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SF 1797

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/28/2021 08:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to environment; clarifying that Pollution Control Agency has authority to
regulate greenhouse gas emissions; amending Minnesota Statutes 2020, sections
116.06, by adding a subdivision; 116.07, subdivisions 2, 4, 4a.

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

Section 1.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Greenhouse gases. new text end

new text begin "Greenhouse gases" means carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116.07, subdivision 2, is amended to read:


Subd. 2.

Adopting standards.

(a) The Pollution Control Agency shall improve air
quality by promoting, in the most practicable way possible, the use of energy sources and
waste disposal methods deleted text begin whichdeleted text end new text begin thatnew text end produce or emit the least new text begin greenhouse gases and other new text end air
contaminants consistent with the agency's overall goal of reducing all forms of pollution.
The agency shall also adopt standards of air quality, including maximum allowable standards
of emission of air contaminants from motor vehicles, recognizing that due to variable factors,
no single standard of purity of air is applicable to all areas of the state. In adopting standards
the Pollution Control Agency shall give due recognition to the fact that the quantity or
characteristics of air contaminants or the duration of their presence in the atmosphere, which
may cause air pollution in one area of the state, may cause less or not cause any air pollution
in another area of the state, and it shall take into consideration in this connection such factors,
including others which it may deem proper, as existing physical conditions, zoning
classifications, topography, prevailing wind directions and velocities, and the fact that a
standard of air quality which may be proper as to an essentially residential area of the state,
may not be proper as to a highly developed industrial area of the state. Such standards of
air quality shall be premised upon scientific knowledge of causes as well as effects based
on technically substantiated criteria and commonly accepted practices. No local government
unit shall set standards of air quality which are more stringent than those set by the Pollution
Control Agency.

(b) The Pollution Control Agency shall promote solid waste disposal control by
encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the control
of the collection, transportation, storage, processing, and disposal of solid waste and sewage
sludge for the prevention and abatement of water, air, and land pollution, recognizing that
due to variable factors, no single standard of control is applicable to all areas of the state.
In adopting standards, the Pollution Control Agency shall give due recognition to the fact
that elements of control which may be reasonable and proper in densely populated areas of
the state may be unreasonable and improper in sparsely populated or remote areas of the
state, and it shall take into consideration in this connection such factors, including others
which it may deem proper, as existing physical conditions, topography, soils and geology,
climate, transportation, and land use. Such standards of control shall be premised on technical
criteria and commonly accepted practices.

(c) The Pollution Control Agency shall also adopt standards describing the maximum
levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
recognizing that due to variable factors no single standard of sound pressure is applicable
to all areas of the state. Such standards shall give due consideration to such factors as the
intensity of noises, the types of noises, the frequency with which noises recur, the time
period for which noises continue, the times of day during which noises occur, and such
other factors as could affect the extent to which noises may be injurious to human health
or welfare, animal or plant life, or property, or could interfere unreasonably with the
enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
give due recognition to the fact that the quantity or characteristics of noise or the duration
of its presence in the outdoor atmosphere, which may cause noise pollution in one area of
the state, may cause less or not cause any noise pollution in another area of the state, and
it shall take into consideration in this connection such factors, including others which it
may deem proper, as existing physical conditions, zoning classifications, topography,
meteorological conditions and the fact that a standard which may be proper in an essentially
residential area of the state, may not be proper as to a highly developed industrial area of
the state. Such noise standards shall be premised upon scientific knowledge as well as effects
based on technically substantiated criteria and commonly accepted practices. No local
governing unit shall set standards describing the maximum levels of sound pressure which
are more stringent than those set by the Pollution Control Agency.

(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
waste and for the management, identification, labeling, classification, storage, collection,
transportation, processing, and disposal of hazardous waste, recognizing that due to variable
factors, a single standard of hazardous waste control may not be applicable to all areas of
the state. In adopting standards, the Pollution Control Agency shall recognize that elements
of control which may be reasonable and proper in densely populated areas of the state may
be unreasonable and improper in sparsely populated or remote areas of the state. The agency
shall consider existing physical conditions, topography, soils, and geology, climate,
transportation and land use. Standards of hazardous waste control shall be premised on
technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
may be issued for a term not to exceed five years. No local government unit shall set
standards of hazardous waste control which are in conflict or inconsistent with those set by
the Pollution Control Agency.

(e) A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for photographic
fixer and x-ray negative wastes that are hazardous solely because of silver content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy of
each manifest for the transportation of hazardous waste for off-site treatment, storage, or
disposal, except that counties within the metropolitan area may require generators to provide
manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.

(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
solid waste, or hazardous waste under this chapter, or standards for water quality under
chapter 115, the statement of need and reasonableness must include:

(1) an assessment of any differences between the proposed rule and:

(i) existing federal standards adopted under the Clean Air Act, United States Code, title
42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
42, section 6921(b)(1);

(ii) similar standards in states bordering Minnesota; and

(iii) similar standards in states within the Environmental Protection Agency Region 5;
and

(2) a specific analysis of the need and reasonableness of each difference.

Sec. 3.

Minnesota Statutes 2020, section 116.07, subdivision 4, is amended to read:


Subd. 4.

Rules and standards.

(a) Pursuant and subject to the provisions of chapter 14,
and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
rules and standards having the force of law relating to any purpose within the provisions of
Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution. Any such
rule or standard may be of general application throughout the state, or may be limited as to
times, places, circumstances, or conditions in order to make due allowance for variations
therein. Without limitation, rules or standards may relate to sources or emissions of
new text begin greenhouse gases, new text end air contaminationnew text begin ,new text end or air pollutiondeleted text begin ,deleted text end new text begin ;new text end to the quality or composition of such
emissionsdeleted text begin , ordeleted text end new text begin ;new text end to the quality of or composition of the ambient air or outdoor atmospherenew text begin ;new text end or
to any other matter relevant to the prevention, abatement, or control of air pollution.

(b) Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend, and rescind rules and standards having the
force of law relating to any purpose within the provisions of Laws 1969, chapter 1046, for
the collection, transportation, storage, processing, and disposal of solid waste and the
prevention, abatement, or control of water, air, and land pollution which may be related
thereto, and the deposit in or on land of any other material that may tend to cause pollution.
The agency shall adopt such rules and standards for sewage sludge, addressing the intrinsic
suitability of land, the volume and rate of application of sewage sludge of various degrees
of intrinsic hazard, design of facilities, and operation of facilities and sites. Any such rule
or standard may be of general application throughout the state or may be limited as to times,
places, circumstances, or conditions in order to make due allowance for variations therein.
Without limitation, rules or standards may relate to collection, transportation, processing,
disposal, equipment, location, procedures, methods, systems or techniques or to any other
matter relevant to the prevention, abatement or control of water, air, and land pollution
which may be advised through the control of collection, transportation, processing, and
disposal of solid waste and sewage sludge, and the deposit in or on land of any other material
that may tend to cause pollution. By January 1, 1983, the rules for the management of
sewage sludge shall include an analysis of the sewage sludge determined by the commissioner
of agriculture to be necessary to meet the soil amendment labeling requirements of section
18C.215.

(c) The rules for the disposal of solid waste shall include site-specific criteria to prohibit
solid waste disposal based on the area's sensitivity to groundwater contamination, including
site-specific testing. The rules shall provide criteria for locating landfills based on a site's
sensitivity to groundwater contamination. Sensitivity to groundwater contamination is based
on the predicted minimum time of travel of groundwater contaminants from the solid waste
to the compliance boundary. The rules shall prohibit landfills in areas where karst is likely
to develop. The rules shall specify testable or otherwise objective thresholds for these criteria.
The rules shall also include modifications to financial assurance requirements under
subdivision 4h that ensure the state is protected from financial responsibility for future
groundwater contamination. The modifications to the financial assurance rules specified in
this paragraph must require that a solid waste disposal facility subject to them maintain
financial assurance so long as the facility poses a potential environmental risk to human
health, wildlife, or the environment, as determined by the agency following an empirical
assessment. The financial assurance and siting modifications to the rules specified in this
paragraph do not apply to:

(1) solid waste facilities initially permitted before January 1, 2011, including future
contiguous expansions and noncontiguous expansions within 600 yards of a permitted
boundary;

(2) solid waste disposal facilities that accept only construction and demolition debris
and incidental nonrecyclable packaging, and facilities that accept only industrial waste that
is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting from
the manufacture of construction materials; and

(3) requirements for permit by rule solid waste disposal facilities.

(d) Until the rules are modified as provided in paragraph (c) to include site-specific
criteria to prohibit areas from solid waste disposal due to groundwater contamination
sensitivity, as required under this section, the agency shall not issue a permit for a new solid
waste disposal facility, except for:

(1) the reissuance of a permit for a land disposal facility operating as of March 1, 2008;

(2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond its
permitted boundaries, including expansion on land that is not contiguous to, but is located
within 600 yards of, the land disposal facility's permitted boundaries;

(3) a permit to modify the type of waste accepted at a land disposal facility operating as
of March 1, 2008;

(4) a permit to locate a disposal facility that accepts only construction debris as defined
in section 115A.03, subdivision 7;

(5) a permit to locate a disposal facility that:

(i) accepts boiler ash from an electric energy power plant that has wet scrubbed units or
has units that have been converted from wet scrubbed units to dry scrubbed units as those
terms are defined in section 216B.68;

(ii) is on land that was owned on May 1, 2008, by the utility operating the electric energy
power plant; and

(iii) is located within three miles of the existing ash disposal facility for the power plant;
or

(6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals regulated
under Minnesota Rules, chapter 6132.

(e) Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend and rescind rules and standards having the
force of law relating to any purpose within the provisions of Laws 1971, chapter 727, for
the prevention, abatement, or control of noise pollution. Any such rule or standard may be
of general application throughout the state, or may be limited as to times, places,
circumstances or conditions in order to make due allowances for variations therein. Without
limitation, rules or standards may relate to sources or emissions of noise or noise pollution,
to the quality or composition of noises in the natural environment, or to any other matter
relevant to the prevention, abatement, or control of noise pollution.

(f) As to any matters subject to this chapter, local units of government may set emission
regulations with respect to stationary sources which are more stringent than those set by
the Pollution Control Agency.

(g) Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind
rules and standards having the force of law relating to any purpose within the provisions of
this chapter for generators of hazardous waste, the management, identification, labeling,
classification, storage, collection, treatment, transportation, processing, and disposal of
hazardous waste and the location of hazardous waste facilities. A rule or standard may be
of general application throughout the state or may be limited as to time, places, circumstances,
or conditions. In implementing its hazardous waste rules, the Pollution Control Agency
shall give high priority to providing planning and technical assistance to hazardous waste
generators. The agency shall assist generators in investigating the availability and feasibility
of both interim and long-term hazardous waste management methods. The methods shall
include waste reduction, waste separation, waste processing, resource recovery, and
temporary storage.

(h) The Pollution Control Agency shall give highest priority in the consideration of
permits to authorize disposal of diseased shade trees by open burning at designated sites to
evidence concerning economic costs of transportation and disposal of diseased shade trees
by alternative methods.

Sec. 4.

Minnesota Statutes 2020, section 116.07, subdivision 4a, is amended to read:


Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the emission of new text begin greenhouse gases or other new text end air contaminantsdeleted text begin , ordeleted text end new text begin ;new text end for the installation or
operation of any emission facility, air contaminant treatment facility, treatment facility,
potential air contaminant storage facility, or storage facility, or any part thereofdeleted text begin ,deleted text end new text begin ;new text end or for the
sources or emissions of noise pollution.

(b) The Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for the installation or operation
of any system or facility, or any part thereof, related to the storage, collection, transportation,
processing, or disposal of waste.

(c) The agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution from all sources
on the environment and residents of the geographic area within which the facility's emissions
are likely to be deposited, provided that the facility is located in a community in a city of
the first class in Hennepin County that meets all of the following conditions:

(1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;

(2) a majority of the population are low-income persons of color and American Indians;

(3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;

(4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and

(5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.

(d) The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
prevent or abate pollution.

(e) The Pollution Control Agency has the authority for approval over the siting, expansion,
or operation of a solid waste facility with regard to environmental issues. However, the
agency's issuance of a permit does not release the permittee from any liability, penalty, or
duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or
shall be construed to preclude, a county from enforcing land use controls, regulations, and
ordinances existing at the time of the permit application and adopted pursuant to sections
366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard to the siting,
expansion, or operation of a solid waste facility.

(f) Except as prohibited by federal law, a person may commence construction,
reconstruction, replacement, or modification of any facility prior to the issuance of a
construction permit by the agency.