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HF 3376

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/15/2020 02:48pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Small business" means a business that has less than 500 full-time equivalent
employees.
new text end

new text begin (c) "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 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. 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 a small business needs additional time to assess replacement chemicals or
modifications to facility operations, 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. A small business owner or
operator requesting additional time under this paragraph must demonstrate compliance with
the health-based value and health risk limits for trichloroethylene, as established by the
Department of Health as of January 1, 2019. 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. 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.
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 exclusively 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) 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 Short title. new text end

new text begin This act is the "White Bear Area Neighborhood Concerned Citizens
Group Ban TCE Act."
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 beginAVAILABILITY OF SMALL BUSINESS ASSISTANCE
ENVIRONMENTAL-IMPROVEMENT LOANS TO MINIMIZE
TRICHLOROETHYLENE USE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 116.993, $250,000 in interest-free loans
shall be made available under the program established by that section to small businesses,
as defined in Minnesota Statutes, section 116.385, to assist with reducing borrowers' use
of trichloroethylene. Environmental consultant services obtained for this purpose shall
constitute an eligible use of a loan made under this section.
new text end