OPSD Cumulative Effects/Impact Assessment Guidance in SMA Permitting

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4. Spatial and temporal parameters to scope past, present and future actions in SMA permitting In accordance with the definition of "cumulative impact " previously defined in CEQ's rule or in HAR Chapter I 1-200.1, and the research on the Final EAs/EISs available from Office of Environmental Quality Contro14 (OEQC) online library, spatial and temporal boundaries are two critical parameters to scope past, present, and reasonably foreseeable future actions that need to be taken into account in cumulative impact assessments. Principally, spatial and temporal scopes for assessments depend on the scale of a proposed action, and on target resources and/or environment. Each affected resource, ecosystem, and human community should be analyzed in terms of its capacity to accommodate additional effects, based on its own time and space parameters. Ideally, spatial and temporal scopes for cumulative effect/impact assessments should be expanded to the point at which a specific coastal resource is no longer significantly affected, or the impacts are no longer of interest to affected parties. However, categorizing and determining the geographic and temporal scope of cumulative effects/impacts in the SMA permitting process can significantly divert the county planning departments from focusing their time and resources on the most significant effects. Given that existing cumulative effects/impacts analysis guidance from CEQ and HEPA is not provided in the context of the SMA, there remains ambiguity in its application and implementation. This SMA-oriented guidance seeks to narrow down the spatial and temporal scopes of the cumulative effect/impact assessments. With respect to spatial scope, setting the consideration at an existing defined boundary such as the SMA boundary within the county jurisdiction would reduce uncertainty in assessing an appropriate scope. The SMAs designated by the counties generally begin at the shoreline and extend to the nearest highway or several miles inland. Other factors, such as salinity and tidal influences on bodies of surface water, also affect a SMA boundary. Pursuant to HRS §205A-23, as amended, the SMA in each county shall be as shown on such maps filed with the county authority as of June 8, 1977. To narrow down the scoping to a meaningful assessment and include what counts for cumulative effect/impact assessments in SMA permitting, it would be appropriate and feasible to apply the SMA boundary as a spatial parameter if no critical issues on coastal resources or environment are raised beyond the SMA. The OPSD recommends a geographic radius up to the SMA inland boundary from the shoreline as the minimum spatial scope to assess the incremental impacts of a proposed action on the SMA when added to other past, present, and reasonably foreseeable future actions. Besides geographic scope, temporal scale is another crucial parameter to scope past and future actions to assess cumulative effects/impacts resulting from a proposed action. "Reasonably foreseeable" actions are those that are likely to occur, rather than those that are merely possible or subject to speculation. Reasonably foreseeable future actions are those that have the potential to overlap spatially or temporally with a proposed project. It is recognized that a SMA Use Permit is usually granted to complete a proposed 4 The Office of Environmental Quality Control has been renamed as `Environmental Review Program" within the OPSD, enacted by Act 152, SLH 2021.