NOTICE OF PUBLIC HEARING ON
CHANGES TO HAWAII ADMINISTRATIVE RULES (HAR), TITLE 11,
CHAPTER 54, ENTITLED “WATER QUALITY STANDARDS” AND
CHAPTER 55, ENTITLED “WATER POLLUTION CONTROL”
DEPARTMENT OF HEALTH
STATE OF HAWAII
DOCKET NO. R-1-12
July 12, 2013
The Department of Health (DOH) will receive written comments and hold a public hearing on proposed changes to Hawaii Administrative Rules (HAR), Chapter 11-54, Water Quality Standards, and Chapter 11-55, Water Pollution Control.
1. The proposed revisions to HAR 11-54 include the following:
Two (2) substantive modifications;
Numerous grammatical, formatting, and other stylistic changes suggested by the Legislative Reference Bureau; and
Citation updates as a result of changes to federal and State statutes and rules.
The first proposed substantive change is to prevent water quality degradation from thermal discharges to be consistent with Section 316 of the Clean Water Act. The second proposed substantive change is to include a new statistical testing procedure developed by EPA, the test of significant toxicity (TST), for evaluating the combined impact of all pollutants on organisms under the whole effluent toxicity (WET) test.
2. The proposed revisions to HAR 11-55 include the following:
Substantive modifications to HAR 11-55, Appendix C;
The re-adoption of the National Pollutant Discharge Elimination System (NPDES) General Permits with staggered expiration dates;
Clarification to various sections of the rules; and
Changes for consistency with federal requirements.
Substantive modifications were made to HAR 11-55, Appendix C (NPDES General Permit Authorizing Discharges of Storm Water Associated with Construction Activity) in order to be consistent with the EPA’s Construction General Permit and the Effluent Limit Guidelines in 40 CFR 450 known as the Construction & Development Rule (C&D rule).
The public hearing will be held on Oahu at 10:00 a.m. on Wednesday, August 21, 2013, in the 5th Floor Conference Room of 919 Ala Moana Boulevard, Honolulu. Video Conference Center Sites will be open from 10:00 a.m. on Wednesday, August 21, 2013, at the following locations:
Kauai Kauai District Health Office, Conference Room, 3040 Umi Street, Lihue, 96766
Maui Department of Health, BT Conference Room, 210 Imi Kala Street,
Suite 204 (in Millyard), Wailuku, 96793
Hilo Hawaii District Health Office – Hilo, Conference Room, 1582 Kamehameha Avenue, Hilo, 96720
Persons desiring to speak are asked to submit two (2) copies of their statement before or at the hearing. Written statements will also be accepted until 4:30 p.m. on Wednesday, August 21, 2013, at the Clean Water Branch, Environmental Management Division, State Department of Health, 919 Ala Moana Boulevard, Room 301, Honolulu, Hawaii 96814 4920.
Copies of the proposed rules and documents explaining the proposed changes are available at the following locations:
Oahu Clean Water Branch, 919 Ala Moana Boulevard, Room 301, Honolulu, 96814 4920
Kauai Chief Sanitarian, Department of Health, 3040 Umi Street, Lihue, 96766
Maui Chief Sanitarian, Department of Health, 54 High Street, Wailuku, 96793
Hilo Chief Sanitarian, Department of Health, 1582 Kamehameha Avenue, Hilo, 96720
Kona Chief Sanitarian, Department of Health, 79 1015 Haukapila Street, Kealakekua, 96750
For more information or if you have special needs due to disability, please contact Mr. Darryl Lum of the Clean Water Branch at the above address or at (808) 586 4309 (voice) at least seven (7) days before the end of the public comment period or prior to the scheduled hearing. For those who use a TTY/TDD, please call through Verizon Hawaii Telephone Relay Service, at 1 711 or 1-877-447-5991.
LORETTA J. FUDDY, A.C.S.W., M.P.H.
Director of Health