2021-09-22 EMC testimony - (09-19) - Demoruelle, Sandra - DEM July 23, 2021 Correspondence to EPA Attachment A

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Mr. Jelani Shareem Ms. Kate Rao July 23, 2021 Environmental Notice. The FEA stated the purpose of the project was to provide an industry - standard wastewater collection system and a secondary treatment and disposal facility and to eliminate underground injection from large capacity cesspools (LCCs) operated by the County to help protect underground drinking water sources. Further, the FEA indicated a new sewer collection system would be constructed in the Pahala community and would replace the existing system of substandard gravity lines that convey sewage to the two LCCs and connect it to the proposed wastewater treatment and disposal facility. The new collection system would be routed almost entirely within the public right of way (ROW) of eight public streets in the Pahala community. The Pahala LCC Replacement project was awarded a U.S. Environmental Protection Agency (EPA) Special Appropriations Act Project (SAAP) grant. The FEA stated the project may also be funded by the State of Hawaii Department of Health (DOH) Clean Water State Revolving Fund (CWSRF) Program. Under the CWSRF program, the project consists of two parts: Pahala Large Capacity Cesspool Conversion and Pahala Wastewater Collection System. The Pahala LCC Replacement Project will be constructed by the County of Hawaii Department of Environmental Management (DEM) using County funds. Need for Change Topographic survey information obtained after PER development has escalated the construction cost for the aerated lagoons. More significantly, geophysical and geotechnical investigations have identified and confirmed the presence of a potential network of lava tubes under the intended WWTP location and identified a large void below one of the four lagoons. With cultural resources known to exist in lava tubes elsewhere in Pahala, the lava tubes create schedule and cost risks to the County project by introducing both unknown construction and cultural mitigation measures to the construction project. In response, the County desires to change the WWTP process to one that will reduce theseproject risks and provide similar or greater benefits to the community while maintaining or reducing the environmental impacts of the intended project. Hawaii Administrative Rules §11-200 Considerations Chapter 343, HRS establishes a system of environmental review at the state and county levels which ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations. HAR 11-200.1 Environmental Impact Statement rules require state and local governmental agencies under -taking projects utilizing state or county lands or funds to consider the potential environmental impacts of a proposed project by preparing environmental review documentation. HAR § 11-200.1-11 establishes rules for using a prior FONSI to satisfy Chapter 343 requirements: § 11-200.1-11 Use of prior exemptions, findings of no significant impact, or accepted environmental impact statements to satisfy chapter 343, HRS, for proposed actions. (a) When an agency is considering whether a prior exemption, FONSI, or an accepted EIS satisfies Chapter 343, HRS, for a proposed action, the agency may determine that 2