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SB2099
THE SENATE
S.B. NO.
2099
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to solid waste pollution
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that the State
is committed to protecting
its
air
quality and preventing toxic contamination of the local food supply.
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The legislature further finds that timely review and
updating of regulations governing emissions from
trash
combustion
facilit
ies to reflect
advances in technology and health science
is essential
in protecting the State's natural resources and the
health and safety of its residents.
�
The
legislature also finds that currently, federal regulations issued by the United
States Environmental Protection Agency (EPA), namely the New Source Performance
Standards (NSPS) and emission guidelines, serve as the operative federal
regulatory baseline for emissions from large municipal solid waste combustor
plants.
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However, despite expectations
that these standards would be reviewed and updated by the EPA every five years,
they have not been updated since their adoption in 2006.
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In January 2024, the EPA published a proposed
rule revising the existing performance and emission guidelines for large
municipal waste combustors; however, the process of finalizing these updated
standards has been stalled.
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Due to the
lack of federal regulation updates, other states have been adopting more
stringent requirements compared to the baseline 2006 federal standards.
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The legislature further finds that H-POWER,
the State's sole trash incinerator, operates three incineration units, two of
which started operating in 1989.
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These older
units lack two of the four common pollution control systems commonly used at
modern incineration facilities--one to reduce emissions of nitrogen oxides that
trigger asthma attacks, and another to capture and remove highly toxic
pollutants such as dioxins and mercury from emissions.
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It is therefore imperative that the State take
action to adopt updated, more stringent emission standards for large municipal
trash incinerators to ensure critical environmental and health protections.
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Accordingly, the purpose of this Act is to
require any large municipal waste combustor plant in the State to operate in
compliance with the United States Environmental Protection Agency's proposed
regulations regarding performance and emission standards for large municipal
waste combustors.
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SECTION 2.
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Chapter 342H, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:
and
to read as follows:
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"
�342H-
�
Large municipal waste combustor
plant
s;
performance
and
emission standards
; rules
.
�
(a)
�
No later than December 31,
2027, the department shall adopt rules pursuant to chapter 91, setting forth
performance and emission standards for
large
municipal waste combustor
plants
operating within the State
; provided that the
standards shall be in compliance with the proposed rule published on January
23, 2024,
89 Federal Register 4243, et seq.
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(b)
�
Beginning
January 1, 2028, any
large municipal waste combustor
plant operating within the State shall comply with
the rules adopted pursuant to section (a).
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(c)
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For the purposes of this section
:
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"
L
arge municipal waste combustor
plant
" means
a plant consisting of one or more municipal waste
combustor units located at the same site, with an aggregate capacity greater
than two hundred fifty tons per day of solid waste.
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"Municipal waste combustor" means any
setting or equipment that combusts solid, liquid, or gasified municipal solid
waste, including incinerators, boilers, furnaces, and pyrolysis or combustion
units
.
"
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH;
Large Municipal Waste Combustors; Incinerators; Environmental Protection; Performance
and Emission Standards; Rules
Description:
Requires the
Department of Health to adopt by 12/31/2027, rules setting forth performance
and emission standards for large municipal waste combustor plants operating
within the State, in compliance with proposed federal rules.
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Beginning 1/1/2028, requires
large
municipal waste combustor plant
s
operating within the State
to comply with
the rules
.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.