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Board preliminarily approves pesticide rule changes to match EPA plan, authorizes public hearings
Summary
The Board of Agriculture voted to preliminarily approve amendments to HAR chapter 4‑66 to align state pesticide certification rules with the U.S. EPA‑approved state plan and recent state law changes, and authorized scheduling public hearings and appointing hearing officers.
The Hawaii Board of Agriculture voted unanimously to preliminarily approve proposed amendments to Hawaii Administrative Rules (HAR) chapter 4‑66 that update state pesticide certification rules to conform with the U.S. Environmental Protection Agency‑approved state plan and with changes enacted by the Legislature (Act 220 of 2023).
Greg Takashima, pesticides program manager, told the board the primary edits replace instances of “shall” with “must” to clarify mandatory requirements and align state language with the federal Code of Federal Regulations (CFR). The amendments also update maximum civil and criminal penalties under Hawaii Revised Statutes chapter 149A for commercial and private pesticide applicator violations. Takashima said the amendments were discussed with the Governor's Advisory Committee on Pesticides and that the branch had attached the advisory committee minutes to the submittal.
Speakers from the public included Clayton Kubo of Waimea, Kauai, who urged enforcement against repeat offenders and described family health impacts from pesticide drift. Board members asked about enforcement capacity and timing. Staff said the branch currently has one case‑prep staffer and is recruiting a second position and confirmed the branch will schedule hearings at times intended to encourage public participation (including afternoons and evenings). Staff estimated the full rulemaking process, including hearings, small business review and governor’s approval, could conclude in the fourth quarter of the year.
Board members stressed that the proposed penalty amounts are maximums and that the department retains discretion to set initial settlement amounts lower for first offenses; staff said initial notices are typically warnings and penalties are applied for repeat violations. The board authorized the chairperson to schedule public hearings and appoint hearing officers to begin the formal rulemaking process.
Why this matters: The updates reflect federal requirements and raise maximum penalties intended to increase deterrence against repeat pesticide violations. The public hearing process will allow stakeholders to submit comments before the rules are finalized.
