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Bill

SCR 202

URGING THE DEPARTMENT OF HEALTH TO ENSURE THE SAFE MANAGEMENT OF INCINERATOR ASH FROM WASTE INCINERATOR FACILITIES.

2025 Regular Session Introduced by Mike Gabbard

Urges Hawaii DOH to treat incinerator ash as solid waste under CH 342H, opposing ash recycling/reuse as unsafe, guiding disposal and protecting public health.

Referred to HHS/AEN.
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Bill Summary · SCR 202

SCR 202 — Summary

Purpose and Intent

SCR 202 is a concurrent resolution urging the Hawaii Department of Health (DOH) to ensure the safe management of incinerator ash from waste incineration facilities. The bill directs DOH to treat incinerator ash as solid waste and subject it to the control framework in part II of Hawaii Revised Statutes Chapter 342H. It also communicates that the City and County of Honolulu should not pursue “recycling” or reuse of incinerator ash as a protective or permissible approach to public health.

Key Provisions

  • Policy directive to DOH: The DOH should ensure the safe management of incinerator ash by classifying it as solid waste under the state’s solid waste laws (Chapter 342H, Part II).
  • Status of ash recycling/reuse: The resolution states that recycling or reusing ash is not protective of public health, may violate state law, and should not be pursued.
  • Notification to local government: The City and County of Honolulu are explicitly notified of the stance against ash recycling/reuse.
  • Duly transmitted copies: Certified copies of the Concurrent Resolution should be sent to the Governor, the Director of Health, the Chief Energy Officer of the Hawaii State Energy Office, and the Mayor of Honolulu.

Background and Context (as referenced in the bill)

  • Hawaii’s only waste incinerator facility is the Covanta Honolulu Resource Recovery Venture (H‑Power) in Campbell Industrial Park, Oahu, handling up to about 3,000 tons of waste per day.
  • Incinerator ash is currently disposed of at the Waimanalo Gulch Landfill in Honokai Hale.
  • The bill notes concerns with current federal regulation: EPA toxicity tests (Toxicity Characteristic Leaching Procedure) emphasize groundwater risk and may not account for inhalation, ingestion, or dermal exposure, potentially classifying dangerous ash as non-hazardous.
  • There is concern that ash “recycling” facilities could increase public health and environmental risks by exposing workers and the public to ash, including dioxins, furans, and toxic metals (e.g., arsenic, cadmium, chromium, lead, mercury).

Affected Parties

  • Department of Health (DOH)
  • City and County of Honolulu (and its workers/contractors handling ash)
  • Incinerator operators (e.g., H‑Power)
  • General public living near ash handling/disposal sites

Procedural History and Timeline

  • Introduced: March 7, 2025
  • Referred to HHS/AEN: March 12, 2025
  • Status: Referred to House and Senate Health and Agriculture (HHS/AEN) committee(s)
  • Sponsor: Gabbard (primary)
  • Related: Companion SR 162

Potential Impact

  • Sets a clear state policy preference to regulate incinerator ash as solid waste under established statute.
  • Signals legislative opposition to recycling or reuse schemes for incinerator ash.
  • Could influence DOH rulemaking, enforcement, and agency guidance related to ash handling, transport, and disposal.

Compiled from official sources — confirm details with the bill’s official record.

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