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


                     SENATE CONCURRENT
                        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
38   

 
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 1        WHEREAS, the study further concluded that CIP could
 2   accommodate new facilities and the expansion of existing
 3   facilities; and
 4   
 5        WHEREAS, air quality impacts due to unplanned releases
 6   were not within the scope of the AQATF, but they are recognized
 7   as incidents that do occur and that have resulted in
 8   evacuations, fugitive odors, and emissions; and
 9   
10        WHEREAS, an unplanned release, generally, is the result of
11   a malfunction in the permitted air pollution control process of
12   a facility; and
13   
14        WHEREAS, in November, 1995, an unplanned release of sulfur
15   dioxide from BHP Petroleum into the air caused several
16   businesses to be evacuated and people to be treated at
17   hospitals; and
18   
19        WHEREAS, in the winter of 1995 to 1996, there were several
20   other unplanned releases from BHP Petroleum and Chevron
21   Products, Co., and each company was fined $100,000 by the
22   State; and
23   
24        WHEREAS, in November, 1999, a large amount of sulfuric
25   acid was discharged from a C. Brewer Chemical Company storage
26   facility, the mitigation of which has not been completed; and
27   
28        WHEREAS, concerned citizens who live and work in the area
29   are concerned about the health risks associated with unplanned
30   releases by the existing facilities at CIP and are wary about
31   allowing further growth at CIP which may result in more
32   frequent occurrences of unplanned releases; now, therefore,
33   
34        BE IT RESOLVED by the Senate of the Twentieth Legislature
35   of the State of Hawaii, Regular Session of 2000, the House of
36   Representatives concurring, that the Hawaii state emergency
37   response commission is requested to assess the risk posed to
38   the public and the environment by facilities with above ground
39   chemical storage tanks (ASTs) at Campbell Industrial Park.
40   ASTs governed under 40 CFR 112 (petroleum-containing) are to be
41   excluded from this evaluation since the federal provisions have
42   requirements for system design, inspection, and contingency
43   planning.]  Areas of evaluation to include: 
44   

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

 
 1        (1)  The type, volume, and toxicity of chemicals on site
 2             at the facilities with ASTs;
 3   
 4        (2)  The level of danger that a spill or release of the
 5             chemicals may pose to employees of the facility,
 6             residents of the immediate surrounding area, the
 7             water table, and the environment;
 8   
 9        (3)  Historical reports on past spills or releases at the
10             facilities;
11   
12        (4)  Above ground storage tank requirements in other
13             states;
14   
15        (5)  Applicable insurance, industry trade association, or
16             other industry standards regarding above ground
17             storage tanks; 
18   
19        (6)  The role of the fire department in a tank inspection
20             program, including resource and program cost
21             requirements;
22   
23        (7)  The need for a requirement that facilities handling
24             or dealing in chemicals, gasoline, wastes, and other
25             potentially toxic substances file a spill prevention
26             plan with the department of health; and
27   
28        (8)  The adequacy of emergency measures, including
29             manpower, equipment, and other resources, to mitigate
30             any spill or release of chemicals.
31   
32        The commission shall conduct a preliminary assessment of
33   chemical facilities at Campbell Industrial Park.  Based on this
34   preliminary review, the commission shall identify the chemical
35   facilities that may pose the greatest risks to human health and
36   the environment for further study. 
37   
38        The commission shall report its findings and
39   recommendations, including proposed rules and legislation if
40   necessary, to reduce the risks of chemical spills or releases
41   to the legislature no later than twenty days prior to the
42   convening of the regular session of 2002.
43   

 
 
 
 
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                                  S.C.R. NO.            S.D. 1
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 1        BE IT FURTHER RESOLVED that certified copies of this
 2   Resolution be transmitted to the Director of Health, the
 3   Honolulu Fire Department, and the Hawaii State Emergency
 4   Response Commission. 
 5