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Report to the Twenty-Ninth Legislature State of Hawaii 2017

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Report to the Twenty-Ninth Legislature State of Hawaii 2017 REPORT TO THE TWENTY-NINTH LEGISLATURE STATE OF HAWAII 2017 PURSUANT TO CHAPTERS 128D AND 128E, HAWAII REVISED STATUTES, REQUIRING THE DEPARTMENT OF HEALTH TO REPORT ENVIRONMENTAL RESPONSE LAW AND HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT FINANCIAL AND ENVIRONMENTAL SITE INFORMATION FY2016 PREPARED BY: DEPARTMENT OF HEALTH STATE OF HAWAII DECEMBER 2016 ENVIRONMENTAL RESPONSE AND PLANNING COMMUNITY KNOWLEDGE REPORT TO THE TWENTY-NINTH LEGISLATURE, STATE OF HAWAII 2017 Blank Page ENVIRONMENTAL RESPONSE AND PLANNING COMMUNITY KNOWLEDGE REPORT TO THE TWENTY-NINTH LEGISLATURE, STATE OF HAWAII 2017 EXECUTIVE SUMMARY REPORT ON THE ENVIRONMENTAL RESPONSE REVOLVING FUND FOR FISCAL YEAR 2016 Chapter 128D, HRS, Environmental Response Law, and Chapter 128E, HRS Hawaii Emergency Planning and Community Right-to-Know Act This report, prepared by the State of Hawaii Department of the “environmental response oil tax.”, and from a of Health (DOH), Environmental Health Administration 4.8% share of a 19 cent tax levied on each one million (EHA), Hazard Evaluation and Emergency Response British thermal units of fossil fuel sold by a distributor. (HEER) Office, complies with the Hawaii Environmental DOH receives a 5-cent share of the $1.05 per barrel tax. Response Law (HERL), Chapters 128D and 128E, Hawaii The General Fund receives sixty cents of the tax. Two Revised Statutes (HRS) requiring the DOH to report to the funds, the Department of Business, Economic State Legislature on the Environmental Response Law Development and Tourism Energy Systems Development and Hawaii Emergency Planning and Community Right to fund and the Hawaii Department of Agriculture, Know Act (HEPCRA). Agricultural Development and Food Security special fund The report presents an accounting of FY2016 Chapter receive the remaining 40 cents. In addition, fines and 128D, HRS, Environmental Response Revolving Fund penalties generated by the Hazard Evaluation and (ERRF) budget and expenditures for five Environmental Emergency Response Office, Clean Water Branch, Safe Health Administration (EHA) programs. The report also Drinking Water Branch, Solid and Hazardous Waste presents an accounting of Chapter 128E, HRS, HEPCRA Branch, Clean Air Branch, and the Indoor and Tier II filing fees collected and distributed for FY2016. Radiological Branch are deposited into the ERRF. Oil tax revenue to DOH in FY2016 was $1,287,966. Total ERRF Supports Environmental Health revenue to the ERRF, including the oil tax revenue, was Administration $1,517,180. Budget and Expenditure Prior to FY2016, the ERRF funded five Environmental The legislature appropriated $1,712,734 for operating Health Administration (EHA) programs with 31 occupied expenses to the Environmental Management Division positions. They are the Hazard Evaluation and (EMD) and Hazard Evaluation and Emergency Response Emergency Response (HEER) Office, Environmental (HEER) Office. Management Division (EMD), Clean Water Branch (CWB), The state expended $1,120,958 from the ERRF during FY Safe Drinking Water Branch (SDWB), and the Solid and 16 for the five programs. Hazardous Waste Branch (SHWB). The 2015 Legislature changed the means of financing for all 31 occupied DOH Oil Tax Revenue Declining positions from ERRF to general funds and eliminated 10 vacant positions, effective July 1, 2015. The legislative The 5-cent per barrel “environmental response tax” changes enacted removed certain uses of the fund, revenue to environmental programs is in decline. For returning the focus to removal, remediation, and fiscal years 2012, 2013, 2014, 2015 and 2016 oil tax detection of oil and pollutant or contaminant releases; revenue was $1,314,717, $1,294.756, $1,239,739, and removal and remediation of hazardous waste and $1,236,065 and $1,287,966, respectively. After multiple any other solid, liquid, or gaseous substance that may years of declining revenues, FY2016 saw a slight increase, harm the environment. possibly due to the additional revenue stream from the 19 cent tax on BTUs of fossil fuels. 2015 Legislative Changes to HRS 128D and HRS 243 Revenue to Affect ERRF in FY2016 ERRF generates revenue in variable amounts during any In July, 2015, Governor Ige signed into law revisions to given year from the fines, penalties, and interest earned Section §128D-2 to limit the uses of the fund and by the environmental programs, and from a 5-cent share remove references to food security and sustainable energy development. In addition, revisions to §243-3.5 ENVIRONMENTAL RESPONSE AND PLANNING COMMUNITY KNOWLEDGE REPORT TO THE TWENTY-NINTH LEGISLATURE, STATE OF HAWAII 2017 ES-1 EXECUTIVE SUMMARY modified the Environmental Response, Energy and Food notifications managed by the HEER Office State On-Scene Security Tax to add a 19 cent tax on each one million Coordinators (SOSCs). HEER identified 276 cases directly British thermal units of additional fossil fuels and to related to petroleum releases. allocate 4.8% of said tax to the ERRF. The change in the Thirdly, the Hawaii State Response Program List of means of finance for the 31 occupied positions from Priority Sites presents all non-military Hawaii sites ERRF to general also took effect in July 2015. Changes identified for potential or known non-emergency affecting the ERRF have been reported in detail in this response actions under HRS 128D. The list shows 538 Report. active sites under direct DOH oversight in the various State programs. This includes 63 new sites added during Hawaii State Response Program Impacted by the last fiscal year, and 23 sites with known or suspected Federal Budget Cuts contamination that received No Further Action (NFA) determinations since the beginning of FY2016. Because ERRF funding does not fully support the state’s response obligation, the HEER Office implements the Finally, the Hawaii State Response Program Defense and environmental site identification, assessment, and State Memorandum of Agreement (DSMOA) Program List cleanup program using combined ERRF, General Fund, of Priority Sites presents a list of 400 military sites in and federal cooperative agreement funding. Hawaii for which HEER’s Site Discovery and Remediation The United States Environmental Protection Agency’s (SDAR) section provides oversight. This includes 17 new (EPA) budget cuts from 2010 to 2016 resulted in a net DSMOA site listings and 26 sites with known or suspected loss of $363,000 to our EPA State Response Program contamination that received NFA determinations. (SRP) grant, reducing funding for both staff and program SDAR provides regulatory oversight of hazardous activities. While the SRP allocation remained stable substance response actions for DOD service branches between 2014 and 2015 at $980,850, our FY2016 under federal CERCLA authorities and HRS 128D. Sites allocation dropped to $936,300. The smaller Preliminary include numerous high priority unexploded ordnance Assessment/Site Investigation (PA/SI) grant which funds sites (UXO), and multiple diverse military operations, site discovery activities has been cut from $275,000 in including tank farms, pipelines, industrial activities and 2013 to the 2015 allocation of $223,000, but has been active training sites. A DOD cooperative agreement temporarily restored for FY2017 to $275,000. funds investigation, cleanup and DOH oversight of most EPA has notified HEER that the SRP grant allocation for military sites under EPA CERCLA authority. Investigation 2016 is likely to decrease substantially due to a proposed and cleanup of petroleum-contaminated military sites change in the EPA allocation formula. Future funding are exempt under CERCLA, and are conducted under HRS levels for PA/SI are expected to drop back to no more 128D authority. Cleanup and DOH oversight for than $225,000 in 2017. petroleum related activities are also covered under the cooperative funding agreements. The Hawaii State Response Program (HSRP) Site Lists Hawaii Department of Health Website This annual report presents four distinct Site Lists at the Additional information about the DOH and its end of this document. environmental programs is located at: First, per HRS 128D, this annual report identifies Sites http://health.hawaii.gov/. Specific information on the Eligible for Possible Remedial Action Under The environmental programs may be located through the Comprehensive Environmental Response Compensation ‘Environmental Health’ and ‘Emergency Preparedness and Liability Act (CERCLA). Three of these sites are listed and Response’ drop down menus on the front page, on the National Priorities List (NPL). Eight other Hawaii under Health and Safety Topics. sites met initial criteria for listing on the NPL. Information about HEER Office activities including recent Responsibility for oversight of these sites has been events, new initiatives, public records, fact sheets and transferred to the HEER Office. comprehensive guidance documents may also be directly accessed at: http://eha-web.doh.hawaii.gov/ Secondly, the FY2016 Hawaii State Response Program eha-cma/Org/HEER/ (HSRP) Chemical Release Notification Log lists 480 release ENVIRONMENTAL RESPONSE AND PLANNING COMMUNITY KNOWLEDGE REPORT TO THE TWENTY-NINTH LEGISLATURE, STATE OF HAWAII 2017 ES-2 128D, HRS, HERL REPORT REPORT ON CHAPTER HRS 128D, HRS, ENVIRONMENTAL RESPONSE LAW (HERL) Environmental Response Revolving Fund (ERRF) Budget Report The Chapter 128D, HRS, Environmental Response Law Annual de minimis Settlements (HERL) annual report to the Twenty-ninth Legislature, State of Hawaii, presents an accounting
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