SF 2075

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/25/2019 02:42pm

A bill for an act
relating to environment; banning trichloroethylene in products and for use in
manufacturing processes; 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.
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, "trichloroethylene" means
a chemical with the Chemical Abstract Services Registry.
new text end

new text begin Subd. 2. new text end

new text begin Use ban. new text end

new text begin (a) Beginning January 1, 2021, an owner or operator of a facility
required to have an air emissions permit issued by the Pollution Control Agency may not
use trichloroethylene at its permitted facility, including in any manufacturing, processing,
or cleaning processes. Cessation of use must be made enforceable in the air emissions permit
for the facility or in an enforceable agreement by January 1, 2021.
new text end

new text begin (b) If additional time is needed to assess replacement chemicals or address impacts to
facility operations, then by January 1, 2021, the commissioner may, at the commissioner's
discretion, include a schedule of compliance in the facility's permit or enforceable agreement
that requires compliance with this section before January 1, 2023. Owners or operators of
facilities requesting additional time under this subdivision must demonstrate compliance
with the health-based value for trichloroethylene, as established by the Department of Health.
new text end

new text begin (c) The commissioner may grant a variance under this section pursuant to section 116.07,
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Replacement chemicals. new text end

new text begin An owner or operator that must comply with this
section must replace trichloroethylene with a chemical demonstrated to be less toxic to
human health and approved by the commissioner of the Pollution Control Agency. If there
is more than one less-toxic replacement chemical, then the commissioner may require the
owner or operator to perform a feasibility study to determine the least toxic alternative.
new text end

new text begin EFFECTIVE DATE. new text end

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