HomeMy WebLinkAboutCOM 0563.000 2000-2002 J~~Y ®E l.~
Harry Kim William Takaba
,,Li;~
Mayor ' Director
s•
- ~ Nancy E. Crawford
sy~':',w M;
:•Pe~ Deputy Director
>F ®s•wA•~
County of ~Iawaii R
Finance Department , _1
.e;
25 Aupuni Street, Room 1 l8 • Hilo, Hawaii 96720 ~ ~
,
(808)961-8234 • Fax (808)961-8248 _
_
t~
March 19, 2002 ~
Honorable James Arakaki, Chairperson and
Members of the County Council 4
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Resolution Accepting Donation
Enclosed is a resolution accepting a donation of nearly $70,000 worth of Hazmat
response equipment to the Hawaii County Fire Department. This donation is being
made by Brewer Environmental Industries, LLC, 311 Pacific Street, Honolulu, Hawaii
96817; as part of a settlement agreement with the Environmental Protection Agency
(EPA).
If there are any questions, please do not hesitate to call the Hawaii County Fire
Department.
William Taka a
Director of Finance
APPROVED:
Harry Kim
Mayor
Enc.
Cornrn, No•
cc: Fire
F51n Igo.
> ~ Ref. 'ro;
Ref. Date f: ~ .
Form 8-52
7/18/91
DEPARTMENT OF FINANCE
F2EQUEST -FOR COUNCIL ACTION
DEPARTMENT: FIRE DATE: March 15, 2002
STAFF CONTACT: Gerald Makino PHONE: 969-7912
A. REQUEST:
Prepare a resolution to accept the donation of $70,000 worth of Hazmat response equipment from Brewer
Environmental Insustries, LLC (BEI).
B. BACKGROUND AND JUSTIFICATION (USIA ADDITIONAL SHEETS AS NEEDED):
The donation by BEI is part of a settlement agreement with the Environmental Protection Agency (EPA)
under its "Supplements! Environmental Projects" program made for "Apparent Violations of the Emergency
Planning and Commuity Right to Act (EPCRA) and Section 103 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), and Section 112® of the Clean Air Act (CAA)".
The equipment will improve the ability of the county to assess hazardous material risk and respond to
chemical spills. The equipment include '°Kona spill response equipment°° consisting of encapsulated suits,
breathing apparati and respirators; and thermal imaging devices, chemical sensors, and computers to serve
the entire island. The list was compiled in consultation with Dr. John Bowen, LEPC Hawaii chair and Fire
Captain Myron Yoshioka of the department's Hazmat Unit.
The equipment will be turned over to the county in a formal presentation by BEI after the adoption of this
resolution.
See attachments.
1 5 2002
SIGNED: r' DATE:
Department Head
.
~~~~3h~~ a Ali®X
3~ 1 ~~c's~~ str~~~
~~~~3 ~~~3~
~l~®~ ~ ~~~-~4~~
January 22, 2802
the I"9onorabl~ Harry !Finn
I'~layor of the County of Hawaii
~5 Aupaa€~i Strut, I~rr~. 215
Hilo, HI 96720
Subject; brewer ~nvir®r~rnen#al Industries, LLC
A ~forc~e~t ~ctlon8 Supplements! ~nvironernenl ~rajects
eency response q~lprnent ~onati®n
Caear ~Aayor ICi~n:
As ~noe have discussed previously, ~revoer Isnvironrnantal Industries, LLC (SCI) is
pleased to do~at~ to the County of H~aii ernerg€rscy response egt~ipa~er~t i€sted in
ttachnnent ~ to this letter. phis equipment +a~ill improve the ability of yoasr co~sr$ty to full
4h~ir obligations under the ~mergecy ~Ianr~ing Cornnnunity Fight-to~Kno~ Act
(~C), to collect information to assess the dangers of hazardous chemicals present
at faciliti~;s vaithin your jurisdiction, to develop better emergency response plans, to train
emergency response personnel, and to better respond to chemical spills. fur '~.I~. of
fia~~ities and egul~atory Cornpiiance, tennis soma, ~+vorked closely with Capt. l~Ayron
~'oshioka, the T ~feam, end the L~F'C represen$ative, John ~ovaen to wive at
the list in A#tachrnent ~4. the Cos~nty of Havraii will be receiving ~70,OOt3 v~orth of
equips~er~t, wore than any of the other counties. ~quipr~nent purchases mere made in
rn;ir3d such that them is enough to pre6position equipment in Dona, something that has
not occurred to date.
phis eq€~iprner~t purchase and donatio~i by AEI is part of a settlerrtent agreemt ~sith
the ~nviror~rneratal I~rotection ~gerzcy (l~A). NVe are pleased that SPA al€oed us to
take advantage of a Supplenne€~tal environmental projects, such that the enforcerr~ent
dollars are directed back to the cornrnrsity, rather than to the governrr~ent's general
fund even thoh the cost is greater to ~I by doing it this way.
~
~C~~~i~~"f l.BS~
®°f1P ~ ui men$ d3escri tioa~ Cost
1 1`herrna# lrna Cearice =~ltransrnit acka a $20,500
6 !S! ~likin SSA ~!1/AlB~a~`sa~ Bnterfiace for Sabre $23,400
3 iS9 S -are i3ott~~s, 60 rnin, C/F, 4500 si $3,150
2 AiB~ ilBenniura~ 4 as cf~;t~ctor w/calibration kit $5,530
1 Panas®nic ~mugsook Laptop Coma~puter av/ $3,607
~eBican case, Q°#tsee XF~
1 Son ~s ita! Camera PCi 10 w+/enca sofa#ion $2,705
1 Chlorine bA fit $1,925
1 Chle~rine B~~co~e ~esset $3 242
1 R~BC Brecon l~azat SB~o~aer $560
8 T cB~en's 10k Le~sei S ~i ianca .Suits $1,440
2 _~u ant B+Aarnaac dash (~~er suits $945
1 Sark B~roo# ~'oe~ tC'st $950
5 Absorbent ~at~;riai, 3.8 cube $790
~°®tal $69,73
_
Breaver Environmental Industries, LLC
EI'A Settiel<nent 1~legotiations
EPCIIA ~ CAA ~ CEIiCLA
Supplemental Environmental Project Scopes
Brewer Environmental Industries, LLC (BEn has prepared the following project scopes in accordance
with the EPA Supplemental Environmental Projects (SEP) Policy (effective May 1, 1998).
Back round
The EPA Region rX Emergency Response and Preparedness Branch inspected BEI in March,
2000, with regard to EPCRA Section 311-and 312 reporting and the CAA Section 112(r)
Accidental Releases. The EPA cited for 13EI for nine counts involving one for untimely
reporting of the sulfuric acid spill in ®ahu on November 25, 1999 under CERCLA Section
103, two citations for failure to submit adequate Risk Management Plans under CAA Section
l 12(r), and stet citations (3 for Section 3l 1 and 3 for Section 312) reporting under EPCRA.
In June, 2001, BEI and EPA reached a tentative settlement for $205,575, with a minimum of
25 percent paid in cash, and the remainder amount applied towards SEPs. The EPA agreed to
allow BEI to solicit information from the Hawaii County LEPCs and Fire I-IA~iAT teams,
and to meet and discuss options with the State Emergency Response Commission. With this
in mind, the following Scopes are proposed. 'They are not in any particular order of priority.
SEP ScS
mss: .
l . K®na Spill response Equipment ~-This project falls under the Emergency Planning
and Preparedness category for I-IA2:MAT equipment. The County of I-Iawaii
I~IA~MAT team is located at the Hilo Fire Department. When an incident occurs in
Kona, the team has to mobilize its equipment from Kilo to Kona, To better serve the
community end reduce the time it takes Kona to receive equipment, we propose to
provide the County of Hawaii with the equipment listed below. By propositioning
equipment in Kona, this will enahle a faster response by I
Iilo I~IAZMAT personnel
which are authorized to fly to Kora for emergencies.
List of ui rnent
Descri lion QTY I~escri tion TY
Level B S lash Suit 6 1~3eutraDHZation Material, 5 al size arias
Air `Tanks 6 ~ Gas Monitor Portable l
Res irators 6 Devon. Booth l
Misc. Absorbents varies
Misc. Tools (shovel, squeegee, 2 kits
broom), s ark -roof -
2.. 7`ank Patch I~it ®This project falls. under the Emergency Planning and Preparedness
~ . "category for HAZMAT equipment. We propose to purchase two additional kits, one foe
Kauai .arid one for Hawaii Co~Hnty. These magnetic patch kits are designed to patch holes and
stop leaks in tanks. They can handle €ircular punctures, jagged tears, rips, creeks, fractures and
weld fatigue and can be applied on flat or curved surfaces.
.
3. Thermal lmagireg Devices -This project falls under the Emergency Planning and
Preparedness category for l-lAZ1V1AT equipment. These devices are becoming more and
more utiiiaed by HAZMAT Teams. They are capable of determining volumes in tanks,
- identify possible exothermic reactions happening when two chemicals are mixed, see through
smoke, and locate plume dispersions. This tool would be a terrific value to 1-IAZMAT teams.
4. Chlori~ae A and B I~it Upgrades -This project falls under the Emergency Planning and
Preparedness category for l-IAZMAT equipment. Each County can use additional bits, or
upgrades to their kits. Kits can be used with most gas cylinders to stop leaks from catastrophic
failure. Since BEI is largest Chlorine distributor, we would like to ensure each county has the
capability to respond with adequate equipment.
5. Chl®rine Rec®very Vessels -'This project falls under the Emergency Planning and
Preparedness category for HAZMAT equipment. BEI proposes to assess each current
recovery vessel located in 1-lawaii and determine whether vessels need replacement or repair.
- Based on preliminary screening with eyach county, we expect two additional recovery vessels
would need to be purchased, and two wiDl require repair.
6. C®mputers-'This project falls under the Emergency Plannitg and Preparedness
category for l-IAZMAT equipment. Each county expressed a need for a laptop
- computer to enable them to view real time data, especially data like Tier II or Cameo
~ prediction data,
7. I--IAZM,~T Itesp®nSe `I`rai~i~g -This project falls under the Emergency Planning and
Preparedness category for l-3AZMAT equipment. ~e propose to provide supplemental
funds to 1~SEItC training funds such that each I-IAZMAT employee has an equal
opportunity at attending the required refresher or initial training class.
8. Camp Upgrade ~ Training -This project falls under the Emergency Planning and
Preparedness category for }IAZMa'~T equipment. dVe propose to purchase upgrades for
each county and provide the necessary training to essential personnel on use of the
progratn.
9. EPC18A Section 311 and 312 Trair~ang -This project falls under the Environmental
Compliance and Prornotion category. As a result of BEI's enforcement under this
progratn, we propose to hold a training seminar for local industry to inform the
regulated community on federal and state requirements under the EPCItA program.
The class would be held in'i-Iawaii, and BEI would provide the means for an expert in
this area to conduct the class.
Other Projects ender consideration include:
13A2CAT identification systems
Training other personnel on CAMEO and getting upgraded CAMEO data
Weather stationa
1~our gas Monitors
Digital camcorders to record event for training purposes or to uplink live data over Internet to experts
_
i
* ~~¢.D
:~o UNITED STATES ENVIR®NMENTAL RROTECTI®N AGENCY
g REGION IX
75 1°tawthorne Str¢et
San Francisco, CA 94105
CERTIFIED IIL NO. 7099 3220 000€l 2685 5864
ETUfZN RECEIPT ~EQZTEST'>ED
In Iteply Fte4'er to: Brewer Envir®n~ental Industries, LLC
Stephen Knox, President
Srewer Environments! industries, LLC
311 Pacific Street
Honolulu, Hawaii 96617
Re: Apparent Violations of the Emergency Planning and Community Right to Act (EPCRA)
and Section 103 of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), and Section 112(r) of the Clean Air Act (CAA)
®ear Mr. Knox:
On March 20 - 27, 2000, the U.S. Environmental Protection Agency (EPA) conducted an
EPCRA inspection at the facilities of Srewer Environmental Industries, (i3El) in Hawaii. Based
on information revealed during the inspection and during a wider investigation, the EPA is
preparing to bring a civil action against BEI to ensure compliance and assess penalt'ses,
pursuant to Section 325 of EPCRA, as amended, 42 U.S.C. § 1104;, Section 109 of CERCLA,
as amended, 42 U.S.C. § 9609, and Section 113 of the CAR, 42 U.S.C. § 7413. The
allegations being considered include violations of Sections 311 and 312 of EPCIZA, 42 U.S.C.
11.21, 11022, Section 1Q3 of CERCLA, as amended, 42 U.S.C. § 9603, Section 112(r) of
the C~lA, 42 U.S.C. § 7412(.), and the implemer~.ing regulations of each of these statutory
prOYlSIOnS.
specifically, the allegations under consideration include:
1. Failure to immediately notify the National Response Center of the release on
November 25, 1999, of sulfuric acid, from the BEI facility located at 91-291
fCaomi Loop, Campbell industrial Park, Kapolei, County of Oahu in violation of
Section 103 of CERCLA, as amended, 42 U.S.C. § 9603;
2. ~aiiure to timely file an adequate Risk Management Plan correctly identifying the
worst-case scenario for anhydrous ammonia for the AEI facility located a# Port
Allen Annex, Elee4e, County of Kauai (BEI Pt. Allen), in violation of Section 112(r)
of the CAA, as amended, 42 U.S.C. § 7412(r);
3. Failure to timely fsle an adequate Risk Management Plan correctly identifying the
worst-case scenario for chlorine for the BEI facility located at 60 Kuhio Road,
4~ilo, County of Hawaii (BEI Hllo), in violation of Section 112(r) of the CAA, as
amended, 42 U.S.C. § 7412(r);
Page 2
4. Failure to timely provide either a Material Safety Data Sheet (MSDS) or a list of
hazardous chemicals to the state emergency response commission (BERG), the
appropriate local emergency planning committee (LEPC), or the appropriate fire
department for all hazardous chemicals at SEI Hilo, in violation of Sectior€ 311 of
EPCI~,, 42 U.S.C. § 11021;
5. Failure to provide a complete Tier II, or the state equivalent inventory reporting
document, for SEI Milo for reporting years 1997, 1998, and 1999 to the SERC
and LEPC by the March 1 deadlines following each reporting year, in violation of
Section 312 of EPCRA, 42 U.S.C. § 11022;
6. I~ailure to timely provide either a h1SDS or a list of hazardous chemicals to 4he
SERC, the appropriate LEPC, or the appropriate fire department for all
hazardous chemicals at the SEI facility located at 3-1480 Kaumualii haghway,
Linhue, County of Kauai (13E1 Puhil, in violation of Section 311 of EPCRA, 42
U.S.C. § 11021;
7. f=ailure to provide a complete Tier II, or the state equivalent inventory reporting
document, for f3El Puhi for reporting years 1997, 1998, and 1999 to the SRC
and LEPC by the March 1 deadlines following each reporting year, in violation of
Section 312 of EPCRA, 42 U.S.C. § 11022;
8. Failure to timely provide either a MSDS or a list of hazardous chemicals to the
SERC, the appropriate LEPC, or the appropriate fire department for all
' -hazardous chemicals at the SEI facility located at 275 .East Waku Read, Wailuku,
County of Maui (13E1 Wailuku), in violation of Section 311 of EPCRA, 42 U.S.C.
§ 11021;
9. Failure to provide a complete Tier II, or the state equivalent inventory reporting
document, for 13E1 Wailuku for reporting years 1997, 1998, and 1999 to the
SERC and LEPC by the March 1 deadlines following each reporting year, in
violation of Section 312 of 1ar~CR.A, 42 U.S.C. § 11022.
Before fling a Determination of Violation, Compliance Order and Notice of Right to
Request a Hearing (hereinafter "Complaint") against 13E1, EPA is extending to you the
opportunity to advise EI'A of any other information that we should consider before Ming a
Complaint for these violations. Relevant information may include any evidence of your reliance
on compliance assistance, additional compliance tasks performed subsequent to the inspection,
or financial factors bearing on your ability to pay a civil penalty.
Your response to this letter must be made by a letter, signed by a person or persons
duly authorized to represent 13E1. Please send your response by certified mail, return receipt
requested, addressed to:
Mary Welling (SFD-1s3)
U.S. Environmental I~rotection Agency, Region 9
75 Hawthorne Street
San 1=rancisco, CA 9410:
Page 3
EPA anticipates filing a Complaint against SEI on or about April 20, 2001, unless you
first advise us of substantial reasons not to proceed as planned. Any penalty proposed- for
violations of EPCRA and CERCLA and the'sr implementing regulations will be calculated
pursuant to EPA's "Enforcement Response Policy for Sections 302, 311 and 312 of the
Emergency Planning and Community Right-to-Know Act and Section 103 of the Comprehensive
Environmental response Compensation and Liability Act ("ERP"). A copy of the Ef~P is
enclosed. Also enclosed is a copy of EI~A's'°Supplemental Environmental Projects policy"
(~'SEP Policy"). EPA's SEP Policy describes the terms under which a commitment to perform
an environmental project may mitigate, in part, an EPA civil penalty. Even if you are unaware of
any mitigating or exculpatory factors, we are extending to you the opportunity to commence
settlement discussions concerning the above described violations.
Thank you for your prompt attention to this matter. If you have any questions, please
feel free to contact Mary Westing of my staff at (415) 744-1636, or Joshua Wirtschafter in the
~3ffice of Regional Counsel at (415) 744-1360.
Sincerely,
15~ichael Feeley
deputy ®irector
Superfund ®ivision
Enclosures - -
cc: M. Westing, US EPA Legion IX
J. Wirtschafter, US EPA Region IX
G. Gill, l~l U®!-t
C. Martin, Flt D®H
D. Shimamoto, hll ®OFi
S. Ekimoto, HI ®®i°l
L. Idakai, Flonolulu County LEPC
J. Sowen, tiawai'i County t.EPC
J. 131ackburn, Maui LEPC
C. Ikeda, Kaua's LEPC