Red Hill: We can’t let history repeat itself
by Wayne Tanaka, Chapter Director | Reading time: 4.5 minutes
2023 began with a triumphant demonstration of community solidarity, with thousands of people — keiki, kūpuna, and ʻohana from all walks of life — commemorating the illegal (and U.S. Navy-supported) Overthrow of the Hawaiian Kingdom, in a massive ʻOnipaʻa march from the Royal Mausoleum to ʻIolani Palace. Music, speeches, and booths throughout the rest of the day highlighted the theme of “wai,” reminding attendees that our hopes for a just and better future depend upon the protection of our most precious resource.
However, the next two days would highlight the ever constant need to stay vigilant, to avoid the mistakes and missteps that have contributed significantly to the Red Hill water crisis we are facing today.
On January 18 and 19, the Environmental Protection Agency flew into Honolulu, to show off and take public questions on a “consent order” that they had negotiated with the U.S. Navy and Department of Defense. Although possibly well-intended, the consent decree’s major - and dangerous - shortcomings were quickly identified by the Board of Water Supply and the larger community - especially those who had lived through and witnessed how the toothless 2015 “Administrative Order on Consent” had shielded the Navy for years, without any meaningful deadlines or consequences for Navy inaction.
Notably lacking in the consent decree were any deadlines for any of the steps necessary for defueling; any provisions requiring the Navy to explore faster ways to defuel; any mention whatsoever of the PFAS “forever chemicals” that have been released on more than one occasion from the facility; any mention of the dire need for an on-island certified water testing laboratory; and any real concern for the tens of thousands of people on the Navy’s water lines, which the EPA found to be in apparent violation of myriad safe drinking water regulations, and which hundreds of people have indicated may still be contaminated.
With the Joint Task Force Red Hill promising that they are “on our side,” that they are just as concerned about the “safe and expedient” defueling of the Red Hill Facility as we are, and that ample funding is available, there is no reason why they or the EPA should object to provisions that provide for meaningful and expedited deadlines (which, if missed, can trigger a review and assessment of both the urgency of their actions, and any extenuating circumstances that might warrant keeping our island in jeopardy), greater public transparency, investments in PFAS-free fire fighting foam and on-island testing to keep us safe, and informed self-assessments of risk by the people, schools, child development centers, and businesses on the Navy’s water system.
Unfortunately, a rejection of these clear community demands notwithstanding the Navy’s stated commitments would not be new, or surprising:
We still do not have a copy of the investigation report of the most recent release of “forever chemicals” that was due to be completed weeks ago, much less the promised video of the incident.
A newly opened “Red Hill Clinic” was not actually open to all who were supposed to have been eligible, including active duty members and those who have moved off-island to escape water contamination and gaslighting; those who did try to access care had to spend hours making an appointment, and were not treated for chronic health conditions.
And most recently, the Navy has continued to ignore clear public sentiment - and common sense - by trying to focus public attention on the “beneficial reuse” of a decrepit and dangerous facility that must be disabled and remediated, not repackaged for continued operation - including under a future Pentagon and White House administration that may all too easily call for resumed fuel operations at Kapūkakī.
No commitments were made by the Navy or EPA during the EPA’s two day visit. It therefore remains to be seen whether the EPA or Navy will acknowledge and incorporate the concrete provisions in their consent order that the community has been demanding. However, a toothless consent decree, actions that bely verbal reassurances, and selective public engagements that result in no concrete actions would be far too reminiscent of the seven years of foot dragging the 2015 AOC afforded the Navy.
Fortunately, we can help prevent history from repeating. We must raise our voices, for the record, by submitting written comments to the EPA. You can still do so TODAY (February 6) by clicking here, if you have not already - and please ask your friends to do the same.
Red Hill bills at the legislature
The following bills relevant to Red Hill have been introduced at the legislature, with some already having had hearings! Be sure to sign up for action alerts on these and other important measures that may affect our ‘āina by visiting our CapitolWatch website at hawaiicapitolwatch.org
HB1177: Establishes duration, environmental, and other restrictions on public lands leased to the military.
SB521: Establishes a Surplus Military Land Task Force within the Office of Planning and Sustainable Development to plan for the remediation and restoration of lands currently under federal control that are anticipated to be returned to the State, consider potential alternative uses, and identify any lands that should continue under federal control for the next ten years.
SB620: Prohibits the Department of Land and Natural Resources from approving any land disposition to the United States military that allows for or facilitates any military training activities on the subject lands. Requires that any lease or lease extension between the State and the US Department of Defense or branches of the US military include certain provisions, including an acknowledgement that the State retains authority over all environmental matters within its jurisdiction. Provides that violation of state or federal environmental law, or any law, rule, or order on a matter affecting the health and safety of the State'‘s residents, shall be grounds for terminating the lease. Prohibits the State from leasing public lands to or extending the lease of the US Department of Defense or any branch of the US military if the department or branch is noncompliant with any environmental order, consent decree, or memoranda of agreement, or any law, rule, or order on a matter affecting residents'' health and safety. Requires Department of Land and Natural Resources to request that the military agree to remediation of existing leased lands prior to the end of the lease term.
HB319: Establishes the Red Hill water contamination health impacts program within the Department of Health to track the long-term impacts of the 2021 petroleum release from the Red Hill Bulk Fuel Storage Facility. Appropriates moneys. *Deferred by House Committees on Water and Land and Energy and Environmental Protection
HB546: Requires the Fuel Tank Advisory Committee to hold no fewer than 1 regular meeting in each quarter of a calendar year. *Passed out of the House Committees on Water and Land and Energy and Environmental Protection with amendments
HB1443: Amends the composition of the fuel tank advisory committee. Adds requirements for the committee as it carries out its duties.
HB1511: Appropriates funds as a grant-in-aid to the city and county of Honolulu board of water supply to plan, design, and construct seven monitoring wells and an exploratory well.
SB504: Beginning 12/31/2026, prohibits the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains perfluoroalkyl and polyfluoroalkyl substances.
HB748: Beginning 12/31/2026, prohibits the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains perfluoroalkyl and polyfluoroalkyl substances. *Passed out of the House Committee on Energy and Environmental Protection with amendments