as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the environment; modifying requirements 1.3 relating to toxics in products; amending Minnesota 1.4 Statutes 1996, section 115A.9651. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 115A.9651, is 1.7 amended to read: 1.8 115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.] 1.9 Subdivision 1. [PROHIBITION.] (a) Except as provided in 1.10 paragraphs (d) and (e) and subdivisions 2 and 3, after January 1.11 1, 1998, no person may distribute for sale or use in this state 1.12 any ink, dye, pigment, paint, or fungicide manufactured after 1.13 September 1, 1994, into which lead, cadmium, mercury, or 1.14 hexavalent chromium has been intentionally introduced. 1.15 (b) For the purposes of this subdivision, "intentionally 1.16 introduce" means to deliberately use a metal listed in paragraph 1.17 (a) as an element during manufacture or distribution of an item 1.18 listed in paragraph (a). Intentional introduction does not 1.19 include the incidental presence of any of the prohibited 1.20 elements. 1.21 (c) The concentration of a listed metal in an item listed 1.22 in paragraph (a) may not exceed 100 parts per million. 1.23 (d) The prohibition on the use of lead in substances 1.24 utilized in marking road, street, highway, and bridge pavements 1.25 does not take effect until July 1, 1998. 2.1 (e) The use of lead in substances utilized in marking road, 2.2 street, highway, and bridge pavements is exempt from this 2.3 subdivision until July 1, 1998. 2.4 Subd. 2. [TEMPORARY EXEMPTIONPRODUCT REVIEW.] 2.5 (a) Subdivision 1 does not apply to an item listed in that 2.6 subdivision1 is exempt from this section until July 1, 1998,2.7 if, by August 1, 1997, the manufacturer of the itemsubmitted2.8 submits a product review report to the commissionera written2.9request for an exemption by August 1, 1994that the commissioner 2.10 determines complies with clauses (1) to (3) and the manufacturer 2.11 complies with the other requirements of this subdivision. 2.12 Therequestreport must include at least: 2.13 (1) an explanation ofwhy compliance is not technically2.14feasible at the time of the requestthe technical and economic 2.15 feasibility of removing a listed metal from the item by July 1, 2.16 1999; 2.17 (2)how the manufacturer will comply by July 1, 1997; anda 2.18 summary of public health and environmental regulations that 2.19 affect use and disposal of the item; 2.20 (3) a summary of any data or reports known to the 2.21 manufacturer on public health and environmental impacts of the 2.22 use and disposal of the item; and 2.23 (4) the name, address, and telephone number of a person the 2.24 commissioner can contact for further information. 2.25 (b)By September 1, 1994,A person who uses an item listed 2.26 in subdivision 1, into which one of the listed metals has been 2.27 intentionally introduced, may submit, on behalf of the2.28manufacturer, a request for temporary exemption onlya product 2.29 review report to the commissioner if the manufacturer fails to 2.30 submitan exemption requesta report as provided in paragraph 2.31 (a). Therequestreport must include: 2.32 (1) an explanation of why the person must continue to use 2.33 the item and a discussion of potential alternatives; 2.34 (2) an explanation ofwhy it is not technically feasible at2.35the time of the request to formulate or manufacturethe 2.36 technical and economic feasibility of formulating or 3.1 manufacturing the item without intentionally introducing a 3.2 listed metal by July 1, 1999; 3.3 (3)that the person will seek alternatives to using the3.4item by July 1, 1997, if it still contains an intentionally3.5introduced listed metala summary of public health and 3.6 environmental regulations that affect the person's use and 3.7 disposal of the item;and3.8 (4) a summary of any data or reports known to the user on 3.9 public health or environmental impacts of the use and disposal 3.10 of the item; and 3.11 (5) the name, address, and telephone number of a person the 3.12 commissioner can contact for further information. 3.13 (c)A person who submits a request for temporary exemption3.14under paragraph (b) may submit a request for a temporary3.15exemption after September 1, 1994, for an item that the person3.16will use as an alternative to the item for which the request was3.17originally made as long as the new item has a total3.18concentration level of all the listed metals that is3.19significantly less than in the original item. An exemption3.20under this paragraph expires July 1, 1998, and the person who3.21requests it must submit the progress description required in3.22paragraph (e).By August 1, 1997, a manufacturer that submits a 3.23 product review report under paragraph (a) must submit a report 3.24 to the commissioner describing any progress made in removing the 3.25 listed metal from the item and stating whether the manufacturer 3.26 anticipates removal of the listed metal by July 1, 1999. 3.27 (d)By October 1, 1994, and annually thereafter if requests3.28are received under paragraph (c), the commissioner shall submit3.29to the environment and natural resources committees of the3.30senate and house of representatives, the finance division of the3.31senate committee on environment and natural resources, and the3.32house of representatives committee on environment and natural3.33resources finance a list of manufacturers and persons that have3.34requested an exemption under this subdivision and the items for3.35which exemptions were sought, along with copies of the requests.3.36 By October 1, 1997, a person that submits a report under 4.1 paragraph (b) must submit a report to the commissioner 4.2 describing any progress made to eliminate or replace the item 4.3 containing the listed metal and stating whether the use of the 4.4 item will be eliminated by July 1, 1999. 4.5 (e)By July 1, 1996, each manufacturer on the list shall4.6submit to the commissioner a description of the progress the4.7manufacturer has made toward compliance with subdivision 1, and4.8the date compliance has been achieved or the date on or before4.9July 1, 1998, by which the manufacturer anticipates achieving4.10compliance. By July 1, 1996, each person who has requested an4.11exemption under paragraph (b) or (c) shall submit to the4.12commissioner:4.13(1) a description of progress made to eliminate the listed4.14metal or metals from the item or progress made by the person to4.15find a replacement item that does not contain an intentionally4.16introduced listed metal; and4.17(2) the date or anticipated date the item is or will be4.18free of intentionally introduced metals or the date the person4.19has stopped or will stop using the item.4.20By October 1, 1996, the commissioner shall submit to the4.21environment and natural resources committees of the senate and4.22house of representatives, the finance division of the senate4.23committee on environment and natural resources, and the house of4.24representatives committee on environment and natural resources4.25finance a summary of the progress made by the manufacturers and4.26other persons and any recommendations for appropriate4.27legislative or other action to ensure that products are not4.28distributed in the state after July 1, 1998, that violate4.29subdivision 1.By December 1, 1997, the commissioner shall 4.30 submit to the environment and natural resources committees of 4.31 the legislature a report on progress made by the manufacturers 4.32 and other persons to eliminate the use of the metals listed in 4.33 subdivision 1. The report must include recommendations on 4.34 whether the legislature should ban the sale or use of any of the 4.35 items listed in subdivision 1 that contain a listed metal. Any 4.36 recommendation for a product ban must address the risks posed by 5.1 the use and disposal of the product to the public health and the 5.2 environment and the costs of a product ban. 5.3 Subd. 3. [APPLICATION; ENFORCEMENT.] (a) This section does 5.4 not apply to art supplies. 5.5 (b) This section may be enforced under sections 115.071 and 5.6 116.072. The attorney general or the commissioner of the agency 5.7 shall coordinate enforcement of this section with the director 5.8 of the office. 5.9 Sec. 2. [TOXICS IN PRODUCTS; EXEMPTION REQUESTS.] 5.10 Exemption requests received by the commissioner of the 5.11 pollution control agency under Minnesota Statutes 1996, section 5.12 115A.9651, are deemed to be product review reports for the 5.13 purposes of section 1, subdivision 2, paragraph (a) or (b). The 5.14 commissioner shall notify each person that submitted an 5.15 exemption request of any additional information needed to comply 5.16 with section 1, subdivision 2, paragraph (a) or (b). The 5.17 additional information must be submitted to the commissioner by 5.18 September 1, 1997. 5.19 Sec. 3. [EFFECTIVE DATE.] 5.20 This act is effective the day following final enactment.