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September 12, 2003

Department of Health Enforces Clean Air Act

HONOLULU – The State Department of Health (DOH), Clean Air Branch, has issued Notices and Findings of Violations (NFVO) to Hawaiian Commercial and Sugar Company and Maui Electric Company, Ltd., for violations of state and federal air pollution control rules and regulations.

The NFVO for the Hawaiian Commercial and Sugar Company’s (HC&S) Puunene Mill alleges that the company operated a biomass boiler, since June 1975, without complying with the applicable federal New Source Performance Standards (NSPS), Subpart D. The noncompliance issue was identified and voluntarily reported to the DOH by HC&S after they reexamined the federal requirements for biomass boilers. The NFVO includes an order for compliance and a penalty of $1,977,700.

"The penalty in this case reflects primarily the economic benefit that the company realized over the years it burned cheaper fuel in the biomass boiler," said Laurence K. Lau, Deputy Director of Environmental Health. "The department must meet its enforcement obligations, but we considered the fact that HC&S brought the violation to our attention and promptly corrected the problem, before we set the penalty."

The NFVO for Maui Electric Company (MECO) alleges that the diesel engine generators, M12 and M13, at the Maalaea Electrical Generating Plant exceeded the visible emission permit limits many times during startup and shutdown operations from February 1999 to June 2000. The NFVO includes an order for compliance and a penalty of $1,563,000.

"The penalty in the MECO-Maalaea case is based on the number of violations and the length of time involved," said Lau. "While MECO is doing the right thing by keeping the department informed, working on the problem and reducing the number and extent of the visible emissions, the problem remains unresolved."

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For more information, contact:

Janice Okubo
Communications Director
Phone: (808) 586-4442
E-mail: jsokubo@health.state.hi.us

Laura M. Lott
Information Specialist
Phone: (808) 586-4418
E-mail: lmlott@health.state.hi.us