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Executive Policy 10.205 Executive Policy 10.205



Title

List of Actions Exempt from Filing of Environmental Impact Statement

Header

Policy Chapter 10, Land and Physical Facilities
Executive Policy EP 10.205, List of Actions Exempt from Filing of Environmental Impact Statement
Effective Date:  October 2014 
Dates Amended:  August 2011
Responsible Office:  Office of the Vice President for Administration
    A. Governing Board of Regents Policy:  RP 10.204, List of Actions Exempt from Filing of Environmental Impact Statement
Review Date:  August 2019

I. Purpose

A. To maintain the policy-based administrative infrastructure created by Board
policy relating to the "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawaii Administrative Rules.

B. To serve to transition the administration of the administrative infrastructure from Board
policy to Executive
policy promulgated by the President.

C. To provide the "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawaii Administrative Rules and amend the list as operational needs require.

II. Definitions

No policy specific or unique definitions apply.

III. Executive Policy

A.  Introduction

    This Executive policy embodies former Board of Regents
policy relating to the "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawaii Administrative Rules is provided below. With the Board of Regents
delegation of authority to the President relating to the "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawai‘i Administrative Rules, the intent of this Executive policy is twofold.  First, this Executive
policy maintains the policy-based administrative infrastructure created by Board policy relating to the "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawaii Administrative Rules

    Second this policy serves to transition the administration of the administrative infrastructure from Board policy to Executive policy promulgated by the President.

B.  Responsibilities

    The "List of Exempt Classes of Action Pursuant to Section 11-200-8 (a) Hawaii Administrative Rules is provided below and the President is delegated the authority to add to or delete from the List of Exempt Classes of Action Pursuant to  Section 11-200-8 (a) Hawaii Administrative Rules as operational needs change.  (Feb. 13, 1976)

    Note: As stipulated by Section 11-200-8 (b) Hawaii Administrative Rules, if an exemption is proposed in a particularly sensitive environment or if successive exempt actions could have a cumulative significant impact, the exempt status of the action would be invalid.  Environmentally sensitive areas include flood plains, wetlands, beaches, and coastal areas, erosion-prone areas, geologically hazardous land, critical habitat and estuaries.

A.  Exemption Class #1: Operations, repairs or maintenance of existing structures, facilities, equipment or  topographical features, involving negligible or no expansion or change of use beyond that previously existing.

1.  Operation, repair or maintenance of:

            a. Existing buildings used for offices, classrooms, laboratories, laboratory animals, aquaria, libraries, theaters, student and faculty housing, food service, stores or storage on lands owned, leased or rented by the University

            b. Workshops and warehouses

            c. Swimming pools, gymnasiums, arenas, playfields and playcourts.  Playfields to include football, baseball, softball, soccer fields, track and field, and golf short course and putting green.  Playcourts to include tennis basketball, volleyball, badminton and handball

            d. Auto repair shops and fuel storage and pumps not requiring Department of Health permit

            e. Automotive equipment

            f. Air conditioning and ventilating systems

            g. Refrigerators and freezers

            h. Heaters, boilers, and stoves

            i. Antennas, towers, and poles

            j. Communication systems

            k. Electrical, plumbing, and storm drainage systems

            l. Sewer pipelines, aeration ponds and tanks, and cesspools

            m. Roads, walkways, parking lots, bike paths, and vehicular ramps

            n. Furnaces and kilns

            o. Compactors and incinerators

            p. Pens, cages, ponds/pools, tanks, and greenhouses

            q. Piers, catwalks, floating docks and boat landings

            r. Walls, seawalls, and fences

            s. Elevators, pedestrian ramps and stairways

            t. Seats, bleachers, and booths

            u. Campus signs and scoreboards

            v. Artwork and historic structures including but not limited to sculptures, frescoes, Varney Circle and Founders Gate

            w. Scientific equipment used for research, instructional, and experimental functions, including but not limited to lasers, x-rays, spectroscopes, oscilloscopes, analyzers, distillers, computers, electron microscopes and diathermic apparatus

        2. Painting and re-roofing of existing buildings

        3. Campus landscaping and maintenance

        4. Use of EPA and State Department of Agriculture approved pesticides and herbicides under the supervision of certified applicators for spot treatments within specified areas on land owned, leased, or rented by the University, except on Mauna Kea, Haleakala, or other sensitive areas.

B.  Exemption Class #2: Replacement or reconstruction of existing structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose, capacity,  density, height and dimensions as the structure replaced.

    1. Replacement or reconstruction of:

        a. Existing buildings used for offices, classrooms, laboratories, or storage on lands owned, leased, or rented by the University, except those that may be aesthetically, historically, or culturally significant

        b. Hazardous waste material storage areas

        c. Flammable fluid storage facilities or structures

        d. Cold storage

        e. Pumps and storage for fuel oils, not requiring Department of Health permit

        f. Workshops and tool sheds

        g. Tents and temporary sheds

        h. Pens, cages, ponds/pools, tanks, and greenhouses

        i. Piers, catwalks, floating docks and boat landings

        j. Walls and fences, including seawalls at Coconut Island but excluding all other water front installations

        k. Sewer pipelines, aeration ponds/tanks, and cesspools

        l. Electrical, plumbing, communications and drainage systems

        m. Air conditioning and ventilating systems

        n. Antennas, towers, and poles

        o. Elevators, pedestrian ramps, and stairs

        p. Athletic courts and fields

        q. Parking lots, walkways, road, and bike paths

        r. Compactors and incinerators

        s. Campus signage

C. Exemption Class #3: Construction and location of single, new, small facilities or structures and the alteration and modification of same and installation of new, small, equipment and facilities and the alteration and modification of same including but not limited to: (a) single family residences less than 3,500 square feet not in conjunction with the building of two (2) or more such units; (b) multi-unit structures designed for not more than four (4) dwelling units if not in conjunction with the building of two (2) or more such structures; (c) stores, offices and restaurants designed for total occupant load of twenty (20) persons or less per structure, if not in conjunction with the building of two (2) or more such structures; (d) water, sewage, electrical, gas, telephone, and other essential public utility services extensions to serve such structures or facilities; and (e) accessory or appurtenant structures including garages, carports, patios, swimming pools and fences; and acquisition of utility easements.

    1. Construction or alteration of:
        a. Storage sheds
        b. Workshops
        c. Greenhouses (10,000 square feet or less) and shadehouses (20,000 square feet or less)
        d. Booths and tents

    2. Air conditioning and ventilating systems:  Window units not to exceed recommended size for the room of 32,000 BTU, whichever is smaller.  All normal maintenance and operations to be permitted.

    3. Incinerators to be used only for the disposal of pathological materials, some of which may be contaminated by radionuclides.  Capacity of incinerators to be not more than 175 lbs./hr. of animal or contaminated wastes.  Incineration of radionuclides to comply with license issued by U.S. Nuclear Regulatory Commission.  License specifies limits of emissions and ash content of radionuclides.  Complete record is kept by UH Environmental Health and Safety Office on all receipts, transfers, uses and disposal of radioactive materials.

    4. Antenna Systems:  Receiving-only type antennas, 6 feet diameter or less dish antennas or 20 feet high or less vertical antennas.

D. Exemption Class #4:  Minor alterations in the conditions of land, water, or vegetation.

    1. Grubbing and mowing of landscaped and lawn areas

    2. Planting of trees, other plants, and sod

    3. Pruning of trees and shrubs

    4. Cultivation, tillage, ridging, and land leveling preparations for agricultural purposes

    5. Use of EPA and State Department of Agriculture approved pesticides and herbicides under the supervision of certified applicators for spot or test plot applications within specified areas on land owned, leased, or rented by the University, except on Mauna Kea, Haleakala, or other sensitive areas.

    6. Stockpiling of up to 500 cubic yards of soil material.

E.  Exemption Class #5: Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

    1. Gathering of soil, air, water, plant, animal, fish, mineral and other specimens for research, experimental, or instructional purposes.  This item does not apply to:  the gathering of threatened or endangered plant, animal or fish species; the importation of plant, animal or fish species; actions that detrimentally affect air or water quality and ambient noise level.

    2. Historic, geographic, or demographic surveys

    3. Topographic, land use, soils, and drainage surveys

    4. Flora and fauna surveys

    5. Environmental impact research

    6. Horticultural, silvicultural and floracultural experiements within confined sites

    7. Experimental and research projects with native flora and fauna, including within the Conservation District with the consent of DLNR and the respective county agencies, where applicable

    8. Archaeological surveys supervised by a qualified archaeologist

    9. Storage of flammable and combustible liquid to comply with OSHA regulations and not to exceed 5,500 gallons in approved storage facilities; floor area not to exceed 700 square feet.  Storeroom to be quipped with automatic fire protection and 2-hour firewall.

    10. Storage of radioactive materials.  Storage to comply with U.S. Nuclear Regulatory Commission license issued to the University of Hawai‘i.  A complete record is kept of all radioactive material received.

F. Exemption Class #6: Construction or placement of minor structures accessory to existing accessory to existing facilities.

    1. Construction or placement of:

        a. Ticket booths, tents, platforms, and toilets
        b. Pens, sheds, cages, tanks, and ponds
        c. Scoreboard, signs and flag poles
        d. Sculptures and statues
        e. Standby generators, panel boards, and switchboards
        f. Utilities and trash enclosures
        g. Water pumps and pipes, except at Mauna Kea, Haleakala, or other sensitive areas
        h. Lights to all walkways, roads, and exits
        i. Furnishings

    2. Structures not to exceed 500 square feet floor area, one story and including all normal and usual types of electrical and plumbing systems.

    3. Air conditioners and ventilating equipment:  maximum capacity not to exceed 32,000 BTU

    4. Within the building footprint and envelope (building perimeter and height) construction of additional building floor area limited to no more than 10% of the existing building floor area.

G. Exemption Class #7: Interior alterations involving such things as partitions, plumbing, and electrical conveyances.

    1. Construction, repair, or removal of interior partitions

    2. Modifications to interior plumbing, electrical, communication, and ventilating systems

    3. Repairs or modifications to transformers, transmitters, panel boards and switchboards

    4. Modifications to floors, ceilings, and roofs

    5. Painting

    6. Masonry and concrete work

H. Exemption Class #8: Demolition of structures not functional or economical to remodel and maintain, , except those structures located on  any historic site as designated in the National Register or Hawai'i Register as provided for in the National Historic Preservation Act of 1966, Public Law 89-665, 16 U.S.C. Section 470, as amended or Chapter 6, Hawai'i Revised Statutes.

I. Exemption Class #9: Zoning variances for storage of flammable and combustible materials except: use, density, height, parking requirements and shoreline set-back variances.

J. Exemption Class #10: Continuing administrative activities, such as purchases for supplies and personnel-related actions.

    1. Purchase of supplies, services, and equipment for instruction, research, public service, and support functions of existing operations.

    2. Performance of research, instruction, public service, and support functions in existing facilities.

    3. Procurement and use of utility services, motor vehicles and maintenance equipment.

    4. Receipt and storage of supplies and equipment.

    5. Actions necessary to comply with Occupational Safety and Health Act and Title IX requirements.

IV. Delegation of Authority

There is no policy specific delegation of authority.

V. Contact Information

Vice President for Administration Jan Gouveia
956-6405 or jgouveia@hawaii.edu

VI. References

    A. Link to superseded Executive Policies in old format https://www.hawaii.edu/policy/archives/ep/

    B. Link to Administrative Procedures in old format https://www.hawaii.edu/policy/archives/apm/sysap.php

VII. Exhibits and Appendices

No Exhibits and Appendices found

Approved

    Signed    
    David Lassner    
    October 31, 2014    
    Date    
    President

Topics

No Topics found.


Attachments

None