protect?
The Hawaii Environmental Policy Act (HEPA) protects a wide range of environmental resources in the state of Hawaii, including air, water, land, flora, fauna, and cultural resources. HEPA aims to safeguard these resources from potential adverse impacts caused by proposed actions, such as development projects, land use changes, and government programs.[^5] The Act achieves this protection by requiring a thorough environmental review process that identifies, evaluates, and discloses the potential environmental impacts of these actions, as well as considers alternatives and mitigation measures to minimize any negative effects.[^6]
[^1]: Haw. Rev. Stat. § 343-1 (2012). [^2]: State of Hawaii Office of Environmental Quality Control. (n.d.). [^3]: Haw. Rev. Stat. § 343-5 (2012). [^4]: Haw. Rev. Stat. § 343-5(a) (2012). [^5]: Haw. Rev. Stat. § 343-1 (2012). [^6]: Haw. Rev. Stat. § 343-2 (2012).
REGULATORY SCOPE & JURISDICTION
Regulated Activities & Entities
The Hawaii Environmental Policy Act (HEPA) is a state law that establishes a system of environmental review for proposed actions that may significantly affect the environment. HEPA applies to a wide range of activities and entities, including state and county agencies, private developers, and individuals. The purpose of HEPA is to ensure that environmental concerns are given appropriate consideration in decision-making along with economic and technical considerations.
Under HEPA, the following activities are subject to environmental review:
- Use of state or county lands or funds
- Use of conservation district lands
- Use of the shoreline area
- Use of historic sites or districts
- Reclassification of conservation lands
- Construction or modification of helicopter facilities
- Wastewater treatment unit projects
- Waste-to-energy facility projects
- Landfill projects
- Oil refineries or power-generating facilities
These activities are regulated due to their potential for significant environmental impacts, such as air and water pollution, habitat destruction, and adverse effects on cultural and historical resources.
Structure and Key Provisions
The Hawaii Environmental Policy Act is structured into several key sections, each addressing a specific aspect of the environmental review process. The main sections include:
Definitions (§343-2)
This section provides definitions for important terms used throughout the regulation, such as "acceptance," "action," "agency," "applicant," "approval," "council," "discretionary consent," "environmental impact statement," and "significant effect."
Applicability (§343-5)
This section outlines the circumstances under which an environmental assessment (EA) or environmental impact statement (EIS) is required. It specifies the types of actions that trigger environmental review, such as those using state or county lands or funds, those in the shoreline area, and those affecting historic sites.
Environmental Assessment Process (§343-5)
This section describes the process for preparing and publishing an EA, including the contents of the document, public comment periods, and the determination of whether an EIS is required based on the significance of potential impacts.1
Environmental Impact Statement Process (§343-5)
When an EIS is required, this section outlines the process for preparation, including the publication of a draft EIS, public comment period, and the preparation of a final EIS. It also covers the acceptance and publication of the final EIS.2
Supplemental Environmental Impact Statements (§343-5)
This section addresses the circumstances under which a supplemental EIS may be required, such as when there are substantial changes to the proposed action or significant new information becomes available.3
It is essential for those engaged in activities regulated under HEPA to consult the full text of the regulation and work closely with the relevant state and county agencies to ensure compliance with all applicable requirements. The environmental review process can be complex, and early consultation with agencies and environmental professionals can help identify potential issues and streamline the process.
COMPLIANCE REQUIREMENTS & STANDARDS
Regulatory Standards & Limitations
The Hawaii Environmental Policy Act (HEPA) establishes various standards and limitations to protect the environment and public health. These may include emissions limits for air and water pollutants, performance standards for certain industries or activities, and other relevant metrics. The specific standards and limitations vary depending the type of project and the potential environmental impacts involved.
Implementation and enforcement of these standards are carried out by the relevant state agencies, such as the Hawaii Department of Health and the Office of Environmental Quality Control. Developers and consultants must work closely with these agencies to ensure their projects comply with the applicable standards and limitations set forth by HEPA.
Monitoring, Reporting & Recordkeeping Obligations
Under HEPA, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the established standards and limitations and to provide transparency and accountability in the environmental review process.
The specific monitoring, reporting, and recordkeeping requirements may vary depending on the nature and scope of the project. Developers and consultants should engage with the relevant state agencies early in the planning process to understand and fulfill these obligations for their specific projects. This may involve developing and implementing monitoring plans, submitting regular reports on environmental performance, and maintaining accurate records of compliance activities.
Enforcement Actions & Penalties
The state agencies responsible for implementing HEPA, such as the Hawaii Department of Health and the Office of Environmental Quality Control, have the authority to take enforcement actions against entities that violate the provisions of the act or fail to comply with the established standards and limitations.
Enforcement actions may include notices of violation, administrative orders, or civil and criminal penalties, depending on the severity and nature of the violation. To avoid enforcement actions and potential penalties, developers and consultants should prioritize proactive compliance and early engagement with the relevant agencies.
It is crucial for readers to consult the full text of HEPA and work closely with the appropriate state agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects. By doing so, they can ensure compliance and minimize the risk of enforcement actions that could result in significant financial and reputational consequences.
ADDITIONAL RESOURCES
Recent Developments & Regulatory Outlook
In recent years, the Hawaii Environmental Policy Act (HEPA) has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the passage of Act 50 in 2000, which amended HEPA to require the consideration of cultural impacts in environmental assessments and environmental impact statements 4. This amendment has had a profound impact on the way developers and environmental consultants approach projects in Hawaii, as it necessitates a more comprehensive evaluation of a project's potential effects on Native Hawaiian cultural practices and resources.
Another important development was the Hawaii Supreme Court's decision in the case of Sierra Club v. Department of Transportation of the State of Hawai'i in 2004 5. This decision clarified the scope of HEPA's applicability, confirming that the act applies to all state and county agencies, including those that are not primarily environmental in nature. This ruling has expanded the range of projects subject to HEPA review and has underscored the importance of compliance for all state and county-funded or approved actions.
Looking ahead, there are several proposed amendments and potential policy shifts that could further modify the implementation of HEPA. For example, there have been ongoing discussions about streamlining the environmental review process for certain types of projects, such as affordable housing developments or renewable energy installations. While these proposals have not yet been adopted, they reflect a growing interest in balancing environmental protection with other critical societal needs.
To stay informed about these and other developments related to HEPA, stakeholders should regularly monitor the websites of key agencies, such as the Hawaii Office of Environmental Quality Control (OEQC) and the Department of Health's Environmental Planning Office. These agencies often publish news updates, draft
Additional Resources
Hawaii Environmental Policy Act (HEPA) Statute: The full text of the HEPA statute, including all amendments to date.
Hawaii Administrative Rules, Title 11, Chapter 200.1: The administrative rules that govern the implementation of HEPA, including detailed requirements for environmental assessments and environmental impact statements.
OEQC Environmental Assessment and Environmental Impact Statement Online Library: A searchable database of environmental assessments and environmental impact statements prepared under HEPA, maintained by the Office of Environmental Quality Control.
HEPA Guidance Document for Sustainable Buildings: A guidance document prepared by the State of Hawaii Department of Business, Economic Development & Tourism to assist developers and designers in incorporating sustainable building practices into their projects while complying with HEPA.
Cultural Impact Assessment: Guidelines for Assessing Cultural Impacts: A guidance document prepared by the Environmental Council to assist agencies, applicants, and consultants in assessing the cultural impacts of proposed actions, as required by Act 50.
REFERENCES
Hawaii Administrative Rules, §11-200.1-18 Preparation and contents of a draft environmental assessment. https://health.hawaii.gov/opppd/files/2019/08/11-200.1.pdf, Accessed May 25, 2023. ↩
Hawaii Administrative Rules, §11-200.1-23 Consultation prior to filing a draft environmental impact statement. https://health.hawaii.gov/opppd/files/2019/08/11-200.1.pdf, Accessed May 25, 2023. ↩
Hawaii Administrative Rules, §11-200.1-30 Supplemental environmental impact statements. https://health.hawaii.gov/opppd/files/2019/08/11-200.1.pdf, Accessed May 25, 2023. ↩
Act 50, SLH 2000. ↩
Sierra Club v. Department of Transportation of the State of Hawai'i, 167 P.3d 292 (Haw. 2004). ↩
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the HEPA. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.