HF 4197
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/09/2026 04:54 p.m.
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A bill for an act
relating to solid waste; providing for methods of emissions measurements,
emissions limits, and capacity limits for municipal solid waste incinerators;
amending Minnesota Statutes 2024, section 383B.235, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 115A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[115A.575] MUNICIPAL SOLID WASTE INCINERATORS; EMISSIONS
LIMITS; DATA DISCLOSURE.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Air contaminant" has the meaning given in section 116.06, subdivision 2.
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(c) "Continuous automated sampling system" means the total equipment and procedures
for automated sample collection, sample recovery, and analysis used to determine an air
contaminant's concentration or emission rate by collecting a single sample or multiple
integrated samples of the air contaminant for subsequent on- or off-site analysis.
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(d) "Continuous emissions monitoring system" means a pollution monitoring system
that:
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(1) is capable of on-site sampling, at least once per minute when feasible but no less
than once every two hours; conditioning; analyzing; and recording emissions of an air
contaminant from a facility; and
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(2) meets the data acquisition and availability requirements, where applicable, of the
United States Environmental Protection Agency or Minnesota Pollution Control Agency.
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(e) "Dioxin/furan" means tetra- through octa-chlorinated dibenzo-p-dioxins and
dibenzofurans.
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(f) "Municipal solid waste incinerator" means a facility:
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(1) in which mixed municipal solid waste is combusted; and
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(2) that is subject to section 216B.1691, subdivision 1a.
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Municipal solid waste incinerator includes an energy recovery facility, as defined in
Minnesota Rules, part 7035.0300, subpart 35.
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(g) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the meaning given
in section 116.943, subdivision 1.
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(h) "Shutdown" means the period that begins when waste is no longer fed into the
combustion chamber of a municipal solid waste incinerator and continues until the remaining
waste in the combustion chamber is combusted and the facility has fully cooled.
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(i) "Start-up" means the period following warm-up when waste begins to be continuously
fed into the combustion chamber of a municipal solid waste incinerator.
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(j) "Technologically feasible and commercially available" means a system that is
technologically possible to install and offered for purchase from equipment vendors for the
proposed application and for which service contracts can be obtained for a fee.
Technologically feasible and commercially available does not include an analysis of the
costs of the system.
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(k) "Warm-up" means the period that begins with preheating the combustion chamber
of a municipal solid waste incinerator and continues until the required combustion
temperature is achieved.
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new text begin Subd. 2. new text end
new text begin Emissions limits. new text end
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(a) A municipal solid waste incinerator subject to this section
must meet the emissions limits contained in the amendments to the new source performance
standards and emission guidelines for large municipal waste combustion units proposed by
the federal Environmental Protection Agency and published in the Federal Register, volume
89, number 15 (January 23, 2024), pages 4243-4268, as follows:
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(1) a municipal solid waste incinerator in operation before the effective date of this
section must meet the standards for all pollutants listed in Table 2, except carbon monoxide,
corrected to seven percent oxygen; and
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(2) a municipal solid waste incinerator that is constructed and begins initial operations
after the effective date of this section must meet the standards for all pollutants listed in
Table 3, except carbon monoxide, corrected to seven percent oxygen.
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(b) Notwithstanding any existing rule or permit condition, a municipal solid waste
incinerator must meet the carbon monoxide emissions limit established by the commissioner
each hour that the facility is operating.
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new text begin Subd. 3. new text end
new text begin Emissions measurement; plan; methods. new text end
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(a) The owner or operator of a
municipal solid waste incinerator must submit a plan to the commissioner for deploying a
continuous emissions monitoring system or continuous automated sampling system, as
determined under paragraphs (b) and (c), to monitor or sample emissions of:
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(1) carbon dioxide;
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(2) ammonia;
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(3) hydrochloric acid;
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(4) polychlorinated biphenyls;
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(5) dioxin/furan;
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(6) lead;
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(7) mercury;
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(8) arsenic;
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(9) hexavalent chromium;
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(10) manganese;
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(11) nickel;
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(12) selenium;
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(13) zinc;
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(14) PFAS;
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(15) particulate matter less than ten microns in diameter;
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(16) particulate matter less than 2.5 microns in diameter;
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(17) volatile organic compounds;
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(18) hydrofluoric acid;
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(19) beryllium;
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(20) cadmium; and
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(21) polycyclic aromatic hydrocarbons.
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(b) The plan must provide for using a continuous emissions monitoring system to measure
the emission of one or more of the air contaminants listed in paragraph (a) if the
commissioner determines that a continuous emissions monitoring system is technologically
feasible and commercially available.
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(c) If the commissioner determines that no continuous emissions monitoring system
meets the requirements under paragraph (b) for a specific air contaminant, the plan must
provide for using a continuous automated sampling system to sample that air contaminant.
Such long-term sampling must provide year-round monitoring through back-to-back use of
long-term monthly samples. Calculated estimates based on parametric monitoring must not
be used in place of direct monitoring or sampling under any circumstances.
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(d) The plan must describe how the owner or operator will:
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(1) conduct continuous emissions monitoring and continuous automated sampling
required by this subdivision; and
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(2) make emissions data available to the agency in a format that is easily uploaded to
the agency's website and made available to the public.
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(e) The owner or operator of a municipal solid waste incinerator must submit the plan
required under this subdivision to the commissioner for approval no later than .... The
commissioner may modify the plan as necessary to ensure compliance with this subdivision
and the quality and accuracy of sampling or monitoring data.
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(f) The owner or operator of a municipal solid waste incinerator must implement a plan
approved under this subdivision no later than ... days after the commissioner approves the
plan.
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(g) A municipal solid waste incinerator must collect and report emissions data for all
air contaminants required under paragraph (a) during warm-up, start-up, and shutdown, but
emissions during these periods must be averaged at the stack oxygen content and not
corrected to seven percent oxygen, as are emissions collected during normal operations.
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new text begin Subd. 4. new text end
new text begin Emissions data disclosure. new text end
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(a) No later than ..., each municipal solid waste
incinerator must submit to the commissioner a plan to implement an automated and
transparent data-sharing system that provides accurate and timely information from the
continuous emissions monitors and continuous automated sampling systems required under
subdivision 3 that can be uploaded to the agency website so that the information is accessible
to the public. The data-sharing system must incorporate elements that, for each air
contaminant listed in subdivision 3, at a minimum:
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(1) report emission readings in concentrations and in pounds per day and per year;
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(2) compare emissions with state and federal emissions limits and emissions limits in
permits;
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(3) list all violations of emissions limits;
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(4) report the operating status, including start-up and shutdown, at the time emissions
are measured;
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(5) maintain and archive emissions data so that it can be downloaded;
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(6) present the results of facility performance tests; and
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(7) automatically notify by electronic mail the owner and operator of the municipal
waste combustor, the commissioner, and any person who requests to be notified of emissions
violations.
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(b) The data-sharing system must report emissions of dioxin/furan in both mass emissions
and toxic equivalents, using the most recent factors developed by the United States
Environmental Protection Agency or the World Health Organization.
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(c) The commissioner may accept, reject, or modify the data-sharing plan to ensure data
accuracy and accessibility.
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(d) The commissioner must, no later than one year after a data-sharing plan is
implemented, issue a determination on whether the data measured by the continuous
emissions monitors and continuous automated sampling systems deployed under subdivision
3 is sufficiently accurate and reliable to be used for enforcement purposes.
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new text begin Subd. 5. new text end
new text begin Rulemaking. new text end
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The commissioner must adopt rules to implement this section no
later than .... The 18-month time limit under section 14.125 does not apply to rules adopted
under this subdivision.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2024, section 383B.235, subdivision 3, is amended to read:
Subd. 3.
Existing facility deleted text begin may use itsdeleted text end new text begin ;new text end capacity.
Notwithstanding subdivisions 1 and
2, an existing resource recovery facilitynew text begin that is subject to section 216B.1691, subdivision
1a,new text end may new text begin not new text end reclaim, burn, use, process, or dispose of new text begin more than 274,000 tons of new text end mixed
municipal solid waste deleted text begin to the full extent of its maximum yearly capacity as of January 1,
2000deleted text end new text begin annually, beginning in 2026new text end . The facility must continue to comply with all federal
and state environmental laws and regulations and must obtain a conditional use permit from
the municipality where the facility is located.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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