Minnesota Legislature
HF 1907
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; specifying additional facilities that must comply with
state rules and federal regulations regarding hazardous substances; amending
Minnesota Statutes 2006, section 299K.08, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 299K.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 299K.08, subdivision 2, is amended to
read:
Subd. 2.
deleted text begin Hazardous chemical inventory reportingdeleted text end new text begin Additional facilitiesnew text end .
(a) In
addition to facilities specified in the federal act, facilities that are operated by employers
subject to the occupational health and safety provisions of sections 182.65 to 182.675new text begin , and
facilities that store substances on the hazardous substances list established under section
299K.087 in excess of the threshold amountnew text end shall comply with deleted text begin the hazardous chemical
inventory reportingdeleted text end new text begin all provisionsnew text end of the federal actnew text begin and sections 299K.01 to 299K.10new text end .
(b) This section is a designation of additional facilities under sections 11021 and
11022 of the federal act, and the legislative process meets the requirements for public
notice and opportunity to comment.
Sec. 2.
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[299K.085] HAZARDOUS CHEMICAL INVENTORY REPORTING.
new text end
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A facility subject to section 11022 of the federal act shall file an amended inventory
form within 30 days of either of the following events:
new text end
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(1) the maximum or average daily amount of a chemical present at the facility at any
time during the preceding calendar year, as reported on the most recent emergency and
hazardous chemical inventory form filed, increases by 100 percent or more; or
new text end
new text begin
(2) a new chemical required to be reported under section 11022 of the federal act but
which was not reported on the most recent inventory form is stored at the facility in an
amount that exceeds the threshold quantity.
new text end
Sec. 3.
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[299K.087] MINNESOTA HAZARDOUS SUBSTANCES LIST.
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new text begin Subdivision 1. new text end
new text begin Establishment of list. new text end
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(a) The commissioner of the pollution control
agency shall establish the Minnesota hazardous substance list. Substances on the list may
be designated by their chemical name, common name, and CAS number. The list shall
consist initially of all chemicals enumerated in any of the following designated lists:
new text end
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(1) the federal Environmental Protection Agency's list of restricted use pesticides,
enumerated in Code of Federal Regulations, title 40, part 162.30;
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(2) the International Agency for Research on Cancer's list of chemicals in Groups
1, 2A, and 2B;
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(3) the National Toxicology Program's list of chemicals published in its annual
"Report on Carcinogens";
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(4) the federal Occupational Safety and Health Administration's list of toxic and
hazardous substances, as enumerated in Code of Federal Regulations, title 29, part 1910,
subpart Z;
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new text begin
(5) State of California, Office of Environmental Health Hazard Assessment,
"Chemicals known to the state to cause cancer or reproductive toxicity";
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(6) the American Conference of Governmental Industrial Hygienists' publication
"Threshold Limit Values for Chemical Substances and Physical Agents in the Workplace";
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(7) the National Fire Protection Association's "Hazardous Chemical Data" (NFPA
49);
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(8) all chemicals rated II through IV as health hazards or flammability or reactivity
hazards on the National Fire Protection Association's "Fire Hazard Properties of
Flammable Liquids, Gases, Volatile Solids" (NFPA 325M); and
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(9) chemicals classified by the Environmental Protection Agency's "Guidelines for
Cancer Risk Assessment" in groups H, L, L/N, and S.
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(b) Each substance on the list must have a corresponding threshold amount, which
is the substance's threshold planning quantity established under section 11022 of the
federal act. If no threshold planning quantity has been established under the federal act, a
threshold amount must be established under subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Additions to list. new text end
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(a) Within 18 months of the effective date of this
section, the commissioner, in consultation with the commissioner of health, shall develop
and adopt as a rule a process for adding substances to and deleting substances from
the hazardous substances list. The commissioner may amend, by rule, the hazardous
substances list to accommodate new chemicals or when additional scientific data becomes
available. Any person or state agency may petition the commissioner to amend the
hazardous substances list. The commissioner shall also establish threshold quantities for
each substance on the list that does not have a corresponding threshold planning quantity
established under section 11022 of the federal law.
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(b) The commissioner's decision to place a substance on the list must be based upon
the commissioner's finding that according to a preponderance of the evidence, substantial
and valid scientific evidence exists that the substance poses an acute or chronic risk to
human health or safety, including substances that are carcinogens, mutagens, teratogens,
endocrine disruptors, or neurotoxins.
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new text begin
(c) For the purposes of this section, a hazardous substance is present in a mixture if
its concentration in the mixture exceeds one percent or, if the hazardous substance exists
in the mixture as an impurity, two percent. The commissioner may, by rule, raise or lower
these concentration thresholds, based on valid and substantial scientific evidence that the
mixture is not hazardous at the threshold levels.
new text end