Red Hill Updates with Action Alert!
By Anna Chua & Wayne Tanaka | Reading Time: 6 minutes
ACTION ALERT:
SUBMIT WRITTEN TESTIMONY that expresses your concern to the Red Hill Fuel Tank Advisory Committee, regarding the need to get these fuel tanks away from our water supply.
Written testimony can be submitted to Thu Perry at thu.perry@doh.hawaii.gov by November 21, 2021. Head to this webpage for a fact sheet with talking points!
Read on for important updates on this vital campaign:
October was a whirlwind of a month in the Red Hill world!
From a whistleblower’s exposé of the Navy covering up an active fuel leak in Puʻuloa (Pearl Harbor), to our lawsuit against the Department of Health (again), to the robust, inspiring testimonies at the Red Hill Fuel Tank Advisory Committee meeting, we are reminded every day how important this fight to protect our water is. We won’t stop until the tanks are gone, and our aquifer is safe!
Whistleblower e-mails
In early October, Honolulu Civil Beat published an article describing e-mails from a Navy whistleblower, indicating that Navy officials may have intentionally kept quiet about a leak of over 7,000 gallons of fuel from Red Hill into Puʻuloa during our contested case hearing, and throughout most of 2021.
In July, the Navy finally confirmed its knowledge of a prolonged fuel leak into Puʻuloa, which originally began in 2020. However, the whistleblower e-mails demonstrated that the Navy should have known about this leak much, much earlier. Two failed pipeline tests and a contractor’s assessment in January and early February all but confirmed the existence of an “active leak” into the nearshore waters of Puʻuloa, originating from pipes connected to the Red Hill facility. In a February 4th e-mail, a Navy captain expressed concern that a “relatively significant amount” of fuel was being released into Puʻuloa every day. Meanwhile, a Navy witness in our contested case hearing in February failed to admit any knowledge of any release of fuel from Red Hill into the environment, other than the 2014 incident; the Navy only revealed the “active leak” after the Department of Health issued it a letter in June, highlighting evidence confirming its existence.
Why did the Navy wait so long to reveal what it all but knew? Tellingly, a Navy captain’s earlier e-mail in January expressed concerns regarding the “optics” of an active leak, and its potential impact on the then-pending contested case hearing regarding the Navy’s Red Hill fuel tank permit application. That Navy officials would choose “optics” over timely public disclosure, and the public interest, is both disappointing and hugely concerning, to say the least.
Contested case hearing extended
Shortly after Civil Beat’s report on the whistleblower e-mails, the Department of Health’s Environmental Health Administration requested an extension of the contested case hearing over the Navy’s Red Hill permit application. The extension, which was granted for all parties, is intended to allow for the filing of a motion to reopen the contested case hearing, given newfound information and allegations that “the full extent of the underground storage tank system infrastructure including pipelines may not have been disclosed as part of the application and proceedings, and that information regarding corrosion history may not have been disclosed.” In other words -- what else could the Navy have been hiding, that should be considered in the issuance of a permit for Red Hill?
We will continue to update you on the status of the contested case hearing, including whether and to what extent it will be reopened to consider further evidence.
The public’s right to know
The Navy’s July admission that an active fuel leak existed in Puʻuloa eventually led the Sierra Club to file an open records request to the Department of Health to attain all records, documents, and e-mails in relation to the leak. In addition to informing the contested case hearing, and in light of the most recent whistleblower’s revelation, these records, document, and e-mails may be invaluable to the public’s understanding of just how much of a risk we may be taking, in placing the fate of our drinking water supply in the Navy’s hands. See our Litigation Station article for more information on our efforts to obtain this critical information.
Meanwhile, state legislators -- including 11 representatives and 1 senator -- have signed onto a letter to Navy Captain Darren Guenther, requesting an independent investigation into the causes and extent of the leak, and the possibility that Navy officials may have misled state regulators and the public regarding the release of fuel into Puʻuloa.
May 2021 leak
In late October, the Navy released the results of its investigation into the Red Hill spill on May 6, 2021, concluding that it was a result of a control room operator’s failure to follow complicated fuel transfer procedures. Navy officials stated that the leak was not due to “age of infrastructure, corrosion or the equipment condition,” but human error.
The spill, which reportedly leaked over 1,600 gallons of fuel, occurred when improper valve sequencing led to an explosive change in pressure that blew pipes off their couplings, and caused one pipeline to smash into and damage adjacent fixtures. Operator error was not the only factor contributing to the spill: according to the Navy’s investigation, pressure alarms did not sound, improper valves were in use, and “temporary” pipes were not properly secured.
While the Navy repeatedly uses superficial reassurances to quell our fears, the conclusions from this leak only further prove what we already know: they simply cannot anticipate everything that can go wrong, especially and in particular human error. Lest we forget, the Navy’s own risk assessment concludes that the tanks have a 96% chance of leaking up to 30,000 gallons over the next decade. If the system to keep the Red Hill facility and our water supply safe is as complex as Navy officials describe it to be, then future mishaps are all but inevitable -- even if these 80-year-old, rusting tanks are as physically sound as the Navy claims. Combining high risks of human error and system failure on top of antiquated infrastructure is a catastrophe waiting to happen.
Department of Health notice of violation
This was not a good month for the Navy. On top of everything else, the day after the Navy released its redacted investigation reports from the May 2021 incident, the Department of Health issued it a notice of violation from a routine site inspection that took place at the Red Hill facility in September and October of 2020. The notice alleges five violations of Department of Health requirements relating to the facility’s operations and maintenance, requires corrective action, and imposes a total penalty of $325,182 in total fines.
Yet again, the Navy’s failure to pass even a routine site inspection -- while a contested case hearing was pending, and when it should have been on its best behavior -- only underscores the inadequacy of its assurances that it can somehow protect us from everything that can go wrong, and that we have nothing to worry about.
Red Hill Advisory Committee meeting
On the morning of Thursday, October 28th, in a sign of the growing public frustration and concern regarding the Red Hill facility, almost 190 community members virtually attended the Red Hill Fuel Tank Advisory Committee meeting that took place on Zoom from 9 a.m. to 12 p.m.! Key parties including the Navy, Environmental Protection Agency, and Department of Health provided updates on the May 2021 leak, a double-wall equivalency solution study, and progress made on the Administrative Order on Consent. Committee members included strong advocates like the Board of Water Supply’s manager and chief engineer Ernest Lau, as well as concerned community representatives, Dr. Melanie Lau and Ashley Nishihara – all of whom asked pointed questions that pierced the veil of the Navy officials’ hollow assurances and feigned concern. We are working on summarizing the Committee meeting to highlight important updates and questions raised, as well as powerful testimonies from the community.
If you were not able to attend or if you attended but didn’t testify, you still have a chance to voice your comments and questions! Written testimony can be submitted to Thu Perry at thu.perry@doh.hawaii.gov by November 21, 2021. Head to our Red Hill webpage for a fact sheet with talking points!
In Case You Missed It (ICYMI):
The Navy covered up an active leak for months!
Red Hill Community Webinar on Oct 26! Watch a livestream recording of it here.