HF 3579

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:08pm

A bill for an act
relating to environment; requiring certain physical measurements of air emissions
and reporting of emission-related statistics; 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 [116.0718] ENSURING COMPLIANCE WITH AIR EMISSION LIMITS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Agency" means the Pollution Control Agency.
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new text begin (c) "Attainment area" means a geographically defined region that is in compliance with
the national ambient air quality standards set by the federal Environmental Protection
Agency.
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new text begin (d) "Commissioner" means the commissioner of the Pollution Control Agency.
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new text begin (e) "Continuous emission monitoring system" has the meaning given in Minnesota Rules,
part 7017.1002, subpart 4.
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new text begin (f) "Hazardous air pollutant" has the meaning given in section 609.671, subdivision 1,
paragraph (e).
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new text begin (g) "Major facility" means a facility that has a potential to emit:
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new text begin (1) an air pollutant in excess of 100 tons per year;
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new text begin (2) a single hazardous air pollutant in excess of ten tons per year; or
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new text begin (3) a combination of hazardous air pollutants in excess of 25 tons per year.
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new text begin (h) "Nonattainment area" means a geographically defined region that is not in compliance
with the national ambient air quality standards set by the federal Environmental Protection
Agency.
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new text begin (i) "Performance test" has the meaning given in Minnesota Rules, part 7017.2005, subpart
4.
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new text begin (j) "Potential to emit" means the maximum annual air emissions of a pollutant from a
facility operating at full design capacity continuously for 8,760 hours throughout a year.
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new text begin Subd. 2. new text end

new text begin Compliance determination protocol. new text end

new text begin (a) To determine a facility's compliance
with the facility's permit, an air quality permit issued by the agency must contain a
compliance determination protocol that includes:
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new text begin (1) a list of methods the commissioner requires a permitted facility to employ to physically
measure the actual emissions of each pollutant emitted by the permitted facility; and
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new text begin (2) the frequency with which the commissioner requires the permitted facility to employ
each method.
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new text begin (b) The compliance determination protocol must be designed to minimize the time
between physical measures of each pollutant emitted by the facility. Methods of physical
measurement the commissioner may employ include but are not limited to:
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new text begin (1) continuous emission monitoring systems;
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new text begin (2) performance tests;
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new text begin (3) ambient monitoring near the permitted facility;
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new text begin (4) portable monitoring units that have been calibrated with performance tests or
continuous emission monitors; and
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new text begin (5) any other physical method of measuring actual emissions that the commissioner
determines is accurate.
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new text begin Subd. 3. new text end

new text begin Reporting requirements. new text end

new text begin (a) A permit that requires a facility to maintain
records of parameters that serve as indirect measures of a facility's air emissions must require
the facility to transmit the records to the agency no less often than monthly. For purposes
of this subdivision, "indirect measures of a facility's air emissions" means proxy measures
or calculations that affect, indicate, or are correlated with the volume of emissions released
by the facility, including but not limited to measurements of the pollution removal efficiency
of pollution control equipment, temperature or pressure of equipment or processes, and the
volume of inputs the facility purchases or uses that emit hazardous air pollutants during the
production process.
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new text begin (b) A third party under contract to a facility operating under an air quality permit issued
by the agency must report the results of any tests or measurements required under the permit
or ordered by the commissioner directly to the agency at the same time the results are
reported to the facility.
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new text begin Subd. 4. new text end

new text begin Performance tests; schedule. new text end

new text begin (a) A facility operating under an air quality
permit issued by the agency must conduct performance tests according to the following
schedule for all applicable pollutants that are emitted by the facility and that are not measured
by a continuous emission monitoring system installed at the facility:
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new text begin (1) annual performance tests are required of:
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new text begin (i) a major facility located in a nonattainment area;
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new text begin (ii) a facility whose permit contains an air emissions limit for any hazardous air pollutant;
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new text begin (iii) a facility that emits a pollutant identified as a chemical of high concern under section
116.9402;
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new text begin (iv) a facility located within one mile of an environmental justice area, as defined in
section 116.065, subdivision 1; or
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new text begin (v) a facility whose most recent performance test showed emissions equal to or greater
than 85 percent of the emission limit contained in the facility's permit for that pollutant;
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new text begin (2) biennial performance tests are required of a major facility that is located in an
attainment area and that does not meet any of the conditions in clause (1);
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new text begin (3) two performance tests during a five-year period are required of a facility that is
located in a nonattainment area and does not meet any of the conditions in clause (1); and
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new text begin (4) one performance test every five years is required of a facility that is located in an
attainment area and does not meet any of the conditions in clause (1).
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new text begin (b) A facility that exceeds an emissions limit in a permit must conduct a performance
test for that pollutant in each of the two years following the year in which the exceedance
occurs.
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new text begin (c) A facility whose pollution control equipment has undergone a significant alteration,
repair, or parts replacement that may affect the facility's ability to meet an emissions limit,
as determined by the commissioner, must conduct a performance test within 90 days of the
pollution control equipment becoming operational following the modification.
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new text begin Subd. 5. new text end

new text begin Permit terms. new text end

new text begin This section is made part of all air quality permits issued on or
after the effective date of this section. The commissioner must incorporate this section by
reference, as applicable, into all air quality permits issued before the effective date of this
section.
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new text begin EFFECTIVE DATE. new text end

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