HF 3027

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:57am

A bill for an act
relating to solid waste; amending mercury testing requirements for certain new
incinerator units; amending Minnesota Statutes 2008, section 116.85, subdivision
1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 116.85, subdivision 1a, is amended to read:

Subd. 1a.

Mercury testing.

(a) Notwithstanding any other law to the contrary, a
facility holding an incinerator permit that contains emission limits for mercury must, as a
condition of the permit, conduct periodic stack testing for mercury as described by this
subdivision. Hospital waste incinerators having a design capacity of less than 3,000,000
BTU's per hour may use mercury segregation practices as an alternative to stack testing if
allowed by applicable federal requirements, with the approval of the commissioner.

(b) A facility shall conduct stack testing for mercury at intervals not to exceed
three months. An incinerator facility burning greater than 30 percent by weight of
refuse-derived fuel must conduct periodic stack testing for mercury at intervals not to
exceed 12 months unless a previous test showed a permit exceedence after which the
agency may require quarterly testing until permit requirements are satisfied. With the
approval of the commissioner, an incinerator facility may use methods other than stack
testing for determining mercury in air emissions.

(c) After demonstrating that mercury emissions have been below 50 percent of
the facility's permitted mercury limit for three consecutive years, as tested under the
conditions of paragraph (b), an incinerator facility may choose to conduct stack testing
once every three years or according to applicable federal requirements, whichever is more
stringent. The facility shall notify the commissioner of its alternative mercury testing
schedule, and the commissioner shall include operating conditions in the facility's permit
that ensure that the facility will continue to emit mercury emissions less than 50 percent of
the applicable standard.

(d) new text begin The provisions of paragraph (c) allowing for less frequent stack testing for
mercury apply to a new unit constructed at a facility that has previously met the
requirements of paragraph (c), provided that the new unit demonstrates, as tested under
the conditions of paragraph (b), that mercury emissions have been below 50 percent of the
new unit's permitted mercury limit for one year.
new text end

new text begin (e) new text end If a test conducted under the provisions of paragraph (c) shows mercury
emissions greater than 50 percent of the facility's permitted mercury limit, the facility
shall conduct annual mercury stack sampling until emissions are below 50 percent of the
facility's permitted mercury limit. Once the facility demonstrates that mercury emissions
are again below 50 percent of the facility's permitted mercury limit, the facility may
resume testing every three years or according to federal requirements, whichever is more
stringent, upon notifying the commissioner.

deleted text begin (e) deleted text end new text begin (f) new text end In amending, modifying, or reissuing a facility's air emissions permit which
contains a provision that restricts mercury emissions from the facility the commissioner
shall, at a minimum, continue that permit restriction at the same level unless the applicant
demonstrates that no good cause exists to do so.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end