RESOLUTION

WHEREAS, in 1976, the United States Congress enacted the Resource Conservation and Recovery Act (RCRA) to regulate the generation, transportation, and management of hazardous waste, and in 1984, Congress amended RCRA to include the Hazardous and Solid Waste Amendments; and

WHEREAS, under RCRA, hazardous wastes are considered solid wastes and are defined very broadly to include solids, sludge, liquids, or gases; and

WHEREAS, one of the materials excluded from the RCRA definition of hazardous wastes is agricultural wastes that are used as fertilizers, soil amendments, and liming materials (fertilizers); and

WHEREAS, the rates of environmental transport and plant uptake are currently unknown for these hazardous-waste- containing fertilizers, and some of these substances have been documented to be harmful to human health; and

WHEREAS, a 2000 Environmental Protection Agency (EPA) study showed that regulations for fertilizers should be revised because the EPA standards for hazardous wastes in fertilizers are applied inconsistently and allow exemptions for certain recycled zinc fertilizers with relatively high contaminant levels; and

WHEREAS, the EPA regulates contaminants in only a very small percentage of the fertilizers currently on the market (perhaps as little as one percent or less); thus, the EPA has encouraged states to independently regulate fertilizer contents, labeling, and classifications; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Department of Health is requested to convene a working group to develop recommendations for regulating hazardous wastes in fertilizers, soil amendments, and liming materials; and

BE IT FURTHER RESOLVED that the working group include a representative of the Department of Health, a representative of the Department of Agriculture, representatives from interested organizations, and other concerned individuals; and

BE IT FURTHER RESOLVED that the working group:

BE IT FURTHER RESOLVED that the Department of Health is requested to report the findings and conclusions of the working group, together with its recommendations for legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Health, and the Chairperson of the Board of Agriculture.

Report Title:

Hazardous Waste; Fertilizers, Soil Amendments, and Liming Materials; DOH