HOUSE OF REPRESENTATIVES 

STATE OF HAWAII 

STATE CAPITOL 

HONOLULU, HAWAII 96813 

June 17, 2015 

Solid and Hazardous Waste Branch — Attn: Red Hill 

Hawaii Department of Health 

919 Ala Moana Boulevard #212 

Honolulu, HI 96814 

Dear DOH Solid and Hazardous Waste Branch, 

I am the State Representative for District 31, which includes Red Hill, Moanalua, Foster 

Village, Aliamanu, Aiea, and Lower Pearlridge. I am submitting public comments for 

your review on the Administrative Order on Consent (AOC) and Statement of Work 

(SOW). 

On January 16, 2014, the Navy confirmed that there was a fuel leak at the Red Hill Fuel 

Storage Facility, which was estimated at approximately 27,000 gallons of fuel. In 

response, the US Environmental Protection Agency (EPA), the Hawaii State Department 

of Health (DOH), and the US Navy released a proposed agreement, referred to as an 

Administrative Order on Consent (AOC) and Statement of Work (SOW). This 

agreement requires the Navy to take measures to appropriately address the threat of 

future leaks at the Red Hill Fuel Storage Facility. 

I have reviewed the documents listed above and would like to thank all the stakeholders 

that have contributed to this agreement. While I believe that this plan represents a step in 

the right direction, I have serious concerns about some of the items contained in the draft 

AOC. In general, the AOC does not seem ambitious enough in its implementation 

timeframe, considering that over a year-and-a-half has passed since the leak was first 

reported to the public. Given the severity of potential consequences to Oahu's water 

supply and the environment, the implementation of the studies and safety precautions 

suggested in the AOC should be expedited and implemented as soon as possible. 

Of particular concern is the AOC's reference to tank structural upgrades having to be 

completed within twenty-two years of the effective date of the AOC. While I recognize 

that this technology will take time to choose, develop, and implement, a twenty-two year 

timetable is problematic for the general public concerned about threats to their water 

supply. Twenty-two years leaves much room for many additional leaks and/or other 

Representative Aaron Ling Johanson 

House District 31 — Moanalua, Foster Village, Aiea, Lower Pearlridge, Ft. Shaffer, Aliamanu, Red Hill 

Hawaii State Capitol, Room 427 • Honolulu, HI 96813 

Phone: (808) 586-9470 • Email: repjohansontkapitol.hawatigov 
issues to arise. Additionally, there is a provision in the draft AOC that would allow tanks that 

are already budgeted and scheduled to be outfitted with the best available practicable technology 

(BAPT) that exists today to not be retrofitted with the BAPT that will be selected after a 

mandated study. Why would we want to allow phased implementation of multiple technologies 

on the same set of tanks, all potentially with the same set of issues? If we truly are going to find 

the best possible solution for making the tanks more secure, we should do everything possible to 

reduce any potential threat to our water supply and the environment. 

I also am concerned about the timelines of studies mandated in the AOC. The two-year timeline 

on the Investigation and Remediation Releases Report to the Regulatory Agencies and the 

Groundwater Flow Model Report has the potential to severely delay implementation of needed 

safety measures. Most of these studies could have already been finished in the one-and-a-half 

years since the leak was first reported to the public (January 16, 2014), which makes the added 

time for investigation all the more frustrating. Finally, allowing eighteen months for the 

finishing of a risk/vulnerability assessment report seems like it would severely threaten any 

major work that could be done within the next eighteen months to mitigate hazards to the public. 

While I appreciate the work that went into this AOC and SOW and applaud the intent of the 

Navy and the DOH to take steps to secure the integrity of our community's water supply, I am 

troubled by the delays that this AOC seems to signal and institutionalize. Our community has 

waited for decisive action on this problem for over a year and a half. I would urge the Navy and 

the DOH to work to revise timetables to deal with these real threats in a more urgent and 

expedient manner. 

Thank you for the opportunity to provide comments on this important document. 

Respectfully Submitted, 

Crith 

Aaron LinJohábon 

State Representative, District 31 

415 S. Beretania St., Rat 427 

Honolulu, HI 96813 

Cc: Mr. Jared Blumenfield, Regional Administratior, U.S. Environmental Protection Agency, Region 9 

Dr. Virginia Pressler, M.D., Director, State of Hawaii, Department of Health 

The Honorable Brian Schatz, U.S. Senator 

The Honorable Mazie Hirono, U.S. Senator 

The Honorable Mark Takai, U.S. Representative 

The Honorable Donna Mercado Kim, State Senator 

Duane Miyashiro, Chair, Board of Water Supply 

Ernest Lau, Manager and Chief Engineer, Board of Water Supply 

The Honorable Carol Fukunaga, Councilmember 

The Honorable Brandon Elefante, Councilmember 

Representative Aaron Ling Johanson 

House District 31 — Moanalua, Foster Village, Aiea, Lower Pearlridge, Ft. Shaffer, Aliamanu, Red Hill 

Hawaii State Capitol, Room 427 • Honolulu, HI 96813 

Phone: (808) 586-9470 • Email: repjohanscm@capitolhawaiigov