SB 539: RELATING TO TOXIC CHEMICALS.

A BILL FOR AN ACT

relating to toxic chemicals.

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

     SECTION 1.  The legislature finds that certain state agencies, including the department of health, monitor the presence of environmentally toxic chemicals in water, soil, and air, and require remedial action if pollution levels exceed certain concentrations, often called environmental action levels or EALs.  When an EAL is exceeded, the person or entity responsible for the existence of the pollution is legally required to take remedial action to reduce the level of toxicity in the area under the person's or entity's control, so that the EAL is no longer exceeded.

     The legislature further finds that there are currently no procedural requirements or standards to establish EALs for various toxins that are monitored, or to raise or lower EALs for toxins and pollutants.  Previously, EALs have been raised by state agencies without public notice and without publication of the scientific justification, resulting in a relaxation of enforcement standards and a potential increase in pollution.

     The legislature further finds that some increases in local EALs have lacked scientific justification and that the increases are contrary to the EALs established and enforced by federal agencies and agencies of other states.  These increases may pose unreasonable risks to the environment and the residents of the State, and therefore it is necessary that any increases in EALs be scientifically justifiable and based on the severity of risks to human health and the environment, as well as the probability of adverse effects.  Procedures must be established to provide the public with advance notice and the opportunity to respond to proposed increases in EALs.  Moreover, these actions by Hawaii state agencies without adequate scientific basis and procedural safeguards may violate the guarantees of article XI, sections 1 and 7 of the Hawaii State Constitution.

     The legislature affirms that the public has a right to know all relevant information concerning environmental toxins and that state agencies charged with monitoring and remediating environmental toxins are responsible for ensuring that the public receives all relevant information about the presence of environmental toxins in a timely manner.

     The legislature also finds inconsistencies between EALs for per- and polyfluoroalkyl substances (PFAS), such as perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), established by state agencies and the maximum contaminant levels (MCLs) recently adopted by the United States Environmental Protection Agency (EPA) for PFAS.  For example, the local EAL for PFOS in drinking water is seventy parts per trillion (ppt), while the EPA's newly adopted MCL for PFOS is four ppt.  Similarly, the local EAL for PFOA is seventy ppt, while the EPA's newly adopted MCL for PFOA is four ppt.  These discrepancies highlight the need to align EALs established by state agencies with federal standards to ensure the protection of public health and the environment.

     Additionally, the local EALs for total petroleum hydrocarbons (TPH) in drinking water are as follows:

·         TPH-G (gasoline range organics): One hundred parts per billion (ppb);

·         TPH-D (diesel range organics): Two hundred sixty-six ppb; and

·         TPH-O (oil range organics): Five hundred ppb.

     However, it has been observed that individuals are experiencing symptoms at levels as low as thirty-five to forty ppb, indicating that existing local EALs may not be adequately protecting public health.

     The legislature also notes that the local EAL for lead in drinking water is fifteen ppb, which is consistent with the EPA's MCL for lead in drinking water, also set at fifteen ppb.  Furthermore, the legislature finds that the EALs established by state agencies for polycyclic aromatic hydrocarbons (PAHs) are consistent with EPA guidelines.  For example, the local EAL for benzo(a)pyrene in groundwater is 0.2 ppb, which aligns with the EPA's MCL for benzo(a)pyrene.

     The following table summarizes the comparisons between the EALs established by state agencies and the EPA's MCLs for various contaminants:

     This comparison highlights the need for alignment between state and federal standards to ensure the protection of public health and the environment.

     The legislature additionally finds that dioxins and furans are highly toxic environmental pollutants that belong to the group of persistent organic pollutants and are by-products of various industrial processes and combustion activities, such as waste incineration, chemical manufacturing, and the burning of fossil fuels and wood.  These compounds are known for their long-term persistence in the environment and their ability to bioaccumulate in the food chain, leading to significant health risks.

     The legislature notes that local EALs for dioxins and furans were established to guide the assessment and remediation of contaminated sites.  The most toxic dioxin:  2,3,7,8‑tetrachlorodibenzo-p-dioxin (TCDD), has an EAL of 0.00004 ppb in drinking water. 

     The EPA has also set guidelines for dioxins and furans.  The EPA's MCL for TCDD in drinking water is 0.00003 ppb.  These levels are designed to protect human health by limiting exposure to these highly toxic compounds.

     Accordingly, the purpose of this Act is to establish procedural and substantive requirements for the establishment and modification of environmental action levels by state agencies.

     SECTION 2.  (a)  Every state agency that monitors environmental toxins and pollutants shall establish environmental action levels or substantively similar triggering mechanisms that are consistent with the best practices and most recent scientific evidence relating to the preservation of a safe environment.

     (b)  No modification to any environmental action levels or similar triggering mechanism shall be made except after adequate advance notice to the public, which shall include the provision of all relevant scientific justifications for the proposed modification.  Any state agency proposing a modification shall comply with the requirements of chapter 91, Hawaii Revised Statutes, and allow not less than thirty days for the public to comment on the proposed modification, and conduct one or more public hearings where comments to the proposed action shall be received.

     SECTION 3.  Any resident of the State may petition an agency that has established environmental action levels or similar triggering mechanism for the modification of any established environmental action levels or similar triggering mechanisms.  The agency shall promptly respond to the petition in the manner provided by chapter 91, Hawaii Revised Statutes.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

EALs; Toxic Chemicals; Pollutants; Procedural Requirements; Public Notice

Description:

Requires state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment.  Prohibits modifications to EALs unless certain procedural requirements are met.  Establishes a process to allow any resident to petition for modifications to an established EAL.

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. 543

Honolulu, Hawaii

RE:    S.B. No. 539

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Government Operations, to which was referred S.B. No. 539 entitled:

"A BILL FOR AN ACT RELATING TO TOXIC CHEMICALS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require state agencies that monitor environmental toxins and pollutants to establish environmental action levels (EALs) to ensure the preservation of a safe environment;

     (2)  Prohibit modifications to EALs unless certain procedural requirements are met; and

     (3)  Establish a process to allow any resident to petition for modifications to an established EAL.

     Your Committees received testimony in support of this measure from Climate Protectors Hawaiʻi, Environmental Caucus of the Democratic Party of Hawaiʻi, and four individuals.

     Your Committees received comments on this measure from the Department of Health.

     Your Committees find that certain state agencies monitor the presence of environmentally toxic chemicals in the water, soil, and air, and require that remedial actions be taken if pollution levels exceed a level known as EAL.  Your Committees acknowledge that, while the use of EALs can be beneficial for monitoring and regulating environmental pollution, there is currently no standardized or formal process for the establishment or amendment of an EAL.  As a result, some state agencies that use EALs have been known to arbitrarily raise, or in some cases lower, an EAL without sufficient public notice or scientific justification.  Your Committees find that procedures must be established to provide the public with advance notice and opportunity regarding the establishment of EALs, and to require state agencies that use EALs to provide justification for their decisions.  Therefore, this measure addresses these issues by establishing procedural and substantive requirements for the establishment and revision of EALs by state agencies.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 539 and recommend that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Government Operations,