#2 OPSD Cumulative Impact Guidance

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a Research the Final Environmental Assessments (EAs) and Final Environmental Impact Statements (EISs) under the NEPA to review cumulative impact assessments in environmental documents o Discuss cumulative impact assessments in SMA permitting with the county planning departments for their input o Recommend the parameters and criteria of cumulative impact assessments for SMA permitting Based on the subject study, the OPSD is issuing this cumulative effects/impacts assessment guidance for use by the County Planning Departments, which includes: o Cumulative effects/impacts' o Principles of cumulative effects/impacts assessment and analysis o Spatial and temporal parameters of cumulative effects/impacts assessment in SMA permitting o SMA criteria in cumulative effects/impacts assessment (emphasis added) o Determining significance of cumulative effects/impacts, and the checklist The purpose of this guidance is to provide policy and implementation support to assist the counties to better assess and determine cumulative effects/impacts in their SMA permitting. Following this guidance is not mandatory, and this guidance does not have the force and effect of law and shall not supersede state or county laws and rules relating to the CZM. The counties are responsible for defending their consideration of cumulative effects/impacts in SMA permitting. 2. Cumulative effects/impacts The Council on Environmental Quality's (CEQ) regulations for implementing the NEPA defined cumulative impact as "the impact on the environment that results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions." (40 CFR § 1508.7). On July 16, 2020, CEQ issued its new rule updating the regulations for federal agencies to implement the NEPA in the first comprehensive update since 1978. "Cumulative impact" defined in 40 CFR § 1508.7 was repealed 3, and an agency's analysis of effects shall be consistent with CFR § 1508.1 paragraph (g) as follows: (g) Effects or impacts means changes to the human environment from the proposed action or alternatives that are reasonably foreseeable and have a reasonably close causal relationship to the proposed action or alternatives, including those effects that occur at the same time and place as the proposed action or alternatives and may s "Effects" or "impacts" used in this guidance are synonymous, as stated in Hawaii Administrative Rules Chapter 11-200.1. s Cumulative effects analysis is no longer required as part of a NEPA review under CEQ's final rule, issued July 16, 2020. However, as posted by Federal Register on October 7, 2021, CEQ proposes to revise § 1508.1(g)(3) by restoring, with minor modifications, the definition of "cumulative impacts" from the 1978 NEPA Regulations and striking the current provision that repealed that definition. 2