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:
SECTION 1. The legislature finds that the State is committed to protecting its air quality and preventing toxic contamination of the local food supply. The legislature further finds that timely review and updating of regulations governing emissions from trash combustion facilities 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. 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. 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. Due to the lack of federal regulation updates, other states have been adopting more stringent requirements compared to the baseline 2006 federal standards.
The legislature further finds that H-POWER, the State's sole trash incinerator, operates three incineration units, two of which started operating in 1989. 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. 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.
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.
SECTION 2. 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:
"[Underlined: §342H- ] [Underlined: Large municipal waste combustor][Underlined: plant][Underlined: s; ][Underlined: performance and ][Underlined: emission standards][Underlined: ; rules][Underlined: .] [Underlined: (a) ][Underlined: No later than December 31, 2027, the department shall adopt rules pursuant to chapter 91, setting forth performance and emission standards for ][Underlined: large municipal waste combustor][Underlined: plants][Underlined: operating within the State][Underlined: ; provided that the standards shall be in compliance with the proposed rule published on January 23, 2024, ][Underlined: 89 Federal Register 4243, et seq.][Underlined: ]
[Underlined: (b) Beginning January 1, 2028, any ][Underlined: large municipal waste combustor ][Underlined: plant operating within the State shall comply with the rules adopted pursuant to section (a).][Underlined: ]
[Underlined: (c) For the purposes of this section][Underlined: :]
[Underlined: "][Underlined: L][Underlined: arge municipal waste combustor][Underlined: plant][Underlined: " means ][Underlined: 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.]
[Underlined: "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][Underlined: .]"[Underlined: ]
SECTION 3. New statutory material is underscored.
SECTION 4. 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. Beginning 1/1/2028, requires large municipal waste combustor plants operating within the State to comply with the rules.
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