Group News: Hawaiʻi Island
Hawaiʻi Island Group
Hu Honua - No More Loopholes
By Steve Holmes (Former U.S. Department of Energy National Energy Champion) | Reading Time: 2.5 minutes
A battle over wastewater injection wells at the Lahaina Wastewater Treatment Plant on Maui has finally ended as no further appeals will be forthcoming. Several community and environmental groups brought a lawsuit under the federal Clean Water Act years ago after scientists connected discharges from the injection wells to coastal water quality impacts.
Much of this goes back to the Hawai’i Department of Health, which has only reviewed injection wells under the Safe Drinking Water Act to the exclusion of the Clean Water Act. This has encouraged hundreds of wells below the Underground Injection Control Line but close to the ocean. It has left a terrible legacy of impaired coastal waters.
The same has been happening with the Department of Health review of thermal discharges from Hu Honua Biomass power plant injection wells, which are located right next to the sea cliff. Modeling work done shows a plume of impact into the ocean. Millions of gallons per day.
The receiving waters are federally designated critical habitat for false killer whales and Hawaiian monk seals. Endangered Hawaiian Hawksbill turtles also need consideration regarding impacts as they are known to frequent this area. A National Pollution Discharge Elimination System (NPDES) permit requires a federal level Environmental Impact Statement (EIS) and consultation with federal agencies under the Endangered Species Act. Years of studies and water quality monitoring. Little wonder that Hu Honua was trying to circumvent federal law.
Normally, NPDES permits are for ocean outfall pipes. The Department of Health has no administrative rules to address groundwater discharges. Just establishing such rules takes time. So, the more likely route would be to require design and construction of an outfall. More cost and more delay. In the meantime, no discharges would be allowed and that means no operations. Everything on hold. Even a final decision on the power purchase agreement is on hold until the EIS is done and permit granted. A huge setback, but one that could have been foreseen as they attempted to circumvent federal law.
The very fact that Hu Honua is using so much cooling water tells you just how inefficient their technology is. Basic physics. Heat is energy. They could have invested in heat exchangers to capture that energy, but didn’t. Little wonder the cost for energy and rates to consumers is so high. It is an archaic technology.
With the Maui victory resolved, injection wells statewide will come under pressure. The EPA has already taken action to withdraw a pro-polluter Guidance letter issued under Trump that misconstrued the Supreme Court decision. Appeals are already being made to EPA Region 9 to follow the clear direction set out by the court. The loophole allowed by the Hawai’i Department of Health is at an end. Hu Honua needs to follow the law.
Hawaiʻi County Ban on Glyphosate-based Herbicides Moves Forward
By Blake Watson | Reading Time: 2 minutes
Glyphosate, the active ingredient in the world’s most commonly used herbicide Roundup (now sold under many other names), has been under fire for its negative health and environmental effects for many years now. While the county nearly passed a broad ban on all synthetic herbicides on county lands 2 years ago, Councilmember Rebecca Villegas has introduced a scaled down bill to just ban herbicides that contain Glyphosate, and to do so just within county lands considered under the purview of the parks department – with the exception to the Hilo Municipal Golf Course and the Hilo Dragstrip.
While it would be preferable to ban Glyphosate in all county lands, it does make sense to have a law passed that protects the most vulnerable population to the effects of pesticides as a solid first step. In 2012, the American Academy of Pediatrics (AAP) released a landmark policy statement, Pesticide Exposure in Children, on the health impacts of pesticide use around children, acknowledging the risks posed by both acute and chronic exposure.[1] AAP’s statement notes that, “Children encounter pesticides daily and have unique susceptibilities to their potential toxicity.” The report discusses how kids are exposed to pesticides every day in air, food, dust, and soil. Children also frequently come into contact with pesticide residues on treated lawns, playing fields, pets, and indoor spaces.
As the U.S. Environmental Protection Agency (EPA) points out in its document, Pesticides and Their Impact on Children: Key Facts and Talking Points: [2]
“Due to key differences in physiology and behavior, children are more susceptible to environmental hazards than adults.”
“Children spend more time outdoors on grass, playing fields, and play equipment where pesticides may be present.”
“Children’s hand-to-mouth contact is more frequent, exposing them to toxins through ingestion.”
There is no transition period for the law to go into effect, and this aligns well with the statements made by the Director of Parks and Recreation at the first hearing of this bill – that “we have already reduced the use of glyphosate to nearly zero at county parks - with the exception of spraying fence lines.” Bill 91 passed its first committee meeting, and now goes to the full council. The next hearing will be on December 8th in the early afternoon (not on the agenda yet as of this writing).
[1] EPA. ND. Pesticides and Their Impact on Children: Key Facts and Talking Points. https://www.epa.gov/sites/production/files/2015-12/documents/pest-impact-hsstaff.pdf
[2] Roberts JR, Karr CJ; Council On Environmental Health. 2012. Pesticide exposure in children. Pediatrics. 2012 Dec; 130(6):e1765-88.
2 EPA. ND. Pesticides and Their Impact on Children: Key Facts and Talking Points. https://www.epa.gov/sites/production/files/2015-12/documents/pest-impact-hsstaff.pdf
Sierra Club Hawaiʻi Chapter Testifies on Keauhou Aquifer
by Steve Holmes | Reading time: 2.5 minutes
Our new Chapter Director Wayne Tanaka recently testified before the State Commission on Water Resource Management (CWRM). The National Park Service failed in a petition for Water Management Designation and is now seeking an adaptive management approach to address groundwater withdrawals that could impact park resources. It is clear with climate change and sea level rise that maintaining a balance of freshwater from the mountain is critical.
Historically, the Hawai’i County Department of Water Supply (DWS) has focused on development of high elevation wells that are constantly breaking down. When this happens, it causes remaining wells to pump harder which creates saltwater encroachment. Drinking water quality is impacted.
Upgrading the County Kealakehe wastewater treatment plant to R-1 standards (the highest) for water recycling would reduce demand on the wells while extending sustainable yield and protecting park resources. It would end the current illegal dumping of wastewater into a sump that is impacting coastal water quality. It would pay for itself by generating revenue.
The Honolulu Board of Water Supply has actively embraced water recycling in partnership with Veolia, a private company which entered into a design, build, and operate contract. It is an award-winning facility and is part of an integrated water resource plan. It is actually cheaper than new source development. Billions of gallons have been recycled.
Hawai’i County DWS could show the same leadership. They have the customer base and could easily determine where to put water recycling pipelines to maximize efficiency. They already handle billing for potable water and they stand to benefit from reduced demand on their wells. They maintain waterlines. All the pieces are there, but they need a push.
So far CWRM seems focused on monitoring wells and computer models. They want to study the problem more. But one approach to get them to take a more active role is to file an appeal to their denial of designation in state court. The other legal avenue is for the National Park Service to work with the Department of Justice and go into federal court.
The Sierra Club can also put pressure on the county over the illegal discharges, much as we did on Maui with the Lahaina Wastewater injection wells. This could take the form of working with the Environmental Protection Agency (EPA) Region 9 on administrative actions like a consent decree. With the Biden EPA, we have a new opportunity, and have already been in active discussions. The EPA has already rolled back a pro-polluter Guidance letter sent out under the Trump Administration, and we now have the victory before the U.S. Supreme Court as an argument.
The other pressure point is the Water Use and Development Plan presently before the county council. The Sierra Club testified there as well. The council actually has the authority to just re-write the plan if DWS refuses to do so. They already delayed adoption, hoping DWS would make changes, but sadly no movement. The county has an affirmative duty to protect water as a Public Trust Resource under our State Constitution. We need them to follow their oath of office.