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HomeMy WebLinkAboutCOM 0825.024 2010-2012 Page 1 of 4 Murashige, Laura From: Suzanne Wakelin [malamatree @gmail.com] 7: !19 Sent: Monday, October 01, 2012 9:17 PM To: counciltestimony @co.hawaii.hi.us Subject: Testimony for Bill 292, 10/3/2012 Attachments: PGV GRP 2 2001.pdf; PGV DLNR Plan of Operation 1-13-06.pdf; PGV Noncovered Source Permit.pdf; Bil 292 Testimony.pdf Aloha Council Members, I live within one mile of PGV and have been extremely disturbed by the geothermal drilling that went on almost 24/7 from March to July 2012. The noise would keep me awake at night, disturbing the sleep of our household and raising our stress levels. The low frequency noise of drilling is particularly troublesome as it travels far with little attenuation and although it is at the low end of the audible spectrum (and therefore is has low weighting in the dBA measurement) it causes severe physical and psychological discomfort. I understand that any drilling operator should want to reduce their costs but they should not be allowed to do so by continual drilling at the detriment of the community. We know that PGV as well as other future geothermal developers will be drilling again. I very much appreciate your help to protect us from this problem. All of the rules by which the geothermal operators are supposed to be governed by indicate that the community well-being is important however it seems that Hawaii County Planning Commission,who issue the Geothermal Resource Permit (GRP) is not properly enforcing those protections and we need you to pass Bill 292 so that we get the protection that we are rightly due. Below are listed at least SEVEN reasons why we need Bill 292 to prevent night-time geothermal drilling close to where people live: 1. The noise of drilling is awful, cruel and unusual punishment. Nobody should be subjected to the sound of drilling in their home 24 hours a day for months at a time. 2. The conditions of the Geothermal Resource Permit (GRP-2) [1] issued by County of Hawaii Planning Commission to PGV on 2/6/2001 are not being met on multiple counts: a. Best Available Control Technology (BACT) must be employed for noise emissions to all aspects of the project to minimize noise [1],which means that noise reduction measures must be implemented unless the facility substantially complies with residential noise standards. Residential noise standards are defined as 55dBA daytime and 45dBA at night. Even with the additional average exceedances detailed in the permit, the night time violation of this condition for example for the month of April 2012 (during drilling) is 89% and for April 2011 is 27% calculated from PGV measurement data. b. The description provided by PGV to CoH Planning in 1989 [2] in application for amendment to the GRP addresses the requirement for description of impacts to public health and safety by saying that drilling noise levels at residential receptors are predicted to range between 45-51dBA from wellpads B, E & F and "All other well drilling noise levels were ex<pected to be less than 45 d13A at the nearest resident receptors."PGV measurement data shows that they have significantly underestimated these noise levels. _ L(. Comm. NA./ 2-C, 2n" 1 Ref. To: r/L(?Lt.Vtt Ref. Date OCT 0'3 2012 • Harry Kim ���;`v os u Mayor Ott •Hgil_. •County of Hawaii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-8742 CERTIFIED MAIL 7000 0600 0024 2904 6488 FEB 0 6 2001 Mr. Barry T. Mizuno Puna Geothermal Venture P.O.Box 30 Pahoa,HI 96778 Dear Mr.Mizuno: Geothermal Resource Permit(GRP 2) Applicant: Puna Geothermal Venture Request: Amendment to Permit Tax Map Key: 1-4-1:portion 2, 3,portion 19 and 58 The Planning Commission at its duly held public hearing on January 19, 2000, voted to approve the request for an amendment to Geothermal Resource Permit No. 2 (GRP 2)to allow an increase of generation of electrical power up to 60 MW of electrical capacity, and amendments to related conditions. The property is located on the eastern portion of the Kilauea East Rift Zone,Kapoho Section of the Geothermal Resource Subzone. The project site is located near the junction of the Pahoa-Kapoho and Pahoa-Pohoiki Roads, and adjacent to (north) Lanipuna Gardens Subdivision, Kapoho,Puna,Hawaii. Approval of this request is based on the following: Puna Geothermal Venture(PGV)is requesting the amendment to the permit to develop and operate a 60 MW geothermal power project consisting of multiple power generating units,up to 30 geothermal wells drilled within the subject property,brine and steam pipelines,pollution control equipment, steam separators,production and injection wells,related wellfield equipment, holding ponds, switch yards, office buildings, workshops, control buildings, access roads, and auxiliary facilities such as air compressors, and fire protection equipment, all in a manner consistent with applicable • Mr. Barry T. Mizuno Page 2 regulatory standards and permits utilizing new technology and equipment upgrades. PGV is also requesting the amendments to incorporate regulatory standards and permit requirements that have been promulgated and issued since the permit was originally approved. When GRP No. 2 was approved in 1989,the Island of Hawaii consumed a peak of 130 MW of electrical energy. Consumption since then has steadily increased to a peak of 170 MW in 1999. With the anticipated growth of the Island population, it is expected that the peak requirement will increase approximately 3-4 MW each year. On October 3, 1989,the Planning Commission approved GRP No. 2 (87-1) for the Puna Geothermal Venture Project, described as generating 25 MW of electrical energy from geothermal fluids produced from the Puna Geothermal field. The project consisted of the following: • ten(10) integrated back-pressure steam turbines and air-cooled binary cycle turbine power generating modules; • up to 30 geothermal wells drilled from six(6)wellpads; • brine and steam pipelines; • pollution control equipment; • a brine surge tank and holding pond; • a switchyard; • an office,warehouse,workshop, and control buildings • access roads; and • auxiliary facilities such as air compressors and fire protection equipment. The project was approved subject to 50 conditions (the permit indicates 51; however, due to a numbering error,there are actually 50 conditions). The applicant is requesting that 21 of the 50 conditions be amended. The primary reason for the amendments is to incorporate regulatory standards and permit requirements that have been promulgated and issued since the permit was originally approved in 1989. Of the 21 amendments requested,the majority(12) are necessary to incorporate current regulatory standards (Condition Nos. 6, 7, 10, 16-19, 21-24, and part of 39),three pertain to the Geothermal Asset Fund(Condition Nos. 29,40 and 51), one is proposed to be deleted because the condition is no longer relevant(Condition No. 13), and five relate to proposed uses (Condition Nos. 1, 4, 15, 17, 48 and 49). However,the Planning Commission recommends that Condition Nos. 29,portion of 39, 40 and 51 pertaining to the Mr. Barry T. Mizuno Page 3 Geothermal Asset Fund be retained as stated in the permit. The Planning Commission also recommends that Condition Nos. 48 and 49 pertaining to Final Plan Approval and commence construction be retained but clarified to reflect the requested amendment. In accordance with Section 205-5.1(e),Hawaii Revised Statutes, and Section 12-6 of the Planning Commission Rule 12,the approval of the amendments is based upon the following fmdings: The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding properties. PGV has been in operation since 1989, and occupies approximately 25 acres within a 500-acre project area located in the Kapoho Section of the Kilauea Lower East Rift Geothermal Resource Subzone. Each drill site is engineered to support the drilling equipment to keep drilling effluent contained on site, separate from any natural drainage. Each well pad has drilling mud pits,and sumps with sloped walls are used to temporarily store drilling wastes. The high porosity of the volcanic soils and rock in the site area results in rapid downward percolation of rainwater. Concrete pads and berms contain possible spills in areas where chemicals are handled. Catch basins,culverts, ditches, and berms are provided for drainage control. There are no surface streams or ponds in the vicinity of the drill sites, and groundwater is protected by cementing casing into the hole to depths below sea level. The project provides a dependable source of electricity and reduces Hawaii's dependency on imported fuel for greater energy self-sufficiency. PGV has been a reliable source of alternative energy since 1989, and also provides employment opportunities for residents,leading to positive personal income and public revenues. The applicant has taken measures to protect the environment, such as clearing vegetation to prevent fires, incorporating a landscaping program to minimize soil erosion around the perimeter of the property, cementing production and injection well casings into the ground to depths below sea level,well below the potable water table. In addition, the site is several miles from the ocean, therefore, there is no impact to marine life. PGV has developed strict operating, environmental, and safety procedures to ensure the facility is operating safely and in compliance with regulations. An Environmental/Safety Manager is on site to monitor the facility and to ensure that environmental compliance is maintained. The applicant has developed an Emergency Response Plan,which outlines procedures forr dealing with any potential emergencies. The applicant has established an internal Incident Command System, and four incident commanders have been trained to coordinate mitigation response as required in an emergency. PGV has also interfaced with the County Police,Fire, Hazardous Materials emergency responder to coordinate training and to familiarize these outside responders with the facility. Mr. Barry T. Mizuno Page 4 The development of the facility has resulted in a number of positive socio- economic impacts on the Island of Hawaii, including I)the elimination of rolling blackouts, 2)public awareness of the project through contributions and participation in community activities, 3)financial contributions to the Reading is Fundamental Program at Keonepoko School, and 4)payment of royalties to the State of Hawaii in excess of$3 million,which is distributed to the County of Hawaii and the Office of Hawaiian Affairs (OHA). This project supports the following goals and policies of the General Plan: Energy Element * Strive towards energy self-sufficiency for Hawaii County. * Establish the Big Island as a demonstration community for the development and use of natural energy resources. * The County shall encourage the development of alternate energy resources. * The County shall strive to assure a sufficient supply of energy to support present and future demands. * The County shall encourage the development of geothermal resources to meet the energy needs of the County of Hawaii. The economic benefits and security implications of reducing Hawaii's dependence on imported fuels for energy production have been recognized for a long period of time at all levels of government. This has resulted in a general policy of support for alternative energy research and development. Economic Element * Provide residents with opportunities to improve their quality of life. * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Mr. Barry T. Mizuno Page 5 * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social,cultural and physical environments of the County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed geothermal development activities would not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. The existing project and proposed amendments have a negligible impact on public infrastructure and services. There are approximately 30 employees on the site, and no additional County services will be required. The employees are mostly Big Island residents, and the increased production. capabilities will not require additional personnel,therefore adverse housing impacts are not anticipated. Traffic may increase slightly during construction phases,but the added vehicles do not significantly add to the existing high traffic levels at the intersection of Pahoa-Kapoho Road and Pahoa-Pohoiki Road. No additional infrastructure is necessary to accommodate the applicant's request, since the proposed use will be confined to the existing facility, and the applicant is requesting the amendments to incorporate regulatory standards and permit requirements that have been promulgated and issued since the permit was originally approved in 1989. There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above. Mitigation measures have been established to ensure the integrity of the geothermal wells. Hydrogen Sulfide (H2S) monitors are located in three locations at the project site. Emergency procedures have been established for dealing with any potential emergencies. Although the project is located more than 2,000 feet from Lanipuna Gardens and Pohoiki Bay Estates, and more than 3,400 feet from Leilani Estates,there are residences within a half-mile of the project site. Due to the relative proximity of the residences to the project area,the applicant has employed the most effective air and noise emission measures available, following strict standards of the Department of Health. The applicant has been and will continue to comply with all applicable regulations regarding environmental monitoring. • PGV currently utilizes three geothermal injection wells (KS-IA, KS-3 and KS-4) with a pending application for an additional well. All steam,brine and condensate generated from production wells are injected into these three injection wells at a depth of Mr. Barry T. Mizuno Page 6 between 3,900 and 7,300 feet. These three wells are authorized and permitted by the State Department of Health's Safe Drinking Branch. PGV also holds the State Underground Injection Permit(UH-1529) authorizing the operation of the injection wells. Air emissions are monitored by the use of H2S and particulate matter devices. In the event the H2S concentrations exceed the ambient air standard of 25 ppb on an hourly average basis(regulated by the State Department of Health Clean Air Branch), PGV has developed written safety procedures to mitigate any adverse health effects to the community. At the request of the State Department of Health, a monitoring station has been established at the western property boundary to monitor fugitive emissions to this area. The facility is currently permitted as a Noncovered Source Facility. The Geothermal Compliance Specialist from the State Department Health is on site daily to monitor compliance with emission standards. Noise emissions are controlled by the use of noise abatement materials and sound engineering controls. PGV is operating with a noise permit issued by the State Department of Health Noise and Radiation Branch. PGV is classified as a Class C facility,which allows the facility to operate at a maximum level of 70 dBA,measured 24 hours a day at the property boundary. Noise is monitored by use of noise microphone devices installed at the property boundaries at Monitoring Stations A and B. An alarm system is installed in the Control Room for early detection to allow prompt action if required. The noise alarm setpoint for early warning detection is set at 65 dBA. The measurements obtained at the monitoring stations have all been within the parameters of health,workplace and other standards relating to short or long term exposure to H2S or noise levels. Drilling muds and other wastes not reinjected are disposed of pursuant to the State Department of Solid Waste regulations. Sewage disposal is by cesspool, in accordance with the State Department of Health rules. In the original Geothermal Resource Permit,the permittee agreed"not exceed a general noise level of 55 dBA during the daytime [lam to 7pm] and 45 dBA at night [7pm to 7 am]measured at the nearest residence." This general noise level could be exceeded by up to 10 dBA,but not for more than 10%of the time within any 20 minute period. There was also an exception for periods of venting and drilling. These standards applied only until noise regulations were adopted by the State or County. Because the DOH adopted regulations in 1996, those now apply, and the permittee is allowed to emit up to 70dBA,24 hours per day. This is unreasonably loud and the Planning Commission believes that nearby residents are justified in seeking a stricter standard. It is also understandable that they did not expect that noise standards would be so drastically relaxed, after the permittee made representations that the noise levels would not exceed 55/45 dBA. The permittee's noise monitoring records show that it has generally run below 55dBA during the day,but because it is a baseload facility, and runs 24 hours per day, it is not much quieter at night. While the facility itself does not greatly vary from hour to Mr.Barry T. Mizuno Page 7 hour in the amount of noise it emits(except for unusual events, such as steam leaks), atmospheric and wind conditions significantly affect the noise levels in the community, and to some extent, also affect the readings at the monitors. The permittee has stated that it does not expect its increase in power generation to result in a significant increase in noise, but wants some regulatory leeway in the setting of standards. The permittee also believes that it should not be regulated more strictly than other facilities in the agricultural district. The residents have asked that the noise levels not increase, and want the permittee to seek ways to reduce the noise impact from the facility. For these reasons, the Commission recommends that the permittee hire a qualified engineering consultant to review the present operations, as well as to advise on engineering the Best Applicable Control Technology(BACT)into new equipment to be installed at the plant. The proposed noise levels have generally been achieved by the permittee during the January-June 2000 period. They are not meant to imply that these are levels which are"desireable"in an area like this. They have been set at a level which the facility should be able to meet, in recognition of the fact that it provides an important community benefit, and is legally operating under a much more lenient standard. At the same time, the BACT requirement means that feasible noise reduction measures must be implemented,unless the facility substantially complies with residential noise standards. The Department does not wish to mislead the community about the purposes and level of its enforcement of the noise condition. Its role is to ensure that the facility generally runs within the permitted levels. It may spot-check the data it receives from the permittee for reliability, and it may require actual measurements of noise levels at residences,but it does not have the capability to respond to individual complaints on a daily basis. ' With regards to liability, the Commission recommends that the permittee shall keep in force a general liability policy with limits of not less than$25 million per occurrence, and shall furnish the Planning Department with a certificate of insurance annually. The Planning Director has withdrawn the previous recommendation that the Geothermal Asset Fund be capped at$1,000,000. It became clear from the mediation that no one is happy with the present Geothermal Asset Fund. The surrounding community is frustrated that only$1,800 in claims have been paid from the fund. The permittee is unhappy that it contributes$50,000 annually to a fund that has not been put to any practical use. The Director notes that the present rules make the Planning Commission function like an insurance claims manager, a role completely unlike its other responsibilities. There is,however, nothing close to a consensus about what to do about Mr. Barry T. Mizuno Page 8 the Fund. The Fund is a major opportunity, and the Planning Department plans to hold further discussions with the affected community about its use. A change in the rules for the fund does not have to be tied to this permit. The rules can be changed at any time. At present, however,because there is no agreement, and because the annual contribution was a result of the prior mediation,the Department does not support any reduction in the amount contributed by the permittee. The Department is willing to consider the suggestion of some community members that the opportunity for owners to participate in a voluntary buy-out program be re-opened, and perhaps expanded to a wider geographical area, and perhaps include some who built after the original permit was granted,but this requires further study, and it does not have to be tied to this permit. The Planning Commission is comfortable with H2S levels presently set by the State Department of Health,but to ensure that these are kept, Condition No. 17 is amended so that the permittee will not ask to increase the levels. Based on the above,the request to amend Geothermal Resource Permit No. 2 (87-1) is consistent with the criteria contained in Section 12-6 of the Planning Commission Rule 12 and Chapter 205-5.1(e),Hawaii Revised Statutes, and the following conditions are hereby amended and renumbered accordingly(material to be deleted is bracketed,material to be added is underscored). 1. The Geothermal Resource Permit grants approval for those uses and improvements described in the "Geothermal Resource Permit Application Amendment for the Puna Geothermal Venture Project," dated March 1989, except as amended,modified,or conditioned by this Geothermal Resource Permit. Except as otherwise described in this permit,no other uses are authorized by this permit[,]_ The following uses are allowed under this Geothermal Resource Permit: turbines,generators, air coolers fans,air compressors, diesel driven pumps and motors,production wells,injection wells,steam separators and accumulators, electrical transformers., control valves, rock mufflers,112.S abatement equipment,welding machines,drilling rigs and auxiliary equipment,designed and operated for the generation of up to 60 MW of geothermal power and any proposed other uses of the geothermal resource or improvements to the land,whether to be conducted by the permittee or a third- party under contract to,or other agreement with,the permittee, shall be subject to prior review and approval,consistent with the applicable Rules of Practice and Procedure of the Hawaii County Planning Commission. The Planning Director may,upon written request of the permittee, approve deviations from the project layout and uses permitted under this Geothermal Resource Permit if such amendments are consistent with the uses permitted and conditions of this Geothermal Resource Permit. No action pursuant to any such request for deviation by the permittee shall be taken without the written approval of the Planning Director. Amendments to the Geothermal Resource Permit and its Mr. Barry T. Mizuno Page 9 conditions may be granted pursuant to Article 12-9 of the Rules of Practice and Procedure of the County of Hawaii Planning Commission. 2. The permittee, its successors, or assigns shall be responsible for complying with all of the stated conditions of approval of this Geothermal Resource Permit. Should the Planning Director determine that there is noncompliance with the Geothermal Resource Permit or its conditions,the permittee may be subject to enforcement of the Geothermal Resource Permit conditions and penalties pursuant to Sections 12-10 and 12-11 of Rule 12 of the Rules of Practice and Procedure of the County of Hawaii Planning Commission. 3. The permittee shall grant unrestricted access to the subject property(ies) to authorized governmental representatives or to consultants or contractors hired by governmental agencies for inspection, enforcement, or monitoring of activities subject to or authorized by this Geothermal Resource Permit. A designated employee shall be available at all times for purposes of supplying information and responses deemed necessary by the authorized governmental representative in connection with such work. 4. During the [period]periods of construction [of the project,] or during the drilling or testing of any well,the permittee shall submit a weekly written status report to the Planning Department which shall include: a. A brief description of the work undertaken during the previous week under the Geothermal Resource Permit; b. A description of the work being proposed during the next week under the Geothermal Resource Permit; and c. Any other information that the Planning Department may reasonably require which addresses the immediate environmental and regulatory concerns of the County of Hawaii or the requirements of the Geothermal Resource Permit. 5. The permittee shall submit a written semiannual status report to the Planning Department by February 15 (covering the preceding period of July 1 through December 31) and August 15 (covering the preceding period of January 1 through June 30)of each year. The status report shall include,but not be limited to: a. A brief summary of work undertaken during the current reporting period under the Geothermal Resource Permit; Mr. Barry T. Mizuno Page 10 b. A brief summary of work being proposed over the next reporting period under the Geothermal Resource Permit; c. The results and analysis of all environmental monitoring activities undertaken as required by this Geothermal Resource Permit; d. A log of any complaints received by the project and the responses thereto; and e. Any other information that the Planning Department may reasonably require which addresses the environmental and regulatory concerns of the County of Hawaii or the requirements of the Geothermal Resource Permit. 6. If any environmental monitoring data collected as required under this Geothermal Resource Permit indicates [that] the project operations are creating,or have the immediate potential of creating, excessive health or environmental effects not otherwise permitted by this Geothermal Resource Permit, the permittee shall [submit such data to the Planning Department within 48 hours of its identification.] comply with the State of Hawaii Clean Air Branch Noncovered Source Permit(NSP) reporting requirements, and provide immediate notice to the Department of Health,provide immediate notice to the Planning Director and provide a copy of any report(s)to the Planning Department simultaneously with the Department of Health. 7. The permittee shall comply with the Clean Air Branch,Safe Drinking Water Branch, and Department of Noise and Radiation Branch of the Department of Health's recordkeeping requirements. The permittee shall maintain [a record] records in a permanent form suitable for inspection,regarding noise, hydrogen sulfide emissions, equipment upsets, and any other sampling or analytical results,and shall make such record available on request to the Planning Director or his designee. [The record shall include: a. Occurrence and duration of any start-up, shut-down, and operation mode of each geothermal well and/or facility; b. Performance testing, evaluation, calibration checks, and adjustment and maintenance of the continuous monitor(s)that have been installed; and c. All measurements reported in units compatible with applicable standards/guidelines.] 8. Prior to the commencement of any grubbing or grading activity,the permittee shall: Mr. Barry T. Mizuno Page 11 a. Submit a metes and bounds description of all lands to be disturbed including but not limited to all roadways,well pads, steam gathering system corridors, injection system corridors,power plant site, and transmission line corridors to Planning Director; b. Mark the boundaries of these sites to be disturbed in the field; and c. Comply with all requirements of Chapter 10 Erosion and Sedimentation Control,Hawaii County Code(the County grading ordinance). 9. No construction or transportation equipment shall be permitted beyond the prescribed boundaries of the areas to be disturbed. 10. Prior to commencing any geothermal well drilling, testing,production, or injection activity approved under this Geothermal Resource Permit, the permittee shall submit [to, and secure the approval of,the Planning Director of] a hydrologic monitoring program to the State Safe Drinking Water Branch. Semi-annual testing shall_be performed in accordance with the Hydrological Monitoring Program (HMP) which is described in the Hawaii State Underground Injection Control(MC) permit. In addition thereto testing of the same wells shall be done within three(3) months after the permittee submits its Well Completion Report to the Department of Land and Natural Resources and after any event that may cause permittee's activities to contaminate the ground water. All data and reports submitted to the Safe Drinking Water Branch shall be submitted to the Planning Director. [The program shall, at a minimum,provide for the quarterly monitoring of water levels and appropriate chemical species from existing wells completed within the shallow aquifer in those areas downgradient of the project area,including the Green Lake water supply, as well as from a well located within the project boundary and completed within the shallow aquifer. The monitoring, sampling, and analysis protocols shall be clearly defined in the program submitted to and approved by the Planning Director. The monitoring and sampling shall be conducted by a qualified contractor, and the samples analyzed by a qualified laboratory, selected by the permittee but subject to the approval of the Planning Director. The selected contractor and laboratory shall operate under contract to, and shall be funded by the permittee. The program shall monitor the shallow groundwater immediately prior to, and during, all periods of well drilling, testing, production, and injection activity approved under this Geothermal Resource Permit. The data obtained shall be submitted to the Planning Director in accordance with the requirements contained in this Geothermal Resource Permit for submittal of all collected environmental monitoring data. The County shall make random checks of the ground water supply no less than every two months.] Mr. Barry T. Mizuno Page 12 11. If pollution of the shallow ground water is demonstrated to be occurring from the project construction, operation or maintenance activities as determined by the Planning Director in consultation with the Department of Water Supply and the Department of Land and Natural Resources,the permittee shall immediately take those measures necessary to eliminate the source of the pollution meeting with the approval of the affected agencies. If any geothermal production or injection well demonstrates that the integrity of the well casing is lost such that the shallow groundwaters are being, or may immediately be polluted by the production or injection activity of that well, the permittee shall, as quickly as practical consistent with safety and prudent operating practices, cease the production or injection activity for that well,and the activity not resume for that well until adequate casing integrity is restored to the satisfaction of the Department of Land and Natural Resources. [13. In the event the Department of Water Supply determines that the existing Green Lake county water source becomes contaminated by the permittee's geothermal wellfield system,the permittee shall immediately provide alternative(s)to the water supply, including the hauling of water if necessary as a temporary alternative, which meet the approval of the County's Department of Water Supply and the State Department of Health. 14.]12. Only nonhazardous drilling mud additives, as recognized on the"California Department of Health Services Drilling Mud Additives Use in Nonhazardous Drilling Muds and Fluids"list, shall be used during the drilling of the geothermal wells,and which list shall be on file with the County Planning Department. [15.]13. All drilling mud solids and drill cuttings shall be discharged to and contained within [the well pad sump] an impermeable containment area. A disposal site or sites approved by the State Department of Health,prior to any disposal activity covered by this permit, shall be provided for sump containment contents and other waste materials to be disposed of from the drilling activity. All sumps/ponds/containments shall [be purged in a manner meeting with] have the approval of the State Department of Health. In the event there are no DOH requirements,the applicant and the Planning Department shall request for guidelines from the DOH for the purging of sumps and ponds. Said guidelines shall be available to the community. [16.]A All geothermal brines, steam condensate, and noncondensible gases produced during [normal] project operations shall be [injected into the geothermal reservoir] disposed of in accordance with the State Department of Health and Federal Underground Injection Control permit requirements. Mr. Barry T. Mizuno Page 13 [17.]15, Prior to commencing any activity approved under this Geothermal Resource Permit on the project site, the permittee shall submit an air quality and meteorological monitoring program to, and secure the approval of, [the Planning Director of an air quality and meteorological monitoring program. The program shall include provisions for installation, calibration,maintenance and operation of recording instruments to measure air contaminant concentrations, the specific elements to monitored,the number of stations involved, and frequency of sampling and reporting. The Planning Director shall review and approve the submitted monitoring plan in consultation with and concurrence of the State Department of Health. The monitoring and sampling shall be conducted by a qualified contractor, and the samples analyzed by a qualified laboratory, selected by the permittee but subject to the approval of the Planning Director. The selected contractor and laboratory shall operate under contract to, and shall be funded by the permittee. The program shall monitor the air quality immediately prior to,and during, all periods of well drilling,testing,production, and injection activity approved under this Geothermal Resource Permit. The data obtained shall be submitted to the Planning Director in accordance with the requirements contained in this Geothermal Resource Permit for submittal of all collected environmental monitoring data.] the State Department of Health Clean Air Branch, and shall comply with all NSP requirements and standards. All data and reports provided to the Clean Air Branch pursuant to the NSP shall be made available to the Planning Director for inspection. [18.]16. The permittee shall apply`Best Available Control Technology"(BACT), as defined in Hawaii Administrative Rules 11-60.1-1 (as amended), and as applicable under Federal and State regulations and permits,for air emissions to all aspects of the project to minimize air quality impacts. BACT means the maximum degree of control for air quality concerns taking into account what is known to be practical and economically viable. BACT for each aspect of the project shall be [determined by the Planning Director in consultation with other appropriate governmental agencies involved in the control or regulation of air quality from geothermal development projects. Such determination shall be made prior to issuance of any construction permit for that aspect of the project. BACT shall be subject to review by the Planning Director every five years, commencing with the date of approval of the Geothermal Resource Permit for the wellfield operations, and with the date of full power plant operation for the power plant.] in accordance with applicable Federal and State regulations. [19.]17. The permittee shall control all project emissions of hydrogen sulfide during [normal]power plant operation [so that the increase in the ambient hydrogen sulfide concentration due to these project emissions shall not exceed 5 ppb at or beyond the project boundary] in accordance with the State Department of Health Clean Air Branch regulations and NSP requirements. The permittee Mr. Barry T. Mizuno Page 14 shall comply with all provisions of the applicable NSP, and shall not request any increase in the levels of hydrogen sulfide allowed under the existing NSP. If the allowed levels of hydrogen sulfide are increased from those allowed under the present NSF.the permittee shall continue to meet the standards in the present NSP. [20118. With regard to air emissions, the permittee shall submit to the County Civil Defense and the Planning Department a map and accompanying text that describes predetermined"worst case"impacted areas. [21.]18. [Prior to commencing any activity approved under this Geothermal Resource Permit on the project site, the permittee shall submit to, and secure the approval of,the Planning Director of a noise monitoring program designed to adequately ensure project compliance with the noise impact limitations contained in this Geothermal Resource Permit. The program shall include the monitoring of noise immediately prior to and during all periods of activity approved under this Geothermal Resource Permit. The monitoring and sampling shall be conducted by a qualified contractor, and the samples analyzed by a qualified laboratory, selected by the permittee but subject to the approval of the Planning Director. The selected contractor and laboratory shall operate under contract to, and shall be funded by the permittee. This program should also allow the correlation of any complaints of noise from the public with the level of measured noise,the meteorological conditions, and the type of operations which occurred at the site. The data obtained shall be submitted to the Planning Director in accordance with the requirements contained in this Geothermal Resource Permit for submittal of all collected environmental monitoring data.] The permittee shall hire a qualified engineering consultant to study noise from its existing and proposed operations. The scope of work shall include: a. Determination of sound levels in the surrounding community due to the permittee's operations, and correlation of those sound levels to levels recorded at the monitoring sites on permittee's property. b. Identification of specific sources of noise from the plant site. c. Recommendation and evaluation of noise abatement methods, including possible tree planting and/or berm construction, engineering design sketches and specifications and/or catalog cut sheets, and cost estimates for the determination of feasibility and best available control technology. Mr. Barry T. Mizuno Page 15 d. Study of other ambient noise in the community and at the permittee's monitoring stations to determine the effect of ambient noise on the monitoring system. e. Preparation of a final report and recommended noise abatement procedures. f. The consultant shall meet at least twice with nearby residents, and with the Planning Director as required. The consultant's final report and recommendations shall be a public document available to the Planning Director and the general public. [22.]2M The permittee shall apply"Best Available Control Technology" (BACT) for noise emissions to all aspects of the project to minimize project noise. BACT means the maximum degree of poise control [for noise concerns] taking into account what is [known to be] practical and economically [viable] reasonable. BACT [for each aspect of the project] shall be determined by the Planning Director [in consultation with other appropriate governmental agencies involved in the control or regulation of noise from geothermal development projects. Such determination shall be made prior to issuance of any construction permit for that aspect of the project. BACT shall be subject to review by the Planning Director every five years, commencing with the date of approval of the Geothermal Resource Permit for the wellfield operations, and with the date of full power plant operation for the power plant.]upon the recommendations of the noise consultant. [23.]21. The permittee shall [notify the Planning Department and] comply with the State Department of Health Clean Air Branch (N P)permit notice requirements prior to any geothermal well and pipeline cleanout utilizing geothermal steam. Permittee shall also mail notice seventy-two(72)hours prior to activities to the Planning Director and to any resident of the District of Puna who submits their name and address to the permittee requesting such notification. In ad.ition thereto any resident within 3500 feet of the permittee's project boundary who has previously requested such notice,shall be notified at least [twenty-four(24)hours in advance of the open venting of each geothermal well and pipeline cleanout and] 14 days before commencement of drilling. [Initial notification to residents shall be made in writing, offering the opportunity to be placed on the notification list. Any other person may request to be on the list. The permittee shall notify the Planning Department immediately prior to the open venting of any geothermal well and pipeline cleanout. The permittee shall notify the Planning Department following completion of each geothermal well, prior to the demobilization of the drilling rig.] Mr. Barry T. Mizuno Page 16 [24.]22. [Until such time as noise regulations are adopted by the State or County,the permittee shall comply with the following guidelines which shall be enforced by the Planning Department: a. During power plant and welifield operations, the permittee shall not exceed a general noise level of 55 dBA during daytime and 45 dBA at night at the current nearest residence. For the purposes of these guidelines, "night"is defined as the hours between 7:00 p.m. and 7:00 a.m.; b. The allowable noise levels may be exceeded by a maximum of 10 dBA; however, in any event,the generally allowed noise level should not be exceeded more than 10 percent of the time within any 20-minute period, and the permittee shall conduct all operations so as to minimize the occurrence, frequency, and duration of this impact noise; c. The noise level guidelines specified above shall be waived only for the specified duration of authorized open geothermal well venting from all wells, steam pipeline cleanout periods, and the drilling and testing of wells from well pads E and F. During these authorized periods,BACT shall be applied. In addition, during the drilling and testing of wells from well pads E and F,the permittee shall meet a general noise level of 55 dBA during the day and 50 dBA during the night at the current nearest residence; and d. For the purposes of these noise conditions, the"nearest residence"is hereby defined as: For three years following the date of granting of the Geothermal Resource Permit,that permanently occupied dwelling nearest the applicable noise emission point as of the date of the granting of this permit; for all following years,that permanently occupied dwelling nearest the applicable noise emission point. e. Sound level measurements shall be conducted using standard procedures with sound level meters using the"A"weighting and"slow"meter response unless otherwise stated.] The permittee shall report average noise levels for each hour, and shall report a daily average and a monthly average. Except as allowed below: a. The average for any month shall not exceed 54 dBA; b. The average for any day shall not exceed 57 dBA; Mr. Barry T. Mizuno Page 17 c. The average for any hour shall not exceed 62 dBA; d. The average for any five-minute period shall not exceed 68 dBA. The allowable noise levels may be exceeded, at each monitoring station, by no more than 3 dBA,for the following periods: five months per year for the monthly average; five days per month for the daily average; and five hours per month for the hourly average. During specified steam pipeline cleanout periods,construction, and testing of wells,BACT shall be applied and the allowed noise levels may be exceeded by not more than 5 dBA. During specified periods of drilling, the permittee shall comply with Department of Health's noise rules and permit requirements. Averaging shall be done in a manner consistent with the reporting of noise data by the permittee in.the January-June 2000 period. The monthly average shall be the arithmetic mean of the daily averages. The daily average shall be the arithmetic mean of the hourly averages. The new allowable noise levels shall take effect six months after the installation of any additional generating equipment. Noise levels shall be measured at the present monitoring stations A and B, which shall be averaged separately, and not combined. The location of the monitoring stations may be changed with the approval of the Planning Director,if recommended by the noise consultant,to make the noise level at the monitoring stations more reliably correlate with the noise levels at the nearby residences. If the location is changed,the allowed levels may be adjusted accordingly. Data from periods in which the noise monitoring includes significant amounts of noise from sources other than the permittee's operations, such as agricultural operations,rain, wind, and traffic,shall be excluded. The Director,using the recommendations of the consultant, shall establish standard adjustments for the effects of ambient noise on the data reported from the monitoring stations. For example,if the consultant determines that a typical daily average of 51 dBA would be 49 dBA eliminating the effect of ambient noise,the lower figure shall be considered the actual noise level. The Director,using the recommendation of the consultant,shall establish. Mr. Barry T. Mizuno Page 18 standard adjustments for the difference between the data reported from the monitoring stations and the noise levels due to the permittee's geothermal operations at the most affected residences,so that the allowed noise levels are not exceeded at the residences which are, on the average,the most affected by noise. The purpose of the standard adjustments is to ensure that the allowed noise levels experienced at residences due to the permittee's geothermal operations are not exceeded. Sound level measurements shall be conducted using standard procedures with sound level meters using the "A" weighting and "slow" meter response unless otherwise stated. The method of measurement shall follow H.A.R. §11-46-9. The permittee shall have an alarm system which alerts staff if the noise level exceeds 68 dBA for more than 5 minute average. The permittee shall record and respond to all complaints of excessive noise and forward a record of such complaints to the Planning Director monthly, along with monitoring records showing the noise levels recorded at the time of the complaint. All noise monitoring records shall be furnished monthly to the Planning Director. The permittee shall explain any exceedances of the authorized noise levels. Before any enforcement action is taken on violations the permittee shall be given a reasonable opportunity to cure any violations. An exceedance shall not be considered a violation unless the measured noise level is more than 3 dBA above the ambient or background noise level,per H.A.R. §11-46(9) (g) and(h). The permittee shall be conclusively deemed to be using BACT, and be in compliance with all noise standards,if the noise level solely due to its geothermal operations, at the most affected residences,substantially complies with the current State Department of Health standards for"Class A" (residential) districts. For the purposes of this paragraph,the permittee substantially complies with the standards if: a. The average hourly noise levels do not exceed 55 dBA during the day(7:00 a.m.to 10:00 p.m.) and 45 dBA at night(10:00 p.m.to 7:00 a.m.)more than 10% of the time with the day and night hours separately considered, and b. During those hours when the noise levels are exceeded,the average exceedance is not more than 5 dBA, and the average Mr. Barry T. Mizuno Page 19 hourly noise level never exceeds 60 dBA days and 55 dBA nights. Periods of steam pipeline cleanout,construction,well drilling, and highly unusual events shall be excluded and the standard adjustments referred to above shall apply. If the consultant determines that a significant reduction in noise levels can be achieved,at a reasonable cost, by a vegetative screen-and/or earthen berm, the permittee shall set aside an area or areas for such a screen and/or berm. The location of the vegetative screen and/or earthen berm,if recommended, shall be agreed upon between the Planning Director and the permittee, and shall not unduly interfere with the permittee's power transmission easements, access,and other aspects of the permittee's operations, and may be relocated for operational reasons to an equivalent location. The Geothermal.Asset Fund maybe used for the cost of planting and maintaining the vegetative screen and/or constructing the earthen berm. For the purposes of this paragraph, a "significant reduction"means one of 3 dBA or more. [25.]23. Pursuant to Article 12-8 of the Rules of Practice and Procedure of the County of Hawaii Planning Commission,prior to initiating construction of the project, the permittee shall submit the following to the Planning Director: a. Copies of approved permits and other applicable approvals for the project from other county, state, or federal agencies as applicable; b. Final plans or provisions for monitoring environmental effects of the project as required by this Geothermal Resource Permit or otherwise required to ensure compliance with County rules and the rules of the State Department of Health and Board of Land and Natural Resources and other permit-issuing agencies; c. A final plan of action to deal with emergency situations which may threaten the health, safety,and welfare of the employees and other persons in the vicinity of the proposed project site; and d. A final site plan and elevations of proposed temporary and/or permanent structures for the project. [26.]24. Prior to commencing any activity approved under this Geothermal Resource Permit on the project site,the permittee shall submit to, and secure the approval of,the Hawaii County Civil Defense Director a final plan of action to deal with emergency situations which may threaten the health,safety, and welfare of the Mr. Barry T. Mizuno Page 20 employees and other persons in the vicinity of the proposed.project site. The plan shall include but not be limited to, the following elements: a. A description of the project facilities and operations,with site plans identifying areas of potential hazards,such as high pressure piping and the presence, storage and transportation of flammable or hazardous materials, such as lubrication or fuel oil, isopentane,hydrogen sulfide, and sodium hydroxide; b. A description of emergency services available off-site to respond to any emergency; c. A description of the current onsite chain of command and responsibilities of project personnel in the event of an emergency; and d. A description of potential project emergency situations, such as loss of well control, chemical spills,hydrogen sulfide exposure,pipeline rupture, fires, contaminated solids, etc. identifying: (i) technical data on the nature of the hazard(for example,the concentrations of hydrogen sulfide in the various areas and the hazard associated with these concentrations,the corrosive characteristics of the abatement chemicals),or any data regarding the possible aerial extent of each potential emergency situation; (ii) the warning systems (such as hydrogen sulfide detectors)used to alert personnel of the hazard; (iii) the location and use of equipment used to control the hazard(such as fire protection equipment or isolation valves)or repair hazardous equipment(such as welding equipment or casing sleeves), and safety equipment for personnel(such as respiratory packs),including identification of the personnel trained in the use of that equipment; and • (iv) provisions for the monitoring, detection, and inspection of wells and plant facilities for the prevention of emergency situations. e. Provisions to address natural hazards(such as lava flows, earthquakes, and storms)that identify warning systems,control options, steps for securing and shutting down the facility,personnel evacuation, and notification to appropriate agencies; Mr. Barry T. Mizuno Page 21 f. The location and capabilities of available medical services and facilities and plans for treating and transporting injured persons; g. Evacuation plans, including meeting points,personnel rosters, and escape routes; h. Training requirements for personnel, including procedures for emergency shutdown,handling of emergency equipment, spill prevention, first aid and rescue, fire fighting procedures, and evacuation training; i. Provisions for periodic emergency preparedness drills for personnel; j. Detailed procedures to be used to facilitate coordination with appropriate federal, state, and county officials during and after any emergency situation; and k. Procedures to be used to identify and inform all residents within applicable distances of the project of the possible emergency situations, warnings, and responses in advance of commencement of project operations and the methods by which all individuals affected by a given emergency will be notified and evacuated, as necessary. Copies of the emergency plan shall be made available to the public by the applicant. [27.]25. Reports and records of emergency situations shall be submitted to the Planning Department upon occurrence of such emergencies. [28.]26. Within 48 hours after an earthquake registering 6 or above on the Richter Scale and/or within 48 hours after an eruption has occurred, all wells within 10 kilometers of the epicenter or eruptive center, shall be examined for any physical changes which would alter its downhole integrity. A report of this examination shall be filed with the Planning Department within 48 hours of the examination. [29.]27. In the event the Hawaii County Civil Defense Agency determines that an emergency situation resulted from the permitted geothermal activity, the permittee shall bear all costs of evacuation. The Hawaii County Civil Defense Agency shall be responsible for public and media notification and evacuation of members of the public in the event the Agency deems such action necessary as a result of an emergency situation. [30.]28. Prior to the commencement of any surface disturbing activity,the permittee shall conduct an archaeological survey of those areas planned for surface disturbance Mr. Barry T. Mizuno Page 22 not previously surveyed and submit the results of this survey to the Planning Department for review and approval. [31.]29. If construction activities expose any cultural remains, the permittee shall immediately cease work in the area of the cultural remains and contact the Planning Department and the State Historic Preservation Office. As appropriate, a qualified archaeologist shall be retained by the permittee to implement any necessary mitigation measures and monitor further work. Work in the affected area shall not resume until such time that clearance is obtained from the Planning Department. [32.]30. The lighting used shall not interfere with the operations at the observatories located on Mauna Kea. To meet this requirement,the permittee shall comply with the requirements of Chapter 14,Article 9 of the Hawaii County Code, relating to outdoor lighting. [33.]31.. All lights shall be at a minimum level consistent with the safety of operations and shall be shielded or directed away from surrounding residential or populated areas and not interfere with important biological resources in the area. [34.]32. The permittee shall submit to, and secure the approval of the Planning Director of a detailed landscaping and siting plan. The siting plan shall show plan and elevational views of all proposed temporary and/or permanent structures for the project. The plan shall also show the site topography,natural features and proposed berms,planting schedules, tree sizes,heights (actual size of trees to be planted),type of irrigation system, etc. Installation of approved landscaping improvements shall be commenced within three weeks from the completion of construction of each well pad, access road, or other facility. The plan shall also include: a. A landscaping maintenance program; b. A line-of-sight analysis,being especially sensitive to views from surrounding residences, of the view planes from the site property lines, from the intersection of Leilani Avenue and the Pahoa-Pohoiki Road, for the intersection of the proposed access road and the Pahoa-Kapoho Road, from the intersection of Lauone Street and Hinalo Street in Lanipuna Gardens, and the intersection of the Kapoho-Kalapana Road and the access road to Vacationland; and c. To the extent possible, the well sites and power plant shall be landscaped and sited to reflect the existing agricultural character of the area, and utilize native plantings. Mr. Barry T. Mizuno Page 23 [35.]31 To the extent compatible with engineering and aesthetic considerations, all exterior surfaces shall be rough texture,with no reflective metal, and no reflective glass surfaces oriented toward surrounding residential or populated areas within line of sight. The exterior of all project structures, including fluid conveyance pipelines, shall be painted in colors so as to blend in with the surrounding environment. [36.]4 The permittee shall submit and secure approval of a revegetation/site reclamation plan meeting with the approval of the Planning Director in consultation with the Forestry Division of the Department of Land and Natural Resources. When construction is completed on any individual project site, or if the project area is abandoned, all denuded areas on and around the project site shall be revegetated in accordance with this plan. Said plan shall include appropriate security to assure its implementation in a timely manner. [37.]35. The permittee shall obtain and maintain those bonds required for project operations by the rules and regulations of the Board of Land and Natural Resources and the Department of Health. [38.]36. The permittee shall obtain and maintain builder's risk and comprehensive liability insurance for project construction and operation activities,with a limit of not less than $25 million per occurrence. [39.]37. In accordance with community notification requirements of the State Department of Health Noncovered Source Permit(NSP),the [The] permittee shall notify each resident household within a radius of 3500 feet from any geothermal well at least twenty four(24)hours prior to[, and again the morning of,] any planned venting of[that well] a geothermal well. Each resident within this radius of 3500 feet shall be offered the opportunity to voluntarily leave the area during the well venting. The cost of such voluntary leaving,up to a maximum of$100.00 per resident or$200.00 per household,whichever is lesser, shall be borne by the permittee. Upon adequate demonstration [to the permittee] that any such resident is unable to pursue his normal,legitimate employment or business activity as a result of such voluntary leaving,the permittee shall reimburse that resident for that one day's lost income, in an amount not greater than$150.00. [40.]38. Upon adequate demonstration to the permittee that any adverse alteration of the quality of the water has occurred as a result of venting to the atmosphere,the permittee shall immediately rinse the water catchment system and replace the stored water of any water catchment system within a radius of 3500 feet of any well. Upon adequate demonstration to the permittee that any agricultural crop Mr. Barry T. Mizuino Page 24 damage resulted directly from any of the permittee's well venting operations, the permittee shall also provide compensation to the owner of agricultural operations located within a radius of 3500 feet of that well. In either situation, compensation will only be considered if the agricultural crops and water catchment system are inventoried and registered with the permittee prior to the venting. Other requests shall be considered by permittee on a case-by-case basis. [41.]39. The permittee shall establish and publish a telephone number for use by local individuals for the lodging of complaints or inquiries regarding status of operations. A designated representative of the permittee shall be available,24 hours a day,to respond to any local complaints or inquiries. [42.]40., Large vehicle deliveries to the project site shall be limited to daylight hours. For the purposes of this condition, daylight hours is defined as the hours between 7:00 a.m. and 7:00 p.m. This condition shall not apply for vehicles responding to emergencies. [43.]49. An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: 1) the non- performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors,or assigns and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the Geothermal Resource Permit; and 4) the time extension granted shall be for a period not to exceed one(1)year and 5) if the applicant should require an additional extension of time,the Planning Director shall submit the applicant's request to the Planning Commission for appropriate action. [44.]42. All other applicable rules, regulations, and requirements, including those of the State Department of Health and the State Department of Land and Natural Resources shall be complied with. [45.]43. The permittee shall obtain,and comply with the provisions of,permits to drill, modify use or abandon, as appropriate, from the State Board of Land and Natural Resources for each geothermal well approved under this Geothermal Resource Permit. [46.]44 The permittee shall obtain and comply with the provisions of,Underground Injection Control Permits, as appropriate, from the State Department of Health for all geothermal injection wells approved under this Geothermal Resource Permit. A copy of the UIC Permit and any conditions shall be available in the County Planning Department. Mr. Barry T. Mizuno Page 25 [47.]45. The permittee shall obtain, and comply with the provisions of; Authorities to Construct and Permits to Operate from the State Department of Health for all applicable project operations approved under this Geothermal Resource Permit. [48.]46. The permittee shall secure fall necessary approvals and clearances including] Final Plan Approval pursuant to Chapter 25 of the Hawaii County Code, [within one(1)year from the effective date of the Geothermal Resource Permit] prior to each incremental increase in power production. [49.]47. Construction shall commence within [one(1)year] two(2)years from the date of receipt of Final Plan Approval for each incremental increase in power production. [50.]48. The permittee shall submit a written semiannual status report to the Planning Commission on the permittee's best efforts to address/comply with the"Other Agreements and Recommendations" as contained in Section 5 of the fmal report on"Mediation of Geothermal Resource Permit Application 87-1"dated August 21, 1989, and in Section 5 "Final Report"dated December 30,2000, on the mediation of the proposed amendments to conditions contained in the "Application For Amendment to Geothermal Resource Permit(87-1)," regarding but not limited to the collateral agreements and commitments the permittee made during the mediation process,and which the permittee considers to be contractual obligations subject to the issuance of a satisfactory Geothermal Resource Permit. This status report shall be submitted by February 15 (covering the preceding period of July 1 through December 31) and August 15 (covering the preceding period of January 1 through June 30)of each year. [51.]49. Prior to the issuance of the first building/construction permit under this Geothermal Resources Permit(GRP)by the County of Hawaii, the State of Hawaii and the permittee shall each contribute towards a Geothermal Asset Fund or other appropriate existing fund for the purposes of geothermal impact mitigation efforts within the District of Puna. The permittee's initial contribution to the fund shall be a sum of$60,00, due within thirty(30)days after the effective date of this GRP permit, and annual sums of$50,000 due on or before the anniversary date of this GRP permit over a period of eight(8) consecutive years thereafter for a total of $460,000. Annual contributions thereafter shall be determined between the permittee and the State of Hawaii or$50,000 annually, whichever is greater. The State's initial annual contribution to the Geothermal Asset Fund shall be the net revenues derived from the resources generated by the HGP-A Well, or a similar amount from other State funding sources less any allocations entitled to the Office of Hawaiian Affairs and operations and maintenance costs. In the event that future enabling legislation provides for a percentage of the State's geothermal royalties to be allocated to the County,upon Mr. Barry.T. Mizuno Page 26 concurrence with the County Council, said royalties may also be deposited to the fund. The administration and expenditure of assets from this Geothermal Asset Fund shall be in accordance with rules,regulations, and procedures developed for that purpose by the County in accordance with Chapter 91,Hawaii Revised Statutes, and with participation of Puna residents or representatives thereof, which shall include,but not be limited to,provisions and criteria to enable the first priority of distribution for temporary or permanent relocation of those property owners who are found, in accordance with criteria established in the rules, to be adversely impacted by the activities authorized,provided that such relief is applied for within a period of one(1)year of the impact. A priority list of impact mitigation projects may be established by the County Council or agency designated by the Council in conjunction with Puna residents or designated representatives thereof,with the exception of upgrading existing subdivisions in the Puna District to current subdivision standards and specifications of the County of Hawaii. Should any other district(s)of the County of Hawaii be proved to be negatively impacted by activities authorized under this or any other subsequent GRP, that district shall receive a pro rata share of the fund assets as may be determined by the County Council or agency designated by the Council with expenditures to follow a prioritized schedule determined as outlined above. The rights granted to the permittee shall not be conditioned upon any contribution or further participation by the State in the fund nor with respect to the creation, management, and operation of the fund other than set forth above. Upon termination of the operations or abandonment of any portion of the affected site,the land shall be graded to blend with the surrounding areas and revegetated. Further,the site shall be left in a nonhazardous condition.A plan for compliance with this condition shall be submitted to the Planning Director for review and approval within ninety(90) days from the date of termination or abandonment, and upon completion of the plan,notice of completion shall be given to the Planning Director. This approval does not,however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Mr. Barry T. Mizuno Page 27 Should you have any questions,please contact Alice Kawaha of the Planning Department at 961-8288. Sincerely, .t.is ,1,eiti-tt 111 f.1 t.- .e--- Geraldine M. Giffin, Chairman Planning Commission Lpgvgrp2pc cc: Department of Public Works Department of Water Supply County Real Property Tax Division Department of Land and Natural Resources Kazu Hayashida,Director/DOT-Highways, Honolulu Department of Health Civil Defense Agency Department of Business,Economic Development&Tourism Mr. Jack Dean Ms. Annie Szvetecz Mr, Robert Kochy Mr.Al Dettweiler Diane and Steve Moynihan Jennifer and Delan Perry Mr. Steve Philips Ms. Aurora Martinovich Ms. Kate T. Harrison Ms. Paula Z. Helfrich Mr. Donald M. Thomas Mr. Gene Thomas Ms. Athena Peanut Ms. Luana Jones Ms. Marlene Dykema&Mr. Jim Rice Ms. Rene Siracusa Colin Love,Esq. R. Ben Tsukazaki,Esq. or ti LINDA LINGLE �4t e yJ PETER P.RSONG CHAIRPERSON GOVERNOR OF HAWAII O � BOARD OF LAND AND NATURAL RESOURCES. COMMISSION ON WATER RESOURCE MANAGEMENT , ROBERT K.MASUDA * OEc UTY OIR cTOR-LAND Itr DEAN NAKANO C_Ci�` d�yat�. aAiTw_..�•��y ACTINO DEGU7r DIRECTOR WATER ' �7!` AQUATIC RESOURCES I "14 S BOATING ANO OCEAN RECREATION S /� r {�/ COMMISSION ON WATER RESOURCE C EMANAGEMENT TATE Of HAWAII CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT. DEPARTMENT OF LAND-AND NATURAL RESOURCES +GINEERING FOR ESTRY ANOWILOLIFE HISTORIC PRESERVATION. stare ofFUlw ENGINEERING DIVISION KAHOOLAWE ISLAND RESERVE COMMISSION PO BOX 373 STLAND STATE PARKS HONOLULU,HAWAII 96809 JAN 1 7 2006 Mr_ Barry T. Mizuno, Owner's Representative Puna Geothermal Venture Post Office Box 30 14-3860 Kapoho Pahoa Road Pahoa, Hawaii 96778 Dear Mr. Mizuno: Amendment to Plan of Operation for Puna Geothermal Ventures Geothermal Resources Mining Lease R-2,Kapoho,Puna,Hawaii At its regular meeting held January 13, 2006, the Board of Land and Natural Resources (BLNR) approved Puna Geothermal Venture's (PGV's)request for amendment to the Plan of Operation for the development of fourteen(14) additional geothermal wells for future expansion to 60 megawatts of power for the geothermal project on Geothermal Resources Mining Lease R-2. Approval is subject to PGV's compliance with all applicable statutes,ordinances, rules and regulations of the Federal, State and County governments, and other terms and conditions that may be prescribed by the Chairperson of the BLNR. A copy of the approval is attached for your use and information. If you have any questions, please call me at 587-0230. Sincerely, ERIC T. HIRANO Chief Engineer Enclosure I• STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Engineering Division Honolulu,Hawaii January 13,2006 Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii Approval of Amendment to the. Plan of Operation for Puna Geothermal Venture, Geothermal Resources Mining Lease R-2,Kapoho,Pima,Hawaii As required by Geothermal Resources Mining Lease R-2 (GRML R-2)and Chapter 13-183, Hawaii Administrative Rules, Puna Geothermal Venture(PGV), sublessee, has submitted for Board of Land and Natural Resources approval a request for amendment to the Plan of Operation for the development of fourteen(14)additional geothermal wells for future expansion to 60 megawatts(MW) of power. The request encompasses the designation of fourteen(14) additional wells,well sites to accommodate the additional wells,and a potential site for additional power generating equipment. PGV currently has approval in the Plan of Operation for 14 geothermal wells to supply the Hawaii Electric Light Company(HELCO)with up to 30 MW of power. It is the intent of PGV to provide HELCO with additional output to meet HELCO's needs up to 60 MW,which PGV is permitted under the County of.Hawaii Geothermal Resource Permit PGV is presently in negotiation with HELCO to provide an additional 8 MW of electricity by the end of 2007. RECOMMENDATION. That the Board of Land and Natural Resources approve the amendment to the Plan of Operation submitted by Puna Geothermal Venture for fourteen(14)additional geothermal wells and future expansion to 60 MW of power for the geothermal project on GRML R-2, subject to the following conditions: I. That Puna Geothermal Venture comply with all applicable statutes, ordinances, rules and regulations of the Federal, State,and County governments. 2. Other terms and conditions as may be prescribed by the Chairperson. Attachment Respectfully submitted, Ct4i ERIC T. HIRANO APP r.«+VE$ - * ; S TTAL: Chief Engineer ;proved by the Board of Lam&Natural Resoutoe$ PET R T. YOUN i f ax , son at the mee ing head 011 ITEM L-1 r 'Post Office Box 30 PUNA 14-3860 Kapoho Pahoa Rd. GEOTHERMAL VENtURE Pahoa, Hawaii 96778 Telephone(808)965-6233 Facsimile(808)965-7254 Z.= iri November 17,`2005 HAWAII Mr.Peter Young Department of Land and Natural Resources State of Hawaii P.O. Box 62I Honolulu,HI 94809 SUBJECT: PLAN OF OPERATION MODIFICATION Dear Mr. Young: Puna Geothermal Venture(PGV) hereby requests a modification to the Plan of Operation. Currently,PGV has approval in the Plan of Operation for the development of fourteen(14) geothermal wells. These 14 wells have been designated to supply the existing power plant with the production and injection resources required to fulfill the 30-megawatt contract with the utility. PGV has recently completed the re-drilling of existing production well Kapoho State 10 (KS-10)and the drilling of a new production well Kapoho State 6(KS-6). Both of these wells are in service and supplying the power plant with steam to ensure the stability of power generation. Presently Kapoho State 13(KS-13)is near completion. The intent is to utilize KS-13 for injection purposes. For future expansion to 60 megawatts,PGV requests approval for an additional 14 geothermal development wells. These additional wells will supply production and injection resources required for expansion to 60 megawatts. PGV respectfully requests approval from the Department of Land and Natural Resources(DLNR) for the designation of 14 additional wells,well sites to accommodate the additional wells,and a potential site for additional power generating equipment. Additionally,PGV seeks to amend the plan of operation to reference 60 megawatts of output and the additional power generating equipment needed to achieve 60 megawatts. PGV is currently in negotiations with Hawaiian Electric Light Company(HELCO)to provide an additional 8 megawatts of electricity by the end of 2007. It is the intent of PGV to provide HELCO with additional output to match their needs up to the 60 megawatts,which we are currently permitted under the County of Hawaii Geothermal Resource Permit, T:iarMrcot2Ri 5.o1171DLNR\DR LLrNG\O5I I 17poomada;aac We certify that this document and ail attachments arc are,accurate,and complete,pursuant to HAR 11-60. t. A Hawaii Partnership • Mr. Peter Young November 18,2005 Paget Attached please find a map (Figure 1)showing the 14 additional wells,their projected well sites and a potential power plant site. Table 1 designates the name and location of each well The exact wellhead coordinates have not been finalized at this time. The wellhead coordinates will be submitted to DLNR as part of the drilling permit application prior to the commencement of drilling. Should you have any questions,please do not hesitate to call me at(808)965-6233. Sincerely, 611-A any T. Mizuno Owner's Represen cc: Eric Tanaka,DLNR. Enclosures: Figure 1 Table 1 T:l83TM\CORRES.OUTID LNRIDRJLLMG1051117POOmod4;doc We certify that this document and all attachments arc tore accurate,and complete,pursuant to HAR 11.60.14. , . . , . * , . .----. - ---.1 Z § t . . ... - • .. ., _ 4 ; i CA 4 § 1 Q . ._........_. . . ..- .. .......... ••-•• •Cr . . ................ ........... . .n- < ,q■ . . • r2, . . . i . . . v 11 ct . 0 0 ,- a - a Do . v a. • , . ' a • • * ii.4 LI . CL * < , — ? . -111- TS . ■ • --.— . . ... T 7 1 1-. \\-e- "2 4 . 7 . ..---'' • 7 di ec 0 _, ,Y 7 7 7 4 V v 1 II... •< T -41110- A. •• 10 4 •. x '.....d.- 1,.,,■ i . avl a a`" 9 3 1 4 3 4 1 0 i 11 1\' i it I 1 2. I . . ti .1.,/ I 1 t 1 . ; . 1 If ! \ I I 1 A ii II I I: t It ' PGV WELL LAYOUT FUTURE EXPANSION TABLE 1 Drilling Well Well Well Comment sequence Number Pad Type 1 20 J Pro SSE 2 21 _ J Pro ENE 3 19 _ J Pro SSW 4 14 Easement B IN SSW 5 25 K Pro SW 15 Easement B 16 I 17 1 18 I 22 G 23 G 24 G 26 K 27 K Comments: December 15, 2009 CERTIFIED MAIL 09-1073E CAB RETURN RECEIPT REQUESTED File No. 0008-09 (7009 0960 0000 3852 6131) Mr. Michael L. Kaleikini Plant Manager Puna Geothermal Venture P.O. Box 30 Pahoa, Hawaii 96778 Dear Mr. Kaleikini: Subject: Noncovered Source Permit (NSP) No. 0008-02-N Application for Renewal No. 0008-09 Puna Geothermal Venture 41 MW (Nominal) Geothermal Power Plant, Wellfield, and Geothermal Exploratory/Developmental Wells Located at 14-3860 Kapoho-Pahoa Road, Pahoa, HI 96778 Date of Expiration: December 14, 2014 The subject Noncovered Source Permit is issued in accordance with Hawaii Administrative Rules, Title 11, Chapter 60.1. The issuance of this permit is based on the plans, specifications, and information that you submitted as part of your renewal application dated September 18, 2009. This permit shall supersede Noncovered Source Permit(NSP) No. 0008-02-N issued on December 27, 2004 and amended on April 22, 2005 and August 17, 2006 in its entirety. A receipt for the application filing fee of$100.00 is enclosed. The Noncovered Source Permit is issued subject to the conditions/requirements set forth in the following Attachments: Attachment I: Standard Conditions Attachment IIA: Special Conditions: Power Plant Attachment IIB: Special Conditions: Wellfield and Geothermal Exploratory/Developmental Wells Attachment III: Annual Fee Requirements Attachment IV: Annual Emissions Reporting Requirements The following forms are enclosed for your use and submittal as required: Annual Fee Form Monitoring Report Form: Operating Hours Monitoring/Annual Emissions Report Form: Fuel Consumption Mr. Michael L. Kaleikini December 15, 2009 Page 2 This permit, (a) shall not in any manner affect the title of the premises upon which the equipment is to be located, (b) does not release the permittee from any liability for any loss due to personal injury or property damage caused by, resulting from or arising out of the design, installation, maintenance, or operation of the equipment, and (c) in no manner implies or suggests that the Department of Health, or its officers, agents, or employees, assumes any liability, directly or indirectly, for any loss due to personal injury or property damage caused by, resulting from or arising out of the design, installation, maintenance, or operation of the equipment. Sincerely, THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division DL:smk Enclosures c: Ed Yamamoto, EHS -Hilo CAB Monitoring Section ATTACHMENT I: STANDARD CONDITIONS NONCOVERED SOURCE PERMIT NO 0008-02-N Issuance Date: December 15, 2009 Expiration Date: December 14,2014 This permit is granted in accordance with the Hawaii Administrative Rules (HAR), Title 11, Chapter 60.1, Air Pollution Control, and is subject to the following standard conditions: 1. This permit, or a copy thereof, shall be maintained at or near the source and shall be made available for inspection upon request. The permit shall not be willfully defaced, altered, forged, counterfeited, or falsified. 2. This permit is not transferable whether by operation of law or otherwise, from person to person, from place to place, or from one piece of equipment to another without the approval of the Department of Health, except as provided in HAR, Section 11-60.1-69. 3. A request for transfer from person to person shall be made on forms furnished by the Department of Health. 4. In the event of any changes in control or ownership of the facilities to be constructed or modified, this permit shall be binding on all subsequent owners and operators. The permittee shall notify the succeeding owner and operator of the existence of this permit and its conditions by letter. 5. The facility covered by this permit shall be constructed and operated in accordance with the application, and any information submitted as part of the application, for the Noncovered Source Permit. There shall be no deviation unless additional or revised plans are submitted to and approved by the Department of Health. 6. This permit (a) does not release the permittee from compliance with other applicable statutes of the State of Hawaii, or with applicable local laws, regulations, or ordinances, and (b) shall not constitute, nor be construed to be an approval of the design of the noncovered source. 7. The permittee shall comply with all the terms and conditions of this permit. Any permit noncompliance constitutes a violation of HAR, Chapter 11-60.1 and is grounds for enforcement action; for permit termination, suspension, reopening, or amendment; or for denial of a permit renewal application. 8. If any term or condition of this permit becomes invalid as a result of a challenge to a portion of this permit, the other terms and conditions of this permit shall not be affected and shall remain valid. 9. The permittee shall not use as a defense in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the terms and conditions of this permit. t NSP No. 0008-02-N Attachment I Page 2 of 4 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 10. This permit may be terminated, suspended, reopened, or amended for cause pursuant to HAR, Sections 11-60.1-10 and 11-60.1-72, and HRS, Chapter 342B-27, after affording the permittee an opportunity for a hearing in accordance with HRS, Chapter 91. 11. The filing of a request by the permittee for the termination, suspension, reopening, or amendment of this permit, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. 12. This permit does not convey any property rights of any sort, or any exclusive privilege. 13. The permittee shall notify the Department of Health in writing of the following dates: a. The anticipated date of initial start-up for each emission unit of a new source or modification not less than thirty(30) days or more than sixty (60) days prior to such date; b. The actual date of construction commencement within fifteen (15) days after such date; and c. The actual date of start-up within fifteen (15) days after such date. 14. The permittee shall furnish, in a timely manner, any information or records requested in writing by the Department of Health to determine whether cause exists for terminating, suspending, reopening, or amending this permit, or to determine compliance with this permit. Upon request, the permittee shall also furnish to the Department of Health copies of records required to be kept by the permittee. For information claimed to be confidential, the permittee shall furnish such records to the Department of Health with a claim of confidentiality. 15. The permittee shall notify the Department of Health in writing, of the intent to shut down air pollution control equipment for necessary scheduled maintenance at least twenty-four(24) hours prior to the planned shutdown. The submittal of this notice shall not be a defense to an enforcement action. The notice shall include the following: a. Identification of the specific equipment to be taken out of service, as well as its location and permit number; b. The expected length of time that the air pollution control equipment will be out of service; c. The nature and quantity of emissions of air pollutants likely to be emitted during the shutdown period; d. Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period; and e. The reasons why it would be impossible or impractical to shut down the source operation during the maintenance period. 16. In the event any emission unit, air pollution control equipment, or related equipment malfunctions or breaks down in such a manner as to cause the emission of air pollutants in violation of Chapter 11-60.1 or this permit, the permittee shall immediately notify the • NSP No. 0008-02-N Attachment Page 3 of 4 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 Department of Health of the malfunction or breakdown, unless the protection of personnel or public health or safety demands immediate attention to the malfunction or breakdown and makes such notification infeasible. In the latter case, the notice shall be provided as soon as practicable. Within five (5)working days of this initial notification, the permittee shall also submit, in writing, the following information: a. Identification of each affected emission point and each emission limit exceeded; b. Magnitude of the excess emissions; c. Time and duration of the excess emissions; d. Identity of the process or control equipment causing the excess emissions; e. Cause and nature of the excess emissions; f. Description of the steps taken to remedy the situation, prevent a recurrence, limit the excessive emissions, and assure that the breakdown does not interfere with the attainment and maintenance of the National Ambient Air Quality Standards and state ambient air quality standards; g. Documentation that the equipment or process was at all times maintained and operated in a manner consistent with good practice for minimizing emissions; and h. A statement that the excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance. The submittal of these notices shall not be a defense to an enforcement action. 17. The permittee may request confidential treatment of any records in accordance with HAR, Section 11-60.1-14. 18. This permit shall become invalid with respect to the authorized construction if construction is not commenced as follows: a. Construction shall be commenced within twelve (12) months after the permit takes effect, shall not be discontinued for a period of twelve (12) months or more, and shall be completed within a reasonable time. b. For phased construction projects, each phase shall commence construction within twelve (12) months of the projected and approved commencement dates in the permit. This provision shall be applicable only if the projected and approved commencement dates of each construction phase are defined in Attachment II, Special Conditions of this permit. 19. The Department of Health may extend the time periods specified in Standard Condition No. 18 upon a satisfactory showing that an extension is justified. Requests for an extension shall be submitted in writing to the Department of Health. 20. The permittee shall submit fees in accordance with HAR, Subchapter 6 of Chapter 11-60.1. 21. All certifications shall be in accordance with HAR, Section 11-60.1-4. NSP No. 0008-02-N Attachment Page 4 of 4 Issuance Date: December 15,2009 Expiration Date: December 14, 2014 22. The permittee shall allow the Director of Health, the Regional Administrator for the U.S. EPA and/or an authorized representative, upon presentation of credentials or other documents required by law: a. To enter the premises where a source is located or emission-related activity is conducted, or where records must be kept under the conditions of this permit and inspect at reasonable times all facilities, equipment, including monitoring and air pollution control equipment, practices, operations, or records covered under the terms and conditions of this permit and request copies of records or copy records required by this permit; and b. To sample or monitor at reasonable times substances or parameters to assure compliance with this permit or applicable requirements of HAR, Chapter 11-60.1. 23. Within thirty (30) days of the permanent discontinuance of the construction, modification, relocation, or operation of the facility covered by this permit, the discontinuance shall be reported in writing to the Department of Health by a responsible official of the facility. 24. Application for permit renewal shall be submitted a minimum of sixty(60) days prior to the permit expiration on forms furnished by the Department of Health. 25. Any document (including reports) required to be submitted by this permit shall be certified as being true, accurate and complete by a responsible official in accordance with HAR, Sections 11-60.1-1 and 11-60.1-4, and shall be mailed to the following address: Clean Air Branch Environmental Management Division Hawaii Department of Health 919 Ala Moana Boulevard, Room 203 Honolulu, HI 96814 26. To determine compliance with submittal deadlines for time-sensitive documents, the postmark date of the document shall be used. If the document was hand-delivered, the date received ("stamped") at the Clean Air Branch shall be used to determine the submittal date. ATTACHMENT IIA: SPECIAL CONDITIONS POWER PLANT NONCOVERED SOURCE PERMIT NO. 0008-02-N Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 In addition to the Standard Conditions of the Noncovered Source Permit, the following emissions unit(s) is subject to the Special Conditions listed below. Section A. Equipment Description. 1. A 41 MW (Nominal) Geothermal Power Plant including the following equipment and associated appurtenances: a. Ten (10) integrated back pressure steam turbine and air cooled binary cycle turbine/generator modules. Ormat Energy Converter(OEC) or equivalent; b. Noncondensible gas (NCG) compressor units; c. Vapor Recovery Unit (VRU); d. Sulfa-Treat System (two abatement reactor vessels); e. Emergency Steam Release Facility (ESRF) Rock Muffler(s) ii. Sodium Hydroxide (NaOH) or equivalent chemical storage tank(s); f. Portable H2S Abatement System; g. Two (2) Integrated Two Level Units (ITLU); and h. Vapor Recovery Maintenance Unit (VRMU). 2. The permittee shall permanently attach an identification tag or nameplate on each piece of equipment which identifies the model number, serial number or I.D. number and manufacturer. The identification tag or name plate shall be attached to the equipment in a conspicuous position. Section B. Emission and Operational Limitations, and/or Standards. 1. The permit conditions prescribed herein may at any time be revised by the Department of Health to conform to any Federal or State promulgated air quality rules on geothermal facilities. 2. Fugitive pentane emissions from the turbine/generator modules shall not exceed 10,000 ppm from any seal, flange, valve or any other fugitive emission point. The permittee shall take immediate corrective actions upon identifying any pentane emissions in excess of 10,000 ppm when measured at the component interface. 3. The total pentane emissions from the facility shall not exceed 300 pounds per day calculated as a quarterly average. Pentane emissions are from fugitive sources and the vapor recovery unit (VRU) and/or the vapor recovery maintenance unit (VRMU). 4. No major maintenance or overhaul resulting in the purging to the atmosphere of the turbine/generator modules shall be allowed without the operation of a vapor recovery NSP No. 0008-02-N Attachment IIA Page 2 of 17 Issuance Date: 'December 15, 2009 Expiration Date: December 14, 2014 unit (VRU) and/or the vapor recovery maintenance unit (VRMU) with a minimum recovery efficiency of 95.0 percent. During normal power plant operations, all purging of noncondensible gases to the atmosphere or the release of pentane from the turbine/generator modules to the atmosphere shall be directed through the vapor recovery unit (VRU) and/or the vapor recovery maintenance unit(VRMU). The vapor recovery unit and vapor recovery maintenance unit (VRMU) shall be maintained in accordance with the manufacturer's operational specifications (i.e., temperature, pressure, etc.). 5. The emergency steam release facility(ESRF) shall be maintained and be fully operational. The rock muffler(s) in service shall be capable of handling 100 percent of the total actual power plant steam flow. 6. The emergency steam release facility (ESRF) shall only be utilized under one or more of the following conditions: a. Failure of the electrical transmission line(s) out of the power plant or some incident that tripped all the steam turbine/generator modules; b. Complete upset of the geothermal fluid injection system; c. Pressure in the steam lines exceed safety design set points; d. Any upset situation which would otherwise result in a release of unabated steam to the atmosphere; e. Testing of the emergency steam release facility(ESRF); or f. Maintenance performed on steam release valve NV4204. 7. The emergency steam release facility(ESRF) shall be equipped and maintained at all times with a minimum of 3000 gallons of sodium hydroxide. The chemical abatement system shall operate automatically when steam is released through the rock muffler(s). A minimum sodium hydroxide treatment mole ratio of 4 to 1 (NaOH/H2S) shall be used. If the duration of the steam release is greater than 15 minutes, the permittee shall monitor the perimeter of the rock muffler(s) using portable hydrogen sulfide analyzers. Upon utilizing the emergency steam release facility (ESRF), the permittee shall take immediate action to the extent practical to reduce the steam flow and perform the necessary corrective actions. The steam flow rate shall be reduced, as a minimum, to 50 percent of full flow within four(4) hours after initiating the use of the emergency steam release facility (ESRF). 8. In the event of any operational upset, equipment failure or malfunction which may allow an increase in the emissions of hydrogen sulfide, particulate matter or pentane, the permittee shall apply appropriate measures to control and minimize any air emissions and take immediate steps to correct the condition. 9. The combined emissions of hydrogen sulfide from the geothermal power plant and associated welifield, including periods of operational upsets, equipment failure or malfunctions shall not cause or contribute to an exceedance of the hydrogen sulfide NSP No. 0008-02-N Attachment IIA Page 3 of 7 Issuance Date:'. December 15, 2009 Expiration Date: December 14, 2014 ambient level of 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average at or beyond the project boundary. Should any of the air quality monitoring stations indicate a hydrogen sulfide ambient concentration greater than 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average, the permittee shall take immediate action terminating, within two (2) hours of the exceedance, all power plant activities not associated with normal power plant operations but contributing to hydrogen sulfide emissions. Following the reduction in power plant emissions, if the monitoring stations still indicate hydrogen sulfide ambient concentrations in excess of 10 ppb on a twenty-four-four rolling average or 25 ppb on a one-hour average, the permittee shall curtail the power plant operations, unless the permittee can conclusively show to the Department of Health that the power plant operations and emissions are not contributing any impact to the monitoring site. If the hydrogen sulfide ambient concentration is below 10 ppb on a twenty-four-hour rolling average and 25 ppb on a one-hour average after the power plant emissions have been reduced, the permittee shall maintain the emissions at this reduced level until such time the Department of Health is assured that the resumption of full activity shall not result in another exceedance of the hydrogen sulfide ambient level of 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average. 10. During those periods of normal power plant and normal wellfield operations, the combined emissions of hydrogen sulfide from the geothermal power plant and associated wellfield shall not cause an increase in the hydrogen sulfide ambient concentration in excess of 5 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the air quality monitoring stations and so identified in the monthly monitoring report. As used in this context, a normal power plant operation is a power plant which is operating without any pipeline cleanouts, upsets, equipment failure, malfunction or which is otherwise operating normally. A normal wellfield operation is a wellfield in which no well drilling, flow testing, or abated well cleanouts are occurring and where the completed well are not experiencing any equipment failure or malfunction and are either shut-in, being used as an injection well, or connected to a sound geothermal resource distribution system. 11. During periods of regularly scheduled maintenance, sodium hydroxide or an equivalent chemical shall be used to abate any hydrogen sulfide emissions. Chemicals equivalent to sodium hydroxide shall obtain prior written approval from the Department of Health before use. 12. The unabated cleanout of a pipeline utilizing the geothermal steam is prohibited. If the geothermal steam is used in the pipeline cleanout, the geothermal steam shall be directed through the hydrogen sulfide abatement equipment. The permittee shall utilize a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into the vertical direction. In no case shall any abated pipeline cleanout coincide with any abated well cleanout, well drilling which opens new hole, or well flow testing operations or commence if the emergency steam release facility(ESRF) is being utilized by the power plant. If emergency steam releases from the power plant occur during any pipeline cleanout, the pipeline cleanout operations NSP No. 0008-02-N Attachment 11A Page 4 of 7 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014. shall be terminated as quickly as practical. Each pipeline cleanout shall not exceed 20 minutes in duration and shall occur only in the daytime. 13. In the event of an equipment malfunction or upset condition which results in a situation where the geothermal injection well(s) are not capable of handling the total geothermal resource being utilized by the power plant, the power plant production and associated geothermal resource being used shall be immediately reduced according to the handling of the injection well(s) or completely shut down. 14. The Sulfa-Treat System shall be operated continuously to abate fugitive H25 emissions from the steam turbines. The Sulfa-Treat System shall be maintained and operated in accordance with the manufacturer's operational specifications. Section C. Monitoring and Recordkeepinq. 1. Monitoring for fugitive pentane shall be conducted in accordance with Method 21 of 40 CFR Part 60, Appendix A, including monitoring at the component interface. The permittee shall perform monitoring on all fugitive pentane emission points, as a minimum, on a monthly basis. The permittee shall keep on file at the facility a monitoring plan showing the locations in the facility where fugitive pentane emissions are monitored. 2. Records shall be maintained on all incidents resulting in the release of pentane to the atmosphere, including the purging of noncondensible gases from the turbine/generator modules, the maintenance and overhaul of the turbine/generator modules, vapor recovery unit (VRU) and vapor recovery maintenance unit (VRMU), equipment malfunctions, usage of the vapor recovery unit(VRU) and vapor recovery maintenance unit (VRMU)with hours of operation, and all fugitive emission measurements greater than 10,000 ppm and the corrective measures taken. In addition to estimating the amount of pentane emitted from each incident, records shall also include information on the date and quantity of pentane received from the supplier and the corresponding pentane tank level reading. The above records shall be recorded on a quarterly basis to calculate the average daily emissions. 3. The following data shall be recorded during periods in which the hydrogen sulfide abatement system is operating at the emergency steam release facility (ESRF): a. The operating times of the ESRF; b. The injection rate of sodium hydroxide; c. The quantity of sodium hydroxide remaining in the abatement equipment storage tanks; and d. The hydrogen sulfide readings from the portable H2S analyzers in accordance with Special Condition No. B.7 of Attachment IIA. NSF' No. 0008-02-N Attachment IIA Page 5of7 issuance Date: December 15, 2009 Expiration Date: December 14, 2014 `' 4. The permittee shall operate and maintain a minimum of three (3) meteorological monitoring stations, three (3) ambient air quality monitoring stations for hydrogen sulfide and one (1) PM10 monitor. The PM,o monitor shall only be operated during drilling operations, flow testing, and well cleanouts. The permittee shall maintain a file of all measurements collected from and performed on the ambient air monitoring stations, including the monitoring system performance evaluations; calibration checks; and adjustments and maintenance performed on the system or devices. The measured data shall meet U.S. EPA capture requirements and quality assurance guidelines. As a minimum, a quality assurance check shall be conducted on each monitoring station every-other-day. The three (3) ambient air quality monitoring stations shall be equipped with emergency backup power in the event of power disruptions to the monitoring stations. The permittee shall also maintain a spare hydrogen sulfide analyzer for the ambient air quality monitoring stations. 5. At the discretion of the Department of Health, the permittee may at any time be required to install, operate, and maintain additional ambient air quality and meteorological monitoring stations, but only after due notice to the permittee on the reasons for the proposed change and providing the permittee an opportunity to respond within seven (7) working days. 6. The Department of Health may at any time with reasonable cause, request the permittee to measure and record the hydrogen sulfide and pentane emissions at any specified point source location in the power plant. 7. All records shall be true, accurate and maintained in a permanent form suitable for inspection, retained for a minimum of three (3) years following the date of such records, and made available to the Department of Health or their representatives upon request. Section D. Reporting and Notification Requirements. 1. The ambient air quality monitoring stations shall be equipped with an alarm or acceptable equivalent system that is designed to page and notify the permittee or a government agency on a twenty-four hour basis of ambient hydrogen sulfide concentrations in excess of 10 ppb on a twenty-four hour average and 25 ppb on a one- hour average. The permittee shall immediately notify the Department of Health and the Hilo District Health Office of any exceedance above 10 ppb on a twenty-four hour rolling average and 25 ppb on a one-hour average. One (1) copy of the air quality monitoring and meteorological data files shall be submitted on an annual basis to the Department of Health. The data files shall be in ASCII format that can be utilized by a personal computer for ready extraction of data. NSP No. 0008-02-N Attachment IIA' Page 6 of 7 Issuance Date: December 15,2009 Expiration Date: December 14, 2014 The verified air quality monitoring and meteorological data shall be summarized and submitted monthly in writing to the Department of Health. The monthly data report shall also include a monthly summary with the following information: highest value, the date/time the highest value occurred, monthly average, data recovery (%), number of exceedances, date the exceedance occurred, and the corrective actions taken. Additional information on the monitoring stations and on the data collected shall be submitted upon request by the Department of Health. Both the annual data file and monthly summary shall be submitted to the Department of Health within sixty(60) days following the end of each respective time period. The permittee shall provide computer access for the ambient air quality monitoring stations through telecommunication lines to the Department of Health. The computer access shall allow the downloading of the current and the previous 24-hour raw hydrogen sulfide ambient air quality and meteorological data. 2. The permittee shall submit a written report to the Department of Health within five (5) working days of the occurrence of Special Condition No. B.9 of Attachment IIA. The report shall include the date, time and duration of the exceedance(s), the status of all project operations during the exceedance, the estimated project emissions and any other emission sources that may have contributed to the exceedance, and all corrective measures and actions taken to reduce project emissions to a minimum. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation(s) of this permit, law, rule or order. 3. The permittee shall immediately notify the Department of Health of any operational upsets, equipment failure or malfunction which results in the emission of hydrogen sulfide, particulate matter or pentane in violation of HAR Chapter 11-60.1 or this permit. In addition, a written report shall be submitted to the Department of Health within five (5) working days of occurrence. The report shall include a description of the malfunctioning equipment or abnormal operation, the date of the initial failure, the estimated resultant emissions, time and duration of the event, and the methods utilized to restore normal operations. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation(s) of this permit, law, rule or order which results from the operational upset, equipment failure or malfunction. 4. Prior to any abated pipeline cleanout utilizing geothermal steam, the Department of Health must be informed in writing, a minimum of two (2)working days prior to commencement and so concur. The public shall be notified a minimum of 24-hr in advance by notices in the newspapers of general circulation in Hawaii County. In addition, the permittee shall make a reasonable effort to notify all residents living within 3,500 feet of the permittee's property boundary a minimum of 24-hrs in advance of any abated pipeline cleanout utilizing geothermal steam. 5. The records and any supporting information required in Attachment IIA, Special Condition No. C.2, including any assumptions and calculations used to determine the amount of pentane emissions and descriptions of pentane transfers, shall be submitted NSP No. 0008-02-N Attachment IIA Page 7 of 7 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 to the Department of Health on a quarterly basis. These records shall be submitted to the Department of Health within thirty (30) days following the end of each quarter. 6. Notification and reporting pertaining to the following events shall be done in accordance with Attachment I, Standard Condition Nos. 13, 15, 16 and 23, respectively. a. Anticipated date of initial start-up, actual date of construction commencement, and actual date of start-up; b. Intent to shut down air pollution control equipment for necessary scheduled maintenance; c. Emissions of air pollutants in violation of HAR, Chapter 11-60.1 or this permit; and d. Permanent discontinuance of construction, modification, relocation, or operation of the facility covered by this permit. 7. The permittee shall notify the Department of Health in the event the ESRF has operated more than 15 minutes in duration in accordance with Special Condition No. B.7 of Attachment IIA. Section E. Testing Requirements. 1. Prior to the commencement of any abated pipeline cleanout utilizing the geothermal steam, the permittee shall submit to, and receive the approval of, the Department of Health a sampling and testing protocol, identifying the analytical procedures and methodologies to be used and the constituents to be measured, which shall seek to physically and chemically characterize the particulate and aerosol emissions and corresponding ambient concentrations from these operations. Each collected sample shall be submitted to a qualified laboratory for analyses within five (5)working days after the sample is collected. The permittee shall submit a copy of the results of the analyses to the Department of Health within five (5)working days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents or perform more frequent testing. Section F. Agency Notification. Any document (including reports) required to be submitted by this permit shall be done in accordance with Attachment I, Standard Condition No. 25. ATTACHMENT IIB• SPECIAL CONDITIONS WELLFIELD AND GEOTHERMAL EXPLORATORY/DEVELOPMENTAL WELLS NONCOVERED SOURCE PERMIT NO. 00013-02-N Issuance Date: December 15,2009 Expiration Date: :December 14, 2014 In addition to the Standard Conditions of the Noncovered Source Permit, the following! emissions unit(s) is subject to the Special Conditions listed below: Section A. Equipment Description. 1. This permit encompasses the following equipment and related appurtenances: a. Pad A Wellfield: Production Wells KS-9 and KS-10, Injection Wells KS-1A, KS-11 and KS-13, and associated equipment; b. Pad E Wellfield: Production Wells KS-4, KS-5 and KS-6, Injection Well KS-3, and associated equipment; c. Fourteen (14) Geothermal Exploratory/Developmental Wells; d. Drilling rig no. 1 (Rig 51): Three (3) 877 hp diesel engine drives, Waukesha model L5792, serial nos. 363805, 363806, and 363807; and ii. Two (2) 435 hp diesel engine generators, Caterpillar model D353, serial nos. 46B09273 and 46B09281; iii. One (1) 1205 hp diesel engine for Top Drive unit, Detroit Diesel serial no. T28091 UNIT568, engine no. 5362003945; e. Drilling rig no. 2 (Spencer Harris Drilling Rig): Two (2) 300 hp diesel engine drives, Caterpillar model D334, serial nos. 92B-3036 and 92B-3841; and ii. One (1) 400 hp diesel engine for air compressor, Caterpillar model 3406- B, serial no. 6TB0750. f. Portable H2S Abatement System. 2. The permittee shall permanently attach an identification tag or nameplate on each piece of equipment which identifies the model number, serial number or I.D. number and manufacturer. The identification tag or name plate shall be attached to the equipment in a conspicuous position. Section B. Emission and Operational Limitations, and/or Standards. 1. The permit conditions prescribed herein may at any time be revised by the Department of Health to conform to any Federal or State promulgated air quality rules on geothermal facilities. 2. The construction of fourteen (14) geothermal exploratory/developmental wells are to be drilled in TMK: 1-4-01: 2, 1-4-01: 3, 1-4-01: 58 and 1-4-01: 19, Kilauea Lower East Rift Zone, Puna, Hawaii. • NSP No 0008-02-N Attachment IIB Page 2 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 3. This permit does not authorize any of the geothermal exploratory/developmental wells to be connected to and become part of a distribution system which supplies geothermal resource to a power plant or facility, or any well to be used as an injection well for the geothermal resource unless the permittee has obtained all other applicable federal, state or local operating permits. 4. No geothermal exploratory/developmental wells (i.e., wellhead cellar) shall be located within 600 feet of the property boundary. If any federal, state or county permit or order stipulates a distance greater than 600 feet in which no geothermal wells (i.e., wellhead cellars) can be located, the greater distance shall so apply. 5. The reworking of any geothermal well covered under this Noncovered Source Permit is prohibited, unless prior written approval is obtained from the Department of Health. "Reworking" is meant to include recompletion of a well; deepening or redrilling (side- tracking)of a well; or other repairs, maintenance or modifications below the casing head. Such activities commonly involve a drilling rig. If the reworking of any geothermal well is considered necessary, the permittee shall submit a written request to the Department of Health which shall include, as a minimum, a justification for the reworking, procedures and equipment involved, hydrogen sulfide abatement procedures and the estimated emissions. The approval for the reworking of any geothermal well does not relieve the permittee from compliance with all applicable conditions of this Noncovered Source Permit, including all provisions related to well drilling, flow testing and abated well cleanout. 6. Unless prior written approval is obtained from the Department of Health, each geothermal well shall be shut-in or otherwise prevented from discharging to the atmosphere in accordance with appropriate standards of operation and maintenance and at no time be placed on continuous or standby bleed status at the wellhead or anywhere in the distribution pipeline upon completion of flow testing operations. If the release of any accumulated wellhead gas or any other geothermal fluid is considered necessary, the permittee must submit a written request to the Department of Health which shall include, as a minimum, a justification for the required release, estimated duration of the release, estimated amount of hydrogen sulfide emissions, and a description of the abatement system. The release of any accumulated wellhead gas or any other geothermal fluid shall be directed through a hydrogen sulfide abatement system prior to being discharged to the atmosphere. If a request to release any accumulated wellhead gas or any other geothermal fluid is approved by the Department of Health, the approval may be subject to further conditions. 7. Flaring of excess hydrogen sulfide gas from the completed wells is prohibited without the approval of the Department of Health. If flaring of the excess gas is considered necessary, the permittee must submit a written request to the Department of Health which shall include as a minimum the proposed date, time and approximate duration of the flaring episode, the current and expected well head pressure, the estimated hydrogen sulfide concentration in the well gas, the estimated emission rates for hydrogen sulfide and sulfur dioxide, an air quality impact analysis for sulfur dioxide, the NSP No. 0008-02-N • Attachment IIB Page 3 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 probable cause of excess gas buildup, and an assessment of any abatement alternatives. If a request to flare excess gas is approved as necessary by the Department of Health, the approval may be subject to specified conditions. These conditions may include, but are not limited to, provisions requiring the permittee to install, operate, and maintain sulfur dioxide ambient monitors and to submit to the Department of Health after the flaring event a report on the times flaring actually occurred, the sulfur dioxide emissions determined through either direct or indirect measurements, and any problems encountered during the flaring process. 8. Hydrogen sulfide abatement equipment with a minimum of 3,000 gallons of sodium hydroxide or an equivalent chemical shall be on the property prior to the initiation of drilling, abated well cleanout and flow testing operations. Chemical storage tanks shall be maintained with sodium hydroxide or an equivalent chemical at all times with no less than a three-day operating supply. Chemicals equivalent to sodium hydroxide shall obtain prior written approval from the Department of Health before use. 9. During well drilling, flow testing and abated well cleanout operations, the permittee shall utilize hydrogen sulfide abatement equipment. The hydrogen sulfide abatement equipment shall consist of a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into a vertical direction. A minimum sodium hydroxide treatment mole ratio of 4 to 1 (NaOH/H2S) will be used initially and the abatement efficiency monitored. The optimum mole ratios will be determined during the hydrogen sulfide abatement operations. A specific chemical treatment plan shall be submitted to the Department of Health prior to the commencement of drilling, flow testing and abated well cleanout operations. A copy of the plan shall be maintained at the site at all times and supervisory personnel shall be aware of its provisions at all times. 10. During well drilling operations, the release of any geothermal steam shall be diverted to the hydrogen sulfide abatement equipment or action immediately taken to shut-in the well. In no case shall the cumulative steam releases from the well drilling operations result in total abated hydrogen sulfide emissions of five (5.0) pounds per hour or more. If the cumulative steam releases from the well drilling operations result in total abated hydrogen sulfide emissions of five (5.0) pounds per hour or more, the permittee shall take immediate action to shut-in the wells. 11. During flow testing and abated well cleanout operations, the permittee shall utilize hydrogen sulfide abatement. If the abated hydrogen sulfide emission rate increases to five (5.0) pounds per hour or more, or if any steam is released through the power plant emergency steam release facility, the permittee shall cease operations and shut-in the well. The problem shall be corrected before testing or cleanout operations can continue. NSP No. 0008-02-N Attachment IiB Page 4 of 12. Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 During periods of flow testing, abated well cleanouts, and well equipment failure or malfunction which result in hydrogen sulfide ambient air concentrations exceeding the specified limits in Attachment IIB, Special Condition No. B.15, the permittee shall apply appropriate measures to control and minimize any air emissions and take immediate steps to correct the condition. If the well equipment in question cannot be repaired within twenty-four(24) hours of the occurrence, the permittee shall cease operations and shut-in the well in accordance with Attachment IIB, Special Condition No. B.15. 12. The unabated venting of a geothermal well is prohibited. During abated well cleanout and flow testing operations, the geothermal resource shall be directed through the hydrogen sulfide abatement equipment. Flow testing and abated well cleanout operations shall be conducted only during the daytime and performed for no more than a total of four(4) hours. In no case shall any abated well cleanout coincide with any pipeline cleanouts, well drilling which opens new holes, or well flow testing operations, or commence if the power plant emergency steam release facility is being utilized. If emergency steam releases from the power plant occur during any abated well cleanout, the well cleanout operations shall be terminated as quickly as practical. 13. The permittee shall install a control system acceptable to the Department of Health for the throttling of steam flow and the soft shut-in on each development well prior to the well being connected to a resource distribution system. 14. To prevent well blowouts, the permittee shall employ good drilling practices with proper blowout prevention equipment and experienced personnel in the drilling of the exploratory/developmental wells. Drilling supervisors shall be certified in blowout prevention at a minimum of once every two years by a certified trainer. 15. The combined emissions of hydrogen sulfide from the geothermal power plant and associated wellfield, including periods of operational upsets, equipment failure or malfunctions shall not cause or contribute to an exceedance of the hydrogen sulfide ambient level of 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average at or beyond the project boundary. Should any of the air quality monitoring stations indicate a hydrogen sulfide ambient air concentration greater than 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average, the permittee shall cease all well drilling, flow testing, and abated well cleanout operations, and shall shut-in those wells experiencing equipment failure or malfunction which result in emissions of hydrogen sulfide. The affected wellfield construction activities shall be allowed to proceed only after the permittee has satisfactorily demonstrated to the Department of Health that the contributions from the well drilling, well flow testing, abated well cleanout operations or well equipment repair will not result in or contribute to the exceedance of the hydrogen sulfide ambient concentration of 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average. NSP No. 0008-02-N Attachment 11E3 Page 5 of 12 Issuance Date: December 15,2009 Expiration Date: December 14,2014 16. During those periods of normal power plant and normal wellfield operations, the combined emissions of hydrogen sulfide from the geothermal power plant and associated wellfield shall not cause an increase in the hydrogen sulfide ambient concentration in excess of 5 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the air quality monitoring stations and so identified in the monthly monitoring report. As used in this context, a normal power plant operation is a power plant which is operating without any pipeline cleanouts, upsets, equipment failure, malfunction or which is otherwise operating normally. A normal wellfield operation is a wellfield in which no well drilling, flow testing, or abated well cleanout are occurring and where the completed wells are not experiencing any equipment failure or malfunction and are either shut-in, being used as an injection well, or connected to a sound geothermal resource distribution system. 17. The permittee shall have wind socks placed at two opposite edges of the drill site and on the drill floor. 18. The permittee shall maintain a 24-hour telephone service to accept calls concerning this permit. This telephone number must be operational prior to commencement of drilling operations. 19. The three (3) 877 hp, two (2) 435 hp and one (1) 1205 hp diesel engines for drilling rig no. 1, and the two (2) 300 hp and one (1) 400 hp diesel engines for drilling rig no. 2 shall be fired only on fuel no. 2 with a maximum sulfur content not to exceed 0.5 percent by weight. 20. The total combined fuel usage of all nine (9) diesel engines shall not exceed 250,000 gallons in any rolling twelve (12) month period. 21. The total hours of operation for each of the two (2) 300 hp and one (1) 400 hp diesel engines for drilling rig no. 2 shall not exceed 720 hours in any rolling twelve (12) month period. 22. For any six(6) minute averaging period, the exhaust from each of the diesel engines shall not exhibit visible emissions of twenty (20) percent opacity or greater, except as follows: during start-up, shutdown, or equipment breakdown, each of the diesel engines may exhibit visible emissions greater than twenty(20) percent opacity but not exceeding sixty(60) percent opacity for a period aggregating not more than six (6) minutes in any sixty (60) minutes. Section C. Monitoring and Recordkeeping. 1. The permittee shall operate and maintain a minimum of three (3) meteorological monitoring stations, three (3) ambient air quality monitoring stations for hydrogen sulfide and one (1) PM10 monitor. The monitoring stations required in Attachment IIA, Special Condition No. C.4 shall be used towards fulfilling this requirement. NSP No,!0008-02-N Attachment IIB Page 6 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 2. At the discretion of the Department of Health, the permittee may at any time be required to install, operate, and maintain additional ambient air quality and meteorological monitoring stations, but only after due notice to the permittee on the reasons for the proposed change and providing the permittee an opportunity to respond within seven (7) working days. 3. The permittee shall monitor the hydrogen sulfide concentration and emission rate during drilling, flow testing and abated well cleanout operations. 4. During well drilling operations, records of each steam release associated with upsets, equipment failures or malfunctions shall be maintained and include as a minimum, the date, time and duration of steam release, the resultant hydrogen sulfide emissions, chemical injection rate, steam flow rate, and any corrective measures taken. 5. The permittee shall operate and maintain a non-resetting fuel metering system for the permanent recording of the total gallons of fuel consumed by the nine (9)diesel engines associated with the drilling rigs for the purpose of the fuel limitation specified in Attachment IIB, Special Condition No. B.20. The permittee shall maintain records on a monthly and rolling twelve (12) month basis on the total amount (gallons) of fuel oil consumed by the nine (9) diesel engines. The installation of any new non-resetting meters or the replacement of any existing non-resetting meters shall be designed to accommodate a minimum of five (5)years of equipment operation, considering any operational limitations, before the meter returns to a zero reading. 6. The permittee shall operate and maintain non-resetting hour meter(s)for the permanent recording of the total hours of operation for each of the two (2) 300 hp and one (1) 400 hp diesel engines for drilling rig no. 2 for the purpose of the hour limitation specified in Attachment IIB, Special Condition No. B.21. The permittee shall maintain records on the total hours of operation for each of the three (3) diesel engines on a monthly and rolling twelve (12) month basis. The installation of any new non-resetting meters or the replacement of any existing non-resetting meters shall be designed to accommodate a minimum of five (5) years of equipment operation, considering any operational limitations, before the meter returns to a zero reading. 7. The permittee shall keep invoices of fuel deliveries for the diesel engines identifying the delivery dates and the type and amount of fuel received. Include with the records copies of the supplier's certificate of analysis showing the sulfur content of the fuel delivered. 8. The permittee shall keep a log identifying the diesel engines used for drilling a well and for the removal of fill or other materials from wells. 9. All records shall be true, accurate and maintained in a permanent form suitable for inspection, retained for a minimum of three (3) years following the date of such records, and made available to the Department of Health or their representatives upon request. NSP No. 0008-02-N Attachment I1B Page 7 of 12 Issuance Date: December. 15, 2009 Expiration Date: December 14, 2014 Section D. Reporting and Notification Requirements. 1. A written plan must be submitted to and approval obtained from the Department of Health at least thirty (30) calendar days prior to the commencement of construction of each well. The Department of Health shall act on the approval in a timely manner provided all required and requested information have been submitted. Each plan shall include a drawing identifying the well location, the property boundary, access roads approaching and traversing the property, the location of the nearest residence, the locations of the ambient air quality monitoring stations, and hydrogen sulfide abatement procedures. The status of all previous constructed wells shall be provided including a clear description of the measures taken to shut-in the well. The Department of Health may at any time request for additional information. 2. The permittee shall notify the Department of Health in writing at least two (2)working days prior to the commencement, and within two (2)working days after the completion of the drilling, abated well cleanout, and flow testing operations, for each geothermal well. The Department of Health must concur before the permittee can commence operations. 3. Prior to any drilling, flow testing or abated well cleanout operation, the public shall be notified a minimum of 24 hours in advance by notices in the newspapers of general circulation in Hawaii County. In addition, the permittee shall make a reasonable effort to notify all residents living within 3,500 feet of the permittee's property boundary a minimum of 24 hours in advance of each drilling, flow testing or abated well cleanout operation. 4. In the event of a well blowout, the permittee shall immediately proceed with measures to kill or gain control of the well and notify the Department of Health. The permittee shall submit to the Department of Health a written report within five (5) working days of the blowout. The report shall include, as a minimum, the probable cause of the blowout, the actions that have or will be taken, the estimated time before the well was controlled or is expected to be controlled, an analysis of the air quality impact from any unabated emissions, and a monitoring plan to determine the actual air quality impact resulting from the blowout. A status report shall be submitted to the Department of Health on a daily basis until such time the control of the well is established. 5. The permittee shall orally notify the Department of Health when an abnormality or a situation occurs that could result in an exceedance of the state ambient air quality standards, or has resulted in a hydrogen sulfide measurement of 25 ppb or more (one- hour average) at any of the ambient air quality monitoring stations, or if not properly resolved, may threaten the health or safety of persons in the vicinity of the project site. Notification shall be provided immediately, unless the protection of personnel or public health or safety demands immediate attention to the abnormality or situation and makes such notification infeasible. In the latter case, the oral notice shall be provided as soon as practicable. NSP No. 0008-02-N Attachment IIB Page 8 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 6. The Department of Health shall be immediately notified in accordance with Attachment IIB, Special Condition No. B.10, if the cumulative steam releases from either or both well drilling operations result in total abated hydrogen sulfide emissions of five (5.0) pounds per hour or more. 7. The Department of Health shall be immediately notified in accordance with Attachment IIB, Special Condition No. B.11, if during flow testing or abated well cleanout operations, the abated hydrogen sulfide emission rate increases to five (5.0) pounds per hour or more, or if any steam is released through the power plant emergency steam release facility (ESRF). During periods of flow testing, abated well cleanouts, and well equipment failure or malfunction which result in hydrogen sulfide ambient air concentrations exceeding the specified limits in Attachment IIB, Special Condition No. B.15, the Department of Health shall be immediately notified. Within five (5)working days of the occurrence, a report shall be submitted to the Department of Health. The report shall include a description of the equipment failure or malfunction, the date of the initial failure, the estimated resultant emissions, time and duration of the event, and the repairs conducted to restore normal operations. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation(s) of this permit, law, rule, or order which results from the well equipment failure or malfunction. 8. The daily records specified in Attachment IIB, Special Conditions Nos. E.1.b.i., ii., and iii. shall be reported daily to the Department of Health by telephone or facsimile no later than noon of the following work day. The Department of Health may at any time request additional data or revise the frequency of this daily reporting requirement. 9. Notification and reporting pertaining to the following events shall be done in accordance with Attachment I, Standard Condition Nos. 15, 16 and 23, respectively: a. Intent to shut down air pollution control equipment for necessary scheduled maintenance; b. Emissions of air pollutants in violation of HAR, Chapter 11-60.1 or this permit; and c. Permanent discontinuance of construction, modification, relocation, or operation of the facility covered by this permit. 10. The permittee shall submit the following written report to the Department of Health. The report shall be submitted within thirty (30) days after the completion of each well and include the following: a. The monthly and rolling twelve (12) month fuel consumption records for the total combined fuel usage of all nine (9) diesel engines of the drilling rigs; and NSP No. 0008-02-N Attachment IIB Page 9 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 b. The maximum sulfur content(percent by weight)of the fuel oil no. 2 fired in the diesel engines of the drilling rigs. c. The total hours of operation for each of the two (2) 300 hp and one (1) 400 hp diesel engines of drilling rig no. 2. The enclosed Monitoring/Annual Emissions Report Form - Fuel Consumption shall be used for reporting Special Condition Nos. 10.a and 10.b and the Monitoring Report Form - Operating Hours shall be used for reporting Special Condition No. 10.c. 11. Annual emission reports for the diesel engines shall be submitted to the Department of Health on the Monitoring/Annual Emissions Report Form - Fuel Consumption, in accordance with Attachment IV, Annual Emissions Reporting Requirements. Upon the written request of the permittee, the deadline for the reporting of annual emissions may be extended, if the Department of Health determines that reasonable justification exists for the extension. Section E. Testing Requirements. 1. The permittee shall conduct wet chemical tests for the determination of the hydrogen sulfide concentrations during periods of drilling, flow testing and abated well cleanout operations where geothermal steam is directed to the hydrogen sulfide abatement equipment. a. These tests shall be conducted during the following periods: At least once every six (6) hours per 24-hr period during periods of drilling operations. Additional wet chemical tests shall be required if previous results indicate a +10 percent fluctuation in the hydrogen sulfide concentration; and ii. At least twice during the four hours per day for abated well cleanouts and flow testing operations. b. The following data shall be recorded at these times: The hydrogen sulfide concentration (ppm) upstream from the chemical injection system; ii. The injection rate of sodium hydroxide; iii. The hydrogen sulfide concentration (ppm) downstream, after chemical injection, calculated hydrogen sulfide emission rate (lb/hr) and calculated hydrogen sulfide abatement efficiency (percent); and iv. Daily, the quantity of sodium hydroxide remaining in the abatement equipment storage tanks. NSP No. 0008-02-N Attachment IIB' Page 10 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 The Department of Health may require additional data to be recorded when significant changes in the resource occurs and when changes are made in the injection rates of sodium hydroxide. The records shall be kept at the well location at all times during the drilling, flow testing and abated well cleanout operations. 2. The permittee shall sample and test the liquid and vapor phases of each geothermal resource well to determine the concentrations of the following constituents in the steam condensate, brine and noncondensible gases: Steam Condensate Benzene Fluorides (Total) Ammonium (Total) Mercury(Total) Arsenic pH Lead Total Dissolved Solids Cadmium Total Suspended Solids Bicarbonate and Carbonate Beryllium Sulfates Asbestos Chlorides Vinyl Chloride Nitrates Radon Boron (Total) Radionuclides (gross Alpha and Beta) Hydrogen Sulfide Brine Benzene Fluorides (Total) Ammonium (Total) Mercury(Total) Arsenic pH Lead Total Dissolved Solids Cadmium Total Suspended Solids Bicarbonate and Carbonate Beryllium Sulfates Asbestos Chlorides Vinyl Chloride Nitrates Radon Boron (Total) Radionuclides (gross Alpha and Beta) Hydrogen Sulfide Noncondensible Gases Benzene Carbon Dioxide Hydrogen Sulfide Arsenic Ammonia Beryllium Mercury Vapor Asbestos Methane Radon Non-Methane Hydrocarbons Radionuclides (gross Alpha and Beta) Vinyl Chloride NSP No. 0008-02-N Attachment IIB Page 11 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 The sampling and testing of the resource shall be performed once upon experiencing the first steam release, and at least once during abated well cleanout and flow testing operations. During normal operation of each well, the sampling and testing of the resource shall be performed on an annual basis. During the testing of the noncondensible gases, if the hydrogen sulfide concentrations deviates more than +10 percent of the initial well test measurement, the permittee shall repeat the sampling and testing of the resource for the steam condensate, brine and noncondensible gases within the next six (6) months. The permittee shall be required to perform a retest only once after performing an annual resource test. All sampling shall be submitted to a qualified laboratory for analyses within five (5) working days after obtaining the sample. The permittee shall submit a copy of the results of the analyses to the Department of Health within five (5) working days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents or perform more frequent testing. The Department of Health may waive the annual resource testing for a specific constituent upon prior written request of the permittee. Such a request would need to be justified on the grounds that previous testing had shown that constituent to be below detection limits. The annual resource testing may not be waived for more than two consecutive years. 3. At least thirty(30) calendar days prior to performing tests and analyses of the geothermal resource well as required in Attachment IIB, Special Condition No. E.2, the permittee shall submit a written test plan to the Department of Health that describes the test methods, analytical procedures, the constituents to be measured and other parameters that may affect test results and analyses. Such a plan shall conform to U.S. EPA guidelines including quality assurance procedures. A test plan that does not have the approval of the Department of Health may be grounds to invalidate any test and require a retest. 4. Prior to the commencement of any geothermal well drilling, abated well cleanout, or flow testing operations which will result in the release of geothermal steam to the atmosphere, the permittee shall submit to, and receive the approval of, the Department of Health a sampling and testing protocol, identifying the analytical procedures and methodologies to be used and the constituents to be measured, which shall seek to physically and chemically characterize the particulate and aerosol emissions and corresponding ambient concentration from these operations. Each collected sample shall be submitted to a qualified laboratory for analyses within five (5)working days after the sample is collected. The permittee shall submit a copy of the results of the analyses within five (5) working days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents or perform more frequent testing. NSP No. 0008-02-N Attachment IIB Page 12 of 12 Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 Section F. Agency Notification. Any document (including reports) required to be submitted by this permit shall be done in accordance with Attachment I, Standard Condition No. 25. ATTACHMENT III: ANNUAL FEE REQUIREMENTS NONCOVERED SOURCE PERMIT NO. 0008-02-N Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 The following requirements for the submittal of annual fees are established pursuant to Hawaii Administrative Rules (HAR)„Title 11, Chapter 60.1, Air Pollution Control. Should HAR, Chapter 60.1 be revised such that the following requirements are in conflict with the provisions of HAR, Chapter 60.1, the permittee shall comply with the provisions of HAR, Chapter 60.1: 1. Annual fees shall be paid in full: a. Within sixty(60) days after the end of each calendar year; and b. Within thirty(30) days after the permanent discontinuance of the noncovered source. 2. The permittee shall be assessed $500.00 annually for each valid noncovered source permit held during the prior calendar year, or$42.00 per month for any fraction of the year the noncovered source permit is valid. 3. If any part of the annual fee is not paid within thirty days after the due date, a late payment penalty of five percent of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each calendar month during which any part of the annual fee or any prior accrued late payment penalty remains unpaid, an additional late payment penalty of five percent of the then unpaid balance shall accrue and be added thereto. 4. The permittee shall complete and submit the attached Annual Fee Form with the required annual fee. Make copies for future use. 5. If any annual fee, including the late payment penalty required by HAR, Chapter 11-60.1, is not paid in full within thirty days after the due date, the Department of Health may terminate or suspend any or all of the permittee's noncovered source permits, after affording the opportunity for a hearing in accordance with HRS, Chapters 91 and 342B. ATTACHMENT IV: ANNUAL EMISSIONS REPORTING REQUIREMENTS NONCOVERED SOURCE PERMIT NO. 0008-02-N Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 In accordance with the Hawaii Administrative Rules, Title 11, Chapter 60.1, Air Pollution Control, the permittee shall report to the Department of Health the nature and amounts of emissions. 1. Complete the attached form(s): Monitoring/Annual Emission Report Form - Fuel Consumption 2. The reporting period shall be from January 1 to December 31 of each year. All reports shall be submitted to the Department of Health within sixty (60) days after the end of each calendar year and shall be mailed to the following address: Clean Air Branch Environmental Management Division Hawaii Department of Health 919 Ala Moana Boulevard, Room 203 Honolulu, HI 96814 3. The permittee shall retain the information submitted, including all emissions calculations. These records shall be in a permanent form suitable for inspection, retained for a minimum of three (3) years, and made available to the Department of Health upon request. 4. Any information submitted to the Department of Health without a request for confidentiality shall be considered public record. 5. In accordance with HAR, Section 11-60.1-14, the permittee may request confidential treatment of specific information, including information concerning secret processes or methods of manufacturing, by submitting a written request to the Director and clearly identifying the specific information that is to be accorded confidential treatment. ANNUAL FEE FORM NONCOVERED SOURCE PERMIT Na 0008-02-N Issuance Date: December 15, 2009 Expiration Date: December 14, 2014 (Make Copies for Future Use) For Calendar Year: 1. Company Name: 2. Facility Name (if different from the Company): 3. Mailing Address: City: State: Zip Code: Phone Number: 4. Location of Equipment: 5. Plant Site Manager/Other Contact: Title: Phone Number: Noncovered Source Date of Issuance If Permit Canceled Amount Due Permit Provide Date 0008-02-N Total Due: 6. Make check or money order payable to Clean Air Special Fund— NON. Indicate your permit number(s) on all remittance. 7. Mail payment and this form to: Clean Air Branch Environmental Management Division Hawaii Department of Health 919 Ala Moana Boulevard, Room 203 Honolulu, HI 96814 MONITORING REPORT FORM' OPERATING HOURS NONCOVERED SOURCE PERMIT;NOR 0008-02-N Issuance Date: December 15, 200. 9. ration fate: December 14, 2014 In accordance with the Hawaii Administrative Rules,Tlffe it, Chapter 60-1'Air Pollution Control, the per rrtiftee shafl report t'the Department of Heath the following information semi-annually: (Make copies for future use) For Period: Date: Facility Name: Equipment Location: Equipment Description: Equipment Capacity/Rating (specify units): (Units such as Horsepower, kilowatt, tons/hour, etc.) Serial/ID No.: I certify that I have knowledge of the facts herein set forth,that the same are true,accurate,and complete to the best of my knowledge and belief,and that all information not identified by me as confidential in nature shall be treated by the Department of Health as public record. Responsible Official (PRINT): TITLE: Responsible Official (Signature): MONTH DRILLING RIG NO.2 DRILLING RIG HO.Z NOTES OPERATING HOURS OPERATING HOURS MONTHLY BASIS ROLLING 12-MONTH BASIS (FIRS)_ (HRS) January February March April May June July August September October November December MONITORING/ANNUAL EMISSIONS REPORT FORM FUEL CONSUMPTION NONCOVERED`SOURCE PERMIT:;,NO. 0008-02-N Issuance Date: December 15, 2009 Expiration Date': December 14, 2014 In accordance with the Hawaii Administrative Rules,Title 11, Chapter 60.1, Air Pollution Control, the permittee shall report to the Department of Health the following information semi-annually: (Make copies for future use) For Period: Date: Facility Name: Equipment Location: Equipment Description: Equipment Capacity/Rating (specify units): (Units such as Horsepower, kilowatt, tons/hour, etc.) Serial/ID No.: I certify that I have knowledge of the facts herein set forth,that the same are true,accurate, and complete to the best of my knowledge and belief,and that all information not identified by me as confidential in nature shall be treated by the Department of Health as public record. Responsible Official (PRINT): TITLE: Responsible Official (Signature): MONTH FUEL ONSUB CONSUMPTION FUEL CONSUMPTION NOTES ROLLING'I2-MONTH BASIS (GALLONS) (GALLONS) January February March April May June July August September October November December Suzanne Wakelin Malama Ki Place, Pahoa, HI 96778 October 2nd, 2012 Aloha Council Members, I live within one mile of PGV and have been extremely disturbed by the geothermal drilling that went on almost 24/7 from March to July 2012. The noise would keep me awake at night, disturbing the sleep of our household and raising our stress levels. The low frequency noise of drilling is particularly troublesome as it travels far with little attenuation and although it is at the low end of the audible spectrum (and therefore is has low weighting in the dBA measurement) it causes severe physical and psychological discomfort. I understand that any drilling operator should want to reduce their costs but they should not be allowed to do so by continual drilling at the detriment of the community. We know that PGV as well as other future geothermal developers will be drilling again. I very much appreciate your help to protect us from this problem. All of the rules by which the geothermal operators are supposed to be governed by indicate that the community well-being is important however it seems that Hawaii County Planning Commission, who issue the Geothermal Resource Permit(GRP) is not properly enforcing those protections and we need you to pass Bill 292 so that we get the protection that we are rightly due. Below are listed at least SEVEN reasons why we need Bill 292 to prevent night-time geothermal drilling close to where people live: 1. The noise of drilling is awful, cruel and unusual punishment. Nobody should be subjected to the sound of drilling in their home 24 hours a day for months at a time. 2. The conditions of the Geothermal Resource Permit(GRP-2) [1] issued by County of Hawaii Planning Commission to PGV on 2/6/2001 are not being met on multiple counts: a) Best Available Control Technology (BACT) must be employed for noise emissions to all aspects of the project to minimize noise [1], which means that noise reduction measures must be implemented unless the facility substantially complies with residential noise standards. Residential noise standards are defined as 55dBA daytime and 45dBA at night. Even with the additional average exceedances detailed in the permit, the night time violation of this condition for example for the month of April 2012 (during drilling) is 89% and for April 2011 is 27% calculated from PGV measurement data. b) The description provided by PGV to CoH Planning in 1989 [2] in application for amendment to the GRP addresses the requirement for description of impacts to public health and safety by saying that drilling noise levels at residential receptors are predicted to range between 45-51 dBA from wellpads B, E & F and "All other well drilling noise levels were expected to be less than 45 dBA at the nearest resident receptors. " PGV measurement data shows that they have significantly underestimated these noise levels. Bill 292 PublicTestimony 1 of 3 c) DoH regulations [3] adopted in 1996 apply to allow the permittee to emit up to 70dBA, 24 hours per day because it is located in agriculturally zoned land. On issuing the GRP- 2 permit, Hawaii County Planning Commission wrote "This is unreasonably loud and the Planning Commission believes that nearby residents are justified in seeking a stricter standard. It is also understandable that they did not expect that noise standards would be so drastically relaxed, after the permittee made representations that the noise levels would not exceed 55/45 dBA."[1] d) The Geothermal Resource Permit(GRP-2) issued by Hawaii County Planning Commission on 2/6/2001 is granted such that"The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio- economic effects on residents or the surrounding property" (Rule 11-8) [1] 3. The County of Hawai'i and UH published two in-depth studies specifically to address noise from geothermal activities in Hawai'i: "Potential Noise Issues with Geothermal Development in Hawaii" John Burgess, University of Hawai'i, 1980. [4] This study examined expected noise levels for construction and(normal and upset) operations at HGP-A, including climate, weather patterns &topography and makes approximate predictions of sound propagation and attenuation based on noise characteristics and environmental conditions. The report developed expected response of community to noise and expectation of"annoyance levels" due to noise levels based on local population density and location. It was identified that although no current (1980) legal limits to noise emissions from operations of the HGP-A,Hawaii County has the statutory authority to develop and enforce_ noise regulations The subsequent study "Geothermal Noise Level Guidelines" [5] carried out for the County of Hawai'i Planning Department in 1981 refers to UH 1980 Burgess study. It was the Hawai'i County response to complaints received from residents of the Puna District concerning geothermal drilling operations. Based on this, the Planning Department developed guidelines to determine acceptable noise levels for both geothermal exploration and production. The acceptable noise levels for geothermal development are as follows: That a general noise level of 55 dBA during daytime and 45 dBA at night not be exceeded. For the purposes of these guidelines, night is defined as the hours between 7:00 p.m. and 7:00 a.m. Despite these recommendations, Hawai'i County has as far as we are aware, not implemented any except for the condition for BACT in the GRP-2, which has considerable leeway in the permitted "exceedances". 4. The Plan of Operation Approval [6] on 1/13/2006 from the Board of Land and Natural Resources (BLNR) is subject to the condition: ..."That Puna Geothermal Venture comply with all applicable statutes, ordinances, rules and regulations of the Federal, State, and County governments" 5. The Department of Land and Natural Resources (DLNR) Rule 13-7 Chapter 183 Rules on leasing and drilling of geothermal resources [7], §13-183-87 Drilling: "Protection of the environment includes responsibility of the operator of any well to comply with all applicable federal, state, and local standards with respect to air, land, water, and noise pollution, and the disposal of liquid, solid, and gaseous effluent. " Bill 292 PublicTestimony 2 of 3 6. Hawaii DoH Environmental Management Division,Non-covered Source Permit 0008-02-N [8] issued 12/15/2009 Attachment I, Standard Conditions: "...(6) This permit does not release the permittee from compliance with other applicable statutes of the State of Hawaii, or with applicable local laws, regulations, or ordinances" 7. Hawai'i Department of Health Administrative Rules [3] - Title 11, Chapter 46 Community Noise Control provides the State noise level rules that the GRP-2 permit refers to: §11-46-4 Maximum permissible noise levels on C zoned areas is 70dBA, during both day or night However, it also states: §11-46-13 Other ordinances and rules: The council of any county may adopt and provide for the enforcement of ordinances regulating any matter relating to excessive noise. No ordinance shall be held invalid on the ground that it covers any subject or rule of the State; provided that in any case of conflict between the statute or rule and ordinance, the law which affords the most protection to the public shall apply. Based on the statements made in the referenced permits and documents, it is evident that the other permitting agencies (DoH, BLNR/DLNR) require the permittee to comply with County of Hawai'i rules and ordinances, both within the GRP as well as any additional rules that the County may provide for the protection of the public. References [1] Geothermal Resource Permit(GRP-2)issued by Hawai'i Couny Planning Commission,2001 See attached file [2] Application Amendment for the Puna Geothermal Project, 1989 http://scholarspace.manoa.hawaii.edu/handle/10524/23421 [3] Hawai'i Administrative Rules,Chapter 46,Community Noise Control http://gen.doh.hawaii.gov/sites/har/AdmRules1/11-46.pdf [4] "Potential Noise Issues with Geothermal Development in Hawai'i"John Burgess,University of Hawaii, 1980 http://scholarspace.manoa.hawaii.edu/bitstream/handle/10125/21521/6246293.pdf?sequence=1 [5] "Geothermal Noise Level Guidelines"County of Hawai'i Planning Department, 1981 http://www.gno.gov/fdsys/pkg/CZ1C-gb1199-7-h3-g46-198 1/html/CZ1C-gb1199-7-h3-g46-1981.htm [6] PGV Plan Operation Approval issued by BLNR/DLNR,2006 See attached file [7] Department of Land and Natural Resources Rule 13-7 Chapter 183 Rules on leasing and drilling of geothermal resources http://hawaii.gov/dlnr/land/administrative-rules/CHAP 183.pdf [8] Hawai'i DoH PGV Noncovered Source Permit,2009,Attachment 1, Standard Conditions See attached file Mahalo for your support in this matter, Sincerely, Suzanne Wakelin Bill 292 PublicTestimony 3 of 3