On July 10, 2020, the United States Environmental Protection Agency (EPA) issued a decision that Hawaiʻi’s supplemental submission partially met the requirements of the Clean Water Act section 303(d). 

EPA carefully reviewed Hawai’i’s listing decisions, assessment methodology, and supporting data to determine whether the State reasonably identified waters to be listed as impaired.  Based on the analysis, EPA approved Hawaiʻi’s decision not to list 17 of 19 waterbodies based on the State of Hawaiʻi’s conclusion that the readily available data and information do not require the identification of those water bodies “impaired.”  EPA did not agree with some of Hawaiʻi’s specific reasoning for not listing, the State of Hawaiʻi’s decision not to list particular waterbodies is reasonable.  

However, based on water-quality data, the EPA listed Kamilo Beach, located on the southern point of Hawaiʻi island, and Tern Island, an atoll known as Kanemilohaʻi in the Papahānaumokuākea Marine National Monument, as “impaired” by trash. That designation requires a daily limit for the trash at both locations, one of which is notorious for collecting debris that some call it “Plastic Beach” or “Junk Beach.” 

The State of Hawaiʻi has opposed this movement, which finds that the waterways “impaired” under the Clean Water Act, on the grounds, there were insufficient criteria for determining what amounts to plastic pollution in the waterways.  The EPA overruled the State of Hawaiʻi, saying that the state’s lack of formalized methodology was not an excuse to disregard the amount of pollution.  

David Forman, director of the Environmental Law Program at the University of Hawaiʻi’s law school, said the state of Hawaiʻi initially didn’t want to list any of the 19 water bodies environmentalists had sued to have designated impaired.  “So now, hopefully, this will force Hawaiʻi to change that tune and seriously address the problem of plastics in Hawaiʻi,” he said in a July 21 Associated Press article. 

The last day for public comment on the addition of Kamilo Beach and Kanemilohaʻi as impaired waterbodies by trash is August 19, 2020.  After considering public comments and making any revisions the EPA deems appropriate, the EPA will transmit the listing to the State of Hawaiʻi.  All interested persons wishing to comment on this designation may submit written comments to Eric Dubinsky at dubinsky.eric@epa.gov.

TLP 8/14/2020