HCR3, or House Concurrent Resolution 3, was introduced during the Thirty-second Legislature of 2023 in Hawaii. The resolution requests the Department of Health to adopt rules for issuing permits that govern the discharge of pollutants into navigable waters. This initiative falls under the framework of the Clean Water Act and seeks to clarify how the Department identifies the 'functional equivalent of a direct discharge' stemming from point or nonpoint sources. The resolution aims to harmonize state regulations with recent judicial interpretations and EPA guidelines to ensure environmental protections are robust and effective.
The resolution emphasizes the Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund, which mandates that permits are necessary whenever pollutants traceable to a point source travel to navigable waters in a manner that could be deemed a functional equivalent of direct discharge. This ruling highlights the complexities of monitoring and regulating pollution, as factors such as travel time, distance, and material composition of the discharge path must be assessed. As such, HCR3 seeks to guide the Department in establishing comprehensive and scientifically grounded rules.
One of the notable impacts of HCR3 is its intention to preserve state authority over groundwater and non-point source pollution regulations. Stakeholders, such as the Hawaii State Association of Counties, support the resolution as it reflects a proactive approach to environmental management. However, it may also face scrutiny from groups concerned about the regulatory burden on businesses and the potential impacts on local governance related to pollution control.
The discussion around HCR3 indicates that while it aligns with federal expectations to regulate water pollution, it serves as a platform for dialogue about the proper application of state laws concerning environmental protection. Legislators aim to balance maintaining rigorous pollution standards with the economic realities of managing businesses and local interests. HCR3 positions Hawaii as a leader in environmental governance, striving to establish clear regulatory frameworks that manage water quality effectively.