HB 256: Waste-to-energy Facility; Emissions; Standards; Air Pollution Control Permit

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is committed to maintaining the stringent environmental standards that govern the operations of waste-to-energy facilities and preventing any backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.

     Therefore, to protect against any weakening of applicable emission limits by the United States Environmental Protection Agency, the purpose of this Act is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024, unless the emission limits are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the department of health.

     SECTION 2.  An owner or operator of a waste-to-energy facility shall comply with the emission limitations of the following subparts of title 40 Code of Federal Regulations part 60 entitled "Standards of Performance for New Stationary Sources", as those subparts existed on December 31, 2024, which shall hereby be incorporated by reference, unless the emission limitations are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the department of health:

     (1)  Subpart A, "General Provisions";

     (2)  Subpart Cb, "Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994";

     (3)  Subpart Ea, "Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994";

     (4)  Subpart Eb, "Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996"; and

     (5)  Subpart AAAA, "Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001".

     SECTION 3.  This Act shall take effect on December 31, 2050, and shall be repealed on June 30, 2027.

Report Title:

Waste-to-energy Facility; Emissions; Standards; Air Pollution Control Permit

Description:

Requires an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations for emission limitations as they existed on 12/31/2024, unless emission limitations are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the Department of Health.  Sunsets 6/30/2027.  Effective 12/31/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is committed to maintaining the stringent environmental standards that govern the operations of waste-to-energy facilities and preventing any backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.

     Therefore, to protect against any weakening of applicable emission limits by the United States Environmental Protection Agency, the purpose of this Act is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024, unless the emission limits are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the department of health.

     SECTION 2.  An owner or operator of a waste-to-energy facility shall comply with the emission limitations of the following subparts of title 40 Code of Federal Regulations part 60 entitled "Standards of Performance for New Stationary Sources", as those subparts existed on December 31, 2024, which shall hereby be incorporated by reference, unless the emission limitations are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the department of health:

     (1)  Subpart A, "General Provisions";

     (2)  Subpart Cb, "Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994";

     (3)  Subpart Ea, "Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994";

     (4)  Subpart Eb, "Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996"; and

     (5)  Subpart AAAA, "Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001".

     SECTION 3.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2027.

Report Title:

Waste-to-energy Facility; Emissions; Standards; Air Pollution Control Permit

Description:

Requires an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations for emission limitations as they existed on December 31, 2024, unless emission limitations are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the Department of Health.  Sunsets 6/30/2027.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is committed to maintaining the stringent environmental standards that govern the operations of waste-to-energy facilities and preventing any backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.

     Therefore, to protect against any weakening of applicable emission limits by the United States Environmental Protection Agency, the purpose of this Act is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024, unless they are made more stringent.

     SECTION 2.  An owner or operator of a waste-to-energy facility shall comply with the emission limitations of the following subparts of title 40 Code of Federal Regulations part 60 entitled "Standards of Performance for New Stationary Sources", as those subparts existed on December 31, 2024, unless emission limitations are made more stringent, which are hereby incorporated by reference:

     (1)  Subpart A, "General Provisions";

     (2)  Subpart Cb, "Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994";

     (3)  Subpart Ea, "Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994";

     (4)  Subpart Eb, "Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996"; and

     (5)  Subpart AAAA, "Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001".

     SECTION 3.  This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2027.

Report Title:

Waste-to-energy Facility; Emissions; Standards

Description:

Requires an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations for emission limitations as they existed on December 31, 2024, unless emission limitations are made more stringent.  Sunsets 6/30/2027.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to environmental protection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State is committed to maintaining the stringent environmental standards that govern the operations of waste-to-energy facilities and committed to preventing any backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.

     Therefore, to protect against any weakening of applicable emission limits by the United States Environmental Protection Agency, the purpose of this Act is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024.

     SECTION 2.  An owner or operator of a waste-to-energy facility shall comply with the emission limitations of the following subparts of title 40 Code of Federal Regulations part 60 entitled "Standards of Performance for New Stationary Sources", as those subparts existed on December 31, 2024, which are hereby incorporated by reference:

     (1)  Subpart A, "General Provisions";

     (2)  Subpart Cb, "Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994";

     (3)  Subpart Ea, "Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994";

     (4)  Subpart Eb, "Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996"; and

     (5)  Subpart AAAA, "Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001".

     SECTION 3.  This Act shall take effect upon its approval and shall be repealed on June 30, 2027.

Report Title:

Waste-to-energy Facility; Emissions; Standards

Description:

Requires an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024.  Sunsets 6/30/2027.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1723

Honolulu, Hawaii

RE:    H.B. No. 256

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred H.B. No. 256, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations for emission limitations as they existed on December 31, 2024, unless the emission limits are made more stringent by federal regulations or by the state air pollution control permit issued to that owner or operator by the Department of Health.

     Your Committee received testimony in support of this measure from the Department of Health, Reworld, and one individual.

     Your Committee received comments on this measure from Climate Protectors Hawaiʻi.

     Your Committee finds that the Environmental Protection Agency recently announced a major deregulation initiative with plans to reconsider rules and policies that largely address climate change or aim to reduce pollution from the burning of fossil fuels.  The State is committed to maintaining stringent environmental standards that govern the operations of waste-to-energy facilities and preventing backsliding due to potential changes that may be proposed by the United States Environmental Protection Agency.  This measure will therefore help protect the State's environment and public health for current and future generations by preserving the existing environmental protections already in place in the event that less stringent federal regulations are subsequently enacted.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 256, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

STAND. COM. REP. NO. 1162

Honolulu, Hawaii

RE:    H.B. No. 256

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Agriculture and Environment, to which was referred H.B. No. 256, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

beg leave to report as follows:

     The purpose and intent of this measure is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations for emission limitations as they existed on December 31, 2024, unless emission limitations are made more stringent by federal regulations or by the state Air Pollution Control Permit issued to that owner or operator by the Department of Health.

     Your Committees received testimony in support of this measure from the Department of Health, Climate Protectors Hawaii, Environmental Caucus of the Democratic Party of Hawaiʻi, Reworld, and seven individuals.

     Your Committees received comments on this measure from the Energy Justice Network.

     Your Committees find that strengthening regulations for waste-to-energy facilities is crucial for safeguarding public health.  Your Committees further find that the State is committed to maintaining the State's stringent environmental standards that govern the operations of waste-to-energy facilities and preventing any backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.  This measure represents a vital step in protecting the State's environment and public health for current and future generations by maintaining robust environmental protections, even in the event of enactment of less stringent federal environmental regulations.

     Your Committees have amended this measure by inserting an effective date of December 31, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 256, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 256, H.D. 2, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Agriculture and Environment,

STAND. COM. REP. NO.  1050

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 256

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 256, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

     The purpose of this measure is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024, unless emission limitations are made more stringent.

     Your Committee received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawaiʻi; Reworld; and two individuals.  Your Committee received testimony in opposition to this measure from two individuals.  Your Committee received comments on this measure from the Department of Health; Kauaʻi Climate Action Coalition; Energy Justice Network; Climate Protectors Hawaiʻi; and three individuals.

     Your Committee finds that, while waste-to-energy facilities are responsible for diverting solid waste from municipal landfills and converting the waste to energy, those facilities are also responsible for producing a significant amount of harmful emissions.  Your Committee further finds that the existing political landscape on the federal level casts uncertainty over the regulation of emissions by the United States Environmental Protection Agency.  Specifically, there is a concern that regulations on emissions may either be relaxed or eliminated in their entirety.  This measure is intended to prevent any backsliding on existing emission limits by requiring waste-to-energy facilities to comply with United States Environmental Protection Agency regulations as they existed on December 31, 2024, unless the emission limits are made more stringent.

     However, your Committee recognizes that waste-to-energy facilities are, in some respects, subject to more stringent emission limits under the State's Air Pollution Control Permit issued by the Department of Health.  As such, there is some concern that this measure may be construed to inadvertently relax the requirements by which a waste-to-energy facility must abide by allowing the facility to ignore the more stringent state requirements and simply be in compliance with the federal requirements.

     Lastly, your Committee notes that some written testimony suggested that this measure be amended to adopt the United States Environmental Protection Agency's draft regulations as proposed in January 2024.  The United States Environmental Protection Agency reopened the comment period on these draft regulations with an end date of July 16, 2025.  The comment period provides the public an opportunity to participate in the rulemaking process.  During a comment period, significant issues may be identified by the public.  Consequently, your Committee notes that there are significant concerns that the adoption of draft regulations before any potential issues are identified in the comment period may subject the State to liability.

     Accordingly, your Committee has amended this measure by:

     (1)  Clarifying that waste-to-energy facilities are to comply with the more stringent emission limitations, whether under federal regulations or the state Air Pollution Control Permit issued by the Department of Health; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 256, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 256, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  766

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 256

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Energy & Environmental Protection, to which was referred H.B. No. 256 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

     The purpose of this measure is to require an owner or operator of a waste-to-energy facility to comply with certain United States Environmental Protection Agency regulations as they existed on December 31, 2024.

     Your Committee received testimony in support of this measure from the Department of Environmental Services of the City and County of Honolulu; Environmental Caucus of the Democratic Party of Hawaiʻi; Climate Protectors Hawaiʻi; Reworld; and two individuals.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of Health and two individuals.

     Your Committee finds that the State must ensure that environmental standards governing the operations of waste-to-energy facilities are upheld regardless of any potential backsliding on existing emission limits that may be proposed by the United States Environmental Protection Agency.

     Your Committee has amended this measure by:

     (1)  Clarifying that owners or operators of waste-to-energy facilities must comply with certain regulations for emission limitations as they existed on December 31, 2024, unless emission limitations are made more stringent;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 256, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 256, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,