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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING A STUDY OF UNPLANNED RELEASES OF EMISSIONS BY
    FACILITIES AT CAMPBELL INDUSTRIAL PARK, A STUDY OF ABOVE
    GROUND CHEMICAL STORAGE TANKS, AND A STUDY OF THE
    DEPARTMENT OF HEALTH ENVIRONMENTAL HOTLINES.


 1        WHEREAS, Campbell Industrial Park (CIP) is an important
 2   resource to the State because of the services provided by the
 3   industrial facilities located in the park; and
 4   
 5        WHEREAS, major industries within CIP that release air
 6   pollutants into the atmosphere include two refineries, two
 7   power plants, several concrete/cement related sources, and a
 8   resource recovery facility; and
 9   
10        WHEREAS, there is currently no other area on the island of
11   Oahu that can easily accommodate new heavy industrial
12   facilities; and
13   
14        WHEREAS, homes, schools, and commercial development are
15   located in close proximity to CIP; and
16   
17        WHEREAS, Act 146, Session Laws of Hawaii 1997, was enacted
18   to provide mechanisms for the Department of Health (DOH) to
19   adopt risk-based strategies to handle current and potential
20   environmental problems at CIP and throughout the State; and
21   
22        WHEREAS, the Campbell Industrial Park/Kahe Area Air
23   Quality Advisory Task Force (AQATF) was convened pursuant to
24   Act 146 to develop the long-term plans that are critical to
25   maximizing the potential for industrial growth needed to serve
26   the community while maintaining a healthy and sound environment
27   for residents; and
28   
29        WHEREAS, the AQATF oversaw the completion of a study to
30   evaluate existing air quality in CIP and Kahe Valley and the
31   potential for industrial growth at CIP; and
32   
33        WHEREAS, this study concluded that, under normal operating
34   conditions at the industrial facilities, air pollutant
35   concentration levels do not pose a threat to public health and

 
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 1   welfare as compared to the National Ambient Air Quality
 2   Standards; and
 3   
 4        WHEREAS, the study further concluded that CIP could
 5   accommodate new facilities and the expansion of existing
 6   facilities; and
 7   
 8        WHEREAS, air quality impacts due to unplanned releases
 9   were not within the scope of the AQATF, but they are recognized
10   as incidents that do occur and that have resulted in
11   evacuations, fugitive odors, and emissions; and
12   
13        WHEREAS, an unplanned release, generally, is the result of
14   a malfunction in the permitted air pollution control process of
15   a facility; and
16   
17        WHEREAS, in November, 1995, an unplanned release of sulfur
18   dioxide from BHP Petroleum into the air caused several businesses
19   to be evacuated and people to be treated at hospitals; and
20   
21        WHEREAS, in the winter of 1995 to 1996, there were several
22   other unplanned releases from BHP Petroleum and Chevron Products,
23   Co., and each company was fined $100,000 by the State; and
24   
25        WHEREAS, in November, 1999, a large amount of sulfuric acid
26   was discharged from a C. Brewer Chemical Company storage
27   facility, the mitigation of which has not been completed; and
28   
29        WHEREAS, concerned citizens who live and work in the area
30   are concerned about the health risks associated with unplanned
31   releases by the existing facilities at CIP and are wary about
32   allowing further growth at CIP which may result in more frequent
33   occurrences of unplanned releases; and
34   
35        WHEREAS, the DOH has initiated a study on unplanned air
36   releases and is expected to complete it in June, 2000; now,
37   therefore,
38   
39        BE IT RESOLVED by the Senate of the Twentieth Legislature of
40   the State of Hawaii, Regular Session of 2000, the House of
41   Representatives concurring, that the DOH is requested to transmit
42   copies of its findings and recommendations of its study on

 
 
 
 
 
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 1   unplanned releases to the members of the AQATF as well as the
 2   City and County of Honolulu, the Makakilo/Kapolei/Honokai Hale
 3   Neighborhood Board, the Waianae Neighborhood Board, the Campbell
 4   Local Emergency Action Network, the Hawaii State Emergency
 5   Response Commission (HSERC), the Honolulu Fire Department HAZMAT
 6   Unit, the local emergency planning committees, the Senate Labor
 7   and Environment Committee Chair, the House of Representatives
 8   Energy and Environmental Protection Committee Chair, and the
 9   Honolulu City Council; and 
10   
11        BE IT FURTHER RESOLVED that the parties receiving the above
12   findings and recommendations are requested to provide comments
13   and responses to the DOH; and
14   
15        BE IT FURTHER RESOLVED that the DOH is requested to report
16   its findings and recommendations to the Legislature including the
17   parties' comments and responses no later than twenty days before
18   the convening of the Regular Session of 2001; and
19   
20        BE IT FURTHER RESOLVED that the HSERC is requested to assess
21   the risk posed to chemical storage tanks (ASTs) at Campbell
22   Industrial Park; provided that ASTs governed under 40 CFR 112
23   (petroleum-containing) are to be excluded from this evaluation
24   since the federal provisions have requirements for system design,
25   inspection, and contingency planning; and provided further that
26   the areas of evaluation are to include:
27   
28        (1)  The type, volume, and toxicity of chemicals on site at
29             the facilities with ASTs;
30        
31        (2)  The level of danger that a spill or release of the
32             chemicals may pose to employees of the facility,
33             residents of the immediate surrounding area, the water
34             table, and the environment;
35   
36        (3)  Historical reports on past spills or releases at the
37             facilities;
38        
39        (4)  Above ground storage tank requirements in other states;
40   
41        (5)  Applicable insurance, industry trade association, or
42             other industry standards regarding above ground storage

 
 
 
 
 
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 1             tanks;
 2   
 3        (6)  The role of the fire department in a tank inspection
 4             program, including resource and program cost
 5             requirements;
 6   
 7        (7)  The need for a requirement that facilities handling or
 8             dealing in chemicals, gasoline, wastes, and other
 9             potentially toxic substances file a spill prevention
10             plan with the DOH; and
11   
12        (8)  The adequacy of emergency measures, including manpower,
13             equipment, and other resources, to mitigate any spill
14             or release of chemicals;
15   
16        and
17   
18        BE IT FURTHER RESOLVED that the HSERC is requested to
19   conduct a preliminary assessment of chemical facilities at
20   Campbell Industrial Park, and based on this preliminary review,
21   the HSERC is requested to identify the chemical facilities that
22   may pose the greatest risks to human health and the environment
23   for further study; and
24   
25        BE IT FURTHER RESOLVED that the HSERC is requested to report
26   its findings and recommendations, including proposed rules and
27   legislation if necessary, to reduce the risks of chemical spills
28   or releases to the Legislature no later than twenty days prior to
29   the convening of the Regular Session of 2002; and 
30   
31        BE IT FURTHER RESOLVED that the DOH is requested to assess
32   the effectiveness of its environmental hotlines in carrying out
33   their intended purposes and to report its findings and
34   recommendations to the Legislature no later than twenty days
35   prior to the convening of the Regular Session of 2001; and
36   
37        BE IT FURTHER RESOLVED that certified copies of this
38   Concurrent Resolution be transmitted to the President of the
39   Senate, the Speaker of the House of Representatives, the Director
40   of Health, the Chairperson of the Honolulu City Council, the
41   Honolulu Fire Department, the Chairpersons of the
42   Makakilo/Kapolei/Honokai Hale Neighborhood Board and the Waianae

 
 
 
 
 
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 1   Neighborhood Board, the Chairperson of the Campbell Local
 2   Emergency Action Network Committee, the Chairperson of the Hawaii
 3   State Emergency Response Commission, and the Chairperson and
 4   members of the Campbell Industrial Park/Kahe Area Air Quality
 5   Advisory Task Force.