62
THE SENATE                           S.R. NO.              S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  RESOLUTION

  REQUESTING A STUDY OF UNPLANNED RELEASES OF EMISSIONS AND
    SPILLS BY FACILITIES AT CAMPBELL INDUSTRIAL PARK.


 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
36   welfare as compared to the National Ambient Air Quality
37   Standards; and

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1   
 2        WHEREAS, the study further concluded that CIP could
 3   accommodate new facilities and the expansion of existing
 4   facilities; and
 5   
 6        WHEREAS, air quality impacts due to unplanned releases
 7   were not within the scope of the AQATF, but they are recognized
 8   as incidents that do occur and that have resulted in
 9   evacuations, fugitive odors, and emissions; and
10   
11        WHEREAS, an unplanned release, generally, is the result of
12   a malfunction in the permitted air pollution control process of
13   a facility; and
14   
15        WHEREAS, in November, 1995, an unplanned release of sulfur
16   dioxide from BHP Petroleum into the air caused several
17   businesses to be evacuated and people to be treated at
18   hospitals; and
19   
20        WHEREAS, in the winter of 1995 to 1996, there were several
21   other unplanned releases from BHP Petroleum and Chevron
22   Products, Co., and each company was fined $100,000 by the
23   State; and
24   
25        WHEREAS, in November, 1999, a large amount of sulfuric
26   acid 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
33   frequent occurrences of unplanned releases; now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 2000, that the DOH
37   is requested to convene a Campbell Industrial Park task force
38   to examine the following issues:
39   
40        (1)  The number and severity of unplanned releases of
41             toxic emissions and spills over the past five years,

 
 
 
 
 
 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1             the appropriateness and effectiveness of current
 2             laws, regulations, and penalties governing releases
 3             of toxic emissions and spills, and the extent to
 4             which unplanned releases of toxic emissions and
 5             spills have approached or surpassed standards;
 6   
 7        (2)  The role of the community in planning for growth at
 8             Campbell Industrial Park, including community input
 9             in the various permitting and zoning processes;
10   
11        (3)  Current ambient air quality standards and prevention
12             of significant deteriorating increments;
13   
14        (4)  The process for notifying area residents of unplanned
15             releases of toxic emissions;
16   
17        (5)  The need for hazardous material aboveground storage
18             tank procedures and requirements;
19   
20        (6)  Aboveground storage tank requirements in other
21             states;
22   
23        (7)  Applicable insurance, industry trade association, or
24             other industry standards regarding aboveground
25             storage tanks; 
26   
27        (8)  The role of the fire department in a tank inspection
28             program, including resource and program cost
29             requirements; and
30   
31        (9)  The need for a requirement that facilities handling
32             or dealing in chemicals, gasoline, wastes, and other
33             potentially toxic substances file a spill prevention
34             plan with the department of health;
35   
36   and
37   
38        BE IT FURTHER RESOLVED that the task force be composed of
39   representatives from the the City and County of Honolulu, the
40   Makakilo/Kapolei/Honokai Hale Neighborhood Board, the Waianae
41   Neighborhood Board, and the Campbell Local Emergency Action
42   Network; three representatives of the owners or operators of

 
 
 
 
 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1   facilities operating at Campbell Industrial Park; the Hawaii
 2   State Emergency Response Commission; a representative of the
 3   Honolulu Fire Department Hazmat Unit; the local emergency
 4   planning committees; a member of the Senate appointed by the
 5   Senate President; a member of the House of Representatives
 6   appointed by the Speaker of the House; and a member of the
 7   Honolulu City Council appointed by the Council Chairperson; and
 8   
 9        BE IT FURTHER RESOLVED that the task force report its
10   findings and recommendations, that may include recommendations
11   for stricter ambient air quality standards, an improved
12   notification process in the event of an unplanned release of
13   toxic emissions and spills, and statutory and regulatory
14   changes, in an interim report to the Legislature no later than
15   twenty days prior to the convening of the Regular Session of
16   2001, and in a final report to the Legislature no later than
17   twenty days prior to the convening of the Regular Session of
18   2002; and
19   
20        BE IT FURTHER RESOLVED that certified copies of this
21   Resolution be transmitted to the President of the Senate, the
22   Speaker of the House of Representatives, the Director of
23   Health, the Chairperson of the Honolulu City Council, the
24   Honolulu Fire Department, the Chairpersons of the
25   Makakilo/Kapolei/Honokai Hale Neighborhood Board and the
26   Waianae Neighborhood Board, the Chairperson of the Campbell
27   Local Emergency Action Network Committee, and the Hawaii State
28   Emergency Response Commission.