,,ii #aaeth ,,congress #ast ,session ,s4 #dcg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjag ,mr4 ,schatz 7for himself and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to provide for environmental oversight and remediation activities at ,red ,hill ,bulk ,fuel ,storage ,facility4 #a4 ,short title ,this ,act may be cited as the ,red ,hill ,oversight and ,environmental ,protection ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,administrative ,order on ,consent_/,statement of work2 7,,aoc_/,,sow7 ,the terms ,administrative ,order on ,consent_/,statement of ,work and 7,,aoc_/,,sow7 mean a legally enforceable agreement between the ,united ,states ,department of the ,navy 7,navy71 the ,defense ,logistics ,agency 7,,dla71 the ,united ,states ,environmental ,protection ,agency 7,,epa71 ,region #i1 and the ,state of ,hawaii ,department of ,health 7,,doh7 that the parties voluntarily entered into on ,september #bh1 #bjae ,,epa ,,dkt ,,no4 ,,rcra #gjjc-,r#i-bjae-ja_/;,,doh ,,dkt ,,no4 #ae-,,ust-,,ea-#ja4 7#b7 ,congressional defense committees ,the term congressional defense committees has the meaning given the term in section #aja7;a77#af7 of title #aj1 ,united ,states ,code4 7#c7 ,facility ,the term facility means the ,red ,hill ,bulk ,fuel ,storage ,facility located on ,oahu1 ,hawaii4 #c4 ,findings ,congress makes the following findings3 7#a7 ,construction on the ,red ,hill ,bulk ,fuel ,storage ,facility began in secret in ,december #aidj4 7#b7 ,more than #c1ijj workers constructed the underground facility4 7#c7 ,construction of the facility continued nonstop except for the time of the attack on ,pearl ,harbor1 on ,december #g1 #aida4 ,the facility was completed in ,september #aidc1 nine months ahead of schedule4 7#d7 ,the facility was constructed underground in hollowed out volcanic rock to allow for maximum protection of the fuel supply4 7#e7 ,the facility's #bj steel tanks are encased by #b4e-d feet of concrete and surrounded by basalt bedrock4 7#f7 ,only #ah fuel tanks are currently operational4 7#g7 ,the facility is the largest single ,department of ,defense fuel storage facility in the ,pacific theater4 7#h7 ,the facility protects more than #bej1jjj1jjj gallons of fuel4 7#i7 ,the fuels stored are marine diesel1 ,f-#gf1 and two types of jet fuel3 ,,jp-#e and ,,jp-#h4 7#aj7 ,the fuel stored at the facility directly supports vessels and aircraft of-- 7,a7 the ,united ,states ,navy and ,air ,force in ,hawaii1 the ,pacific theater1 and around the world2 7,b7 the ,hawaii ,national ,guard2 7,c7 the ,united ,states ,coast ,guard2 and 7,d7 the ,national ,oceanic and ,atmospheric ,administration4 7#aa7 ,the facility allows the ,united ,states military to-- 7,a7 maintain a forward presence2 7,b7 build cooperation with partner nations1 including through the biannual ,rim of the ,pacific exercise2 7,c7 ensure maritime security2 and 7,d7 maintain regional stability4 7#ab7 ,military forward presence-- 7,a7 keeps sea lanes open2 and 7,b7 ensures the free flow of commerce to ,hawaii1 the continental ,united ,states1 and the ,indo-,asia-,pacific region4 7#ac7 ,in #aiia1 the facility was used as a transfer point for moving fuel from the continental ,united ,states to the ,persian ,gulf4 7#ad7 ,this transfer of fuel was done as part of the first ,gulf ,war4 7#ae7 ,the facility was declassified in #aiie4 7#af7 ,the facility is physically protected and cyber-hardened4 7#ag7 ,the facility can be operated entirely off the electric grid by using gravity flow to transport fuel from the facility to ,pearl ,harbor1 ,hickam ,airfield1 and a truck loading site4 7#ah7 ,the facility is located approximately #ajj feet above the basal groundwater table on the boundary of the ,waimalu and ,moanalua ,aquifer ,systems4 7#ai7 ,the ,waimalu and ,moanalua aquifers are sources of potable water and are potentially vulnerable to contamination from an unscheduled discharge of fuel from the facility4 7#bj7 ,the ,navy and the ,defense ,logistics ,agency have kept the drinking water safe through #gj years of operation4 7#ba7 ,the ,navy and the ,defense ,logistics ,agency are responsible for protecting the public from unscheduled fuel leaks that may pose a risk to the drinking water4 7#bb7 ,the facility has experienced unscheduled fuel leaks as evidenced by stains beneath several of the existing fuel tanks4 7#bc7 ,chronic releases of petroleum1 oils1 and lubricants have the potential to cause damage to ,oahu's drinking water supply4 7#bd7 ,historic records compiled by the ,navy in a #bjjh ground water protection plan indicated that there were more than #cj leaks dating back to #aidg4 7#be7 ,the #bjjh ground water protection plan suggested at least #agj1jjj gallons of fuel has leaked since the facility began operating4 7#bf7 ,in ,january #bjad1 the ,united ,states ,navy discovered a loss of fuel from ,tank #e and notified the ,environmental ,protection ,agency and the ,hawaii ,department of ,health 7,,doh74 7#bg7 ,the ,navy estimated the fuel loss at approximately #bg1jjj gallons4 7#bh7 ,following the ,january #bjad fuel release1 the ,,epa and ,,doh negotiated an enforceable agreement1 an ,administrative ,order on ,consent 7,,aoc71 with the ,navy and the ,,dla ,,epa ,,dkt ,,no4 ,,rcra #gjjc-,r#i-bjae-ja_/;,,doh ,,dkt ,,no4 #ae-,,ust-,,ea-#ja4 7#bi7 ,the order requires the ,navy and the ,,dla to take actions1 subject to ,,doh and ,,epa approval4 7#cj7 ,the order addresses fuel releases and implementable infrastructure improvements to protect human health and the environment4 7#ca7 ,the order includes a ,statement of ,work 7,,sow7 that lays out the specific tasks the ,navy and the ,,dla must implement4 7#cb7 ,the ,,sow consists of #h sections on overall project management3 7,a7 ,tank inspection4 7,b7 ,repair and maintenance4 7,c7 ,tank upgrade alternatives4 7,d7 ,release detection and tank tightness testing4 7,e7 ,corrosion and metal fatigue practices4 7,f7 ,investigation and remediation of releases4 7,g7 ,groundwater protection and evaluation4 7,h7 ,risk and vulnerability assessment4 7#cc7 ,each section includes deadlines for the ,navy and ,,dla to meet planned deliverables4 7#cd7 ,the ,fiscal ,year #bjah-bjai ,area ,cost ,factor for ,pearl ,harbor is #b4bf4 7#ce7 ,the ,area ,cost ,factor may impact decisionmaking for sustainment1 repair1 and maintenance priorities4 7#cf7 ,since the ,january #bjad fuel loss1 the ,navy has-- 7,a7 increased standards for contractor workmanship2 7,b7 increased government oversight2 7,c7 updated operator procedures2 7,d7 increased training2 7,e7 instituted new safeguards1 checks1 balances1 and alarm procedures2 and 7,f7 installed two additional groundwater monitoring wells4 7#cg7 ,the facility has #ab total groundwater monitoring sites4 #d4 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the facility is a national strategic asset that-- 7,a7 supports combatant commander theater security requirements2 7,b7 supports contingency operations2 7,c7 provides essential and timely support to the ,united ,states and allies' military mobilizations and disaster response efforts in the ,indo-,asia-,pacific and around the world2 and 7,d7 is routinely used to support normal transit of ,navy and ,air ,force movements in the region2 7#b7 the facility in its current form cannot be replicated anywhere else in the world2 7#c7 moving the fuel to another storage facility in the ,indo-,asia-,pacific would have implications for the ,united ,states military force structure in the ,state of ,hawaii and put at risk billions of dollars in annual economic activity that the ,armed ,forces bring to the ,state of ,hawaii2 7#d7 if the facility were closed1 the ,united ,states ,armed ,forces would be unable to support the ,national ,military ,strategy1 including the goals of the ,united ,states ,pacific ,commander1 and national security interests would be significantly undermined2 7#e7 constant vigilance is required to ensure that facility degradation and fuel leaks do not pose a threat to the people of ,hawaii1 especially the drinking water on ,oahu2 7#f7 despite its importance1 the facility continues to face long-term challenges without robust and consistent funding that provides the ,navy and ,,dla with the resources needed to improve the tanks and associated infrastructure2 7#g7 achieving the ,,aoc_/,,sow deliverables is a multiyear effort that will require sustained commitment from the ,department of ,defense and ,congress2 7#h7 the annual budget submissions of the ,department of ,defense and the ,environmental ,protection ,agency must adequately reflect the funding requirements necessary to meet the deliverables committed to under the ,,aoc_/,,sow2 7#i7 the ,department of ,defense must also include information about how future years budgets will support the near-term and long-term measures detailed in the reported schedule of work to prevent future fuel leaks2 and 7#aj7 for facility sustainment and maintenance1 ,pearl ,harbor has a high ,area ,cost ,factor 7,,acf71 and the ,department of ,defense should develop a strategy that fiscally accounts for that ,,acf4 #e4 ,budget submissions 7a7 ,department of defense 7#a7 ,annual budget justification ,the ,secretary of ,defense1 in consultation with the ,secretary of the ,navy1 shall ensure that the budget justification materials submitted to ,congress in support of ,department of ,defense budget for any fiscal year 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code7 includes a description of how the ,department will use funds to support any deliverables that the parties of the ,,aoc_/,,sow have identified as necessary to mitigate and prevent fuel leaks at the ,red ,hill ,bulk ,fuel ,storage ,facility on ,oahu1 ,hawaii4 7#b7 ,future years defense budget ,the ,secretary of ,defense1 in consultation with the ,secretary of the ,navy1 shall ensure that each future-years defense program submitted to ,congress under section #bba of title #aj1 ,united ,states ,code1 describes how the ,department will use funds to support any deliverables that the parties of the ,,aoc_/,,sow have identified as necessary to mitigate and prevent fuel leaks at the ,red ,hill ,bulk ,fuel ,storage ,facility on ,oahu1 ,hawaii1 in the period covered by the future-years defense program4 7b7 ,environmental protection agency ,the ,administrator of the ,environmental ,protection ,agency shall ensure that the budget justification materials submitted to ,congress in support of the budget for the ,agency for any fiscal year 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca7 includes a description of how the ,agency will use funds to support any deliverables that the parties of the ,,aoc_/,,sow have identified as necessary to mitigate and prevent fuel leaks at the ,red ,hill ,bulk ,fuel ,storage ,facility on ,oahu1 ,hawaii4 #f4 ,annual locality adjustment of dollar thresholds applicable to red hill 7a7 ,in general ,notwithstanding the dollar limitations in section #bhje of title #aj1 ,united ,states ,code1 the ,secretary of ,defense may obligate or expend1 from the amounts described in subsection 7b71 not more than #f1ghj1jjj to carry out an unspecified minor military construction project for the sustainment and maintenance of the ,red ,hill ,bulk ,fuel ,storage ,facility on ,oahu1 ,hawaii4 7b7 ,amounts ,the amounts described in this subsection are-- 7#a7 amounts authorized to be appropriated for the ,department of ,defense for operation and maintenance1 ,defense-wide1 for any of fiscal years #bjag through #bjcj2 and 7#b7 amounts authorized to be appropriated for the ,department of ,defense for military construction not otherwise authorized by law for any of fiscal years #bjag through #bjcj4 7c7 ,notification ,in accordance with section #bhje7;b7 of title #aj1 ,united ,states ,code1 the ,secretary shall submit to the congressional defense committees written notice of any decision to carry out an unspecified minor military construction project under subsection 7a74 ,the notice shall include-- 7#a7 the justification for the project2 and 7#b7 the estimated cost of the project4 7d7 ,sunset ,the authority to carry out a project under subsection 7a7 expires on ,september #cj1 #bjcj4