losure Drinking Water Goal: Define tank testing, repair, and containment requirements prior to defueling. EPA 2023 RED HILL CONSENT ORDER Public can comment through Feb 6, 2023 regulations.gov/commeriton/ EPA-R09-RCRA-2022-0970-0002 Defueling Goals: • Safeguard drinking water quality at the Red Hill shaft and all Joint Base Pearl Harbor-Hickam (JBPHH) well sites • Establish a long-term monitoring plan • Conduct comprehensive infrastructure assessments and improvements of the JBPHH Water System. Goal: Establish approval process and steps for safe closure of each tank as it comes out of service. ------- EPA Red Hill 2023 Consent Order Frequently Asked Questions What is the purpose of the proposed 2023 Consent Order? The proposed 2023 Consent Order creates a detailed roadmap for the work the Navy and the Defense Logistics Agency (DLA) must complete to safely defuel and close the Red Hill facility. The proposed order also contains requirements for necessary improvements to the operation and maintenance of the JBPHH drinking water system. The proposed Order will also improve transparency by requiring the Navy and DLA to provide quarterly updates to the public and post redacted versions of documents, submitted to EPA, on the Navy's Red Hill website. How does this order complement other oversight and enforcement efforts at Red Hill? The proposed 2023 Consent Order supports mandates underthe Hawai'i Department of Health's (DOH) May 2022 Emergency Order. The proposed Order will not impact ongoing work under EPA's 2015 Administrative Order on Consent (2015 AOC) between EPA, DOH, the Navy, and DLA. The 2015 AOC requires the Navy and DLA to investigate and remediate any releases from the Red Hill facility. In addition, the Navy and DLA must comply with federal environmental regulations for fuel storage facilities, such as the Spill Prevention Control and Countermeasure requirements for oil, underthe Clean Water Act. EPA also works closely to support the DOH in implementing state-led federal enforcement programs. These include the Underground Storage Tank Program, underthe Resource Conservation and Recovery Act, and the drinking water program, under the Safe Drinking Water Act. Does the proposed 2023 Consent Order address Aqueous Film Forming Foam (AFFF) or PFAS spills? No. The proposed 2023 Consent Order is focused on the fuel at the Red Hill facility. However, EPA, in coordination with DOH, has begun an investigation of the November 2022 AFFF release and may require the Navy to perform additional work to address AFFF or PFAS. Will the Navy be assessed penalties from EPA? EPA's top priority is the safe and timely defueling and closure of the Red Hill facility, protecting drinking water, and addressing any risk from past spills. The proposed 2023 Consent Order does not impact EPA's authority to seek penalties for violations of federal law, but there is no penalty included in the Order. In the Navy and/or DLA fail to comply with any requirement in the Order, including completing work on approved schedules, EPA may assess penalties against the Navy and DLA. How can I submit comments on the proposed 2023 Consent Order? Before determining whether and how to finalize the proposed Order, EPA is seeking written public comments through February 6, 2023 . During public meetings, EPA will not transcribe or include oral comments or questions in the record. As a result, they will not factor into the evaluation of the proposed 2023 Consent Order. Submit comments online here: www.regulations.gov/docket/EPA- R09-RCRA-2022-0970/. Learn more about EPA's Red Hill involvement: www.epa.gov/red-hill ------- |