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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 9
	

THE DEPARTMENT OF HEALTH
	

STATE OF HAWAII
	

IN THE MATTER OF:
	

) 

THE UNITED STATES DEPARTMENT 

OF THE NAVY 

AND 

DEFENSE LOGISTICS AGENCY 

RESPONDENTS 

RED HILL BULK FUEL STORAGE 

FACILITY, OAHU, HAWAII 

EPA DKT NO. RCRA 7003-R9-2015-01 

DOH DKT NO. 15-UST-EA-01 

ADMINISTRATIVE ORDER ON CONSENT 

1. INTRODUCTION 

(a) This administrative order on consent (“AOC”) is entered into voluntarily by the 

DEPARTMENT OF HEALTH, STATE OF HAWAII (“DOH”); the UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY (“EPA”) Region 9; the UNITED STATES 

DEPARTMENT OF THE NAVY (“Navy”), acting by and through the COMMANDER, NAVY 

REGION HAWAII (“CNRH”); and DEFENSE LOGISTICS AGENCY (“DLA”). DOH, EPA, 

Navy, and DLA are collectively referred to as the “Parties.” DOH and EPA are collectively 

referred to as the “Regulatory Agencies.” This AOC is a joint administrative action taken by the 

DOH and EPA concurrently and pursuant to their respective state and federal authorities to 

regulate underground storage tanks (“USTs”) and waste and to protect drinking water, natural 

resources, human health, and the environment. 

(b) This AOC provides for the performance by Navy and DLA of a release 

assessment, response(s) to release(s), and actions to minimize the threat of future releases in 
 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

connection with the field-constructed bulk fuel USTs, surge tanks, pumps, and associated piping 

at the Red Hill Bulk Fuel Storage Facility (“Facility”), located near Pearl Harbor, on the island of 

Oahu in the State of Hawaii, and on any property that may be affected now or in the future by 

petroleum or other substances released from the Facility, as specified in Attachment A 

(“Statement of Work” or “SOW”). The term “Site” as used in this AOC includes the Facility and 

any area where petroleum or other substances released from the Facility come to be located. The 

primary objectives of this AOC are to take steps to ensure that the groundwater resource in the 

vicinity of the Facility is protected and to ensure that the Facility is operated and maintained in 

an environmentally protective manner. 

(c) Navy and DLA’s participation in this AOC shall not constitute or be construed as 

an admission of liability. Navy and DLA neither admit nor deny the factual allegations and legal 

conclusions set forth in this AOC (Sections 4 and 5, Findings of Fact and Conclusions of Law). 

(d) The Parties acknowledge that this AOC has been negotiated in good faith and that 

this AOC is fair, reasonable, protective of human health and the environment, and is in the public 

interest. 

2. JURISDICTION 

(a) The State of Hawaii obtained EPA state program approval, effective on 

September 30, 2002, for Hawaii’s UST program to operate in lieu of EPA’s UST program under 

Subtitle I of the Resource Conservation and Recovery Act of 1976 (“RCRA”), as amended, 42 

United States Code (“U.S.C.”) § 6901 et seq. DOH enters into this AOC in accordance with its 

authority, vested in the Director of Health, to regulate USTs in conformance with EPA state 

program approval and the provisions of chapters 340E, 342D and 342L of the Hawaii Revised 

Statutes (“HRS”) and the rules promulgated pursuant thereto. 

(b) EPA Region 9 enters into this AOC pursuant to the authority vested in the 

Administrator of EPA by Section 7003 of RCRA, 42 U.S.C. § 6973, which authority has been 

delegated to the Regional Administrators of EPA by Delegations 8-22-A and 8-22-C (April 20, 

1994), and redelegated to, among others, the Director of the Land Division of EPA Region 9 by 

Delegations R9-8-22-A (October 10, 2014) and R9-8-22-C (October y 10, 2014). 

(c) Navy and DLA agree to undertake and complete all actions required by the terms 

and conditions of this AOC. 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

3. PARTIES BOUND 

(a) This AOC shall apply to and be binding upon the Parties and their successors and 

assigns. Navy and DLA are jointly and severally liable under this AOC. 

(b) Navy and DLA shall notify the Regulatory Agencies in writing as soon as the 

decision to transfer or sell any property covered by this AOC is known by Navy or DLA but no 

later than prior to the sale or transfer. In addition, Navy and DLA shall provide a copy of this 

AOC to any successor to the Site prior to the effective date of such change. No change in 

ownership or operation of any property covered by this AOC or in the status of Navy and DLA 

shall in any way alter, diminish, or otherwise affect Navy and DLA's obligations and 

responsibilities under this AOC, except by agreement of the Parties in accordance with Section 8 

or as required by subsequently enacted legislation pertaining to transfer of the Facility. 

(c) Navy and DLA shall provide a copy of the AOC, or a website address for 

accessing this AOC, to all of its supervisory personnel who work on actions related to this AOC 

and prime contractors or prime consultants retained to conduct or monitor any portion of work 

performed pursuant to this AOC within seven (7) days of the date that the last Party signs the 

AOC as described in Section 25 (“Effective Date”) or date of such retention, whichever is later. 

Navy and DLA shall condition all contracts with the aforementioned on compliance with the 

terms and conditions of this AOC. Navy and DLA shall instruct all supervisory personnel who 

work on actions related to this AOC and prime contractors or prime consultants retained to 

conduct or monitor any portion of work to perform such work in accordance with the 

requirements of this AOC. 

4. FINDINGS OF FACT 

(a) CNRH is a division of Navy. CNRH is the command responsible for providing, 

maintaining, and improving shore infrastructure, service, support, and training to enable fleet 

operations; CNRH oversees all Navy supporting commands involved in the operation or 

maintenance of the Facility. 

(b) DLA is a combat logistics support agency of the United States Department of 

Defense (“DoD”) providing the military services with the full spectrum of logistics, acquisition, 

and technical services. As the DoD executive agent for bulk petroleum, DLA executes the 

integrated materiel management responsibility for bulk petroleum owned by the DoD and is 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

responsible for bulk petroleum supply management from source of supply to the point of 

customer acceptance, with emphasis on improving efficiency. In accordance with DoD policy, 

DLA plans, programs, budgets, and provides funding for the operation, maintenance and repair 

of the Facility. 

(c) Navy and DLA are the operators of the Facility. 

(d) The Facility is located near Pearl Harbor on the island of Oahu, State of Hawaii. 

(e) The Facility includes twenty (20) field-constructed steel USTs (“Tanks”). The 

Tanks are constructed of steel, encased by an estimated minimum of 2.5 to 4 feet of concrete 

surrounded and supported by basalt bedrock. 

(f) Each tank has a fuel storage capacity ranging from approximately 12.5 to 12.7 

million gallons for a total of approximately 250 million gallons of fuel. However, as of the 

Effective Date of this AOC, two (2) of the twenty (20) Tanks are not currently in operation. 

(g) The Facility was constructed and became operational in the 1940s. The Tanks and 

related components at the Facility are unique. 

(h) Federal and State programs for the management of USTs were first published in 

the 1980s. In January 2000, the State of Hawaii promulgated rules requiring owners and 

operators of such facilities to report suspected or confirmed releases from USTs. EPA granted 

final approval for the State of Hawaii’s UST program on September 30, 2002, in lieu of Federal 

rules regarding USTs. On November 18, 2011, EPA proposed revisions to strengthen the 1988 

Federal UST regulations including requirements for field-constructed USTs and new 

requirements for secondary containment and operator training. On April 16, 2012, the public 

comment period for the proposed regulations closed. Under the proposed rules, most provisions 

of the proposed regulations would become effective three years after the final rule is issued. 

(i) The Tanks at the Facility have been used at various times to store the following 

fuels: diesel marine fuel, diesel oil, Navy Special Fuel Oil (“NSFO”), Navy distillate (“ND”), 

aviation gasoline (“AVGAS”), motor gas (“MOGAS”), Jet Propulsion Fuel No. 5 (“JP-5”) and 

Jet Propulsion Fuel No. 8 (“JP-8”). 

(j) As of the Effective Date of this AOC, Navy stores three types of fuels at the 

Facility: JP-5, JP-8, and diesel marine fuel. 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

(k) The Waimalu and Moanalua Aquifers (“Aquifer identification and classification 

for Oahu: Groundwater protection strategy for Hawaii,” February 1990), which are underground 

sources of drinking water, are located near the Facility. The Waimalu Aquifer covers an area of 

15,193 acres and the Moanalua Aquifer covers an area of 4,442 acres. 

(l) Navy Well 2254-01 is located west and hydraulically downgradient from the 

Facility. This well feeds into the Joint Base Pearl Harbor-Hickam Water System. 

(m) The Honolulu Board of Water Supply’s (“BWS”) Halawa Shaft, which is part of a 

public water system, is near the Facility. 

(n) The BWS’s Moanalua Well, which is part of a public water system, is near the 

Facility. 

(o) The first report by Navy to DOH of a release from the Facility occurred on 

November 10, 1998, when petroleum-stained basalt cores were discovered beneath the Tanks. 

(p) In the early 2000s, Navy performed transverse cores beneath each tank and 

discovered evidence of staining beneath nineteen (19) of twenty (20) Tanks. 

(q) On December 9, 2013, Navy placed one of the Tanks (Tank #5) at the Facility 

back into service after it had undergone routine scheduled maintenance. The maintenance work 

consisted of cleaning, inspecting, and repairing multiple sites within the tank. Upon placing Tank 

#5 back into service, Navy commenced filling the tank with petroleum. 

(r) On January 13, 2014, Navy discovered a loss of fuel from Tank #5 and 

immediately notified DOH and EPA. On January 13, 2014, Navy began transferring fuel from 

Tank #5 to other Tanks at the Facility. The transfer of all fuel from Tank #5 was completed on 

January 18, 2014. On January 16, 2014, Navy verbally notified DOH and EPA of a confirmed 

release from Tank #5. On January 23, 2014, Navy provided written notification to DOH. Navy 

estimates the fuel loss at approximately 27,000 gallons. 

(s) The total amount released to the environment, both attributable to the January 

2014 event and historical releases, is unknown. 

(t) Following the January 2014 release, Navy increased the frequency of monitoring 

and performed additional monitoring of Navy Well 2254-01 and shall continue to monitor Navy 

Well 2254-01 in accordance with the Groundwater Protection Plan approved by DOH and that 

will be updated in accordance with the SOW. Current drinking water monitoring results 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

confirmed compliance with federal and state Maximum Contaminant Levels for drinking water 

both before and after the January 2014 release. 

(u) Marine diesel and jet fuels in general, and Jet Propulsion Fuels 5 and 8 (JP-5 and 

JP-8) in particular, are composed of a broad, dynamic and heterogeneous mixture of chemical 

constituents. Chronic exposure to these constituents can be harmful to human health. The rates at 

which these constituents naturally degrade in the environment are highly variable. 

5. CONCLUSIONS OF LAW AND DETERMINATIONS 

(a) Hawaii Conclusions of Law and Determinations: 

(i) Navy and DLA are “persons” as defined in HRS §342L-1 [40 C.F.R. 

§ 280.12]. 

(ii) Navy is the “owner” of the Facility as defined in HRS §342L-1 [40 C.F.R. 

§ 280.12]. 

(iii) Navy and DLA are the “operators” of the Facility as defined in HRS 

§342L-1 [40 C.F.R. § 280.12]. 

(iv) The Waimalu and Moanalua Aquifers are “underground sources of 

drinking water” as that term is used in HRS chapter 340E and are “State Waters” as defined in 

HRS §342D-1. 

(v) BWS’s Halawa Shaft and Moanalua Well are parts of a “public water 

system” as defined in HRS §340E-1 and are “State Waters” as defined in HRS §342D-1. 

(vi) There have been “releases” of “regulated substances” into the environment 

from Tanks at the Facility, as those terms are defined by HRS §342L-1 [40 C.F.R. § 280.12]. 

(vii) There have been releases of “contaminants” into the environment from 

Tanks at the Facility, as that term is defined in HRS §340E-1. 

(viii) There have been discharges of “wastes” and “water pollutants” as those 

terms are defined in HRS §342D-1. 

(ix) Navy and DLA, as the owner and/or operator of the Facility are 

subject to requirements regarding response and remediation in HRS chapter 342L and Hawaii 

Administrative Rules (“HAR”) chapter 11-281 [40 C.F.R. § 280 Subpart E] and are subject to 

orders which may be necessary to protect the health of persons who are or may be users of a 

public water system as provided in HRS chapter 340E and the rules promulgated pursuant 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

thereto including, but not limited to, HAR §11-19 and 11-20, and are subject to administrative 

orders and civil actions which are necessary to address discharges to state waters as provided for 

in HRS chapter 342D. Additionally, the Facility, which is federally owned and operated, is 

subject to “all administrative orders and all civil and administrative penalties or fines, regardless 

of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, 

intermittent, or continuing violations in the same manner and to the same extent as any person is 

subject to such requirements,” as codified in 42 U.S.C. § 6991f. 

(x) The actions Navy and DLA have agreed to perform in accordance with 

this AOC are necessary to address potential impacts to human health, safety and the 

environment, as envisioned by HRS §§ 340E-4, 342D-9, 342D-10, 342D-11, 342L-8, 342L-9 

and 342L-52, due to historical, recent and potential future releases at the Facility. 

(b) EPA Conclusions of Law and Determinations: 

(i) Navy and DLA are "persons" as defined in Section 1004(15) of RCRA, 42 

U.S.C. § 6903(15). 

(ii) EPA has determined that any fuel released from the Facility would be a 

“solid waste” within the meaning of Section 1004(27) of RCRA, 42 U.S.C. § 6903(27). 

(iii) EPA has determined that Navy and DLA have contributed to or are 

contributing to the handling, storage, treatment, transportation or disposal of solid waste at the 

Facility. 

(iv) EPA has determined that Navy and DLA's handling, storage, treatment, 

transportation, or disposal of solid waste may present an imminent and substantial endangerment 

to health or the environment. 

(v) The actions required by this AOC may be necessary to protect health and 

the environment. 

(vi) Navy and DLA are departments, agencies or instrumentalities of the 

Executive Branch of the federal government, and as such, are persons subject to the requirements 

of Sections 6001 and 9007 of RCRA, 42 U.S.C. §§ 6961, 6991f. 

6. WORK TO BE PERFORMED 

(a) Based upon the administrative record for the Site and the Findings of Fact 

(Section 4) and Conclusions of Law and Determinations (Section 5) set forth above, and in 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

consideration of the promises set forth herein, it is hereby agreed to and ordered that Navy and 

DLA comply with all provisions of this AOC, including, the SOW, Attachment A, which is 

incorporated into and made an enforceable part of this AOC. The term “Work” shall mean all the 

activities and requirements, including but not limited to all deliverables, specified in the AOC 

and SOW. A deliverable is any report or other document listed under Section 9 of the SOW or 

otherwise expressly required to be submitted under this AOC. 

(b) The Work undertaken pursuant to this AOC shall be conducted in accordance 

with all applicable EPA and DOH guidance, policies and procedures, and this AOC, and is 

subject to approval by the Regulatory Agencies. 

(c) Navy and DLA shall undertake and complete all of the Work to the satisfaction of 

the Regulatory Agencies. 

(d) Navy and DLA shall commence performing their obligations under this AOC 

upon its Effective Date. 

(e) The DOH Project Coordinator shall be DOH’s designated representative for the 

Site. As of the Effective Date of this AOC, the DOH Projector Coordinator shall be: 

Steven Y.K. Chang, P.E., Chief
	

Solid and Hazardous Waste Branch
	

Department of Health
	

919 Ala Moana Blvd., Room 212
	

Honolulu, Hawaii 96814
	

(808) 586-4226
	

Steven.Chang@doh.hawaii.gov
	

The EPA Project Coordinator shall be EPA’s designated representative for the 

Site. As of the Effective Date of this AOC, the EPA Project Coordinator shall be: 

Bob Pallarino 

U.S. EPA Region 9
	

Underground Storage Tank Program Office
	

75 Hawthorne Street (LND-4-3)
	

San Francisco, California 94105
	

(415) 947-4128
	

Pallarino.Bob@epa.gov
	

The Navy and DLA Project Coordinator shall be Navy and DLA’s 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

representative for the Site. As of the Effective Date of this AOC, the Navy and DLA Project 

Coordinator shall be: 

Jimmy Miyamoto
	

Deputy Operations Officer
	

NAVFAC Hawaii
	

400 Marshall Road
	

JBPHH, HI 96860-3139
	

(808) 471-0196
	

james.miyamoto@navy.mil
	

Any of the Parties may change their Project Coordinators at any time. Any of the Parties making 

such change will provide the other Parties with written notice within fourteen (14) days of such a 

change. 

(f) Unless otherwise provided in this AOC, all reports, correspondence, notices, or 

other submittals relating to or required under this AOC shall be in writing and shall be sent to the 

“Project Coordinators” at the addresses specified above. Unless otherwise specified in the SOW, 

all reports, correspondence, notices or other submittals related to or required under this AOC 

may be delivered via email to the addresses above, or if otherwise agreed to by the Parties, by 

U.S. Postal Service or private courier service to the address above. The Regulatory Agencies 

may require Navy and DLA to submit a follow-on paper copy of any submission. All 

correspondence shall include a reference to the “Red Hill Administrative Order on Consent.” 

7. REGULATORY AGENCIES’ APPROVAL OF DELIVERABLES 

(a) Deliverables required by this AOC shall be submitted to the Regulatory Agencies 

for approval or modification pursuant to Subparagraph (b). The Regulatory Agencies must 

receive all deliverables by the due date specified in this AOC or by schedules developed 

pursuant to this AOC. 

(b) After review of any deliverable that is required pursuant to this AOC, the 

Regulatory Agencies will: (a) approve, in whole or in part, the submission; (b) approve the 

submission upon specified conditions; (c) modify the submission to cure the deficiencies; (d) 

disapprove, in whole or in part, the submission, directing that Navy and DLA modify the 

submission; or (e) any combination of the above. However, the Regulatory Agencies will not 

modify a submission without first providing Navy and DLA at least one notice of deficiency and 

an opportunity to cure within thirty (30) days, except where the Regulatory Agencies determine 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

that to do so would cause serious disruption to the Work or where the Regulatory Agencies have 

disapproved previous submission(s) due to material defects and the Regulatory Agencies 

determine that the deficiencies in the submission under consideration indicate a bad faith lack of 

effort to submit an acceptable deliverable. 

(c) In the event of approval, approval upon conditions, or modification by the 

Regulatory Agencies, pursuant to Subparagraph (b), Navy and DLA shall proceed to take any 

action required by the deliverable, as approved or modified by the Regulatory Agencies subject 

only to Navy and DLA’s right to invoke the Dispute Resolution procedures set forth in Section 

14 (Dispute Resolution) with respect to the modifications or conditions made by the Regulatory 

Agencies. In the event that the Regulatory Agencies modify the submission to cure the 

deficiencies pursuant to Subparagraph (b) and the Regulatory Agencies determine the 

submission has a material defect, the Regulatory Agencies retain their right to seek stipulated 

penalties, as provided in Section 15 (Penalties). 

(d) Upon receipt of a notice of disapproval, in whole or in part, Navy and DLA shall, 

within thirty (30) days or such longer time as specified by the Regulatory Agencies in such 

notice, correct the deficiencies with respect to any disapproved part and resubmit the deliverable 

for approval. Any stipulated penalties applicable to the submission, as provided in the stipulated 

penalty provisions of Section 15 (Penalties), shall be stayed during the thirty (30) day 

opportunity to cure period or other specified period. A written explanation will accompany any 

disapproval, in whole or in part, by the Regulatory Agencies, including the identification of a 

material defect. 

(e) Notwithstanding the receipt of a notice of disapproval, Navy and DLA shall 

proceed, at the direction of the Regulatory Agencies, to take any action required by any unrelated 

non-deficient portion of the submission. Implementation of any unrelated non-deficient portion 

of a submission shall not relieve Navy and DLA of liability for stipulated penalties for the 

disapproved portion under Section 15 (Penalties). 

(f) In the event that a resubmitted deliverable, or portion thereof, is disapproved by 

the Regulatory Agencies, the Regulatory Agencies may again require Navy and DLA to correct 

the deficiencies, in accordance with the preceding Paragraphs. The Regulatory Agencies also 

retain the right to modify or develop the plan, report or other item, consistent with Subparagraph 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

(b). Navy and DLA shall implement any action as required in a deliverable which has been 

modified or developed by the Regulatory Agencies, subject only to Navy and DLA’s right to 

invoke the procedures set forth in Section 14 (Dispute Resolution). 

(g) If upon resubmission, a deliverable is disapproved or modified by the Regulatory 

Agencies due to a material defect previously identified by the Regulatory Agencies in 

accordance with Subsection 7(d), Navy and DLA shall be deemed to have failed to submit such 

deliverable timely and adequately unless Navy and DLA invoke the dispute resolution 

procedures set forth in Section 14 (Dispute Resolution) and the Regulatory Agencies' action to 

disapprove or modify a deliverable is overturned pursuant to that Section. The provisions of 

Section 14 (Dispute Resolution) and Section 15 (Penalties) shall govern the implementation of 

the Work and accrual and payment of any stipulated penalties during Dispute Resolution. If the 

Regulatory Agencies' disapproval or modification is upheld, stipulated penalties shall accrue for 

such violation from the date on which the initial submission was originally required, as provided 

in Section 15 (Penalties). 

(h) All deliverables required to be submitted to the Regulatory Agencies under this 

AOC, shall, upon approval or modification by the Regulatory Agencies, be incorporated into and 

made enforceable under this AOC. In the event the Regulatory Agencies approve or modify a 

portion of a deliverable required to be submitted to the Regulatory Agencies under this AOC, the 

approved or modified portions shall be enforceable under this AOC. Navy and DLA shall 

implement all deliverables in accordance with the schedule and provisions approved by the 

Regulatory Agencies. 

8. MODIFICATION OF THE SOW AND THIS AOC AND ADDITIONAL WORK 

(a) Modification of the Work in the SOW 

(i) If at any time during the implementation of the SOW, Navy and 

DLA identify a need for a compliance date modification or modification of the Work in the 

SOW, Navy and DLA shall submit a memorandum documenting the need for the modification to 

the Project Coordinators of the Regulatory Agencies. The Project Coordinators of the Regulatory 

Agencies will determine if the modification is warranted and will provide written approval or 

disapproval. If disapproved, the Regulatory Agencies will provide a written explanation of the 

reason for the disapproval. Any approved, written modification of a compliance date or 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

modification of Work required by this AOC shall be incorporated by reference into this AOC. 

(ii) In the event that during the performance of this AOC, Navy and/or DLA 

encounters any condition or situation that constitutes an emergency situation or may present an 

immediate threat to human health or the environment, Navy and DLA shall immediately take all 

appropriate actions to prevent and/or minimize such emergency or threat, and shall immediately 

notify the DOH Project Coordinator and the EPA Project Coordinator. Navy and DLA shall take 

such immediate and appropriate actions in consultation with the DOH Project Coordinator and 

the EPA Project Coordinator. Navy and DLA shall then submit to DOH and EPA written 

notification of such emergency or threat at the Site within twenty-four (24) hours of such 

discovery and, if further action is required, submit a plan to further mitigate the threat within 

seven (7) days of sending the written notification of the emergency. After approval or approval 

with modification of the plan by the Regulatory Agencies, Navy and DLA shall implement the 

plan as approved or modified and the plan shall be incorporated by reference into and made part 

of this AOC and be enforceable as such. In the event that Navy and DLA fail to take appropriate 

response action as required by this Paragraph, either or both of the Regulatory Agencies may 

take a response action consistent with their statutory and regulatory authorities and may require 

Navy and DLA to reimburse them for their response costs pursuant to those authorities. 

(b) Modification of this AOC 

(i) This AOC may be modified only by the mutual agreement of the Parties. 

Any agreed modifications shall be in writing; be signed by all the Parties; have as their effective 

date the date on which the last Party signs the modification; and be incorporated into and be 

enforceable under this AOC. 

(ii) No informal advice, guidance, suggestion, or comment by the Regulatory 

Agencies regarding deliverables submitted by Navy and DLA shall relieve Navy and 

DLA of their obligation to obtain such formal approval as may be required by this AOC, and to 

comply with all requirements of this AOC unless it is modified as provided under this AOC. 

Any deliverables, required by this AOC are, upon approval by the Regulatory Agencies, 

incorporated into and enforceable under this AOC. 

(iii) In the event future regulatory requirements for field-constructed USTs are 

determined by the Regulatory Agencies to conflict with the Work to be performed under this 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

AOC, such that Navy and DLA could not comply with both this AOC and the regulatory 

requirements, the Parties will make good faith efforts to promptly resolve such conflict. 

(c) Additional Work. The Regulatory Agencies may determine, or Navy and DLA 

may propose, that certain tasks or activities are necessary in addition to or in lieu of the Work 

when such additional performance is necessary for protection of human health and the 

environment. The Regulatory Agencies may determine that Navy and DLA shall perform 

additional work and the Regulatory Agencies will specify, in writing, the basis for the 

determination that additional work is necessary. Within thirty (30) days after the receipt of such 

determination, Navy and DLA shall have the opportunity to meet or confer with the Regulatory 

Agencies to discuss any additional work. Upon meeting or conferring, the Parties shall agree on 

a schedule for submitting a work plan for additional work; Navy and DLA shall either invoke 

dispute resolution or submit the schedule for approval within thirty (30) days from Navy and 

DLA’s meeting or conferring on the additional work, unless otherwise agreed to by the Parties. 

Upon approval of a work plan, Navy and DLA shall implement the work plan in accordance with 

the schedule and provisions contained therein. The work plan shall be incorporated by reference 

into and made a part of this AOC and be enforceable as such. 

9. DOCUMENT CERTIFICATION 

(a) Any deliverable specifically listed in the SOW and submitted by Navy and DLA 

pursuant to this AOC shall be certified by the Commander of Navy Region Hawaii or the 

Regional Engineer for CNRH or designee but no lower than the Deputy Regional Engineer. 

Certification of additional deliverables may be required, if specified as a requirement in an 

approved implementation plan. 

(b) The certification required by Paragraph 9(a) above, shall be in the following form: 

I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system 

designed to assure that qualified personnel properly gather and evaluate the 

information submitted. Based on my inquiry of the person or persons who manage 

the system or those persons directly responsible for gathering the information, the 

information submitted is, to be the best of my knowledge and belief, true, 

accurate, and complete. I am aware that there are significant penalties for 

submitting false information including the possibility of fines and imprisonment 

for knowing violation. 

13
	
 

 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

Signature:_________________________________ 

Name:____________________________________ 

Title:_____________________________________ 

Date:_____________________________________ 

10. SAMPLING, ACCESS AND DOCUMENT AVAILABILITY 

(a) Sampling and Analysis 

(i) All results of sampling, testing, modeling or other data generated 

(including raw data, which shall be made available if requested) by Navy and DLA, or on Navy 

and DLA’s behalf, during implementation of this AOC shall be submitted to the Regulatory 

Agencies within thirty (30) calendar days of Navy and DLA’s receipt of the data. Data shall be 

provided in the same format that it was provided to Navy and DLA unless a different format is 

otherwise agreed to by the Parties. Upon request, the Regulatory Agencies will make available to 

Navy and DLA data generated by DOH or EPA for the purposes of oversight of the Work unless 

it is exempt from disclosure by any federal or state law or regulation. All sampling and analysis 

shall be subject to a quality assurance and control process as specified in the SOW. 

(ii) Navy and DLA shall provide written notice to the Regulatory 

Agencies at least seven (7) calendar days prior to conducting field sampling, or as otherwise 

agreed to by the Parties. At the Regulatory Agencies’ request, Navy and DLA shall allow split or 

duplicate samples to be taken by the Regulatory Agencies. 

(b) Access to Areas Controlled by Navy and/or DLA 

(i) EPA has the authority to enter the Site under federal environmental law 

and DOH has authority to enter the Site under state law. 

(ii) Navy and DLA shall provide the Regulatory Agencies and/or their 

representatives with access to the Site at all reasonable times for the purposes consistent with the 

provisions of this AOC. Such access shall include, but not be limited to: inspecting records, logs, 

contracts, and other documents relevant to implementation of this Agreement; reviewing and 

monitoring the progress of Navy and DLA, their contractors, and lessees in carrying out the 

activities under this AOC; conducting tests that the Regulatory Agencies deem necessary; 

14
	
 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

assessing the need for planning additional response actions at the Site; and verifying data or 

information submitted to the Regulatory Agencies. 

(iii) Navy and DLA shall honor all requests for access to the Site made by the 

Regulatory Agencies subject to the requirements in Subparagraph (v). Navy and DLA may 

require presentation of credentials showing the bearer’s identification and that he/she is an 

employee or agent of the Regulatory Agencies, including contractors employed by either of the 

Regulatory Agencies. Navy and DLA’s Project Coordinator or his/her designee shall provide 

briefing information, coordinate access and escort to restricted or controlled-access areas, 

arrange for base passes, and coordinate any other access requests that arise. Navy and DLA shall 

use their best efforts to ensure that conformance with the requirements of this Subsection do not 

delay access. 

(iv) The rights granted in this Section to the Regulatory Agencies regarding 

access shall be subject to regulations and statutes, as may be necessary to protect national 

security information (“classified information”) as defined in Executive Order 12958. Such 

requirement shall not be applied so as to unreasonably hinder the Regulatory Agencies from 

carrying out their responsibilities and authority pursuant to this AOC. 

(v) The Facility is a controlled access area and subject to safety and 

security requirements. Other parts of the Site may be controlled or restricted. Navy and DLA 

shall provide an escort whenever the Regulatory Agencies require access to controlled or 

restricted areas for purposes consistent with the provisions of this AOC. The Regulatory 

Agencies shall provide reasonable notice to the Navy and DLA Project Coordinator, or his or her 

designee, to request any necessary escorts for such areas. Navy and DLA shall not require an 

escort to any area of the Site unless it is a restricted or controlled-access area. Upon request of 

the Regulatory Agencies, Navy and DLA shall promptly provide a written list of current 

restricted or controlled-access areas of the Site. 

(vi) Upon a denial of any aspect of a request of access, Navy and 

DLA shall provide an immediate explanation of the reason for the denial, including reference to 

any applicable regulations, and upon request, a copy of such regulations. Within forty-eight (48) 

hours, Navy and DLA shall provide a written explanation for the denial. To the extent possible, 

15
	
 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

Navy and DLA shall expeditiously provide a recommendation for accommodating the requested 

access in an alternate manner. 

(vii) Pursuant to this Section, any denial of access contrary to the 

terms of this AOC at reasonable times to any portion of the Site, where a request for access was 

made for the purposes of enforcing the requirements of federal or state law, or implementing or 

enforcing this AOC, shall be construed as a violation of the terms of this AOC subject to the 

penalty provisions outlined in Section 15 (Penalties) of this AOC. 

(c) Access to Areas Not Controlled by Navy and/or DLA 

Where action under this AOC is to be performed in areas owned by, or in possession of, 

someone other than Navy or DLA, Navy and DLA shall use their best efforts to obtain all 

necessary access agreements in a timely manner. Navy and DLA shall commence efforts to 

obtain such agreements within thirty (30) days of approval of any Work for which access is 

necessary. Any such access agreement shall provide for access by the Regulatory Agencies and 

their representatives to move freely in order to conduct actions that the Regulatory Agencies 

determine to be necessary. The access agreement shall specify that Navy and DLA are not the 

Regulatory Agencies’ representative(s) with respect to any liabilities associated with activities to 

be performed. Navy and DLA shall provide DOH’s Project Coordinator and EPA’s Project 

Coordinator with copies of any access agreements. Navy and DLA shall immediately notify the 

Regulatory Agencies if after using Navy and DLA’s best efforts, they are unable to obtain such 

agreements within the time required. Best efforts as used in this Paragraph shall include, at a 

minimum, a certified letter from Navy and DLA to the present owner of such property requesting 

access agreements to permit Navy and DLA, the Regulatory Agencies, and the Regulatory 

Agencies’ authorized representatives to enter such property, and the offer of payment of 

reasonable sums of money in consideration of granting access. Navy and DLA shall, within ten 

(10) calendar days of receipt of a denial of access, submit in writing, a description of their efforts 

to obtain access. The Regulatory Agencies may, at their discretion, assist Navy and DLA in 

obtaining access. Where access on state owned property is needed, DOH will make best efforts 

to assist Navy and DLA with access. 

16
	
 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

(d) Document Availability 

All data, information, and records created or maintained for purposes of implementation 

of this AOC, and all records relating to Facility operations and maintenance, or to site conditions, 

shall be made available to the Regulators upon request unless Navy or DLA assert a claim that 

such documents are legally privileged from disclosure and meets the burden of demonstrating to 

the Regulatory Agencies that such a privilege exists. Navy and DLA may assert a claim that 

certain documents or portions of documents are protected from public disclosure under federal or 

state law (e.g., documents exempt from disclosure under applicable laws such as FOIA, 

Procurement Integrity Act, Privacy Act, etc.). Navy and DLA shall clearly mark the material in 

which such a claim is asserted (e.g., documents shall be marked on each page and shall be 

reasonably segregated) and cite to the legal authority allowing withholding. If no such claim 

accompanies the information when it is submitted to the Regulatory Agencies, it may be made 

available to the public by EPA or DOH without further notice to Navy and DLA. Navy and DLA 

agree not to assert such claims with respect to any data related to Site conditions, including but 

not limited to, sampling, analytical, monitoring, hydrogeologic, scientific, chemical or 

engineering data or any other documents or information evidencing conditions at or around the 

Site. 

(e) Nothing in this AOC shall be construed to limit the Regulatory Agencies’ right of 

access, entry, inspection, and information gathering pursuant to applicable law. 

11. COMPLIANCE WITH OTHER LAWS 

Navy and DLA shall perform all actions required pursuant to this AOC in accordance 

with all applicable local, state, and federal laws and regulations. Navy and DLA shall use best 

efforts to obtain or cause their representatives to obtain all permits and approvals necessary 

under such laws and regulations in a timely manner so as not to delay the Work required by this 

AOC. 

12. FUNDING OF THE WORK 

(a) It is further agreed to and ordered that Navy and DLA shall timely seek sufficient 

funding through their budgetary processes to finance and perform all the Work. Navy and DLA 

recognize the requirements of this AOC as necessary actions subject to the provisions of 

Executive Order 12088 requiring request of sufficient funds in the agency budget. It is the 

17
	
 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

expectation of the Parties to this AOC that all obligations of Navy and DLA arising under this 

AOC will be fully funded. 

(b) Any requirement for the payment or obligation of funds, including stipulated 

penalties, by Navy or DLA, established by the terms of this AOC may be subject to the 

availability of appropriated funds. No provision herein shall be interpreted to require obligation 

or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341. 

(c) If Navy and DLA determine that there are insufficient funds to carry out the Work 

in accordance with the AOC, Navy and DLA shall notify the Regulatory Agencies within thirty 

(30) days thereafter and request a meeting to work with the Regulatory Agencies to explore costsavings or re-scoping measures to off-set the shortfall. The meeting shall be held within thirty 

(30) days of the request for the meeting, unless otherwise agreed to by the Parties. If re-scoping 

or cost savings measures are not sufficient to offset the shortfall such that schedules developed 

pursuant to this AOC should be modified, then Navy and DLA shall submit a modified schedule 

to the Regulatory Agencies for approval within the time frame agreed to in the meeting. The time 

frame agreed to in the meeting shall be in writing, signed by the Parties and be enforceable under 

this AOC. If funds are not available in any year to fulfill Navy and DLA’s obligations under this 

AOC and the Parties are unable to agree on cost-savings or re-scoping measures to offset the 

shortfall or a modified schedule, DOH and EPA reserve their respective rights to initiate any 

action against any person(s) or to take any response action which would be appropriate absent 

this AOC. 

13. REIMBURSEMENT OF DOH COSTS 

(a) Subject to the provisions of this Paragraph, Navy and DLA agree to pay 

reasonable service charges incurred by DOH with respect to the Work. Reasonable service 

charges shall mean reasonable and necessary costs above and beyond normal regulatory 

responsibilities (i.e., required overtime or contracted effort) that DOH incurs in monitoring 

Navy’s and DLA’s performance under this AOC to determine whether such performance is 

consistent with the requirements of this AOC, including costs incurred in reviewing plans, 

reports and other documents submitted pursuant to this AOC. Reasonable service charges 

incurred by DOH shall be limited to no more than fifty thousand dollars ($50,000) per calendar 

year unless otherwise agreed in writing by Navy and DLA. DOH shall advise Navy and DLA 

18
	
 

 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

prior to accruing any costs for which it intends to seek reimbursement pursuant to this section 

and shall obtain concurrence that such costs are reasonable. Navy and DLA shall make good 

faith efforts to negotiate a separate cooperative agreement with DOH which will detail the 

modalities for payment of reasonable service charges incurred by DOH with respect to the Work. 

If Navy, DLA, and DOH cannot agree on the reasonableness of the proposed costs, they shall 

attempt to resolve any disputes under this Section amongst themselves. In the event that a 

separate cooperative agreement is developed, any dispute resolution related to this Paragraph 

shall be pursuant to that agreement and applicable regulation and shall not be subject to Section 

14 (Dispute Resolution). 

(b) DOH reserves the right to bring an action against Navy and DLA under any 

applicable law for recovery of all reasonable service charges incurred by DOH with respect to 

the Site that have not been reimbursed by Navy and DLA if Navy and DLA and DOH fail to 

enter into a separate cooperative agreement or make other arrangements for reimbursement of 

reasonable service charges incurred by DOH with respect to the Work. 

14. DISPUTE RESOLUTION 

(a) The Parties intend to work cooperatively to avoid disputes in the implementation 

of the AOC. The Parties shall make reasonable efforts to resolve disputes informally at the 

lowest level. The process for dispute resolution set forth in this Section shall be the exclusive 

remedy through which the Parties resolve any and all disputes arising from this AOC and the 

implementation and execution of the Work. At any point during the dispute resolution process, 

Navy and DLA may withdraw their dispute and commence or resume the previously disputed 

Work in accordance with direction from the Regulatory Agencies. 

(b) A dispute resolution committee (“DRC”) shall serve as the initial forum for 

resolution of disputes for which agreement has not been reached through informal dispute 

resolution among the Parties. Each Party shall designate one individual and an alternate to serve 

on the DRC, and may change those designations at will, with written notice to be provided to the 

other Parties, but shall at all times have persons so designated and available to participate in the 

dispute resolution process as needed. The persons designated to serve on the DRC shall be 

employed at the senior management level (e.g., Senior Executive Service (SES) or equivalent) or 

be delegated the authority in writing to participate on the DRC by an SES or equivalent level 

19
	
 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

official, or higher, for the purposes of dispute resolution under this agreement. 

(i) Within thirty (30) days after any action which leads to or generates a 

dispute, the disputing Party shall submit to the DRC a written statement of dispute setting forth 

the nature of the dispute, the disputing Party’s position with respect to the dispute and the 

technical, legal and factual information the disputing Party is relying upon to support its position. 

(ii) Prior to any Party’s issuance of a written statement of dispute, the 

disputing Party shall engage the other Parties in informal dispute resolution among the Project 

Coordinators and/or their immediate supervisors. During this informal dispute resolution period, 

the Parties shall meet and/or confer as many times as are necessary to discuss and attempt 

resolution of the dispute. 

(iii) Within twenty (20) calendar days of receipt by the DRC of the disputing 

Party’s written request for formal dispute resolution, unless additional time is provided by the 

DRC, the other Parties may submit their own statements of position with respect to the dispute to 

the DRC for its consideration. 

(iv) The DRC shall have forty-five (45) calendar days from the date it receives 

a timely written request from the disputing Party for formal dispute resolution to unanimously 

resolve the dispute and issue a written decision signed by the designee of each Party then serving 

on the DRC, except that such designees may agree unanimously to extend the period of time to 

reach decision if necessary. This decision may include any necessary findings and instructions, 

as appropriate, to proceed with Work interrupted or delayed by the dispute. 

(c) In the event the DRC is unable to unanimously resolve the dispute within the 

forty-five (45) day period, the written statement of dispute shall be forwarded to the Senior 

Executive Committee (SEC) for resolution, within ten (10) days after the close of the forty-five 

(45) day period. EPA’s representative on the SEC is the Regional Administrator of EPA Region 

9. DOH’s representative on the SEC is the Director of Health. Navy’s representative on the SEC 

is the Commander Navy Installations Command. DLA’s representative on the SEC is the Chief 

of Staff of DLA. The SEC members shall, as appropriate, confer, meet, and exert their best 

efforts to resolve the dispute and issue a unanimous written decision signed by all Parties. If 

unanimous resolution of the dispute is not reached within thirty (30) days of elevation to the 

SEC, the Regional Administrator of EPA Region 9 shall issue a written position on the dispute 

20
	
 

 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

within forty (40) days of elevation to the SEC. The Assistant Secretary of the Navy for Energy, 

Installations & Environment, or the Director of DLA, within thirty (30) days of the EPA’s 

Regional Administrator’s issuance of the EPA’s position, may issue a written notice elevating 

the dispute to EPA’s Assistant Administrator of the Office of Enforcement and Compliance 

Assurance (EPA Assistant Administrator) for resolution. In the event that Navy, DLA or DOH 

elects not to elevate the dispute to the EPA Assistant Administrator within the designated thirty 

(30) day escalation period, the other Parties shall be deemed to have agreed with the EPA’s 

Regional Administrator’s written position with respect to the dispute. 

(d) Upon elevation of the dispute to the EPA Assistant Administrator pursuant to 

Paragraph 14(c) above, the EPA Assistant Administrator will review and resolve the dispute. 

Upon request, and prior to resolving the dispute, the EPA Assistant Administrator will meet and 

confer with the Assistant Secretary of the Navy for Energy, Installations & Environment, the 

Director of DLA, and the Governor to discuss the issue(s) under dispute. The EPA Assistant 

Administrator will resolve the dispute within thirty (30) days of receipt of the dispute, unless the 

Assistant Secretary of the Navy for Energy, Installations & Environment, the Director of DLA, 

or the Governor request a meeting with the EPA Assistant Administrator prior to resolving the 

dispute, in which case the dispute will be resolved within thirty (30) days of such meeting. Upon 

resolution, the EPA Assistant Administrator will provide the other Parties with a written final 

decision setting forth resolution of the dispute. 

(e) The existence of a dispute and the Regulatory Agencies’ consideration of matters 

placed in dispute shall not excuse, toll, or suspend any compliance obligation or deadline 

required pursuant to this AOC during the pendency of the dispute resolution process except as 

agreed by the Regulatory Agencies in writing pursuant to Section 8 of this AOC or determined 

by the Administrator or his or her designee. In the event that a dispute is resolved in favor of 

Navy and DLA pursuant to this Section, stipulated penalties incurred with respect to the specific 

subject of that dispute will not be due and owing. 

(f) Within thirty (30) calendar days of receipt of any final decision and instructions 

with respect to any dispute resolved pursuant to the procedures specified in this Section, unless 

otherwise specified in the decision, Navy and DLA shall incorporate the final decision and 

21
	
 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

instructions into the appropriate plan, schedule or procedures and implement this AOC in 

accordance with such plan, schedule or procedures. 

(g) Resolution of a dispute pursuant to this Section constitutes a final resolution of 

any dispute arising under this AOC. All Parties shall abide by all terms and conditions of any 

final resolution of dispute obtained pursuant to this Section of the AOC. 

15. PENALTIES 

(a) In the event that Navy and/or DLA fails to comply with any term, condition or 

requirement of this AOC, EPA and/or DOH may assess and Navy and DLA shall be liable for 

stipulated penalties in the amounts set forth in this Section unless a Force Majeure event has 

occurred as defined in Section 17 (Force Majeure) and the Regulatory Agencies have approved 

the extension of a deadline as required by that Section. Compliance with this AOC by Navy and 

DLA shall include completion of any Work in accordance with this AOC and within the 

specified time schedules approved under this AOC. A stipulated penalty may be assessed in an 

amount not to exceed $5,000 for the first week (or part thereof) and $10,000 for each additional 

week (or part thereof) for which a failure set forth in this Subsection occurs. 

(b) Stipulated penalties incurred pursuant to this Section shall begin to accrue on the 

day after complete performance is due or the day the violation occurs and shall continue to 

accrue until the violation is corrected to the satisfaction of the Regulatory Agencies. 

(c) Upon determining that Navy and DLA have failed in a manner set forth in this 

Subsection, the EPA or the DOH will notify Navy and DLA. Any such notification shall be in 

writing. If the failure in question is not already subject to dispute resolution at the time such 

notice is received, Navy and DLA shall have thirty (30) days after receipt of the notice to invoke 

dispute resolution on the question of whether the failure did in fact occur and whether there is no 

mitigating reason for the failure. Where dispute resolution is invoked, no assessment of a 

stipulated penalty shall be final until the conclusion of dispute resolution procedures related to 

the assessment of the stipulated penalty. Notwithstanding any other provision of this Section, the 

Regulatory Agencies may, in their unreviewable discretion, waive any portion of stipulated penalties 

that have accrued pursuant to this AOC. 

(d) No later than sixty (60) days after receipt of a written demand for payment from 

the Regulatory Agencies, unless the dispute resolution provisions of Section 14 (Dispute 

22
	
 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

Resolution) are invoked, Navy and DLA shall pay the penalty. If the stipulated penalties become 

payable by Navy and DLA, they shall pay one half (50%) of the total penalty amount by 

cashier’s or certified check payable to the “State of Hawaii Director of Finance” for deposit into 

the Hawaii’s Leaking Underground Storage Tank Fund [HRS § 342L-51] and delivered to the 

Director’s Office, 1250 Punchbowl Street, Honolulu, Hawaii. They shall pay the other half 

(50%) of the total penalty amount by certified or cashier’s check payable to the United States 

Treasury and delivered to the U.S. Environmental Protection Agency. Cincinnati Finance Center, 

Box 979077, St. Louis, MO, or other agreed-to method. All payments by Navy and DLA shall 

reference Navy and DLA’s name and address, and the docket number for this action. 

(e) This Section shall not affect Navy or DLA’s ability to obtain an extension of a 

timetable, deadline, or schedule pursuant to Section 8 of this AOC. 

(f) Nothing in this AOC shall be construed to render any officer or employee Navy or 

DLA personally liable for the payment of any stipulated penalty assessed pursuant to this 

Section. 

16. ENFORCEABILITY 

(a) The Parties agree to exhaust their rights under Section 14 (Dispute Resolution), 

prior to DOH exercising any rights to pursue a civil action and seek judicial review that it may 

have. 

(b) Subject to the Dispute Resolution Provisions of Section 14 and the Regulatory 

Agencies’ Covenants in Section 19, nothing in this AOC shall preclude the State of Hawaii from 

seeking to enforce the terms and conditions of this AOC as a final order of DOH against Navy 

and DLA in a civil action to collect penalties and/or enforce its provisions pursuant to HRS §§ 

340E-4, 340E-8, 342D-9, 342D-10, 342D-11, 342L-8, 342L-9, 342L-12, and 342L-52, Section 

7002 of RCRA, 42 U.S.C. § 6972, or in a civil action for breach of this AOC and from seeking 

any other relief as may be necessary to protect the public health, a source of drinking water and 

the environment. However, DOH will not seek to collect, in a judicial proceeding, civil penalties 

for a breach of this AOC if it or EPA has already collected such penalties under the penalty 

provisions of this AOC for the same matter, or if such penalties have been overturned through 

the dispute resolution process of Section 14. 

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Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

(c) Failure to diligently conduct the Work may subject Navy and DLA to an action 

under Section 7002 of RCRA, 42 U.S.C. § 6972. 

(d) Navy and DLA waive their opportunity to confer with the Administrator of EPA 

pursuant to 42 U.S.C. § 6961(b)(2) and any right to further review of the issuance of this AOC 

pursuant to any provisions of state and federal law. 

(e) In any action to enforce the terms of this AOC, all Parties agree to be bound by 

the terms of the AOC and agree to not contest the validity of this AOC, its terms or conditions, 

or the procedures underlying or relating to them in any action brought by the Regulatory 

Agencies to enforce its terms. 

17. FORCE MAJEURE 

(a) Navy and DLA agree to perform all requirements under this AOC within the time 

limits established under this AOC, unless the performance is delayed by a force majeure. For 

purposes of this AOC, a force majeure is defined as any event arising from causes beyond the 

control of Navy and DLA, or Navy or DLA’s contractors, that delays or prevents performance of 

any obligation under this AOC despite Navy and DLA's best efforts to fulfill the obligation. The 

requirement that Navy and DLA exercise “best efforts to fulfill the obligation” includes using 

best efforts to anticipate any potential force majeure event and best efforts to address the effects 

of any potential force majeure event: (1) as it is occurring, and (2) following the potential force 

majeure event, such that the delay is minimized to the greatest extent possible. Force majeure 

does not include financial inability to complete the Work, increased cost of performance, 

changes in Navy and DLA’s business or economic circumstances, or inability to attain media 

cleanup standards. 

(b) If any event occurs or has occurred that may delay the performance of any 

obligation under this AOC, whether or not caused by a force majeure event, Navy and DLA shall 

orally notify the Regulatory Agencies within forty-eight (48) hours of when Navy or DLA knew 

or should have known that the event might cause a delay. Such notice shall: (1) identify the event 

causing the delay, or anticipated to cause delay, and the anticipated duration of the delay; (2) 

provide Navy and DLA’s rationale for attributing such delay to a force majeure event; (3) state 

the measures taken or to be taken to prevent or minimize the delay; (4) estimate the timetable for 

implementation of those measures; and (5) state whether, in the opinion of Navy and DLA, such 

24
	
 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

event may cause or contribute to an endangerment to public health or the environment. Navy and 

DLA shall undertake best efforts to avoid and minimize the delay. Failure to comply with the 

notice provision of this Paragraph and to undertake best efforts to avoid and minimize the delay 

shall waive any claim of force majeure by Navy and DLA. Navy and DLA shall be deemed to 

have notice of any circumstances of which their contractors had or should have had notice. 

(c) If the Regulatory Agencies determine that a delay in performance or anticipated 

delay in fulfilling a requirement of this AOC is or was attributable to a force majeure, then the 

time period for performance of that requirement will be extended as deemed necessary by the 

Regulatory Agencies. If the Regulatory Agencies determine that the delay or anticipated delay 

has been or will be caused by a force majeure, then the Regulatory Agencies will notify Navy 

and DLA, in writing, of the length of the extension, if any, for performance of such obligations 

affected by the force majeure. Any such extensions shall not alter Navy and DLA's obligation to 

perform or complete other tasks required by this AOC which are not directly affected by the 

force majeure. 

(d) If the Regulatory Agencies disagree with Navy and DLA’s assertion of a force 

majeure, then Navy and DLA may elect to invoke the dispute resolution provision, and shall 

follow the procedures set forth in Section 14 (Dispute Resolution). In any such proceeding, Navy 

and DLA shall have the burden of demonstrating by a preponderance of the evidence that the 

delay or anticipated delay has been or will be caused by a force majeure, that the duration of the 

delay or the extension sought was or will be warranted under the circumstances, that Navy and 

DLA’s best efforts were exercised to avoid and mitigate the effects of the delay, and that Navy 

and DLA complied with the requirements of this Section. If Navy and DLA satisfy this burden, 

then the Regulatory Agencies will extend the time for performance as the Regulatory Agencies 

determine is necessary. 

18. RESERVATION OF RIGHTS 

(a) Notwithstanding any other provisions of this AOC, the Regulatory Agencies 

retain their authority to take, direct, or order any and all actions necessary to protect public 

health, any source of drinking water or the environment or to prevent, abate, or minimize an 

actual or threatened release of hazardous substances, pollutants, or contaminants, or hazardous or 

solid waste or constituents of such wastes, on, at, or from the Facility, including but not limited 

25
	
 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

to the right to bring enforcement actions under RCRA, the Comprehensive Environmental 

Response, Compensation, and Liability Act (“CERCLA”), the Clean Water Act (“CWA”), the 

Safe Drinking Water Act (“SDWA”); HRS chapters 340E, 342D and 342L; and any other 

applicable statutes or regulations. However, unless required on an emergency basis, no such 

action shall be taken in relation to any activity within the scope of this AOC unless a Party has 

first made good faith efforts to address the issue through a modification to this AOC and, if 

necessary, through the Dispute Resolution process set forth in Section 14. 

(b) The Regulatory Agencies reserve all of their statutory and regulatory powers, 

authorities, rights, and remedies, both legal and equitable, which may pertain to Navy and DLA's 

failure to comply with any of the requirements of this AOC. 

(c) Navy and DLA reserve all of their statutory and regulatory rights and defenses 

both legal and equitable, including but not limited to rights and defenses against third parties. 

Nothing in this AOC shall be taken as an admission of fact or law in any dispute with a third 

party or in any dispute outside the context of enforcement of this AOC. 

(d) This AOC is not intended to be nor shall it be construed to be a permit. Navy and 

DLA acknowledge and agree that EPA or DOH’s review and approval of the Work does not 

constitute a warranty or representation that the Work will achieve the required cleanup or 

performance standards. Compliance by Navy and DLA with the terms of this AOC shall not 

relieve Navy and DLA of their obligations to comply with applicable local, state, or federal laws 

and regulations. 

19. REGULATORY AGENCIES’ COVENANTS 

(a) Except as provided in Section 18 (Reservation of Rights), EPA covenants not to 

take administrative action against Navy or DLA pursuant to Section 7003 of RCRA, 42 U.S.C. § 

6973, for the Work. EPA’s covenant shall take effect upon the Effective Date of this AOC. 

EPA’s covenant is conditioned upon the satisfactory performance by Navy and DLA of their 

obligations under this AOC. EPA’s covenant extends only to Navy and DLA and does not 

extend to any other person. 

(b) Except as provided in Section 18 (Reservation of Rights), DOH covenants not to 

take administrative enforcement action against Navy or DLA with respect to any Work on the 

26
	
 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

condition that the Work is consistent with Navy’s and DLA’s obligations under this AOC and/or 

that the Work has been satisfactorily completed and approved by the DOH. 

20. OTHER CLAIMS 

By issuance of this AOC, the Regulatory Agencies assume no liability for injuries or 

damages to persons or property resulting from any acts or omissions of Navy and DLA. The 

Regulatory Agencies shall not be deemed a party to any contract, agreement or other 

arrangement entered into by Navy and DLA or its officers, directors, employees, agents, 

successors, assigns, heirs, trustees, receivers, contractors, or consultants in carrying out actions 

pursuant to this AOC. 

21. RECORD RETENTION 

(a) Navy and DLA shall preserve all records related to the Facility in accordance with 

the appropriate federal records retention schedule. In addition, Navy and DLA shall preserve all 

documents shared with the Regulatory Agencies relating to the Work performed under this AOC, 

monitoring data, and other raw data generated pursuant to this AOC, for at least ten (10) years 

following the termination of the AOC. Navy and DLA shall make such records available to DOH 

or EPA at their request. 

(b) All substantive documents exchanged between the Parties relating to the Work 

performed under this AOC and all monitoring data related to the Facility shall be stored by Navy 

and DLA in a centralized location at the Site, or an alternative location mutually approved by the 

Project Coordinators to promote easy access by the Regulatory Agencies or their representatives. 

22. PRESIDENTIAL EXEMPTION 

The Parties recognize that the President may exempt a solid waste management facility 

from requirements of RCRA pursuant to 42 U.S.C. § 6961(a) or a UST from the requirements of 

RCRA pursuant to 42 U.S.C. § 6991f for a period of time not to exceed one (1) year after the 

President grants the exemption. This exemption may be renewed. Navy and DLA shall obtain 

access to and perform all actions required by this AOC within all areas inside those portions of 

the Site, which are not the subject of or subject to any such exemption by the President. 

23. PUBLIC COMMENT 

(a) Upon signature by Navy and DLA, the Regulatory Agencies shall provide public 

notice, a public meeting and a reasonable opportunity for public comment on the proposed 

27
	
 

 

 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

settlement. After consideration of any comments submitted during a public comment period of 

not less than thirty (30) days (which the Regulatory Agencies may extend), the Regulatory 

Agencies may sign this AOC, or withhold consent, or seek to amend all or part of this AOC if 

the Regulatory Agencies determine that comments received disclose facts or considerations 

which indicate that this AOC is inappropriate, improper, or inadequate. 

(b) If a modification is necessary, the Regulatory Agencies shall transmit a modified 

copy of the AOC to Navy and DLA for review and signature, or further negotiations, as 

appropriate. If the modification is determined by the Regulatory Agencies to be significant, the 

process for public comment, described in Section 23(a), will repeat. 

24. SEVERABILITY 

If any provision of this AOC or the application of this AOC to any party or circumstances 

is held by any judicial authority to be invalid, the remainder of the AOC shall remain in full 

force and effect. 

25. EFFECTIVE DATE 

After this AOC is signed by each of the Parties and after the public comment period and 

review as described in Section 23 (Public Comment), this AOC shall become effective. The 

undersigned representatives certify that they are fully authorized to enter into the terms and 

conditions of this AOC and to bind the party they represent to this document. 

26. TERMINATION AND SATISFACTION 

The provisions of this AOC shall be deemed fully satisfied upon the Regulatory 

Agencies’ execution of a written acknowledgement (“Acknowledgement”) specifying that Navy 

and DLA have demonstrated to the satisfaction of the Regulatory Agencies that the terms and 

conditions of this AOC have been fully and satisfactorily completed. Prior to termination of this 

AOC, the Parties shall discuss whether an agreement, or additional regulation, is necessary to 

ensure continued protection of health and the environment. Termination of this AOC shall not 

terminate Navy and DLA’s obligation to comply with Sections 10 (Sampling and Access) and 21 

(Record Retention) of this AOC or the Regulatory Agencies’ reservation of rights in Section 18. 

IN WITNESS WHEREOF, the Parties have duly executed this presents as of the day and year 

subscribed below. 

28
	
Adtninistrative Order on Consent 

In the Matter ofRed Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-0l 

DOH Docket No: 15-UST-EA-Ol 

By: 

ic ard L. Williams, Rear Admiral 

Commander Navy Region Hawaii, U.S. Navy 

29 

Administrative Ordef on Consent 

In the Matter of Red Hill BuU< Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-0l 

DOH Docket No: 15-UST-EA-Ol 

Agreed this 27*dayof Ma.y , 2015. 

enee L. Roman, ief of Staff 

By: 

Defense Logistics Agency 

30 

 

 

 

 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

It is so ORDERED and Agreed this ______day of ______, 2015. 

By:		 _______________________________________ 

Keith Kawaoka, Deputy Director 

Department of Health 

APPROVED: ________________________________________ 

AS TO Wade H. Hargrove III, Deputy Attorney General 

FORM Hawaii Department of Attorney General 

31
	
 

 

 

 

 

Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01 

DOH Docket No: 15-UST-EA-01 

It is so ORDERED and Agreed this ______day of ______, 2015. 

By: _________________ 

Jeff Scott, Director, Land Division 

Region 9, U.S. Environmental Protection Agency 

32
	
Administrative Order on Consent 

In the Matter of Red Hill Bulk Fuel Storage Facility 

EPA Docket No: RCRA 7003-R9-2015-01

DOH Docket No: 15-UST-EA-01

Attachment A 

Statement of Work 
i

Contents

Introduction................................................................................................................................................. 1

Overall Project Management ...................................................................................................................... 2

1.1 Subject Matter Experts Involvement.......................................................................................... 2

1.2 Community Involvement............................................................................................................ 2

1.3 Meetings..................................................................................................................................... 2

1.4 Regulatory Agencies Written Responses................................................................................... 2

1.5 Communications Between Parties.............................................................................................. 2

1.6 Quality Assurance ...................................................................................................................... 3

1.7 Definitions.................................................................................................................................. 3

2. Tank Inspection, Repair, and Maintenance ......................................................................................... 3

2.1 Scoping Meeting(s) for TIRM Procedures Report ..................................................................... 3

2.2 TIRM Procedures Report ........................................................................................................... 3

2.3 TIRM Procedures Decision Meeting.......................................................................................... 4

2.4 TIRM Procedures Decision Document and Implementation ..................................................... 4

3. Tank Upgrade Alternatives ................................................................................................................. 4

3.1 Scoping Meeting(s) for TUA Report.......................................................................................... 4

3.2 TUA Scope of Work................................................................................................................... 5

3.3 TUA Report................................................................................................................................ 5

3.4 TUA Decision Meeting .............................................................................................................. 5

3.5 TUA Decision Document and Implementation.......................................................................... 5

3.6 Pilot Programs............................................................................................................................ 6

3.7 TUA Re-evaluation .................................................................................................................... 7

4. Release Detection / Tank Tightness Testing ....................................................................................... 8

4.1 Tank Tightness Testing Frequency ............................................................................................ 8

4.2 Outline of Current Fuel Release Monitoring Systems Report ................................................... 8

4.3 Current Fuel Release Monitoring Systems Report..................................................................... 8

4.4 Scoping Meeting(s) for New Release Detection Alternatives.................................................... 9

4.5 New Release Detection Alternatives Scope of Work................................................................. 9

4.6 New Release Detection Alternatives Report.............................................................................. 9

4.7 New Release Detection Alternatives Decision Meeting ............................................................ 9

4.8 New Release Detection Alternatives Decision Document and Implementation........................ 9
ii

5. Corrosion and Metal Fatigue Practices ............................................................................................. 10

5.1 Outline of Corrosion and Metal Fatigue Practices Report ....................................................... 10

5.2 Corrosion and Metal Fatigue Practices Report......................................................................... 10

5.3 Destructive Testing................................................................................................................... 10

5.3.1 Scoping Meeting(s) for Destructive Testing ................................................................ 10

5.3.2 Destructive Testing Scope of Work ............................................................................. 10

5.3.3 Destructive Testing Results Report.............................................................................. 11

5.4 Decision on Need for and Scope of Modified Corrosion and Metal Fatigue Practices ........... 11

6. Investigation and Remediation of Releases....................................................................................... 11

6.1 Scoping Meeting(s) for Investigation and Remediation of Releases ....................................... 11

6.2 Investigation and Remediation of Releases Scope of Work .................................................... 12

6.3 Investigation and Remediation of Releases Report.................................................................. 12

6.4 Investigation and Remediation of Releases Decision Meeting ................................................ 12

6.5 Investigation and Remediation of Releases Decision Document and Implementation............ 12

7. Groundwater Protection and Evaluation ........................................................................................... 12

7.1 Groundwater Flow Model Report ............................................................................................ 12

7.1.1 Scoping Meeting(s) for Groundwater Flow Model Report.......................................... 13

7.1.2 Groundwater Flow Model Report Scope of Work ....................................................... 13

7.1.3 Groundwater Flow Model Report ................................................................................ 13

7.2 Contaminant Fate and Transport Model Report....................................................................... 13

7.2.1 Scoping Meeting(s) for Contaminant Fate and Transport Model Report .................... 13

7.2.2 Contaminant Fate and Transport Model Report Scope of Work.................................. 13

7.2.3 Contaminant Fate and Transport Model Report........................................................... 14

7.3 Groundwater Monitoring Well Network.................................................................................. 14

7.3.1 Scoping Meeting for Groundwater Monitoring Well Network.................................... 14

7.3.2 Groundwater Monitoring Well Network Scope of Work............................................. 14

7.3.3 Groundwater Monitoring Well Network Report.......................................................... 14

7.3.4 Groundwater Monitoring Well Network Decision Meeting ........................................ 14

7.3.5 Groundwater Monitoring Well Network Decision Document and Implementation.... 15

8. Risk/Vulnerability Assessment ......................................................................................................... 15

8.1 Scoping Meeting(s) for Risk/Vulnerability Assessment.......................................................... 15

8.2 Risk/Vulnerability Assessment Scope of Work ....................................................................... 15
iii

8.3 Risk/Vulnerability Assessment Report .................................................................................... 15

9. Work Table........................................................................................................................................ 16

10. Acronyms and Abbreviations............................................................................................................ 18
1

Introduction

This Statement of Work (“SOW”) sets forth the tasks and requirements to be undertaken by 

the United States Department of Navy (“Navy”) and the Defense Logistics Agency (“DLA”), in 

compliance with the Administrative Order on Consent (“AOC”) in the Matter of Red Hill Bulk 

Fuel Storage Facility (“Facility”), located near Pearl Harbor, on the island of Oahu in the State of 

Hawaii. Unless otherwise specified, the underground storage tanks (“USTs”) covered by the 

AOC and this SOW are the twenty (20) field-constructed steel underground bulk fuel storage

tanks (“Tanks”) at the Facility. The Tanks are constructed of steel, encased by an estimated 

minimum of 2.5 to 4 feet of concrete surrounded and supported by basalt bedrock. The primary 

objectives of the AOC and this SOW are to take steps to ensure that the groundwater resource in 

the vicinity of the Facility is protected and to ensure that the Facility is operated and maintained

in an environmentally protective manner. Navy, DLA, the Hawaii Department of Health 

(“DOH”) and the United States Environmental Protection Agency (“EPA”), collectively referred 

to as “the Parties” in the AOC and this SOW, agree that these objectives can best be 

accomplished by ensuring that the Tanks and other infrastructure at the Facility deploy the best 

available practicable technology (“BAPT”) (as defined in Section 3) to prevent fuel releases,

developing a better understanding of the hydrogeology of the area surrounding the Facility, and 

conducting an assessment of the risk to the groundwater resources that may be posed by the 

Facility.

The major components of the Work under this SOW are summarized below.

(1) Navy and DLA will improve upon their existing tank inspection and repair process to 

ensure that the tank infrastructure prevents releases of fuel to the maximum extent practicable.

(2) Navy and DLA will undertake a comprehensive study to investigate the feasibility of 

upgrading the tank structures including, but not limited to, installing secondary containment. 

This study will evaluate several technologies, building on similar efforts conducted by Navy in 

1998 and 2008. After completing the study, a technology or technologies will be approved by 

DOH and EPA (“the Regulatory Agencies”) and implemented by Navy and DLA.

Implementation will occur in phases so that all Tanks in operation will deploy BAPT, as 

approved by the Regulatory Agencies, within twenty-two (22) years of the effective date of the 

AOC or as otherwise provided for in the AOC or this SOW. 

(3) Navy and DLA will, as an interim measure, double the frequency of their tank 

tightness testing from biennial to annual and continue to continuously monitor the inventory of 

fuel in the Tanks. Navy and DLA shall conduct the next round of tank tightness testing no later 

than one year from the effective date of the AOC. As set forth below, Navy and DLA will also 

conduct a study to evaluate improvements to the tank tightness and release detection 
2

technologies deployed at the Facility and, pending the outcome of the study and approval by the 

Regulatory Agencies, implement improvements. 

(4) Navy and DLA will further develop models to better understand groundwater flow in 

the areas around the Facility and evaluate the fate and transport of contaminants in the 

subsurface around the Facility. As set forth below, based on the modeling effort, as approved by 

the Regulatory Agencies, Navy and DLA will develop and improve the existing groundwater 

monitoring network to the extent determined necessary.

(5) Navy and DLA will develop a risk/vulnerability assessment, subject to approval by 

the Regulatory Agencies, in an effort to further understand the potential for and potential impacts 

of fuel releases from the Facility on the island’s drinking and groundwater supplies and to inform

the Parties in development of subsequent BAPT decisions.

Overall Project Management

1.1 Subject Matter Experts Involvement 

It is the intent of the Parties to seek the technical advice of subject matter experts, such as 

the Honolulu Board of Water Supply and the Hawaii Department of Land and Natural 

Resources, as needed, for scoping and review of key deliverables.

1.2 Community Involvement 

The Parties shall update the public jointly based on public interest and at the request of 

one of the Parties. Navy and DLA shall submit a synopsis of each final report developed under 

the AOC, and this SOW, to the Regulatory Agencies who may make that synopsis available to 

the public. 

1.3 Meetings

Meetings may consist of in-person, telephone, or video-conferences, the form of which 

will be based on budget constraints, schedules, and other considerations. Within ten (10) 

business days of a meeting, Navy and DLA shall circulate a summary of the meeting to the

Regulatory Agencies for concurrence. The Parties may request additional meetings beyond the 

meetings outlined in this SOW, as needed. During each meeting, the Parties will identify 

applicable guidance, policies and procedures for the future Work to be performed that follows 

from such meeting. 

1.4 Regulatory Agencies Written Responses

The Regulatory Agencies shall provide joint, written responses for all responses to Navy

and DLA under Section 7 of the AOC (Regulatory Agencies’ Approval of Deliverables). 

1.5 Communications Between Parties

All Parties shall make best efforts to maintain effective and timely communications with 

the other Parties to facilitate implementation of the AOC and this SOW.
3

1.6 Quality Assurance

Navy and DLA shall include a discussion of quality assurance and quality control 

(“QA/QC”) procedures in each Scope of Work submitted to the Regulatory Agencies for 

approval. The QA/QC procedures shall be used to ensure that environmental or other data 

generated meets standards established by the Parties. 

Navy and DLA shall use laboratories that have a documented quality system that 

complies with the “Uniform Federal Policy for Quality Assurance Project Plans” 

(Intergovernmental Data Quality Task Force, March 2005), and the “EPA Requirements for 

Quality Management Plans for Environmental Data Operations (QA/R-2) (EPA/240/B-01/002, 

March 2001),” or equivalent documentation as determined by EPA.

1.7 Definitions

Unless otherwise specified, the terms used in this document shall have the meaning 

defined in the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.) and 40 Code 

of Federal Regulations Part 280 - Technical Standards and Corrective Action Requirements for 

Owners and Operators of Underground Storage Tanks. 

2. Tank Inspection, Repair, and Maintenance

The purpose of the deliverables to be developed and the work to be performed under this 

Section is to identify and evaluate tank inspection, repair, and maintenance (“TIRM”) procedures 

to ensure the continued integrity of the Tanks at the Facility and to develop and implement 

improvements to these procedures to prevent releases to the environment. 

2.1 Scoping Meeting(s) for TIRM Procedures Report

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the TIRM Procedures Report. During the meeting, 

criteria for decision making will be discussed, and a decision will be made as to whether 

additional Scoping Meetings are needed.

2.2 TIRM Procedures Report 

Within 120 days from the final Scoping Meeting, Navy and DLA shall submit a TIRM 

Procedures Report to the Regulatory Agencies. The TIRM Procedures Report shall describe the 

current procedures and evaluate options for improvements to the procedures.

At a minimum, the TIRM Procedures Report will identify and evaluate the following:

a. Current TIRM procedures;

b. Lessons learned from Tank 5 and related modifications to current procedures; 

c. Quality Control and Assurance of TIRM; 

d. Options for improving the TIRM procedures; and
4

e. Schedule/frequency of modified American Petroleum Institute (“API”) 653 tank 

inspections, repairs, and maintenance.

2.3 TIRM Procedures Decision Meeting

Within sixty (60) days from the receipt by the Regulatory Agencies of the TIRM 

Procedures Report, Navy and DLA shall schedule and hold a Decision Meeting to be attended by 

the Parties. The purpose of the Decision Meeting is to outline a plan for implementing improved 

TIRM procedures and propose a schedule for TIRM at the Facility. The Regulatory Agencies 

will not make final decisions on the TIRM procedures until the TIRM Procedures Decision 

Document is submitted under Section 2.4.

2.4 TIRM Procedures Decision Document and Implementation

Within sixty (60) days from the Decision Meeting, Navy and DLA shall submit a TIRM 

Procedures Decision Document to the Regulatory Agencies for approval. The TIRM Procedures

Decision Document shall explain the procedures to be used, and set forth a schedule of 

implementation for TIRM procedures. Once approved by the Regulatory Agencies, Navy and 

DLA shall implement the TIRM Procedures Decision Document in accordance with the schedule 

and shall adhere to it unless modified under Sections 3.5 and 3.7. 

3. Tank Upgrade Alternatives 

The purpose of the deliverables to be developed and work to be performed under this 

Section is to identify and evaluate the various tank upgrade alternatives (“TUA”) and then select 

and implement the BAPT and TIRM procedures that can be applied to the in-service Tanks at the

Facility to prevent releases into the environment.

As used in this SOW, BAPT shall mean the release prevention methods, equipment, 

repair, maintenance, new construction, and procedures, or any combination thereof, that offers 

the best available protection to the environment and that is feasible and cost-effective for the 

Tanks at the Facility. The selection and approval of BAPT shall be based on, but not be limited 

to, consideration of the following factors: (1) the risks and benefits of the particular technology; 

(2) the capabilities, feasibility, and requirements of the technology and facilities involved; (3) the 

anticipated operational life of the technology; and (4) the cost of implementing and maintaining 

the technology. Reliance on any one of these factors to the exclusion of other factors is 

inappropriate.

3.1 Scoping Meeting(s) for TUA Report

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting will be to detail the contents of the Scope of Work for the TUA Report. During 

the meeting, criteria for decision making will be discussed, and a decision will be made as to 

whether additional Scoping Meetings are needed. 
5

3.2 TUA Scope of Work

Within ninety (90) days from the final Scoping Meeting, Navy and DLA shall submit the 

TUA Scope of Work to the Regulatory Agencies for approval.

3.3 TUA Report 

Within twelve (12) months from the Regulatory Agencies’ approval of the Scope of 

Work, Navy and DLA shall submit a TUA Report to the Regulatory Agencies for approval. The 

purpose of the TUA Report is to identify and evaluate the various tank upgrade alternatives that 

can be applied to the Tanks at the Facility.

The TUA Report shall evaluate the following: 

a. Current tank upgrade procedures; 

b. Secondary containment alternatives; 

c. Coatings; 

d. Liners/Bladders; 

e. Associated release detection systems; and

f. Any other alternatives deemed promising.

3.4 TUA Decision Meeting

Within sixty (60) days from the Regulatory Agencies’ approval of the TUA Report, Navy 

and DLA shall schedule and hold a Decision Meeting to be attended by the Parties. The purpose 

of the Decision Meeting is to discuss BAPT, the TIRM procedures, and subsequent actions for 

maintaining, repairing, and upgrading the Tanks at the Facility. Any proposed pilot program may 

also be discussed. The Regulatory Agencies will not make final decisions on the TUA until the 

TUA Decision Document is submitted under Section 3.5. 

3.5 TUA Decision Document and Implementation 

Within sixty (60) days from the Decision Meeting, Navy and DLA shall submit a TUA 

Decision Document to the Regulatory Agencies for approval that identifies the BAPT and the 

manner in which BAPT will be implemented in all in-service Tanks used to store fuel at the 

Facility. The TUA Decision Document shall define and specify the: (1) overall operational 

design of BAPT; (2) technology to be applied; (3) procedural aspects to be implemented; (4) 

plan and schedule for implementation of BAPT setting forth the order and schedule that Tanks 

shall receive BAPT, including a schedule for the start of each tank’s budget planning cycle; and 

(5) performance criteria for successful application of BAPT. The TUA Decision Document shall 

either incorporate the TIRM Procedures Decision Document approved by the Regulatory 

Agencies in Section 2 above, or, consistent with the BAPT identified, incorporate a modified 

TIRM Procedures Decision Document. 

Once approved by the Regulatory Agencies, Navy and DLA shall implement the TUA 

Decision Document for all in-service Tanks in accordance with the approved schedule. The TUA 

Decision Document shall be revised as necessary to incorporate changes to BAPT and its plan 
6

and schedule for implementation, as well as any modifications to the TIRM Procedures Decision 

Document that may occur under Section 3.7. Tanks that have already begun their budget 

planning cycle for a previously approved BAPT, but have not completed installation of that 

BAPT, shall continue with installation of the previously approved BAPT unless all parties agree 

to a revised schedule for installing the new BAPT on those Tanks.

Tanks to which BAPT has not been successfully applied in accordance with a TUA 

Decision Document shall be taken out of use, temporarily closed, and emptied of all regulated 

substances no later than twenty-two (22) years from the Effective Date of this AOC unless an 

extension of time to implement BAPT has been granted pursuant to this Section. Navy and DLA 

shall make good faith efforts to meet this twenty-two (22) year deadline. The Regulatory 

Agencies may grant an extension, or series of extensions, of the twenty-two (22) year deadline, 

totaling no more than five (5) years, to allow additional time to apply BAPT during which time 

Navy and DLA may continue to store regulated substances in Tanks to which BAPT has not yet 

been applied. Upon the expiration of the twenty-two (22) year deadline and any extension(s) 

granted pursuant to this section, all Tanks to which BAPT has not been successfully applied shall 

be taken out of use, temporarily closed, and emptied of all regulated substances or permanently 

closed pursuant to applicable regulations or as approved by the Regulatory Agencies. The 

provisions of the AOC shall not be deemed by the Regulatory Agencies to have been fully 

satisfied until Navy and DLA have successfully applied BAPT to all Tanks which have not been 

permanently closed pursuant to applicable regulation or as approved by the Regulatory Agencies.

3.6 Pilot Programs

At any time, Navy and DLA may propose pilot programs to evaluate technologies and 

use data and conclusions drawn from such pilot programs in the development and evaluation of 

TUA. A pilot program may only be deployed in a Tank with approval from the Regulatory 

Agencies. 

Prior to the installation of a proposed pilot program, Navy and DLA shall submit a Pilot 

Program Decision Document to the Regulatory Agencies for approval. The Pilot Program 

Decision Document can be combined as part of the TUA Decision Document in Section 3.5, if 

appropriate. The Pilot Program Decision Document shall define and specify: (1) the overall 

operational design of the pilot program; (2) the technology to be applied; (3) the procedural 

aspects to be implemented; (4) the Tank(s) to which the pilot program will be introduced; (5) the 

performance criteria and method of evaluating the success of the pilot program; and (6) a plan 

for terminating the pilot program. Any proposed pilot program shall at least be designed to 

provide environmental protection substantially equivalent to that of the currently approved 

BAPT at the time of the pilot program approval.

A pilot program, once approved by the Regulatory Agencies, if successfully installed and 

performing as expected, may continue to be used in a tank in accordance with the Pilot Program 

Decision Document. At the conclusion of the pilot program, or sooner if the operational 
7

performance measures suggest that the pilot program is at least providing environmental 

protection substantially equivalent to the BAPT that was current at the time of the pilot program 

approval, Navy and DLA shall submit a TUA Re-Evaluation Report in accordance with Section 

3.7 proposing either that the pilot program be approved by the Regulatory Agencies as BAPT for 

the piloted tank(s) only, or as BAPT for all in-service Tanks that have not received BAPT. If the 

Regulatory Agencies determine that the pilot program has met its performance measures as 

defined in the Pilot Program Decision Document, the Regulatory Agencies will approve the 

piloted tank(s) as having received BAPT.

3.7 TUA Re-evaluation

At least once every five (5) years from the approval of the initial TUA Decision 

Document, Navy and DLA shall complete a re-evaluation of new technologies to determine if 

either BAPT or the TIRM procedures, or both, should be modified. Navy and DLA shall propose 

a scope and process (i.e., TUA Re-evaluation Scope of Work) to the Regulatory Agencies for 

approval for each re-evaluation period no later than one (1) year prior to the expiration of that 

five (5) year interval between re-evaluation periods. 

Navy and DLA shall submit to the Regulatory Agencies a TUA Re-evaluation Report for 

approval prior to the expiration of that five (5) year interval between re-evaluation periods. The 

TUA Re-evaluation Report shall identify appropriate tank upgrade alternatives and 

recommendations, including modifications, if any, to BAPT or the TIRM procedures, or both. 

Within sixty (60) days of the approval of any TUA Re-evaluation Report by the Regulatory 

Agencies, Navy and DLA shall hold a TUA Re-evaluation Decision Meeting to be attended by 

the Parties to discuss the alternatives and recommendations contained in the TUA Re-evaluation 

Report. Within sixty (60) days of the TUA Re-evaluation Report Decision Meeting, the Navy 

and DLA shall submit to the Regulatory Agencies for approval, any modified TUA Decision 

Document or modified TIRM Procedures Decision Document, or both. After approval by the 

Regulatory Agencies, Navy and DLA shall implement the modified TUA Decision Document, or 

the modified TIRM Procedures Decision Document, or both, in accordance with the approved 

schedule.

Navy and DLA may determine that military construction (“MILCON”) funding is 

required in order to implement the new BAPT identified in a modified TUA Decision Document. 

Such a determination shall be made consistent with federal law, policy, and regulation (see, e.g., 

10 U.S.C. §§ 2801 – 2805; OPNAVINST 11010.20H), and if so made, Navy and DLA may 

upgrade up to four (4) Tanks using the most recent previously-approved BAPT under the 

following circumstances: (1) Navy and DLA have started the MILCON planning process, and 

are continuing to use best efforts to obtain funds for the new BAPT, but funds have not yet been 

authorized and appropriated by Congress; and (2) Navy and DLA have issued a solicitation 

(“Request for Proposals”) for the most recent previously-approved BAPT no later than five (5) 

years after the approval of the most recent modified TUA Decision Document. Thereafter, if 

MILCON funding becomes available for the new BAPT prior to award of a contract for 
8

implementation of the most recent previously-approved BAPT under this paragraph, Navy and 

DLA shall, within ninety (90) days after the MILCON appropriation becomes law, submit to the 

Regulatory Agencies for approval a proposal to either: (1) continue with the implementation of 

the most recent previously-approved BAPT; or (2) implement the new BAPT, along with a 

request for an appropriate extension of time as provided in Section 3.5. Navy and DLA’s efforts 

to start the MILCON planning process shall be demonstrated to the Regulatory Agencies by 

providing a copy of an appropriate two (2)-page draft Military Construction Project Data form 

(“DD Form 1391”) or its equivalent no later than one (1) year after approval by the Regulatory 

Agencies of the modified TUA Decision Document. Navy and DLA shall use their best efforts to 

install the new BAPT in any Tanks that have not already received BAPT as soon as reasonably 

practicable.

4. Release Detection / Tank Tightness Testing

The purpose of the deliverables to be developed and work to be performed under this 

Section is to document the current release detection system and tank tightness testing procedures

used at the Facility, evaluate these procedures, and implement any approved modifications.

4.1 Tank Tightness Testing Frequency

Until the approval of the New Release Detection Alternatives Decision Document as 

described in Sections 4.6 and 4.8 below, Navy and DLA shall increase their tank tightness testing 

from a biennial test to an annual test no later than one year from the effective date of the AOC,

continue to use an inventory control monitoring system, and conduct vapor monitoring for all inservice Tanks as per the DOH-approved “Red Hill Bulk Fuel Storage Facility, Final 

Groundwater Protection Plan” (Dec 2009), or DOH-approved successor plan.

4.2 Outline of Current Fuel Release Monitoring Systems Report

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall submit 

a document outlining the contents of the pending Current Fuel Release Monitoring Systems 

Report (“Outline of Current Fuel Release Monitoring Systems Report”) to the Regulatory 

Agencies for approval.

4.3 Current Fuel Release Monitoring Systems Report

Within sixty (60) days from the Regulatory Agencies’ approval of the Outline of Current 

Fuel Release Monitoring Systems Report, Navy and DLA shall submit a Current Fuel Release

Monitoring Systems Report to the Regulatory Agencies for approval.

At a minimum, the Report shall include:

a. Recordkeeping procedures;

b. Dynamic re-filling procedures for tank re-commissioning;

c. Dynamic filling procedures for daily operations;

d. Static and dynamic release detection systems;

e. Release detection sensitivity; and
9

f. The previously completed 2008 Market Survey of Leak Detection Systems for the 

Red Hill Fuel Storage Facility, Fleet Industrial Center, Pearl Harbor, and the 2014 

Addendum I to the 2008 Market Survey.

4.4 Scoping Meeting(s) for New Release Detection Alternatives

Within sixty (60) days from the Regulatory Agencies’ approval of the Current Fuel 

Release Monitoring Systems Report, Navy and DLA shall schedule and hold an initial Scoping 

Meeting to be attended by the Parties. The purpose of the Scoping Meeting is to detail the 

contents of the Scope of Work for the study to evaluate possible new or improved release 

detection alternatives. During the meeting, criteria for decision making will be discussed, and a 

decision will be made as to whether additional Scoping Meetings are needed. 

4.5 New Release Detection Alternatives Scope of Work

Within ninety (90) days from the Final Scoping Meeting, Navy and DLA shall submit the 

New Release Detection Alternatives Scope of Work to the Regulatory Agencies for approval.

4.6 New Release Detection Alternatives Report

Within twelve (12) months from approval of the New Release Detection Alternatives

Scope of Work, Navy and DLA shall submit a New Release Detection Alternatives Report to the 

Regulatory Agencies for approval.

The New Release Detection Alternatives Report shall include:

a. A description of existing practices; 

b. Static and dynamic release detection system alternatives;

c. Tank tightness alternatives;

d. Comparison of the effectiveness of existing and alternative technologies; and 

e. A decision matrix.

4.7 New Release Detection Alternatives Decision Meeting

Within sixty (60) days from the Regulatory Agencies’ approval of the New Release 

Detection Alternatives Report, Navy and DLA shall schedule and hold a Decision Meeting to be 

attended by the Parties. The purpose of the Decision Meeting is to determine subsequent actions 

for implementing the new release detection alternatives as appropriate. The Regulatory Agencies 

will not make final decisions on the New Release Detection Alternatives until the New Release 

Detection Alternatives Decision Document is submitted under Section 4.8. 

4.8 New Release Detection Alternatives Decision Document and Implementation 

Within sixty (60) days after the Decision Meeting, Navy and DLA shall submit a Release 

Detection Alternatives Decision Document, including an implementation plan and schedule, to 

the Regulatory Agencies for approval. Once approved by the Regulatory Agencies, Navy and 

DLA shall implement the Release Alternatives Decision Document in accordance with the 

approved schedule.
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5. Corrosion and Metal Fatigue Practices

The purpose of the deliverables to be developed and work to be performed under this 

Section is to evaluate the possibility and extent of corrosion and metal fatigue as well as 

practices to control corrosion and metal fatigue at the Facility. Based on this evaluation, 

procedures under Sections 2 or 3 of this SOW may be modified to improve control of corrosion 

and metal fatigue.

Navy and DLA shall maintain records of and continue efforts to complete internal 

cleaning and inspection of the aboveground pipelines in the tunnels within the Facility. 

5.1 Outline of Corrosion and Metal Fatigue Practices Report

Within thirty (30) days of the Effective Date of the AOC, Navy and DLA shall submit an 

outline detailing the contents of the pending Corrosion and Metal Fatigue Practices Report 

(“Outline of Corrosion and Metal Fatigue Practices Report”) to the Regulatory Agencies for 

approval.

5.2 Corrosion and Metal Fatigue Practices Report

Within sixty (60) days from approval of the Outline of Corrosion and Metal Fatigue 

Practices Report, Navy and DLA shall submit a Corrosion and Metal Fatigue Practices Report to 

the Regulatory Agencies for approval. The Corrosion and Metal Fatigue Practices Report shall 

include, among other things, an explanation of the current practices for assessing the condition of 

the Tanks and associated fuel containment infrastructure, including details on the non-destructive 

testing procedures. Additionally, the report will describe any recordkeeping relating to corrosion 

and metal fatigue practices at the Facility.

5.3 Destructive Testing

The purpose of the deliverables to be developed and work to be performed under this 

Section is to verify the findings of the Corrosion and Metal Fatigue Practices Report through the 

use of destructive testing on at least one tank at the Facility.

5.3.1 Scoping Meeting(s) for Destructive Testing

Within ninety (90) days from the Regulatory Agencies’ approval of the Corrosion and 

Metal Fatigue Practices Report, Navy and DLA shall schedule and hold an initial Scoping 

Meeting to be attended by the Parties. The purpose of the Scoping Meeting is to detail the 

contents of the Destructive Testing Scope of Work, and a decision will be made as to whether 

additional Scoping Meetings are needed.

5.3.2 Destructive Testing Scope of Work

Within ninety (90) days from the final Destructive Testing Scoping Meeting, Navy and 

DLA shall submit a Destructive Testing Scope of Work, including a plan for implementation and 

a proposed schedule, to the Regulatory Agencies for approval. The Scope of Work shall detail 
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planned destructive testing to be conducted on at least one (1) tank at the Facility. Once 

approved by the Regulatory Agencies, Navy and DLA shall implement the Scope of Work in 

accordance with the approved schedule.

5.3.3 Destructive Testing Results Report

Within twenty-four (24) months from the Regulatory Agencies’ approval of the 

Destructive Testing Scope of Work, Navy and DLA shall submit the Destructive Testing Results 

Report to the Regulatory Agencies for approval.

5.4 Decision on Need for and Scope of Modified Corrosion and Metal Fatigue Practices

If the Parties determine that the results of the previous deliverables in this Section 

indicate the need for evaluation and implementation of potential changes in practices to control 

corrosion or metal fatigue, Navy and DLA shall, within sixty (60) days from the Regulatory 

Agencies’ approval of the Destructive Testing Results Report, schedule and hold a Scoping 

Meeting to be attended by the Parties for the purpose of developing appropriate modifications to 

the scopes of work and timelines in Section 2 and/or Section 3. Additional scoping meetings 

shall be conducted, and deliverables shall be modified or added using appropriate procedures in 

Section 2 and/or Section 3, as determined necessary by the Parties, to address any needs for 

further evaluation, development, or implementation of practices to control corrosion or metal 

fatigue. Once approved by the Regulatory Agencies, Navy and DLA shall implement the 

approved modifications in accordance with the approved schedule.

6. Investigation and Remediation of Releases

The purpose of the deliverables to be developed and the work to be performed under this 

Section is to determine the feasibility of alternatives for investigating and remediating releases 

from the Facility.

The deliverables shall include:

a. The response to the January 2014 release from Tank #5; and

b. An evaluation and discussion of potential remediation methods for the January 

2014 Tank #5 release and any future releases

6.1 Scoping Meeting(s) for Investigation and Remediation of Releases

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the Investigation and Remediation Releases Scope of 

Work. During the meeting, the criteria for decision making will be discussed, and a decision will 

be made as to whether additional Scoping Meetings are needed.
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6.2 Investigation and Remediation of Releases Scope of Work 

Within sixty (60) days of the final Scoping Meeting, Navy and DLA shall submit the 

Investigation and Remediation of Releases Scope of Work to the Regulatory Agencies for 

approval.

6.3 Investigation and Remediation of Releases Report

Within twenty-four (24) months from the Regulatory Agencies’ approval of the

Investigation and Remediation of Releases Scope of Work, Navy and DLA shall submit the 

Investigation and Remediation Releases Report to the Regulatory Agencies for approval.

6.4 Investigation and Remediation of Releases Decision Meeting

Within sixty (60) days from the Regulatory Agencies’ approval of the Investigation and 

Remediation of Releases Report, Navy and DLA shall schedule and hold a Decision Meeting to 

be attended by the Parties. The purpose of the Decision Meeting is to evaluate the feasibility to 

investigate and remediate potential releases from the Facility to the maximum extent practicable.

The Regulatory Agencies will not make final decisions on the Investigation and Remediation of 

Releases until the Investigation and Remediation Releases Decision Document is submitted 

under Section 6.5.

6.5 Investigation and Remediation of Releases Decision Document and Implementation

Within sixty (60) days from the Decision Meeting, Navy and DLA shall submit a

Decision Document for the Investigation and Remediation of Releases, including a proposed 

plan and schedule for implementation, to the Regulatory Agencies. Once approved by the 

Regulatory Agencies, Navy shall implement the Investigation and Remediation of Releases

Decision Document in accordance with the approved schedule.

7. Groundwater Protection and Evaluation 

The purpose of the deliverables to be developed and work to be performed under this 

Section is to monitor and characterize the flow of groundwater around the Facility. Navy and 

DLA shall update the existing Groundwater Protection Plan to include response procedures and 

trigger points in the event that contamination from the Facility shows movement toward any 

drinking water well. The collective work done in this Section shall be used to inform subsequent

changes to the Groundwater Protection Plan. The deliverables and work to be performed under 

this Section may include the installation of additional monitoring wells as needed.

7.1 Groundwater Flow Model Report

The purpose of this deliverable is to refine the existing groundwater flow model and 

improve the understanding of the direction and rate of groundwater flow within the aquifers 

around the Facility. 
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7.1.1 Scoping Meeting(s) for Groundwater Flow Model Report 

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the draft Scope of Work for the Groundwater Flow 

Model Report, and a decision will be made as to whether additional Scoping Meetings are 

needed.

7.1.2 Groundwater Flow Model Report Scope of Work 

Within ninety (90) days from the final Scoping Meeting, Navy and DLA shall submit the 

Groundwater Flow Model Scope of Work to the Regulatory Agencies for approval. The 

Groundwater Flow Model Scope of Work shall consider interim deliverables to refine the 

groundwater flow modeling and related data requirements prior to completion of the 

Groundwater Flow Model Report. At a minimum, progress reports shall be provided to the 

Regulatory Agencies every four (4) months after approval of the Groundwater Flow Model 

Report Scope of Work.

7.1.3 Groundwater Flow Model Report 

Within twenty-four (24) months from the approval of the Groundwater Flow Model 

Report Scope of Work, Navy and DLA shall submit a Groundwater Flow Model Report to the 

Regulatory Agencies for approval.

7.2 Contaminant Fate and Transport Model Report

The purpose of the Contaminant Fate and Transport Model Report is to utilize the 

Groundwater Flow Model to improve the understanding of the potential fate and transport, 

degradation, and transformation of contaminants that have been and could be released from the 

Facility. 

7.2.1 Scoping Meeting(s) for Contaminant Fate and Transport Model Report

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the draft Scope of Work for the Contaminant Fate 

and Transport Model, and a decision will be made as to whether additional Scoping Meetings are 

needed.

7.2.2 Contaminant Fate and Transport Model Report Scope of Work

Within ninety (90) days from the final Scoping Meeting, Navy and DLA shall submit the 

Contaminant Fate and Transport Model Scope of Work to the Regulatory Agencies for approval.
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7.2.3 Contaminant Fate and Transport Model Report 

Within one-hundred and eighty (180) days from the Regulatory Agencies’ approval of the

Groundwater Flow Model Report, Navy and DLA shall submit a Contaminant Fate and 

Transport Model Report to the Regulatory Agencies for approval. 

7.3 Groundwater Monitoring Well Network

The primary purpose of this deliverable is to evaluate the number and placement of 

groundwater monitoring wells required to adequately identify possible contaminant migration. 

The secondary purpose of this deliverable is to obtain additional data for the Groundwater Flow 

Model and Contaminant Fate and Transport Model Report. 

7.3.1 Scoping Meeting for Groundwater Monitoring Well Network

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the draft Scope of Work for the Groundwater 

Monitoring Well Network. During the Scoping Meeting, the criteria for decision making will be 

discussed, and a decision will be made as to whether additional Scoping Meetings are needed. 

7.3.2 Groundwater Monitoring Well Network Scope of Work

Within ninety (90) days from the final Scoping Meeting, Navy and DLA shall submit the 

Groundwater Monitoring Well Network Scope of Work to the Regulatory Agencies for approval.

The Groundwater Monitoring Well Network Scope of Work shall consider whether interim 

deliverables for developing a groundwater monitoring well network are needed for the 

development of the groundwater flow modeling and related data requirements.

7.3.3 Groundwater Monitoring Well Network Report

Within twelve (12) months from the Regulatory Agencies’ approval of the Groundwater 

Flow Model Report, Navy and DLA shall submit a Groundwater Monitoring Well Network

Report. This report shall include a recommendation of the number and location of groundwater 

monitoring wells, including those already installed and potential new wells, to the Regulatory 

Agencies for approval.

7.3.4 Groundwater Monitoring Well Network Decision Meeting

Within sixty (60) days from the Regulatory Agencies’ approval of the Groundwater 

Monitoring Well Network Report, Navy and DLA shall schedule and hold a Decision Meeting to 

be attended by the Parties. The purpose of the Decision Meeting is to evaluate subsequent actions 

for implementing the Groundwater Monitoring Well Network. The Regulatory Agencies will not 

make final decisions on the Groundwater Monitoring Well Network until the Groundwater 

Monitoring Well Network Decision Document is submitted under Section 7.3.5.
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7.3.5 Groundwater Monitoring Well Network Decision Document and Implementation

Within sixty (60) days from the Decision Meeting, Navy and DLA shall submit a 

Decision Document for the Groundwater Modeling Well Network, including a proposed

implementation plan and schedule, to the Regulatory Agencies for approval. Once approved by 

the Regulatory Agencies, Navy shall implement the Decision Document for the Groundwater

Modeling Well Network in accordance with the approved schedule.

8. Risk/Vulnerability Assessment

The purpose of the deliverables to be developed and work to be performed under this 

Section is to assess the level of risk the Facility may pose to the groundwater and drinking water 

aquifers and to inform the Parties in subsequent development of BAPT decisions. 

The Risk/Vulnerability Assessment Report may include:

a. A risk matrix;

b. Probability of catastrophic events (seismic events, leaks); 

c. Completed hydrology studies; 

d. Probability of mechanical and human errors; and

e. Effectiveness of risk mitigation and protective measures. 

8.1 Scoping Meeting(s) for Risk/Vulnerability Assessment

Within thirty (30) days from the Effective Date of the AOC, Navy and DLA shall 

schedule and hold an initial Scoping Meeting to be attended by the Parties. The purpose of the 

Scoping Meeting is to detail the contents of the draft Scope of Work for Risk/Vulnerability 

Assessment, and a decision will be made as to whether additional Scoping Meetings are needed.

8.2 Risk/Vulnerability Assessment Scope of Work 

Within ninety (90) days from the final Scoping Meeting, Navy and DLA shall submit the

Risk/Vulnerability Assessment Scope of Work to the Regulatory Agencies for approval.

8.3 Risk/Vulnerability Assessment Report

Within eighteen (18) months from the Regulatory Agencies’ approval of the 

Risk/Vulnerability Assessment Scope of Work, Navy and DLA shall submit a Risk/Vulnerability 

Assessment Report to the Regulatory Agencies for approval. The Risk/Vulnerability Assessment 

Report may be revised as new information becomes available. All revisions to the 

Risk/Vulnerability Assessment Report shall be submitted to the Regulatory Agencies for 

approval.
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9. Work Table

Subject Work Dates

Section 2

Tank Inspection, Repair,

and Maintenance

(“TIRM”)

2.1 - Scoping Meeting Within 30 days from effective date of AOC 

2.2 - TIRM Procedures Report Within 120 days from final Scoping Meeting 

2.3 - Decision Meeting Within 60 days from Report Receipt

2.4 - Decision Document/Implementation Within 60 days from Decision Meeting

Section 3

Tank Upgrade Alternatives

(“TUA”)

3.1 - Scoping Meeting Within 30 days from effective date of AOC 

3.2 - Scope of Work Within 90 days from final Scoping Meeting

3.3 - TUA Report Within 12 months from Scope of Work Approval 

3.4 - Decision Meeting Within 60 days from TUA Report Approval 

3.5 - Decision Document/Implementation Within 60 days from Decision Meeting

3.7 - TUA Re-evaluation Report Scope of Work

No later than 1 year prior to expiration of 5-year reevaluation period

3.7 – TUA Re-evaluation Report 

At least once every five (5) years from approval of initial 

TUA Decision Document 

3.7– TUA Re-evaluation Decision Meeting

Within 60 days from approval of TUA Re-evaluation 

Report

3.7 – Modified TUA Decision Document (if required) Within 60 days from TUA Re-evaluation Decision Meeting

3.7 – Modified TIRM Decision Document (if required) Within 60 days from TUA Re-evaluation Decision Meeting 

3.7 – Military Construction Project Date form (DD Form 

1391) or equivalent (if required)

Within 1 year from modified TUA Decision Document 

approval

3.7 – Proposal to continue with old BAPT or implement 

new BAPT (if required)

Within 90 days after military construction funds are 

appropriated

Section 4

Release Detection / Tank 

Tightness Testing

4.1 Tank Tightness Testing Frequency Within 1 year from effective date of AOC

4.2 - Outline of Current Fuel Release Monitoring Systems 

Report Within 30 days from effective date of AOC 

4.3 - Current Fuel Release Monitoring Systems Report

Within 60 days from Outline of Current Fuel Release 

Monitoring Systems Report Approval

4.4 - Scoping Meeting

Within 60 days from Current Fuel Release Monitoring 

Systems Report Approval

4.5 - Scope of Work Within 90 days from final Scoping Meeting

4.6 - New Release Detection Alternatives Report Within 12 months from Scope of Work Approval 

4.7 - Decision Meeting

Within 60 days from New Release Detection Alternatives 

Report Approval 

4.8 - Decision Document/Implementation Within 60 days from Decision Meeting 

Section 5 

Corrosion and Metal 

Fatigue Practices

5.1 - Outline of Corrosion and Metal Fatigue Practices 

Report Within 30 days from effective date of AOC 

5.2 - Corrosion and Metal Fatigue Practices Report

Within 60 days from Outline of Corrosion and Metal 

Fatigue Practices Report Approval

5.3.1 - Scoping Meeting for Destructive Testing Within 90 days from Report Approval

5.3.2 - Scope of Work for Destructive Testing Within 90 days from final Scoping Meeting 

5.3.3 - Destructive Testing Results Report Within 24 months from Scope of Work Approval

5.4 - Scoping Meeting for Modified Corrosion and Metal 

Fatigue Practices (if required)

Within 60 days from Destructive Testing Results Report 

Approval

Section 6

Investigation and 

Remediation of Releases 6.1 - Scoping Meeting Within 30 days from effective date of AOC 

6.2 - Scope of Work Within 60 days from final Scoping Meeting

6.3 - Investigation and Remediation of Releases Report Within 24 months from Scope of Work Approval

6.4 - Decision Meeting 

Within 60 days from - Investigation and Remediation of 

Releases Report Approval
17

6.5 - Decision Document/Implementation Within 60 days from Decision Meeting

Section 7

Groundwater Protection 

and Evaluation

Section 7.1

Groundwater Flow Model 

Report

7.1.1 - Scoping Meeting Within 30 days from effective date of AOC 

7.1.2 - Scope of Work Within 90 days from final Scoping Meeting

7.1.3 - Groundwater Flow Model Report Within 24 months from Scope of Work Approval

Section 7.2

Contaminant Fate and 

Transport Model Report

7.2.1 - Scoping Meeting Within 30 days from effective date of AOC 

7.2.2 - Scope of Work Within 90 days from final Scoping Meeting

7.2.3 - Contaminant Fate and Transport Model Report

Within 180 days from Groundwater Flow Model Report 

Approval

Section 7.3

Groundwater Monitoring 

Well Network 

7.3.1 - Scoping Meeting Within 30 days from effective date of AOC 

7.3.2 - Scope of Work Within 90 days from final Scoping Meeting

7.3.3 - Groundwater Monitoring Well Network Report

Within 12 months from Groundwater Flow Model Report 

Approval

7.3.4 - Decision Meeting

Within 60 days from Groundwater Monitoring Well 

Network Report Approval

7.3.5 - Decision Document/Implementation Within 60 days from Decision Meeting

Section 8

Risk/Vulnerability 

Assessment

8.1 - Scoping Meeting Within 30 days from effective date of AOC 

8.2 - Scope of Work Within 90 days from final Scoping Meeting

8.3 - Risk/Vulnerability Assessment Report Within 18 months from Scope of Work Approval
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10. Acronyms and Abbreviations

AOC Administrative Order on Consent

API American Petroleum Institute

BAPT Best Available Practicable Technology

DLA Defense Logistics Agency

DOH Hawaii Department of Health

EPA United States Environmental Protection Agency

Navy United States Department of Navy

QA/QC Quality Assurance and Quality Control

SOW Statement of Work

TIRM Tank Inspection Repair, and Maintenance

TUA Tank Upgrade Alternatives

USTs Underground Storage Tanks