Under Hawaii environmental law, construction projects disturbing more than how many acres require a NPDES permit?
Correct Answer
B) 1.0 acre
Hawaii requires NPDES permits for construction activities that disturb 1.0 acre or more of land surface.
Why This Is the Correct Answer
The federal Clean Water Act and EPA's Construction General Permit (CGP), adopted by Hawaii's Department of Health under the NPDES program, require permit coverage for any construction activity that disturbs 1.0 acre or more of land. Hawaii's rules mirror this federal threshold, making 1.0 acre the trigger for permit requirements on all construction sites.
Why the Other Options Are Wrong
Option A: 0.5 acres
0.5 acres is below the federal 1-acre threshold. Projects disturbing 0.5 acres may still need to implement Best Management Practices (BMPs) for erosion control under county or state rules, but the NPDES permit is not triggered until the 1.0-acre threshold is met.
Option C: 5.0 acres
5.0 acres was the original EPA threshold before the 1990 amendments to the Clean Water Act, which lowered it to 1 acre. Selecting 5 acres reflects knowledge of the outdated rule; the current standard—and the one tested on Hawaii contractor exams—is 1 acre.
Option D: 2.0 acres
2.0 acres has no basis in current federal or Hawaii state NPDES rules. It may be confused with other permit thresholds (e.g., certain state-specific erosion and sediment control plans), but the NPDES construction permit threshold remains 1.0 acre.
Memory Technique
Picture one football field (~1 acre). Any construction site bigger than one football field in Hawaii needs an NPDES permit. One field = one permit.
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