84
THE SENATE                           S.R. NO.              S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  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
38   
39        WHEREAS, furthermore, the study concluded that CIP could
40   accommodate new facilities and the expansion of existing
41   facilities; and

 
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 1   
 2        WHEREAS, air quality impacts due to unplanned releases
 3   were not within the scope of the AQATF, but they are recognized
 4   as incidents that do occur and that have resulted in
 5   evacuations, fugitive odors, and emissions; and
 6   
 7        WHEREAS, an unplanned release, generally, is the result of
 8   a malfunction in the permitted air pollution control process of
 9   a facility; and
10   
11        WHEREAS, in November, 1995, an unplanned release of sulfur
12   dioxide from BHP Petroleum into the air caused several
13   businesses to be evacuated and people to be treated at
14   hospitals; and
15   
16        WHEREAS, in the winter of 1995 to 1996, there were several
17   other unplanned releases from BHP Petroleum and Chevron
18   Products, Co., and each company was fined $100,000 by the
19   State; and
20   
21        WHEREAS, these incidents led to DOH contracting a
22   Compliance Coordinator for CIP to enhance emergency response
23   and communication between the State, industry, and the
24   surrounding residential community; and
25   
26        WHEREAS, for the past two years the Compliance Coordinator
27   for CIP has been a contracted position and DOH is in the
28   process of establishing a permanent Compliance Coordinator
29   position; and
30   
31        WHEREAS, concerned citizens who live and work in the area
32   are concerned about the health risks associated with unplanned
33   releases by the existing facilities at CIP and are wary about
34   allowing further growth at CIP which may result in more
35   frequent occurrences of unplanned releases; now, therefore,
36   
37        BE IT RESOLVED by the Senate of the Twentieth Legislature
38   of the State of Hawaii, Regular Session of 1999, that DOH
39   convene a study group to examine the following issues:
40   
41        (1)  The number and severity of unplanned releases of
42             toxic emissions, the appropriateness and
43             effectiveness of penalties, and the extent to which
44             unplanned releases have approached or surpassed
45             emission standards;
46   

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

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