2021-08-25 EMC testimony - (08-23) Demoruelle, Sandra - DEM EPA Response May 2021

Home

,olt'a srI,0 UINIll"'1"IF,ID s-rKrIES EI III I I ENT II PIROTIECTIOIN AGENCY Z IRIF.GII0IN II '7 Hawthorne Street airn Frainclisco, CA 94105,,,,3901 Via Electronic Mail Brenda Iokepa-Moses, Deputy Director County of Hawaii Department of Environmental Management 345 Kekuanao`a Street, Suite 41 Hilo, Hawaii 96720 Brenda. Iokepa-Moses(ahawaiicoun ov Subject: Federal Administrative Order on Consent EPA Docket No. SDWA-UIC-AOC-09-2017-0002 Pahala Community Large Capacity Cesspools Closure Project Dear Deputy Director Iokepa-Moses: On May 24, 2021, the County of Hawaii Department of Environmental Management (the "County") requested that the Environmental Protection Agency, Region 9 ("EPA") extend the deadlines set forth in Paragraphs 29(c) and (f) of the June 2017 Federal Administrative Order on Consent ("AOC") between EPA and the County in relation to the County's Pahala and Na`alehu Large Capacity Cesspool ("LCC") closure projects. Paragraphs 29(c) and (f) of the AOC require the County to acquire land for the proposed Pahala Wastewater Treatment Facility ("WWTF") and complete design of the proposed Pahala WWTF. These actions are prerequisite to completing the remaining compliance provisions in the AOC, including closure of the Pahala LCCs by no later than April 18, 2023. The AOC compliance provision deadlines to acquire land and complete design of the proposed WWTF are based on the Environmental Assessment for the Pahala project prepared jointly by EPA and the County pursuant to the National Environmental Policy Act and Hawaii state law. The Environmental Assessment, which was signed by EPA on February 20, 2020, evaluated a variety of alternatives, and identified the WWTF alternative selected by the County. The AOC compliance provision deadlines were previously extended by EPA's September 9, 2019 letter approving the County's August 26, 2019 request to extend all of the remaining Pahala project compliance provision deadlines. The compliance provision deadline to acquire land was extended once more by EPA's October 29, 2020 letter approving the County's October 12, 2020 request to extend this deadline. Paragraph 29(c) of the extended AOC compliance schedule requires the County to acquire land for the proposed Pahala WWTF by June 28, 2021, and Paragraph 29(f) of the extended AOC compliance schedule requires the County to complete design of the proposed Pahala WWTF by July 24, 2021. The County is now requesting an additional nine months to complete the process of land acquisition and an additional twelve months to complete design of the proposed WWTF. Concerning the County's request to extend the compliance provision deadline that is listed in Paragraph 29(c) of the AOC, the County noted that while its Office of Corporation Counsel has started the process of drafting the legal documentation for property acquisition, it is requesting an extension of the revised