HF 2171

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/21/2023 08:59am

A bill for an act
relating to air quality; prohibiting emission of objectionable odors; requiring testing
based on odor complaints; requiring odor-management plans under certain
circumstances; proposing coding for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.062] ODOR MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
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new text begin (1) "commissioner" means the commissioner of the Minnesota Pollution Control Agency;
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new text begin (2) "objectionable odor" means air pollution consisting of an odor that, considering its
characteristics, intensity, frequency, and duration:
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new text begin (i) is or can reasonably be expected to be injurious to public health or welfare; or
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new text begin (ii) unreasonably interferes with the enjoyment of life or the use of property of persons
exposed to the odor; and
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new text begin (3) "odor complaint" means a notification received and recorded by the commissioner
or by a political subdivision from an identifiable person that describes the nature, duration,
and location of an odor.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A person may not cause or allow emission into the ambient air of
any substance or combination of substances in quantities that produce an objectionable odor
beyond the property line of the facility that is the source of the odor, unless the person has
implemented odor-control measures satisfactory to the commissioner to abate or control
the emissions.
new text end

new text begin Subd. 3. new text end

new text begin Odor complaints; investigation. new text end

new text begin (a) The commissioner must conduct a site
investigation of any facility against which six or more verifiable odor complaints have been
submitted to the commissioner or to a political subdivision within a six-month period. The
investigation must include:
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new text begin (1) an interview with the owner or operator of the facility against which the complaint
was made;
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new text begin (2) a physical examination of the facilities; equipment; operations; conditions; methods;
storage areas for material inputs, chemicals, and waste; and any other factors that may
contribute to or are designed to mitigate the emission of odors; and
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new text begin (3) testing at locations identified in the odor complaints and at other locations beyond
the property line of the facility that is the source of the odor using a precision instrument
capable of measuring odors in ambient air.
new text end

new text begin (b) The commissioner, based upon the site investigation and the results of odor testing
and considering the nature, intensity, frequency, and duration of the odor and other relevant
factors, must determine whether the odor emitted from the facility constitutes an objectionable
odor. In making the determination, the commissioner may consider the opinions of a random
sample of persons exposed to samples of the odor taken from ambient air beyond the property
line of the facility that is the source of the odor.
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new text begin (c) The commissioner must notify officials in local jurisdictions that odor complaints
filed with respect to properties located within those jurisdictions must be forwarded to the
commissioner.
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new text begin Subd. 4. new text end

new text begin Objectionable odor; management plan. new text end

new text begin (a) If the commissioner determines
under subdivision 3 that the odor emitted from a facility is an objectionable odor, the
commissioner must require the owner of the facility to develop an odor-management plan
designed to mitigate odor emissions.
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new text begin (b) The owner of the facility must submit a management plan required under paragraph
(a) to the commissioner for review within 90 days. The commissioner may grant an extension
for submitting the odor-management plan for up to an additional 90 days for good cause.
new text end

new text begin (c) The commissioner must provide technical assistance to the property owner in
developing a management plan, including:
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new text begin (1) identifying odor-control technology and equipment that may reduce odor emissions;
and
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new text begin (2) identifying alternative methods of operation or alternative materials that may reduce
odor emissions.
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new text begin (d) An odor-management plan must contain, at a minimum, for each odor source
contributing to odor emissions:
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new text begin (1) a description of plant operations and materials that generate odors;
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new text begin (2) proposed changes in equipment, operations, or materials that are designed to mitigate
odor emissions;
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new text begin (3) the estimated effectiveness of the plan in reducing odor emissions;
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new text begin (4) the estimated cost of implementing the plan;
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new text begin (5) a schedule of plan implementation activities; and
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new text begin (6) a description of any monitoring equipment that will be installed to measure odor
emissions after the plan is implemented.
new text end

new text begin (e) The commissioner may accept, reject, or modify an odor-management plan submitted
under this subdivision.
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new text begin (f) No sooner than 60 days after final implementation of an odor-management plan
approved by the commissioner, the commissioner must test ambient air to measure the
efficacy of the odor-management plan in reducing odor emissions. At a minimum, the
commissioner must test ambient air at the same locations where initial testing occurred
under subdivision 3, paragraph (a), clause (3).
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new text begin (g) If the commissioner determines, based upon the same factors considered under
subdivision 3, paragraph (b), that implementing the odor-management plan has failed to
reduce the facility's odor emissions to a level where the odor is no longer an objectionable
odor, the commissioner must order the facility owner to revise the odor-management plan
within 90 days of receipt of the commissioner's order.
new text end

new text begin (h) If the revised odor-management plan is not acceptable to the commissioner or is
implemented but fails to reduce the facility's odor emissions to a level where the odor is no
longer an objectionable odor, the commissioner may impose penalties under section 115.071
or may modify or revoke the facility's permit under section 116.07, subdivision 4a, paragraph
(d).
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new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin This section does not apply to:
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new text begin (1) on-farm animal and agricultural operations;
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new text begin (2) motor vehicles and transportation facilities;
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new text begin (3) municipal wastewater treatment plants;
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new text begin (4) single-family dwellings not used for commercial purposes;
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new text begin (5) materials odorized for safety purposes;
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new text begin (6) painting and coating operations that are not required to be licensed; and
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new text begin (7) temporary activities and operations.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end