STAND. COM. REP. NO.  1743

Honolulu, Hawaii

                , 2009

RE:   H.C.R. No. 187

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.C.R. No. 187 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING A STUDY ON CONTROL MEASURES FOR VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT SPRAY BOOTHS USED BY AUTO BODY REFINISHERS,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request that the Department of Health (DOH) study the possible control measures to regulate volatile organic compounds (VOC)emissions resulting from paint spray booths used by auto body refinishers.

     The DOH is also requested to include the following considerations when conducting its study:

     (1)  All available information regarding alternatives to current materials, equipment, and techniques used by auto body refinishers;

     (2)  Regulations regarding VOC emissions and auto body refinishers adopted by other states;

     (3)  The "Interim Guidance Policy" published by the United States Environmental Protection Agency in September 2005, which set a direction for future VOC control;

     (4)  Current permitting procedures for buildings that house businesses related to auto body refinishing used by both the Honolulu Fire Department (HFD)and Department of Planning and Permitting of the City and County of Honolulu (DPP); and

     (5)  The feasibility of developing procedures that allow DPP and HFD to reevaluate permits issued to auto body refinishers based on complaints, including a reevaluation and reinvestigation of all related factors including ventilation and stack design;

     Furthermore, it is requested that this study include a consideration of the costs and benefits to the owners and operators of auto body refinishing businesses.

     Finally, the DOH is requested to submit a report of its findings and recommendations to the Legislature no later than 20 days prior to the convening of the Regular Session of 2010.

     Testimony in support of this concurrent resolution was submitted by the Department of Health, the Kauai Fire Department (KFD), the Honolulu Fire Department (HFD), the KFD and HFD on behalf of the State Fire Council (SFC), EnviroWatch, inc., and a concerned individual.

     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 concurs with the intent and purpose of H.C.R. No. 187 and recommends its adoption.

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

____________________________

ROBERT N. HERKES, Chair