1.1 	A bill for an act
1.2 	relating to public safety; specifying additional facilities that must comply with 
1.3 	state rules and federal regulations regarding hazardous substances;amending 
1.4 	Minnesota Statutes 2006, section 299K.08, subdivision 2; proposing coding for 
1.5 	new law in Minnesota Statutes, chapter 299K.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 299K.08, subdivision 2, is amended to 
1.8 	read:
1.9 		Subd. 2.~~Hazardous chemical inventory reporting~~ Additional facilities. (a) In 
1.10 	addition to facilities specified in the federal act, facilities that are operated by employers 
1.11 	subject to the occupational health and safety provisions of sections 182.65 to 182.675, and 
1.12 	facilities that store substances on the hazardous substances list established under section 
1.13 	299K.087 in excess of the threshold amount shall comply with ~~the hazardous chemical~~ 
1.14 	~~inventory reporting~~ all provisions of the federal act and sections 299K.01 to 299K.10. 
1.15 	(b) This section is a designation of additional facilities under sections 11021 and 
1.16 	11022 of the federal act, and the legislative process meets the requirements for public 
1.17 	notice and opportunity to comment.

1.18 	Sec. 2. [299K.085] HAZARDOUS CHEMICAL INVENTORY REPORTING.
1.19 	A facility subject to section 11022 of the federal act shall file an amended inventory 
1.20 	form within 30 days of either of the following events:
1.21 	(1) the maximum or average daily amount of a chemical present at the facility at any 
1.22 	time during the preceding calendar year, as reported on the most recent emergency and 
1.23 	hazardous chemical inventory form filed, increases by 100 percent or more; or
2.1 	(2) a new chemical required to be reported under section 11022 of the federal act but 
2.2 	which was not reported on the most recent inventory form is stored at the facility in an 
2.3 	amount that exceeds the threshold quantity.

2.4 	Sec. 3. [299K.087] MINNESOTA HAZARDOUS SUBSTANCES LIST.
2.5 		Subdivision 1.Establishment of list. (a) The commissioner of the pollution control 
2.6 	agency shall establish the Minnesota hazardous substance list. Substances on the list may 
2.7 	be designated by their chemical name, common name, and CAS number. The list shall 
2.8 	consist initially of all chemicals enumerated in any of the following designated lists:
2.9 	(1) the federal Environmental Protection Agency's list of restricted use pesticides, 
2.10 	enumerated in Code of Federal Regulations, title 40, part 162.30;
2.11 	(2) the International Agency for Research on Cancer's list of chemicals in Groups 
2.12 	1, 2A, and 2B;
2.13 	(3) the National Toxicology Program's list of chemicals published in its annual 
2.14 	"Report on Carcinogens";
2.15 	(4) the federal Occupational Safety and Health Administration's list of toxic and 
2.16 	hazardous substances, as enumerated in Code of Federal Regulations, title 29, part 1910, 
2.17 	subpart Z;
2.18 	(5) State of California, Office of Environmental Health Hazard Assessment, 
2.19 	"Chemicals known to the state to cause cancer or reproductive toxicity";
2.20 	(6) the American Conference of Governmental Industrial Hygienists' publication 
2.21 	"Threshold Limit Values for Chemical Substances and Physical Agents in the Workplace";
2.22 	(7) the National Fire Protection Association's "Hazardous Chemical Data" (NFPA 
2.23 	49);
2.24 	(8) all chemicals rated II through IV as health hazards or flammability or reactivity 
2.25 	hazards on the National Fire Protection Association's "Fire Hazard Properties of 
2.26 	Flammable Liquids, Gases, Volatile Solids" (NFPA 325M); and
2.27 	(9) chemicals classified by the Environmental Protection Agency's "Guidelines for 
2.28 	Cancer Risk Assessment" in groups H, L, L/N, and S.
2.29 	(b) Each substance on the list must have a corresponding threshold amount, which 
2.30 	is the substance's threshold planning quantity established under section 11022 of the 
2.31 	federal act. If no threshold planning quantity has been established under the federal act, a 
2.32 	threshold amount must be established under subdivision 2.
2.33 		Subd. 2.Additions to list. (a) Within 18 months of the effective date of this 
2.34 	section, the commissioner, in consultation with the commissioner of health, shall develop 
2.35 	and adopt as a rule a process for adding substances to and deleting substances from 
3.1 	the hazardous substances list. The commissioner may amend, by rule, the hazardous 
3.2 	substances list to accommodate new chemicals or when additional scientific data becomes 
3.3 	available. Any person or state agency may petition the commissioner to amend the 
3.4 	hazardous substances list. The commissioner shall also establish threshold quantities for 
3.5 	each substance on the list that does not have a corresponding threshold planning quantity 
3.6 	established under section 11022 of the federal law.
3.7 	(b) The commissioner's decision to place a substance on the list must be based upon 
3.8 	the commissioner's finding that according to a preponderance of the evidence, substantial 
3.9 	and valid scientific evidence exists that the substance poses an acute or chronic risk to 
3.10 	human health or safety, including substances that are carcinogens, mutagens, teratogens, 
3.11 	endocrine disruptors, or neurotoxins.
3.12 	(c) For the purposes of this section, a hazardous substance is present in a mixture if 
3.13 	its concentration in the mixture exceeds one percent or, if the hazardous substance exists 
3.14 	in the mixture as an impurity, two percent. The commissioner may, by rule, raise or lower 
3.15 	these concentration thresholds, based on valid and substantial scientific evidence that the 
3.16 	mixture is not hazardous at the threshold levels.