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.hawatigovissues 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,

Cr ith 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