Minnesota Legislature
HF 673
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 12:08pm
Bill Text Versions
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| Introduction | Posted on 01/20/2023 |
Current Version - as introduced
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A bill for an act
relating to environment; requiring reporting for air toxics emissions; requiring
rulemaking to regulate air toxics emissions; proposing coding for new law in
Minnesota Statutes, chapter 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[116.062] AIR TOXICS EMISSIONS REPORTING.
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(a) The commissioner must require a facility operating under an air quality permit issued
by the agency to annually report the facility's air toxics emissions to the agency, including
a facility not required as a condition of its air quality permit to keep records of air toxics
emissions. The commissioner must determine the method to be used by a facility to directly
measure or estimate air toxics emissions. The commissioner must incorporate the requirement
to annually report air toxics emissions into the air quality permit of each facility subject to
this section.
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(b) For the purposes of this section, "air toxics" means chemical compounds or compound
classes that are emitted into the air by a permitted facility and that are:
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(1) hazardous air pollutants listed under the federal Clean Air Act, United States Code,
title 42, section 7412, as amended;
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(2) chemicals reported as released into the atmosphere by a facility located in the state
for the Toxic Release Inventory under the federal Emergency Planning and Community
Right-to-Know Act, United States Code, title 42, section 11023, as amended;
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(3) chemicals of high concern, as listed by the Department of Health under section
116.9402;
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(4) chemicals for which the Department of Health has adopted health-based values or
risk assessment advice;
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(5) chemicals for which the risk to human health has been assessed by the federal
Environmental Protection Agency's Integrated Risk Information System;
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(6) chemicals for which emission limits are incorporated into current facility permits;
or
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(7) chemicals reported by facilities in the agency's triennial emissions inventory.
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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. new text begin RULEMAKING; AIR TOXICS EMISSIONS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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For the purposes of this section:
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(1) "agency" means the Minnesota Pollution Control Agency;
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(2) "air toxics" means chemical compounds or compound classes that are emitted into
the air by a facility issued an air quality permit by the agency and that are:
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(i) hazardous air pollutants listed under the federal Clean Air Act, United States Code,
title 42, section 7412, as amended;
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(ii) chemicals reported as released into the atmosphere by a facility located in the state
for the Toxic Release Inventory under the federal Emergency Planning and Community
Right-to-Know Act, United States Code, title 42, section 11023, as amended;
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(iii) chemicals of high concern, as listed by the Department of Health under Minnesota
Statutes, section 116.9402;
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(iv) chemicals for which the Department of Health has adopted health-based values or
risk assessment advice;
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(v) chemicals for which emission limits are incorporated into current facility permits;
or
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(vi) chemicals reported by facilities in the agency's triennial emissions inventory;
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(3) "commissioner" means the commissioner of the Minnesota Pollution Control Agency;
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(4) "continuous emission monitoring system" has the meaning given in Minnesota Rules,
part 7017.1002, subpart 4;
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(5) "environmental justice area" means one or more census tracts in Minnesota:
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(i) in which, based on the most recent data published by the United States Census Bureau:
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(A) 40 percent or more of the population is nonwhite;
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(B) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
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(C) 40 percent or more of the population over the age of five has limited English
proficiency; or
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(ii) located within Indian Country, as defined in United States Code, title 18, section
1151;
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(6) "performance test" has the meaning given in Minnesota Rules, part 7017.2005,
subpart 4; and
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(7) "volatile organic compound" means any compound of carbon that participates in
atmospheric photochemical reactions, except carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides or carbonates, and ammonium carbonate.
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new text begin Subd. 2. new text end
new text begin Rulemaking required. new text end
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No later than January 15, 2024, the commissioner of
the Pollution Control Agency must initiate rulemaking under Minnesota Statutes, chapter
14, to regulate air toxics emissions by providing notice of a rulemaking hearing according
to Minnesota Statutes, section 14.14, subdivision 1a.
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new text begin Subd. 3. new text end
new text begin Content of rules. new text end
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(a) The rules required under subdivision 2 must address, at
a minimum:
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(1) specific air toxics to be regulated, including, at a minimum, those defined in
subdivision 1;
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(2) types of facilities to be regulated, including, at a minimum, facilities that have been
issued an air quality permit by the commissioner and:
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(i) emit air toxics, whether the emissions are limited in a permit or not; or
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(ii) purchase or use material containing volatile organic compounds;
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(3) performance tests conducted by facilities to measure the volume of air toxics emissions
and testing methods, procedures, protocols, and frequency;
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(4) required air monitoring, including using continuous emission monitoring systems
for certain facilities;
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(5) requirements for reporting information to the agency to assist the agency in
determining the volume of the facility's air toxics emissions and the facility's compliance
with emission limits in the facility's permit;
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(6) record keeping related to air toxics emissions; and
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(7) frequency of facility inspections and inspection activities that provide information
about air toxics emissions.
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(b) In developing the rules, the commissioner must establish testing, monitoring,
reporting, record keeping, and inspection requirements for facilities that reflect:
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(1) the different risks to human health and the environment posed by the specific air
toxics and volumes emitted by a facility, such that facilities posing greater risks are required
to more frequently conduct performance tests and air monitoring, receive inspections, and
report to the agency;
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(2) the facility's record of compliance with air toxics emission limits and other permit
conditions; and
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(3) any exposure of residents of an environmental justice area to the facility's air toxics
emissions.
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new text begin Subd. 4. new text end
new text begin Modifying permits. new text end
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Within ... years after adopting the rules required in
subdivision 2, the commissioner must amend existing air quality permits as necessary to
conform with the rules.
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new text begin Subd. 5. new text end
new text begin Relation to federal law. new text end
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The commissioner must implement this section
consistent with federal law and to the fullest extent allowed by federal law. Nothing in this
section may be construed to conflict with federal law.
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new text begin Subd. 6. new text end
new text begin Rulemaking cost. new text end
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The commissioner must collect the agency's costs to adopt
rules under this section and to conduct regulatory activities required as a result of the adopted
rules through the annual fee paid by owners or operators of facilities required to obtain air
quality permits from the agency, as required under Minnesota Statutes, section 116.07,
subdivision 4d, paragraph (b).
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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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