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Home My WebLink AboutCOM 0743.002 2010-2012Page 1 of 1 Yoshimoto, J From: Gill, Gary L. [Gary.Gill @doh.hawaii.gov] Sent: Friday, June 29, 2012 6:47 PM To: jyoshimoto @co.hawaii.hi.us Subject: Geothermal Questions and Answers Attachments: EHA PGV 7 -2 -12 Mtg.doc J, Please find the attached letter that responds to your questions relating to permitting and monitoring geothermal projects. I'm sorry I will not be able to join you at your meeting on Monday. Unfortunately my time is booked up with other meetings. If I can be of further help to you or your committee, please do not hesitate to contact me. Aloha, Gary Gill Gary Gill Deputy Director, Environmental Health Administration Hawaii State Department of Health (808) 586 -4424 N.) 00 N Comm, No. 79'3.2. Ref. To: Prrented ,A W6 s C. Ref. Dote, JUL 2"" 7/2/2012 NEIL ABERCROMBIE GOVERNOR OF HAWAII Mr. J Yoshimoto, Chair Agriculture, Water and Energy Sustainability Committee Hawai'i County Council County of Hawai'i 25 Aupuni Street, Suite 1402 Hilo, Hawaii 96720 Dear Mr. Yoshimoto: STATE OF HAWAII DEPARTMENT OF HEALTH P. O. BOX 3378 HONOLULU, HI 96801 -3378 June 29, 2012 LORETTA J. FUDDY, A.C.S.W., M.P.H. DIRECTOR OF HEALTH In reply, please refer to: File: EPO -0689 PGV 7 -2 -12 Mtg I am sorry I will be unable to attend the Agriculture, Water and Energy Sustainability Committee meeting on July 2, 2012. On June 26, you emailed a list of questions that may be asked during the meeting. Below are my responses: 1. What permits is PGV required to have in order to operate its facility, for exploratory drilling, production or for re- injection? The PGV Project Environmental Impact Statement completed in November 1987 provides extensive information on this project. The EIS can be viewed on the OEQC website by going to: http: / /oegc.doh_hawaii.gov /Shared %20Documents /EA and EIS Online Library/I lawaii/ I 980s/ 1987 -11 -23 -EIS- Puna - Geothermal - Venture -Proj ect.pdf Table 13 -1 in the EIS details the applicable permits, legislation, and regulations. Department of Health related permits and regulation includes the following: a. Clean Air Permit — The authority to construct or modify a facility and the permit to operate is based on Clean Air Amendments of 1977, Title I Section 165, 40 CFR 52.21 PSD regulations, HRS Chapter 342, and Administrative Rules of the DOH, Title 11, Chapters 59 and 60. PGV must comply with Non - covered Source Permit (NSP) No. 0008 -02 -N which regulates the air emissions from the 41 Megawatt (nominal) geothermal power plant, well - field, and geothermal exploratory /developmental wells. The permit incorporates operational limitations and monitoring, recordkeeping, reporting and testing Mr. J. Yoshimoto June 29, 2012 Page 2 requirements including a requirement that PGV maintain three ambient air quality monitoring stations. b. Underground Injection Control (UIC) Permit — Approval to construct and approval to operate is based on 40 CFR 122 and 146, Regulations and Technical Criteria Standards; State Underground Injection Control Programs, HRS Chapter 340E, and Administrative Rules of the DOH, Title 11, Chapter 23. The construction, operation, and abandonment of PGV's injection wells are covered under the UIC permit and its permitting process. Exploratory drilling and production well drilling are regulated by the Department of Land and Natural Resources. c. Noise Permit: At this time no noise permits are required for drilling, production or re- injection. Because the facility is located on land zoned as a Class C zoning district that includes agriculture, country and industrial lands, all of the activities have been within the maximum permissible sound levels as set forth in Hawaii Administrative Rules (HAR), "Community Noise Control ", Section 11 -46 -4. Class C zoning districts allow 70 dBA at any time of the day or night as measured at the property line. 2. What standards must PGV comply with in its drilling activities, for production wells, and for injection wells? Clean Air: In addition to the requirements of the Non - covered Source Permit, PGV must comply with Hawaii Administrative Rules (HAR) Chapter 11 -59, Ambient Air Quality Standards and Chapter 11 -60.1, Air Pollution Control. Hazardous Waste: PGV is a generator of hazardous waste from the maintenance and activities of the plant. Waste drilling mud may require testing and may be regulated by the Solid and Hazardous Waste Branch of DOH. Noise: All activities must comply with the maximum permissible sound levels as set forth in HAR 11 -46 -4. If activities are expected to exceed the allowable levels, then a noise permit must be procured pursuant to HAR 11 -46 -7. Class C zoning districts allow 70 dBA as measured at the property line. 3. What air quality standards must PGV comply with? What are these standards based on? Is there a relationship between these standards and public health? The Hawaii State air standard for hydrogen sulfide is 25 parts per billion on an hourly averaging basis. The standard has been set to protect public health and is also designed to minimize nuisance odors, although many people can smell hydrogen sulfide at lower levels. There is no EPA standard for hydrogen sulfide. Mr. J. Yoshimoto June 29, 2012 Page 3 4. What water quality standards must PGV comply with? What are these standards based on? PGV has no permit with the Clean Water Branch as there is no discharge to surface waters. Any project that disturbs an acre or more of land will first require a construction storm water permit from the Clean Water Branch of DOH. 5. What noise standards must PGV comply with? What are these standards based on? PGV activities must comply with all applicable parts of HAR, Chapter 11 -46. These standards were based substantially on the now repealed HAR 11 -43, "Community Noise Control for Oahu ". Another significant source of scientific information is the "Noise Effects Handbook" authored by the EPA. Class C zoning districts allow 70 dBA as measured at the property line. 6. What is the relationship between these standards and EPA standards? Air: There is no EPA standard for hydrogen sulfide. Noise: EPA currently has no regulations with regards to noise and enforcement was delegated down to the local level. 7. How would you describe PGV's compliance with the above standards and permit conditions? Air: PGV has generally been in compliance with the air permit conditions and standards. There have been six (6) formal Notices of Violation (NFVO) for H2S exceedances over the last 20 plus years with the last NFVO occurring in 2005. Two (2) informal notice of violations (NOV) were issued more recently for various reporting infractions. Hazardous Waste: PGV has been inspected annually and the Solid and Hazardous Waste Branch has sent warning letters. However, PGV has corrected its violations. Noise: Since implementation of the noise rules in 1996, PGV has never been found to be out of compliance. 8. When was the last determination made that PGV had exceeded permissible standards or was in violation of any permit condition? Air: The most recent CAB violation was an informal NOV issued on June 23, 2010 for failing to submit a test plan in the required time. Noise: None since implementation of the statewide noise rules in 1996. Mr. J. Yoshimoto June 29, 2012 Page 4 9. Has there been any need to issue any cease and desist orders based on the failure of PGV to operate in compliance with its permits which implicate health and safety standards? No. 10. Can members of the public access air or noise monitor and permit information? Air: The public can access the DOH Puna E air monitoring data at DOH's public website for current data: http: / /emdweb.doh.hawaii.gov /air- quality . Members of the public that do not have internet access can call the CAB Honolulu office at (808) 586 -4200. To request a hard copy of the data or the air permit, a request for information form will need to be submitted. Members of the public can access PGV's current air monitoring station data at PGV's website: http: / /www.punageothermalventure.com / . Those that do not have internet access can call the PGV Information Line at 934 -9072 for recorded general information. Calls may be made to the PGV Response Line at 965 -8843. A messenger service will forward the messages to PGV to respond. Noise: While there is no online access to noise monitoring data, members of the public can request information either verbally or in writing. 11. Who maintains and calibrates the monitors? Air: The DOH Puna E station monitor is calibrated and maintained by the State Laboratory Division/Air Surveillance and Analysis Section. The three PGV air monitoring stations are maintained by an independent third party contractor hired by PGV. Noise: Sound level measuring devices are calibrated by a third party on an annual basis. If you have further questions, please feel free to contact me at 808 -586 -4424. Thank you for this opportunity to allow the Department of Health to respond to these questions. Sincerely, GARY GILL DEPUTY DIRECTOR FOR ENVIRONMENTAL HEALTH