1.1                          A bill for an act 
  1.2             relating to the environment; modifying requirements 
  1.3             for mercury testing in incinerator emissions; amending 
  1.4             Minnesota Statutes 1996, section 116.85, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 116.85, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [EMISSION MONITORS.] Notwithstanding any 
  1.9   other law to the contrary, an incinerator permit that contains 
  1.10  emission limits for dioxin, cadmium, chromium, lead, or mercury 
  1.11  must, as a condition of the permit, require the installation of 
  1.12  an air emission monitoring system approved by the commissioner.  
  1.13  The monitoring system must provide continuous measurements to 
  1.14  ensure optimum combustion efficiency for the purpose of ensuring 
  1.15  optimum dioxin destruction.  The system shall also be capable of 
  1.16  providing a permanent record of monitored emissions that will be 
  1.17  available upon request to the commissioner and the general 
  1.18  public.  The commissioner shall provide periodic inspection of 
  1.19  the monitoring system to determine its continued accuracy.  
  1.20     Subd. 1a.  [MERCURY TESTING] The facility must (a) 
  1.21  Notwithstanding any other law to the contrary, a facility 
  1.22  holding an incinerator permit that contains emission limits for 
  1.23  mercury must, as a condition of the permit, conduct periodic 
  1.24  stack testing for mercury as described by this subdivision.  
  1.25  Hospital waste incinerators having a design capacity of less 
  2.1   than three million BTUs per hour may use mercury segregation 
  2.2   practices as an alternative to stack testing if allowed by 
  2.3   applicable federal requirements, with the approval of the 
  2.4   commissioner. 
  2.5      (b) A facility shall conduct stack testing for mercury at 
  2.6   intervals not to exceed 90 days three months.  An incinerator 
  2.7   facility burning greater than 30 percent by weight of 
  2.8   refuse-derived fuel facilities must conduct periodic stack 
  2.9   testing for mercury at intervals not to exceed 15 12 months 
  2.10  unless a previous test showed a permit exceedence after which 
  2.11  the agency may require quarterly testing until permit 
  2.12  requirements are satisfied.  With the approval of the 
  2.13  commissioner, an incinerator facility may use methods other than 
  2.14  stack testing for determining mercury in air emissions. 
  2.15     (c) After demonstrating that mercury emissions have been 
  2.16  below 50 percent of the facility's permitted mercury limit for 
  2.17  three consecutive years, as tested under the conditions of 
  2.18  paragraph (b), an incinerator facility may choose to conduct 
  2.19  stack testing once every three years or according to applicable 
  2.20  federal requirements, whichever is more stringent.  The facility 
  2.21  shall notify the commissioner of its alternative mercury testing 
  2.22  schedule, and the commissioner shall include operating 
  2.23  conditions in the facility's permit that ensure that the 
  2.24  facility will continue to emit mercury emissions less than 50 
  2.25  percent of the applicable standard.  
  2.26     (d) If a test conducted under the provisions of paragraph 
  2.27  (c) shows mercury emissions greater than 50 percent of the 
  2.28  facility's permitted mercury limit, the facility shall conduct 
  2.29  annual mercury stack sampling until emissions are below 50 
  2.30  percent of the facility's permitted mercury limit.  Once the 
  2.31  facility demonstrates that mercury emissions are again below 50 
  2.32  percent of the facility's permitted mercury limit, the facility 
  2.33  may resume testing every three years or according to federal 
  2.34  requirements, whichever is more stringent, upon notifying the 
  2.35  commissioner. 
  2.36     (e) In amending, modifying, or reissuing a facility's air 
  3.1   emissions permit which contains a provision that restricts 
  3.2   mercury emissions from the facility the commissioner shall, at a 
  3.3   minimum, continue that permit restriction at the same level 
  3.4   unless the applicant demonstrates that no good cause exists to 
  3.5   do so.