UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REQUEST FOR CLEAN WATER ACT SECTION 303(c) APPROVAL BY THE HAWAII STATE DEPARTMENT OF HEALTH 12-CW-PW-21 November 28, 2012 The Hawaii State Department of Health (DOH) is seeking Clean Water Act (CWA), Section 303(c) approval as required by the United States Environmental Protection Agency (EPA), Region 9, to issue schedules of compliance in National Pollutant Discharge Elimination System (NPDES) permits for the purpose of achieving water quality-based effluent limitations for compliance with HAR, Chapter 11-54 (Water Quality Standards). In November 1974, provisions to implement schedules of compliance were adopted in Chapter 37 (Water Pollution Control) of the DOH, Public Health Regulations. Chapter 37 was later renamed Hawaii Administrative Rules (HAR), Chapter 11-55 in November 1981. Changes were also made to the schedules of compliance provisions in November 1981. HAR 11-55-08(a)(2)(B) requires a DOH determination to issue an NPDES individual permit that includes a proposed schedule of compliance to meet effluent limitations in HAR 11-55-21. HAR 11-55-15(d) authorizes the DOH Director to issue a permit that does not or cannot meet effluent limitations only if there is a schedule of compliance to ensure compliance with Water Quality Standards. The latest amendments to and compilation of HAR, Chapter 11-55 were adopted on October 21, 2012, following a public hearing held on June 4, 2012, after public notice was given on April 30, 2012. The amendments and compilation were signed by the Governor of the State of Hawaii and took effect on October 21, 2012, 10 days after filing with the Office of the Lieutenant Governor. Since November 1981, no changes were made to HAR 11-55-08(a)(2)(B), 11-55-15(d), and 11-55-21. The DOH is seeking CWA Section 303(c) approval from EPA, Region 9 to incorporate schedules of compliance in NPDES permits for technology based and water quality based effluent limitations. After this public notice comment period, the DOH will submit our request for CWA Section 303(c) approval to EPA, Region 9. Persons wishing to comment should submit their comments in writing no later than 30 calendar days from the date of this notice either in person or by mail, to: Department of Health Environmental Management Division Clean Water Branch 919 Ala Moana Boulevard, Room 301 Honolulu, Hawaii 96814-4920 For more information or if you have special needs due to disability, please contact Mr. Darryl Lum, Supervisor of the Engineering Section, Clean Water Branch, at the above office address or at (808) 586 4309 (Voice) at least seven (7) calendar days before the comment deadline. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1 711 or 1 (877) 447 5991. Please notify anyone you know who would be interested in this matter. LORETTA J. FUDDY, A.C.S.W., M.P.H. Director of Health (SA472888 11/28/12)~