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HF 1037

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2021 02:46pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/11/2021

Current Version - as introduced

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A bill for an act
relating to environment; requiring certain physical measurements of air emissions
and reporting of emission-related statistics; 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 [116.0718] ENSURING COMPLIANCE WITH AIR EMISSION LIMITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Attainment area" means a geographically defined region that is in compliance with
the national ambient air quality standards set by the federal Environmental Protection
Agency.
new text end

new text begin (c) "Continuous emission monitoring system" or "CEMS" has the meaning given in
Minnesota Rules, part 7017.1002, subpart 4.
new text end

new text begin (d) "Hazardous air pollutant" has the meaning given in section 609.671, subdivision 1,
paragraph (e).
new text end

new text begin (e) "Major facility" means a facility that has a potential to emit:
new text end

new text begin (1) an air pollutant in excess of 100 tons per year;
new text end

new text begin (2) a single hazardous air pollutant in excess of 10 tons per year; or
new text end

new text begin (3) a combination of hazardous air pollutants in excess of 25 tons per year.
new text end

new text begin (f) "Nonattainment area" means a geographically defined region that is not in compliance
with the national ambient air quality standards set by the federal Environmental Protection
Agency.
new text end

new text begin (g) "Performance test" has the meaning given in Minnesota Rules, part 7017.2005,
subpart 4.
new text end

new text begin (h) "Potential to emit" means the maximum annual air emissions of a pollutant from a
facility operating at full design capacity continuously for 8,760 hours throughout a year.
new text end

new text begin Subd. 2. new text end

new text begin Compliance determination protocol. new text end

new text begin Each air quality permit issued by the
agency must contain a compliance determination protocol that consists of a list of methods
the agency requires a permitted facility to employ to physically measure the actual emissions
of each pollutant emitted by the permitted facility and the frequency with which the agency
requires the permitted facility to employ each method, in order to determine a facility's
compliance with the facility's permit. The compliance determination protocol must be
designed to minimize the length of time between physical measures of each pollutant emitted
by the facility. Methods of physical measurement the agency may employ include but are
not limited to continuous emission monitoring systems, performance tests, ambient
monitoring near the permitted facility, portable monitoring units that have been calibrated
with performance tests or continuous emission monitors, and any other physical method of
measuring actual emissions that the agency determines is accurate.
new text end

new text begin Subd. 3. new text end

new text begin Reporting requirements. new text end

new text begin (a) A permit that requires a facility to maintain
records of parameters that serve as indirect measures of a facility's air emissions must require
the facility to transmit the records to the agency no less often than monthly. For purposes
of this subdivision, "indirect measures of a facility's air emissions" means proxy measures
or calculations that affect, indicate, or are correlated with the volume of emissions released
by the facility, including but not limited to measurements of the pollution removal efficiency
of pollution control equipment, temperature or pressure of equipment or processes, and the
volume of hazardous air pollutants or substances that emit hazardous air pollutants during
the production process that the facility purchases or uses.
new text end

new text begin (b) A third party under contract to a facility operating under an air quality permit issued
by the agency must report the results of any tests or measurements required under the permit
or ordered by the commissioner directly to the agency at the same time the results are
reported to the facility.
new text end

new text begin Subd. 4. new text end

new text begin Performance tests; schedule. new text end

new text begin (a) A facility operating under an air quality
permit issued by the agency must conduct performance tests according to the following
schedule for all applicable pollutants emitted by the facility that are not measured by a
continuous emission monitoring system installed at the facility:
new text end

new text begin (1) annual performance tests are required of:
new text end

new text begin (i) a major facility located in a nonattainment area;
new text end

new text begin (ii) a facility whose permit contains an air emissions limit for any hazardous air pollutant;
or
new text end

new text begin (iii) a facility that emits a pollutant identified as a chemical of high concern by the
Department of Health under section 116.9402; and
new text end

new text begin (iv) a facility whose most recent performance test showed emissions equal to or greater
than 85 percent of the emission limit contained in the facility's permit for that pollutant;
new text end

new text begin (2) biennial performance tests are required of a major facility that is located in an
attainment area and that does not meet any of the conditions in clause (1);
new text end

new text begin (3) two performance tests during a five-year period are required of a nonmajor facility
that is located in a nonattainment area and does not meet any of the conditions in clause
(1); and
new text end

new text begin (4) one performance test every five years is required of a nonmajor facility that is located
in an attainment area and does not meet any of the conditions in clause (1).
new text end

new text begin (b) A facility that exceeds an emissions limit must conduct a performance test for that
pollutant in each of the two years following the year in which the exceedance occurs.
new text end

new text begin (c) A facility whose pollution control equipment has undergone a significant alteration,
repair, or parts replacement that may affect the facility's ability to meet an emission limit,
as determined by the commissioner, must conduct a performance test within 90 days of the
pollution control equipment becoming operational following the modification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, is
made part of all air quality permits issued on or after that date, and must be incorporated
by the agency by reference, as applicable, into all existing air quality permits.
new text end