Summary

EPA is soliciting public comments on its action to add two waterbodies as impaired by enterococcus (fecal indicator bacteria) to Hawai‘i’s 2020 List of Impaired Waters under Clean Water Act, Section 303(d).

The Clean Water Act (CWA) requires each state identify those waters within its boundaries that do not meet applicable state water quality standards. This list is referred to as the Section 303(d) List of Impaired Waters and is approved or disapproved by EPA.

On February 17, 2021, EPA issued its decision to partially approve and partially disapprove Hawai‘i’s 2020 List of Impaired Waters. EPA found Hawai‘i’s decision not to list two waters was inconsistent with the provisions of Hawai‘i’s water quality standards for fecal indicator bacteria. These criteria are designed to protect the public from exposure to harmful levels of pathogens while participating in water-contact activities. EPA has identified Kapoho Point (O‘ahu) and Lanikai Boat Ramp (O‘ahu) waterbodies as impaired by fecal indicator bacteria and as requiring Total Maximum Daily Loads (TMDLs) under Clean Water Act, Section 303(d).

EPA is soliciting public comments on the addition of these two waterbodies as impaired by fecal indicator bacteria. After considering public comments and making any revisions EPA deems appropriate, EPA will transmit the listing to the State.