SF 3231

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; eliminating duplicative 
  1.3             toxic chemical release reporting requirements that are 
  1.4             also required by federal government; removing obsolete 
  1.5             provisions; amending Minnesota Statutes 1996, sections 
  1.6             115D.07, subdivision 1; and 299K.08, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 115D.07, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
  1.11  PLAN.] (a) Persons who operate a facility required by United 
  1.12  States Code, title 42, section 11023, or section 299K.08, 
  1.13  subdivision 3, to submit a toxic chemical release form shall 
  1.14  prepare a toxic pollution prevention plan for that facility.  A 
  1.15  facility that is required to submit a toxic chemical release 
  1.16  form but does not release a toxic chemical is exempt from the 
  1.17  requirements of this subdivision.  The plan must contain the 
  1.18  information listed in subdivision 2. 
  1.19     (b) Except as provided in paragraphs (d) and (e), for 
  1.20  facilities that release a total of 10,000 pounds or more of 
  1.21  toxic pollutants annually, the plan must be completed as follows:
  1.22     (1) on or before July 1, 1991, for facilities having a 
  1.23  two-digit standard industrial classification of 35 to 39; 
  1.24     (2) by January 1, 1992, for facilities having a two-digit 
  1.25  standard industrial classification of 28 to 34; and 
  1.26     (3) by July 1, 1992, for all other persons required to 
  2.1   prepare a plan under this subdivision. 
  2.2      (c) Except as provided in paragraphs (d) and (e), 
  2.3   facilities that release less than a total of 10,000 pounds of 
  2.4   toxic pollutants annually must complete their plans by July 1, 
  2.5   1992. 
  2.6      (d) For the following facilities, the plan must be 
  2.7   completed as follows: 
  2.8      (1) by January 1, 1995, for facilities required to report 
  2.9   under section 299K.08, subdivision 3, that have a two-digit 
  2.10  standard industrial classification of 01 to 50; and 
  2.11     (2) by January 1, 1996, for facilities required to report 
  2.12  under section 299K.08, subdivision 3, that have a two-digit 
  2.13  standard industrial classification of 51 to 99. 
  2.14     (e) For facilities that become subject to this subdivision 
  2.15  after July 1, 1993, the plan must be completed by six months 
  2.16  after the first submittal for the facility under United States 
  2.17  Code, title 42, section 11023, or section 299K.08, subdivision 3.
  2.18     (f) (c) Each plan must be updated by January 1 of every 
  2.19  even-numbered year and must be maintained at the facility to 
  2.20  which it pertains. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 299K.08, 
  2.22  subdivision 3, is amended to read: 
  2.23     Subd. 3.  [TOXIC CHEMICAL RELEASE REPORTING.] (a) Except as 
  2.24  provided in paragraph (b), In addition to facilities specified 
  2.25  in the federal act, the following facilities having a two-digit 
  2.26  standard industrial classification of 45 shall comply with the 
  2.27  toxic chemical release reporting requirements of section 11023 
  2.28  of the federal act and United States Code, title 42, section 
  2.29  13106, to the same extent as facilities that are required by 
  2.30  federal law to comply with these requirements:  facilities 
  2.31  having a two-digit standard industrial classification of 10, 40, 
  2.32  45, or 49; a three-digit standard industrial classification of 
  2.33  806, 807, or 822; or a four-digit standard industrial 
  2.34  classification of 5161, 5162, 5169, 7384, 7389 (solvent recovery 
  2.35  facilities only), 8734, or 9223.  
  2.36     (b) For the facilities added in this section, the toxic 
  3.1   chemical release reporting requirements of section 11023 of the 
  3.2   federal act, and sections 115D.07, 115D.08, and 115D.12, do not 
  3.3   apply to substances that are associated with or incidental to 
  3.4   the combustion of fossil fuels or other fuels for the generation 
  3.5   of electricity or the production of steam. 
  3.6      Sec. 3.  [EFFECTIVE DATE.] 
  3.7      Sections 1 and 2 are effective July 1, 1999, and apply to 
  3.8   reporting requirements for the 1998 calendar year and thereafter.