Bill Text: HI SB2930 | 2018 | Regular Session | Amended
Bill Title: Relating To Underground Storage Tanks.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2930 Detail]
Download: Hawaii-2018-SB2930-Amended.html
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THE SENATE |
S.B. NO. |
2930 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNDERGROUND STORAGE TANKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that underground storage tank and tank
system regulations are intended to protect the environment by preventing the
release of petroleum and hazardous substances into the environment. According to the Environmental Protection
Agency, underground storage tank systems pose a substantial threat to human
health and the environment.
The legislature also finds that the lands
and waters of Hawaii are unique and delicately balanced resources, the
protection of which is vital to the economy of the State, and the protection of
groundwater is a matter of the highest priority. As the primary source of potable water in
Hawaii, groundwater must be preserved in as close to pristine condition as
possible and accommodate the needs of multiple public and private users.
The legislature further finds that the
storage of petroleum products and hazardous substances in underground storage
tank systems within the jurisdiction of the State is a hazardous undertaking,
and that spills, discharges, and releases of the substances that may occur as a
result of private and governmental actions involving the storage of these
products can pose serious threats to the environment of the State, to citizens
of the State, and to other interests deriving livelihood from the State. These hazards have occurred in the past and
future potentially catastrophic threats must be addressed and mitigated.
The
legislature further finds that the Red Hill bulk fuel storage facility, the
State's largest field-constructed underground storage tank system, stores more
fuel in a single location than any other underground storage tank system in
Hawaii. The facility stores up to 187
million gallons of fuel per day, has a total capacity of 250 million gallons,
and is located only one hundred feet above a federally designated sole-source
aquifer drinking water source. Previous
core samples from nineteen of the twenty tanks at Red Hill have evidence of
weathered contamination from past releases, and a release of approximately
twenty-seven thousand gallons of petroleum products in 2014 further endangered Hawaii's groundwater resources. However, chapter 11-281, Hawaii
Administrative Rules, exempts field-constructed underground storage tanks, tank systems, and related
piping, including the Red Hill bulk fuel storage facility, from some of the
requirements that must be met by owners and operators of
other underground storage tanks or tank systems. Field
constructed tanks, including the tanks at Red Hill, are governed by parts of
chapter 11-281, Hawaii Administrative Rules, including subchapter 6 (release reporting,
investigation, and confirmation), subchapter 7 (release response action),
subchapter 8 (closure and change-in-service), section 11-281-12 (tank
requirements), and section 11-281-13 (piping requirements). Providing the State's largest
field-constructed underground storage tank facility with an exemption from other
regulatory requirements that must be met by other underground storage tank and
tank system owners is extremely detrimental to human health and the environment.
The
purpose of this Act is to protect the State's underground drinking water sources
and surrounding environment by requiring the department of health to adopt
rules for underground storage tanks, tank systems, and related piping that conform with 2015 revisions to
federal regulations and include additional requirements no less stringent than
any regulation established pursuant to federal law for certain
field-constructed underground storage tanks, including compliance with certain
requirements in chapter 11-281, Hawaii Administrative Rules, or successor rules.
SECTION
2. On or before October 13, 2018, the
department of health shall adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, including necessary revisions, to conform Hawaii's underground
storage tank and tank system rules with the July 15, 2015, revisions to
the United States Environmental Protection Agency underground storage tank
regulations codified in title 40 Code of Federal Regulations part 280; provided
that the department shall additionally require through rules that:
(1) All
field-constructed underground storage tanks with storage capacities greater
than fifty thousand gallons shall:
(A) Be
required to upgrade with secondary containment with interstitial monitoring by
July 1, ; and
(B) Be subject to the permitting requirements
specified in chapter 11-281, Hawaii Administrative Rules, or successor rules;
(2) All onsite integral piping connected to any field-constructed underground storage tanks with storage capacities greater than fifty thousand gallons shall:
(A) Be required to upgrade with secondary containment with interstitial monitoring by July 1, , if the piping is in contact with the soil, concrete, or cannot be visually inspected; and
(B) Be subject to the permitting requirements specified in chapter 11-281, Hawaii Administrative Rules, or successor rules;
provided that "onsite integral piping" means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. Vapor, or other recovery lines, pipeline facilities, and vent lines, are not considered integral piping. Integral piping includes all valves, elbows, joints, flanges, pumps, and flexible connectors associated with the pipe originating at the storage tank up to the union of the integral piping with the dispensing system, the fill valve, the forwarding pump used for transferring regulated substances to a flow-through process tank or an industrial production or manufacturing point of use, the first flange or connection within a loading rack containment area, or the first shoreside valve after the marine transfer area for on-site piping at regulated underground storage tank facilities;
(3) Owners and operators of field-constructed underground storage tanks that fail to meet the deadline specified in paragraphs (1)(A) and (2)(A) shall empty the storage tank system, take the system out of service by July 1, , and permanently close the tank by July 1, , in accordance with chapter 11-281, Hawaii Administrative Rules, or successor rules; and
(4) The
department of health shall revoke the permits of any owners and operators of field-constructed
underground storage tanks that fail to meet the deadline specified in
paragraphs (1)(A) and (2)(A) for upgrading with secondary containment.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Underground Storage Tanks and Systems; Environmental Protection; Department of Health
Description:
Requires, on or before 10/13/2018, that the department of health adopt rules for underground storage tanks and tank systems to conform with certain federal regulations and that include additional requirements for field-constructed underground storage tanks and tank systems. Effective 07/01/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
