The only Oahu crematorium equipped to handle bodies of 300 pounds or more could be forced to close under terms of an air pollution control bill passed Monday by the Legislature, operators say.
Supporters of the measure, including community members who have long complained of the odor and sight of billowing smoke from the Oahu Cemetery in Nuuanu, say it is a long time in coming and a step toward bringing all such facilities into compliance with air quality standards.
House Bill 2656 requires all crematoriums operating without air pollution control permits and built before March 20, 1972, to submit permit applications to the state Department of Health by Dec. 31, 2013. Crematoriums built after 1972 already are required to submit the applications. Older facilities were exempted under a grandfather clause.
The Oahu Cemetery Association, the nonprofit corporation that owns the Nuuanu cemetery, says Oahu Cemetery’s crematorium includes three 100-year-old units that are unlikely to meet the standards and approvals needed to obtain the proper permits.
"We anticipate that OCA’s crematories will be unable to comply with the existing air quality standards," Nanette Napoleon, an association trustee, and Hal Lewis Jr., superintendent, said over the weekend in an email to House members. "Accordingly, the permits will be denied, and three of Oahu’s seven crematories — almost one-half of the island’s total crematory capacity — will be closed sometime in 2014."
The association is "actively pursuing" construction and installation of new units to bring the crematorium into compliance with clean air standards by no later than the end of 2018, the email said.
House members passed the bill by a 42-6 vote. The measure, previously approved by the Senate, now goes to Gov. Neil Abercrombie for consideration.
Rep. K. Mark Takai (D, Newtown-Pearl City) voted against the measure, saying that Oahu Cemetery provides services for the state government, including the John A. Burns School of Medicine, and is actively trying to upgrade its facilities.
"They want to comply with the clean air standards, but to require them to rebuild their crematory by the deadline and to be able to pass the permitting requirements is not possible by Dec. 31, 2013," Takai said. "We can’t afford to let these guys go out of business. It will be a public health crisis."
Oahu Cemetery performs about 200 cremations each month, about a third of which are for large bodies weighing more than 300 pounds.
"Upon the closure of OCA’s crematories there will be no facility on Oahu that will provide cremation services for such large bodies," Napoleon and Lewis stated. "Such an outcome would have an obvious, devastating impact on countless Oahu families."
The Department of Health supported the intent of the bill, saying it would provide a "more equitable regulatory playing field" and help ensure compliance through record keeping, monitoring and reporting.
Environmental groups and community members were among the strongest supporters, testifying in favor and submitting a petition with 140 signatures calling for the permit requirement "in the best interest of public health and for a cleaner environment."
Nuuanu resident Karen Lee said she first complained about the odor from the crematorium in 1988.
"We have undergone numerous bouts of strong fumes and odors," Lee said in written testimony on the bill. "We’re at the point my husband is having respiratory problems and difficulty breathing when emissions permeate our home."
Senators passed the bill unanimously earlier this month.
In committee, Senate Health Chairman John Green (D, Milolii-Waimea) and Senate Energy and Environmental Protection Chairman Mike Gabbard (D, Waikele-Ko Olina) pledged to assist the Oahu Cemetery Association and others with obtaining the proper permits.
Green said crematoriums have had since 1972 to bring facilities into compliance and that HB 2642 was needed to provide the proper incentive for operators to address the issue.
"We will light a fire under any bureaucrat that doesn’t get this permit in place in time for the crematorium," Green said Monday, adding that if crematorium operators continue to run into problems, the Legislature can revisit the issue next year.
"In the meantime," Green said, "it’s our intent to make sure that the Department of Health issues all the permits quickly so these guys can invest in upgrades and continue to provide good service to the people of Oahu."
