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Public Notice: EPA’s Action to Add Waters to Hawaii’s 2018 List of Impaired Waters

How to Comment

Comments accepted through: 08/19/2020

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

All interested persons wishing to comment on EPA’s action to add waters to Hawaii’s  2018 List of Impaired Waters under Clean Water Act, Section 303(d) may submit written comments to Eric Dubinsky at the email address below.

Eric Dubinsky (dubinsky.eric@epa.gov)
(415) 972-3517

To ensure that they are considered, comments must be submitted in writing on or before August 19, 2020. We encourage electronic submittals, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or, if unavailable, EPA Region 9’s Environmental Information Center will help route you: r9.info@epa.gov or phone line or (415) 947-8000.option 5, then option 4.

EPA is committed to continuing our critical work on behalf of the American public while also safeguarding the health and safety of the public and the families of EPA employees by taking responsible measures to help prevent transmission of the coronavirus. Thank you for your cooperation and understanding.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone.

Publish Date: 07/17/2020

Summary

EPA is soliciting public comments on EPA’s action to add two waterbodies as impaired by trash to Hawaii’s 2018 List of Impaired Waters under Clean Water Act, Section 303(d).

On March 30, 2020, EPA withdrew specific aspects of EPA’s August 16, 2018 approval of Hawaii’s 2018 Section 303(d) List of Impaired Waters. EPA reevaluated the State’s submission and determined that it was incomplete and thus not fully consistent with the requirements of Section 303(d) of the Clean Water Act and EPA’s implementing regulations. Specifically, the State’s submission did not demonstrate that it satisfied its obligation to assemble and evaluate all existing and readily available water quality-related data and information.

EPA requested that the State, consistent with its responsibilities and obligations under Section 303(d)(1)(A) of the Clean Water Act and 40 C.F.R. § 130.7(b)(5), assemble and evaluate all existing and readily available water quality-related data and information related to plastics in Hawaii waterbodies for which the State has data and information. EPA further requested that the State submit the results of that evaluation for EPA consideration by May 29, 2020, including any supporting documentation and, if appropriate, an assessment of whether the waters are meeting the applicable water quality standards. Hawaii prepared a response and supplemental submission, which EPA received on May 27, 2020.

On July 10, 2020, EPA issued its decision that Hawaii’s supplemental submission partially met the requirements of Clean Water Act Section 303(d). During its review, EPA identified two waterbodies that were not included in Hawaii’s 303(d) List. Based on the existing and readily available water quality-related data and information, EPA has identified Kamilo Beach and Tern Island waterbodies as impaired by trash 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 trash. After considering public comments and making any revisions EPA deems appropriate, EPA will transmit the listing to the State.

Applicant or Respondent

Hawaii Department of Health, Clean Water Branch
1250 Punchbowl Street
Honolulu,, HI 96813