SF 2104

2nd Engrossment - 79th Legislature (1995 - 1996) 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 1994, section 115A.9651, as amended. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 115A.9651, as 
  1.7   amended by Laws 1995, chapter 247, article 1, section 28, is 
  1.8   amended to read: 
  1.9      115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.] 
  1.10     Subdivision 1.  [PROHIBITION.] (a) Except as provided in 
  1.11  subdivisions 2 and 3, after January 1, 1997, no person may 
  1.12  distribute for sale or use in this state any ink, dye, pigment, 
  1.13  paint, or fungicide manufactured after September 1, 1994, into 
  1.14  which lead, cadmium, mercury, or hexavalent chromium has been 
  1.15  intentionally introduced.  
  1.16     (b) For the purposes of this subdivision, "intentionally 
  1.17  introduce" means to deliberately use a metal listed in paragraph 
  1.18  (a) as an element during manufacture or distribution of an item 
  1.19  listed in paragraph (a).  Intentional introduction does not 
  1.20  include the incidental presence of any of the prohibited 
  1.21  elements. 
  1.22     (c) The concentration of a listed metal in an item listed 
  1.23  in paragraph (a) may not exceed 100 parts per million. 
  1.24     Subd. 2.  [TEMPORARY EXEMPTION PRODUCT REVIEW.] 
  1.25  (a) Subdivision 1 does not apply to an item listed in that 
  2.1   subdivision 1 is exempt from this section until July 1, 1998, 
  2.2   if, by August 1, 1996, the manufacturer of the item 
  2.3   submitted submits a product review report to the commissioner a 
  2.4   written request for an exemption by August 1, 1994 that the 
  2.5   commissioner determines complies with clauses (1) to (3) and the 
  2.6   manufacturer complies with the other requirements of this 
  2.7   subdivision.  The request report must include at least: 
  2.8      (1) an explanation of why compliance is not technically 
  2.9   feasible at the time of the request the technical and economic 
  2.10  feasibility of removing a listed metal from the item by July 1, 
  2.11  1998; 
  2.12     (2) how the manufacturer will comply by July 1, 1997; and a 
  2.13  summary of public health and environmental regulations that 
  2.14  affect use and disposal of the item; 
  2.15     (3) a summary of any data or reports known to the 
  2.16  manufacturer on public health and environmental impacts of the 
  2.17  use and disposal of the item; and 
  2.18     (4) the name, address, and telephone number of a person the 
  2.19  commissioner can contact for further information. 
  2.20     (b) By September 1, 1994, A person who uses an item listed 
  2.21  in subdivision 1, into which one of the listed metals has been 
  2.22  intentionally introduced, may submit, on behalf of the 
  2.23  manufacturer, a request for temporary exemption only a product 
  2.24  review report to the commissioner if the manufacturer fails to 
  2.25  submit an exemption request a report as provided in paragraph 
  2.26  (a).  The request report must include: 
  2.27     (1) an explanation of why the person must continue to use 
  2.28  the item and a discussion of potential alternatives; 
  2.29     (2) an explanation of why it is not technically feasible at 
  2.30  the time of the request to formulate or manufacture the 
  2.31  technical and economic feasibility of formulating or 
  2.32  manufacturing the item without intentionally introducing a 
  2.33  listed metal by July 1, 1998; 
  2.34     (3) that the person will seek alternatives to using the 
  2.35  item by July 1, 1997, if it still contains an intentionally 
  2.36  introduced listed metal a summary of public health and 
  3.1   environmental regulations that affect the person's use and 
  3.2   disposal of the item; and 
  3.3      (4) a summary of any data or reports known to the user on 
  3.4   public health or environmental impacts of the use and disposal 
  3.5   of the item; and 
  3.6      (5) the name, address, and telephone number of a person the 
  3.7   commissioner can contact for further information. 
  3.8      (c) A person who submits a request for temporary exemption 
  3.9   under paragraph (b) may submit a request for a temporary 
  3.10  exemption after September 1, 1994, for an item that the person 
  3.11  will use as an alternative to the item for which the request was 
  3.12  originally made as long as the new item has a total 
  3.13  concentration level of all the listed metals that is 
  3.14  significantly less than in the original item.  An exemption 
  3.15  under this paragraph expires July 1, 1998, and the person who 
  3.16  requests it must submit the progress description required in 
  3.17  paragraph (e) By August 1, 1996, a manufacturer that submits a 
  3.18  product review report under paragraph (a) must submit a report 
  3.19  to the commissioner describing any progress made in removing the 
  3.20  listed metal from the item and stating whether the manufacturer 
  3.21  anticipates removal of the listed metal by July 1, 1998. 
  3.22     (d) By October 1, 1994, and annually thereafter if requests 
  3.23  are received under paragraph (c), the commissioner shall submit 
  3.24  to the legislative commission on waste management a list of 
  3.25  manufacturers and persons that have requested an exemption under 
  3.26  this subdivision and the items for which exemptions were sought, 
  3.27  along with copies of the requests By October 1, 1996, a person 
  3.28  that submits a report under paragraph (b) must submit a report 
  3.29  to the commissioner describing any progress made to eliminate or 
  3.30  replace the item containing the listed metal and stating whether 
  3.31  the use of the item will be eliminated by July 1, 1998. 
  3.32     (e) By July 1, 1996, each manufacturer on the list shall 
  3.33  submit to the commissioner a description of the progress the 
  3.34  manufacturer has made toward compliance with subdivision 1, and 
  3.35  the date compliance has been achieved or the date on or before 
  3.36  July 1, 1998, by which the manufacturer anticipates achieving 
  4.1   compliance.  By July 1, 1996, each person who has requested an 
  4.2   exemption under paragraph (b) or (c) shall submit to the 
  4.3   commissioner: 
  4.4      (1) a description of progress made to eliminate the listed 
  4.5   metal or metals from the item or progress made by the person to 
  4.6   find a replacement item that does not contain an intentionally 
  4.7   introduced listed metal; and 
  4.8      (2) the date or anticipated date the item is or will be 
  4.9   free of intentionally introduced metals or the date the person 
  4.10  has stopped or will stop using the item. 
  4.11     By October 1, 1996, the commissioner shall submit to the 
  4.12  legislative commission a summary of the progress made by the 
  4.13  manufacturers and other persons and any recommendations for 
  4.14  appropriate legislative or other action to ensure that products 
  4.15  are not distributed in the state after July 1, 1998, that 
  4.16  violate subdivision 1. By December 1, 1996, the commissioner 
  4.17  shall submit to the environment and natural resources committees 
  4.18  of the legislature a report on progress made by the 
  4.19  manufacturers and other persons to eliminate the use of the 
  4.20  metals listed in subdivision 1.  The report must include 
  4.21  recommendations on whether the legislature should ban the sale 
  4.22  or use of any of the items listed in subdivision 1 that contain 
  4.23  a listed metal.  Any recommendation for a product ban must 
  4.24  address the risks posed by the use and disposal of the product 
  4.25  to the public health and the environment and the costs of a 
  4.26  product ban. 
  4.27     Subd. 3.  [APPLICATION; ENFORCEMENT.] (a) This section does 
  4.28  not apply to art supplies. 
  4.29     (b) This section may be enforced under sections 115.071 and 
  4.30  116.072.  The attorney general or the commissioner of the agency 
  4.31  shall coordinate enforcement of this section with the director 
  4.32  of the office. 
  4.33     Sec. 2.  [TOXICS IN PRODUCTS; EXEMPTION REQUESTS.] 
  4.34     Exemption requests received by the commissioner of the 
  4.35  pollution control agency under Minnesota Statutes 1994, section 
  4.36  115A.9651, are deemed to be product review reports for the 
  5.1   purposes of section 1, subdivision 2, paragraph (a) or (b).  The 
  5.2   commissioner shall notify each person that submitted an 
  5.3   exemption request of any additional information needed to comply 
  5.4   with section 1, subdivision 2, paragraph (a) or (b).  The 
  5.5   additional information must be submitted to the commissioner by 
  5.6   September 1, 1996. 
  5.7      Sec. 3.  [EFFECTIVE DATE.] 
  5.8      This act is effective the day following final enactment.