187
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING A STUDY OF UNPLANNED RELEASES OF EMISSIONS 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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 1   
 2        WHEREAS, furthermore, the study 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, these incidents led to DOH contracting a
26   Compliance Coordinator for CIP to enhance emergency response
27   and communication between the State, industry, and the
28   surrounding residential community; and
29   
30        WHEREAS, for the past two years the Compliance Coordinator
31   for CIP has been a contracted position and DOH is in the
32   process of establishing a permanent Compliance Coordinator
33   position; and
34   
35        WHEREAS, concerned citizens who live and work in the area
36   are concerned about the health risks associated with unplanned
37   releases by the existing facilities at CIP and are wary about
38   allowing further growth at CIP which may result in more
39   frequent occurrences of unplanned releases; now, therefore,
40   
41        BE IT RESOLVED by the Senate of the Twentieth Legislature
42   of the State of Hawaii, Regular Session of 1999, the House of
43   Representatives concurring, that DOH convene a study group to
44   examine the following issues:
45   

 
 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1        (1)  The number and severity of unplanned releases of
 2             toxic emissions, the appropriateness and
 3             effectiveness of penalties, and the extent to which
 4             unplanned releases have approached or surpassed
 5             emission standards;
 6   
 7        (2)  The role of the community in planning for growth at
 8             CIP, including community input in the various
 9             permitting and zoning processes;
10   
11        (3)  Current ambient air quality standards and prevention
12             of significant deterioration increments, including
13             recommendations regarding enforcing stricter
14             standards than those currently in place; and
15   
16        (4)  The notification process for area residents,
17             including recommendations for improving the process;
18   
19   and
20   
21        BE IT FURTHER RESOLVED that the Director of Health convene
22   the study group comprised of representatives of the Department
23   of Business, Economic Development, and Tourism, the City and
24   County of Honolulu, the Makakilo/Kapolei/Honokai Hale
25   Neighborhood Board, the Waianae Neighborhood Board, Campbell
26   Local Emergency Action Network Committee, and owners of
27   facilities operating at CIP; and
28   
29        BE IT FURTHER RESOLVED that a member of the Senate and a
30   member of the House of Representatives, appointed by the
31   President of the Senate and the Speaker of the House of
32   Representatives, respectively, shall also serve on the study
33   group; and
34   
35        BE IT FURTHER RESOLVED that DOH shall report the findings
36   of the study group and any recommended legislation to the
37   Legislature no later than twenty days prior to the convening of
38   the Regular Session, 2000; and
39   
40        BE IT FURTHER RESOLVED that certified copies of this
41   Concurrent Resolution be transmitted to the President of the
42   Senate, the Speaker of the House of Representatives, Directors
43   of Health and Business, Economic Development, and Tourism, the
44   Mayor of the City and County of Honolulu, the Chairpersons of
45   the Makakilo/Kapolei/Honokai Hale Neighborhood Board, and the
46   Waianae Neighborhood Board, and the Chairperson of the Campbell
47   Local Emergency Action Network Committee.