SF 4073

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/30/2020 10:09am

A bill for an act
relating to environment; banning certain uses of trichloroethylene; appropriating
money to help identify alternative chemicals; 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 Definitions. new text end

new text begin For the purposes of this section, "trichloroethylene" means
a chemical with the Chemical Abstract Services Registry Number of 79-0l-6.
new text end

new text begin Subd. 2. new text end

new text begin Use restriction. new text end

new text begin (a) Beginning June 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 its permitted facility, including in any manufacturing, processing,
or cleaning processes, except as otherwise provided in this section. Cessation of use must
be made enforceable in the air emissions permit for the facility or in an enforceable agreement
by June 1, 2022.
new text end

new text begin (b) If additional time is needed to assess replacement chemicals or modifications to
facility operations under subdivision 3, paragraph (b), then by June 1, 2022, the commissioner
shall include a schedule of compliance in the facility's permit or enter into an enforceable
agreement that requires compliance with this section before June 1, 2023.
new text end

new text begin Subd. 3. new text end

new text begin Use notice and restriction. new text end

new text begin (a) Beginning July 1, 2020, the Pollution Control
Agency shall notify the owner or operator of a facility with an air emissions permit issued
by the Pollution Control Agency that the facility is required within 30 days of receipt of the
notice to inform the Pollution Control Agency, on a form provided by the Pollution Control
Agency, of whether the facility uses trichloroethylene, including in any manufacturing,
processing, or cleaning processes. The notice required under this subdivision shall include
a copy of this section regarding use restrictions commencing on June 1, 2022.
new text end

new text begin (b) An owner or operator notified under paragraph (a) that uses trichloroethylene shall,
within 90 days of receipt of notice, inform the Pollution Control Agency that the owner or
operator will perform a feasibility study to determine if there is a replacement chemical that
performs the function for which trichloroethylene is used at the facility that is commercially
available at a reasonable cost of use, or a commercially viable modification of operation to
reduce trichloroethylene use. The owner or operator may request the Minnesota Technical
Assistance Program (MnTAP) to perform such a feasibility study on its behalf. Upon
completion, the owner or operator shall submit the feasibility study to the commissioner.
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 shall grant
exceptions to the prohibition in subdivision 2, for any of the following uses where compliance
with the health-based value and health risk limits for trichloroethylene established by the
Department of Health as of January 1, 2019, is demonstrated:
new text end

new text begin (1) use of 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; and
new text end

new text begin (3) a hospital licensed under sections 144.50 to 144.56, or an academic medical facility.
new text end

new text begin (b) The commissioner of the Pollution Control Agency may grant exceptions to the
prohibition in subdivision 2 through the variance process established in Minnesota Rules,
part 7000.7000, for any of the following uses where compliance with the health-based value
and health risk limits for trichloroethylene established by the Department of Health as of
January 1, 2019, is demonstrated:
new text end

new text begin (1) a facility that uses trichloroethylene for research and development, or other laboratory
or experimental purposes; and
new text end

new text begin (2) a facility that processes trichloroethylene for waste disposal.
new text end

new text begin (c) The commissioner of the Pollution Control Agency may grant an exception to the
prohibition in subdivision 2 to a facility that has performed a feasibility study under
subdivision 3, paragraph (b), and that feasibility study concludes there are no replacement
chemicals or modification of operation that performs the function for which trichloroethylene
is used at the facility and that is commercially available at a reasonable cost of use, and that
as a result the facility cannot completely eliminate emissions of trichloroethylene. An
exemption granted under this paragraph shall be provided through the variance process
established in Minnesota Rules, part 7000.7000.
new text end

new text begin (d) Owners or operators of facilities seeking an exception under this section must submit
information to the commissioner that specifies the exception that applies and provide all
information needed to determine applicability.
new text end

new text begin Subd. 5. new text end

new text begin Application of exceptions. new text end

new text begin Nothing in subdivision 4 shall be construed to
authorize a use of an amount of trichloroethylene that exceeds the levels authorized in a
stipulation agreement entered into between the Pollution Control Agency and a permittee
that was in effect on June 1, 2022.
new text end

new text begin Subd. 6. new text end

new text begin Reimbursement for feasibility study. new text end

new text begin The commissioner may reimburse
MnTAP or owners or operators for the costs associated with a feasibility study under
subdivision 3, paragraph (b), with funds appropriated for that purpose.
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

Sec. 2. new text begin APPROPRIATION; FEASIBILITY STUDY REIMBURSEMENTS.
new text end

new text begin $1,288,000 in fiscal year 2021 is appropriated from the environmental fund to the
commissioner of the Pollution Control Agency for the costs associated with implementing
Minnesota Statutes, section 116.385. Of this amount, $600,000 is for reimbursements
authorized by the commissioner under Minnesota Statutes, section 116.385, subdivision 6.
This is a onetime appropriation and is available until June 30, 2023.
new text end