SF 2997

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 04:37pm

A bill for an act
relating to environment; restricting certain uses of trichloroethylene; 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; RESTRICTION ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "trichloroethylene" means a
chemical with the Chemical Abstract Services Registry number of 79-01-6.
new text end

new text begin Subd. 2. new text end

new text begin Certificate of compliance and use restriction. new text end

new text begin (a) Beginning July 1, 2020,
the Pollution Control Agency must notify the owner or operator of a facility with an air
emission permit issued by the Pollution Control Agency that within 90 days of receiving
the notice the facility must submit a certificate of compliance, provided by the Pollution
Control Agency, that states that the facility does not use trichloroethylene at the facility,
including in any manufacturing, processing, or cleaning processes, or, if the facility uses
trichloroethylene, that the facility is in compliance with its air emission permit. The notice
required under this subdivision must include a copy of this section.
new text end

new text begin (b) Beginning January 1, 2023, an owner or operator of a facility that is required to have
an air emission permit issued by the Pollution Control Agency may not use trichloroethylene
at the permitted facility, including in any manufacturing, processing, or cleaning processes,
if there is a replacement chemical that is less toxic to human health, is equally effective for
the use for which trichloroethylene is used at the facility, and is commercially readily
available at a price comparable to the price of trichloroethylene. This paragraph must be
made an enforceable provision in the air emission permit for the facility or in an enforceable
agreement by January 1, 2023.
new text end

new text begin (c) Before the commissioner of the Pollution Control Agency issues or renews an air
emission permit, at the request of the owner or operator of a facility that wishes to continue
to use trichloroethylene, the commissioner and the owner or operator must cooperatively
perform a feasibility study on using a replacement chemical at the facility. The commissioner
may use money in the trichloroethylene emissions account to reimburse the Pollution Control
Agency and the owner or operator for the costs associated with the feasibility study
new text end

new text begin (d) If the study does not demonstrate that a replacement chemical is feasible according
to paragraph (b), the commissioner must grant a variance from this section according to
section 116.07, subdivision 5.
new text end

new text begin (e) Owners or operators of facilities may demonstrate compliance with the health-based
values and health-risk limits for trichloroethylene established by the Department of Health.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2, paragraph (b), does not apply to:
new text end

new text begin (1) processes that result in only trace amounts of trichloroethylene remaining after most
of the trichloroethylene has been transformed into another substance or consumed;
new text end

new text begin (2) using trichloroethylene in closed systems so that no trichloroethylene is emitted from
the facility;
new text end

new text begin (3) holding trichloroethylene, or products containing trichloroethylene, for distribution
to a third party; or
new text end

new text begin (4) a medical or medical research facility.
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