SF 3387

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 09:12am

A bill for an act
relating to environment; prohibiting using 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; BAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin Subd. 2. new text end

new text begin Use prohibited. new text end

new text begin (a) Beginning January 1, 2022, 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 the permitted facility, including in any manufacturing,
processing, or cleaning processes. By January 1, 2022, ceasing use must be made an
enforceable provision in the air emissions permit for the facility or in an enforceable
agreement with the owner or operator. The commissioner of the Pollution Control Agency
must not issue an air emissions permit that authorizes using trichloroethylene at a permitted
facility after January 1, 2022, except as described in paragraph (b) and subdivision 4.
new text end

new text begin (b) If additional time is needed to assess replacement chemicals or address impacts to
a facility's operations, then by January 1, 2022, 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, 2024.
new text end

new text begin (c) Owners or operators of facilities requesting additional time under paragraph (b) or
requesting an exception under subdivision 4 must demonstrate compliance with the
health-based value and health risk limits for trichloroethylene, as established by the
Department of Health. Owners or operators may be required to comply with additional
restrictions based on impacts from nearby sources or background concentrations. Owners
or operators may be required to provide additional information as requested by the
commissioner to evaluate site-specific conditions or impacts.
new text end

new text begin Subd. 3. new text end

new text begin Replacement chemicals; installing pollution control equipment. new text end

new text begin An owner
or operator that must comply with this section and elects to replace trichloroethylene with
another chemical must replace trichloroethylene with a chemical demonstrated to be less
toxic to human health and reviewed in a form determined and approved by the commissioner
of the Pollution Control Agency. If there is more than one less-toxic replacement chemical,
then the commissioner must consider the option that has a lesser impact on human health
and the environment. If the commissioner cannot determine toxicity, then the commissioner
may require installing pollution control equipment.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin (a) The commissioner of the Pollution Control Agency may grant
exceptions to the prohibition in subdivision 2 for:
new text end

new text begin (1) using trichloroethylene in closed systems so that no trichloroethylene is emitted from
the facility;
new text end

new text begin (2) holding trichloroethylene or products containing trichloroethylene for distribution
to a third party; or
new text end

new text begin (3) a hospital licensed according to section 144.50 or an academic medical facility.
new text end

new text begin (b) Owners or operators of a facility seeking an exception under paragraph (a) must
submit information to the commissioner that specifies the exception that applies and must
provide all information needed to determine applicability.
new text end