SF 2276

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2014 10:27am

A bill for an act
relating to environment; addressing expiration and elimination of certain advisory
groups; modifying certain rulemaking requirements; amending Minnesota
Statutes 2012, sections 115.44, subdivision 7; 115.741, by adding a subdivision;
116.07, subdivision 2; 116.99, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 115.44, subdivision 7, is amended to read:

Subd. 7.

Rule notices.

deleted text begin For rules authorized under this section, the notices required
to be mailed under sections 14.14, subdivision 1a, and 14.22 must also be mailed deleted text end new text begin When a
rulemaking conducted under this section will change the use classification of a particular
water, the agency must provide notice new text end to the governing body of each municipality
bordering new text begin the affected water new text end or through which the deleted text begin waters for which standards are sought
to be adopted flow deleted text end new text begin affected water flows new text end .

Sec. 2.

Minnesota Statutes 2012, section 115.741, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 30, 2009.
new text end

Sec. 3.

Minnesota Statutes 2012, section 116.07, subdivision 2, is amended to read:

Subd. 2.

Adoption of 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 which produce or emit the least 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 deleted text begin include:
deleted text end

deleted text begin (1) an assessment of any differences between the proposed rule and:
deleted text end

deleted text begin (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);
deleted text end

deleted text begin (ii) similar standards in states bordering Minnesota; and
deleted text end

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

deleted text begin (2) a specific analysis of the need and reasonableness of each difference deleted text end new text begin assess and
provide a specific analysis of the need and reasonableness of each difference between the
proposed rule and existing or proposed federal standards and similar standards in relevant
states bordering Minnesota or within Environmental Protection Agency Region 5 new text end .

Sec. 4.

Minnesota Statutes 2012, section 116.99, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A Small Business Air Quality Compliance Assistance
Advisory Council is established within the agency. new text begin The council is required by federal
law and does not expire.
new text end