HomeMy WebLinkAbout2021-07-28 EMC testimony (07-22) Demoruelle, Sandra - HAR_11_200_26_Supplemental_Statements_ruleHawaii Administrative Rules Title 11, Chapter 200 - Unofficial
or mayor (or an authorized representative), prior to the submission of the same
to the Environmental Protection Agency or responsible federal agency.
(4) Any acceptance obtained pursuant to paragraphs (1) to (3) shall satisfy chapter
343, HRS, and no other statement for the proposed action shall be required.
[Eff 12/6/85; am and comp AUG 31 1996] (Ruth: HRS §343-5, 343-6) (Imp:
HRS §343-5, 343-6)
SUBCHAPTER 10
SUPPLEMENTAL STATEMENTS
§11-200-26 General provisions. A statement that is accepted with respect to a
particular action is usually qualified by the size, scope, location, intensity, use, and timing of
the action, among other things. A statement that is accepted with respect to a particular action
shall satisfy the requirements of this chapter and no other statement for that proposed action
shall be required, to the extent that the action has not changed substantively in size, scope,
intensity, use, location or timing, among other things. If there is any change in any of these
characteristics which may have a significant effect, the original statement that was changed
shall no longer be valid because an essentially different action would be under consideration
and a supplemental statement shall be prepared and reviewed as provided by this chapter. As
long as there is no change in a proposed action resulting in individual or cumulative impacts
not originally disclosed, the statement associated with that action shall be deemed to comply
with this chapter. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6)
(Imp: HRS §343-5, 343-6)
§11-200-27 Determination of applicability. The accepting authority or approving
agency in coordination with the original accepting authority shall be responsible for
determining whether a supplemental statement is required. This determination will be
submitted to the office for publication in the periodic bulletin. Proposing agencies or
applicants shall prepare for public review supplemental statements whenever the proposed
action for which a statement was accepted has been modified to the extent that new or
different environmental impacts are anticipated. A supplemental statement shall be warranted
when the scope of an action has been substantially increased, when the intensity of
environmental impacts will be increased, when the mitigating measures originally planned
are not to be implemented, or where new circumstances or evidence have brought to light
different or likely increased environmental impacts not previously dealt with. [Eff 12/6/85;
am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6)
§11-200-28 Contents. The contents of the supplemental statement shall be the same
as required by this chapter for the EIS and may incorporate by reference unchanged material
from the same; however, in addition, it shall fully document the proposed changes from the
original EIS, including changes in ambient conditions or available information that have a
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Hawaii Administrative Rules Title 11, Chapter 200 - Unofficial
bearing on a proposed action or its impacts, the positive and negative aspects of these
changes, and shall comply with the content requirements of section 11-200-16 as they relate
to the changes. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp:
HRS §343-6)
§11-200-29 Procedures. The requirements of the thirty -day consultation, filing
public notice, distribution, the forty -five-day public review, comments and response, and
acceptance procedures, shall be the same for the supplemental statement as is prescribed by
this chapter for an EIS. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-
6) (Imp: HRS §343-6)
SUBCHAPTER 11
SEVERABILITY
§11-200-30 Severability. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the invalidity shall not affect other provisions
or applications of this chapter which can be given effect without the invalid provision or
application; and to this end, the provisions of this chapter are declared to be severable." [Eff
12/6/85; comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-6, 343-8)
Amendments to and compilation of chapter 200, title 11, Hawaii Administrative
Rules, and the repeal of section 11-200-11, Hawaii Administrative Rules were adopted on
March 27, 1996 following public hearings held on November 14, 1995, November 16, 1995,
November 17, 1995, November 20, 1995 and November 21, 1995 after public notice was
given in the Honolulu Advertiser, Honolulu Star -Bulletin, Maui News, The Garden Island,
West Hawaii Today, Hawaii Tribune -Herald and Molokai Dispatch on October 12, 1995.
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