HF 3376

as introduced - 91st Legislature (2019 - 2020) Posted on 04/30/2020 09:51am

A bill for an act
relating to environment; prohibiting using trichloroethylene; 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 [116.385] TRICHLOROETHYLENE; BAN.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
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new text begin (1) "agency" means the Minnesota Pollution Control Agency;
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new text begin (2) "commissioner" means the commissioner of the Minnesota Pollution Control Agency;
and
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new text begin (3) "trichloroethylene" means a chemical with the Chemical Abstract Services Registry
Number 79-01-6.
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new text begin Subd. 2. new text end

new text begin Use prohibited. new text end

new text begin (a) Beginning January 1, 2022, an owner or operator of a
facility required to have an air emissions permit issued by the agency may not use
trichloroethylene at the permitted facility for any purpose unless the commissioner grants
the facility a temporary extension under paragraph (c) or a waiver under subdivision 4.
new text end

new text begin (b) The commissioner must, no later than December 31, 2021, incorporate the ban on
trichloroethylene use as an enforceable provision of:
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new text begin (1) a facility's air emissions permit; or
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new text begin (2) a separate agreement entered into with the owner or operator of the facility.
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new text begin (c) If, upon request from a facility before January 1, 2022, the commissioner determines
that the facility requires additional time to assess the feasibility of using one or more
chemicals to replace trichloroethylene, the commissioner may, at the commissioner's
discretion, include a schedule of compliance in the facility's permit or in a separate
enforceable agreement that requires compliance with this section no later than December
31, 2023.
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new text begin (d) An owner or operator of a facility requesting an extension under paragraph (c) or
requesting a waiver under subdivision 4:
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new text begin (1) must, while trichloroethylene continues to be used at the facility, demonstrate
compliance with the health-based value and health risk limits for trichloroethylene established
by the Department of Health;
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new text begin (2) may be required to comply with additional operating restrictions based on air
emissions from nearby sources or background concentrations; and
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new text begin (3) may be required to provide additional information as requested by the commissioner
to evaluate site-specific conditions or impacts.
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new text begin Subd. 3. new text end

new text begin Replacement chemicals; installing pollution control equipment. new text end

new text begin An owner
or operator proposing to replace trichloroethylene with another chemical must submit
evidence to the commissioner, as required by the commissioner, demonstrating that the
replacement chemical is less toxic to human health and the environment than
trichloroethylene. If an owner or operator proposes more than one less-toxic replacement
chemical, the commissioner must consider the option that has a lesser impact on human
health and the environment. If the commissioner cannot determine the toxicity of a proposed
replacement chemical, the commissioner may require a facility to install additional pollution
control equipment to control trichloroethylene emissions.
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new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin The commissioner may grant a waiver to the prohibition in
subdivision 2 to a facility that demonstrates to the commissioner's satisfaction that the
facility is:
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new text begin (1) using trichloroethylene solely in closed systems so that no trichloroethylene is emitted
from the facility;
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new text begin (2) holding trichloroethylene or products containing trichloroethylene for distribution
to a third party; or
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new text begin (3) a hospital licensed according to section 144.50 or an academic medical facility.
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