EPA Finalizes Consent Order for Safe Defueling and Closure of Navy’s Red Hill Fuel Facility

EPA Finalizes Consent Order for Safe Defueling and Closure of Navy's Red Hill Fuel Facility

Final order addresses public concerns over defueling deadline, public participation, and other requirements

June 2, 2023

"Throughout the process, it has been an EPA priority to ensure communities affected by the releases at Joint Base Pearl Harbor-Hickam have had a seat at the table as we work together with the Department of Defense to develop solutions that best protect public health and our environment," said Deputy Administrator Janet McCabe. "Today's Consent Order reflects that engagement, and I am confident it will help ensure safe defueling and closure of the Red Hill Bulk Fuel Storage Facility and protection of the area's drinking water."

The Consent Order also includes provisions to ensure that the Navy properly operates and maintains the Joint Base's drinking water system to protect the health and safety of its consumers and the aquifer feeding the system. This is the latest step in EPA's work to oversee the Navy and DOD's response to the November 2021 fuel release at Red Hill and the process following the decision to close Red Hill.

"This Consent Order provides a critical tool for EPA oversight of the expeditious and safe defueling and closure of the Red Hill fuel storage facility and the drinking water system at Joint Base Pearl Harbor-Hickam," said EPA Pacific Southwest Regional Administrator Martha Guzman. "The order reflects our agency's commitment to ensuring that communities facing difficult and prolonged environmental challenges have an impactful voice at the table as EPA works to resolve them."

Under the Consent Order requirements, the Navy and DLA are required to:

• Receive EPA approval for defueling plan and supplements and follow the approved schedule for defueling within the plan.
• Update the Spill Prevention Control and Countermeasure Plan and receive approval from EPA on their Facility Response Plan prior to defueling.
• Conduct tightness testing of each fuel storage tank at Red Hill to actively diagnose the potential for leaks and proactively correct any defects until closure is complete.
• Conduct soil vapor testing for all fuel storage tanks at Red Hill to detect contaminated soils or groundwater.
• Develop a defueling preparedness report certifying that all repairs to Red Hill have been completed and plans have been established in preparation for defueling.
• Seek EPA approval on Phase 1 of the fuel facility closure, which includes cleaning and permanently closing the 20 underground storage tanks, pipelines, or surge tanks.

Phase 2 of the fuel facility closure will cover the remainder of closure activities, including remediation, and will be addressed under this 2023 Consent Order, the 2015 Red Hill Administrative Order on Consent or another EPA approved enforcement action.

​In addition to this Consent Order's defueling requirements the Navy will, under the Order, take steps to safeguard drinking water quality and maintain the drinking water system at the Joint Base. Actions include:

• Creating a source water protection plan to identify and implement protective measures for the Red Hill Shaft and all Joint Base drinking water system wells.
• Extending the regular flushing mandate of the Joint Base drinking water system to continue to eliminate any contamination, while optimizing the flow rate at Red Hill Shaft to reduce wasted water being discharged to Halawa Stream.
• Continuing sampling of residents, businesses, and schools to assure no residual contamination remains in the Joint Base drinking water system.
• Planning for infrastructure and financial needs to assess and secure resources necessary to make all needed upgrades to the Joint Base drinking water system.

EPA issued a proposed Consent Order and sought public comments from December 20, 2022, through February 6, 2023. During that period, EPA hosted two in-person public meetings in Honolulu on January 18 and 19 to provide the public with an opportunity to ask questions, share concerns, and seek greater insight into the defueling and closure process. EPA reviewed and considered over 1,700 submitted comments before issuing the final order. As a result of public comment, EPA made the following revisions in the final Consent Order:

• Requirements to meet the defueling deadlines and milestones in the Navy's modified Defueling Plan.
• Enhanced public involvement in decisions relating to defueling and closure of the Red Hill Tanks and impacts to drinking water.
  • This includes the formation of a Community Representation Initiative which will meet monthly with EPA, Navy, and DLA officials to receive updates and provide input into key decisions.
• A commitment to seek additional input from local technical experts, including the Honolulu Board of Water Supply, Hawai'iDepartment of Land and Natural Resources, and United States Geological Survey.
• An acknowledgement and commitment to incorporate the perspectives and insights of the cultural significance of the aquifer to Native Hawai'ians and Hawai'iresidents into the decision-making process.
• Additional reporting requirements for the Navy and DLA to notify the Community Representation Initiative of any spill that poses an emergency or immediate threat to human health and to require posting on Navy and DLA websites within twenty-four (24) hours.

Following the November 2021 contamination of the Joint Base's drinking water system, Hawai'i Department of Health (DOH) issued an emergency order on December 6, 2021, to the Navy that required the Navy to cease all operations at Red Hill and defuel and close the 20 underground storage tanks, surge tanks, and associated piping at Red Hill. DOH issued a superseding order on May 6, 2022. The actions required by the EPA Consent Order support DOH's emergency order and requires the Navy and DLA to minimize risks from the movement of fuel throughout the Red Hill facility during defueling and closure.

Read the Final 2023 Consent Order and Statement of Work on EPA's website.

Read about EPA's work at the Red Hill Bulk Fuel Storage Facility in Hawai'i.

Learn more about EPA's Pacific Southwest Region. Connect with us on Facebookand on Twitter.