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Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 560-S.F.No. 2173 
           An act relating to the environment; providing 
          assistance to eligible recipients on methods to 
          prevent toxic pollution; providing financial 
          assistance to research and demonstrate alternative 
          means to prevent toxic pollution; requiring facilities 
          to develop plans to prevent toxic pollution and to 
          submit progress reports; imposing pollution prevention 
          fees; providing for chlorofluorocarbon reduction; 
          providing regulations relating to chlorofluorocarbons 
          and halons; providing penalties; appropriating money; 
          amending Minnesota Statutes 1988, section 116.70, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapters 116 and 325E; proposing 
          coding for new law as Minnesota Statutes, chapter 115D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                MINNESOTA TOXIC POLLUTION PREVENTION ACT
    Section 1.  [115D.01] [CITATION.] 
    Sections 1 to 11 may be cited as the "Minnesota toxic 
pollution prevention act." 
    Sec. 2.  [115D.02] [POLICY.] 
    (a) To protect the public health, welfare, and the 
environment, the legislature declares that it is the policy of 
the state to encourage toxic pollution prevention.  The 
preferred means of preventing toxic pollution are techniques and 
processes that are implemented at the source and that minimize 
the transfer of toxic pollutants from one environmental medium 
to another. 
    (b) The legislature intends that the programs developed 
under this act shall encourage and lead to a greater awareness 
of the need for and benefits of toxic pollution prevention, and 
to a greater degree of cooperation and coordination among all 
elements of government, industry, and the public in encouraging 
and carrying out pollution prevention activities. 
    Sec. 3.  [115D.03] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to this chapter. 
    Subd. 2.  [COMMISSION.] "Commission" means the emergency 
response commission under section 299K.03. 
    Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the pollution control agency. 
    Subd. 4.  [DIRECTOR.] "Director" means the director of the 
office of waste management. 
    Subd. 5.  [ELIGIBLE RECIPIENTS.] "Eligible recipients" 
means persons who use, generate, or release toxic pollutants, 
hazardous substances, or hazardous wastes. 
    Subd. 6.  [FACILITY.] "Facility" means all buildings, 
equipment, structures, and other stationary items that are 
located on a single site or on contiguous or adjacent sites and 
that are owned or operated by the same person, or by any person 
who controls, is controlled by, or is under common control with 
such person. 
    Subd. 7.  [PERSON.] "Person" means any individual, 
partnership, association, public or private corporation or other 
entity including the United States government, any interstate 
body, the state and any agency, department or political 
subdivision of the state.  
    Subd. 8.  [POLLUTION PREVENTION OR PREVENT POLLUTION.] 
"Pollution prevention" or "prevent pollution" means eliminating 
or reducing at the source the use, generation, or release of 
toxic pollutants, hazardous substances, and hazardous wastes. 
    Subd. 9.  [REDUCE, REDUCING, OR REDUCTION.] "Reduce," 
"reducing," or "reduction" means lessening the quantity or 
toxicity of toxic pollutants, hazardous substances, and 
hazardous wastes used, generated, or released at the source.  
Methods of reducing pollution include, but are not limited to, 
process modification, inventory control measures, feedstock 
substitutions, various housekeeping and management practices, 
and improved efficiency of machinery.  Decreases in quantity or 
toxicity are not reductions where the decrease is solely the 
result of a decrease in the output of the facility. 
    Subd. 10.  [RELEASE.] "Release" means any spilling, 
leaking, pumping, pouring, emitting, emptying, discharging, 
injecting, escaping, leaching, dumping, or disposing into the 
environment which occurred at a point in time or which continues 
to occur.  
    "Release" does not include:  
    (1) emissions from the engine exhaust of a motor vehicle, 
rolling stock, aircraft, watercraft, or pipeline pumping station 
engine; 
    (2) release of source, by-product, or special nuclear 
material from a nuclear incident, as those terms are defined in 
the Atomic Energy Act of 1954, under United States Code, title 
42, section 2014, if the release is subject to requirements with 
respect to financial protection established by the federal 
Nuclear Regulatory Commission under United States Code, title 
42, section 2210; 
    (3) release of source, by-product or special nuclear 
material from any processing site designated pursuant to the 
Uranium Mill Tailings Radiation Control Act of 1978, under 
United States Code, title 42, section 7912(a)(1) or 7942(a); or 
    (4) any release resulting from the application of 
fertilizer or agricultural or silvicultural chemicals, or 
disposal of emptied pesticide containers or residues from a 
pesticide as defined in section 18B.01, subdivision 18.  
    Subd. 11.  [TOXIC POLLUTANT.] "Toxic pollutant" means a 
chemical identified in United States Code, title 42, section 
11023(c). 
    Sec. 4.  [115D.04] [POLLUTION PREVENTION ASSISTANCE 
PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT.] The director shall 
establish a pollution prevention assistance program to assist 
eligible recipients in preventing pollution.  The program must 
emphasize techniques and processes that minimize the transfer of 
pollutants from one environmental medium to another and must 
focus primarily on toxic pollutants. 
    Subd. 2.  [ASSISTANCE.] The pollution prevention assistance 
program must include at least the following: 
    (1) a program to assemble, catalog, and disseminate 
information on pollution prevention; 
    (2) a program to provide technical research and assistance, 
including on-site consultations to identify alternative methods 
that may be applied to prevent pollution and to provide 
assistance for planning under section 7, excluding design 
engineering services; and 
    (3) outreach programs including seminars, workshops, 
training programs, and other similar activities designed to 
provide pollution prevention information and assistance to 
eligible recipients. 
    Subd. 3.  [ADMINISTRATION.] (a) The pollution prevention 
assistance program must be coordinated with other public and 
private programs that provide management and technical 
assistance to eligible recipients.  
     (b) The director may make grants to public or private 
entities to operate elements of the program.  Grantees shall 
provide periodic reports on their efforts to assist eligible 
recipients to reduce pollution. 
    Sec. 5.  [115D.05] [POLLUTION PREVENTION GRANTS.] 
    Subdivision 1.  [PURPOSE.] The director may make grants to 
study or demonstrate the feasibility of applying specific 
technologies and methods to prevent pollution. 
    Subd. 2.  [ELIGIBILITY.] (a) Eligible recipients may 
receive grants under this section. 
    (b) Grants may be awarded up to a maximum of two-thirds of 
the total cost of the project.  Grant money awarded under this 
section may not be spent for capital improvements or equipment. 
    Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) In 
determining whether to award a grant, the director shall 
consider at least the following: 
    (1) the potential of the project to prevent pollution; 
    (2) the likelihood that the project will develop techniques 
or processes that will minimize the transfer of pollution from 
one environmental medium to another; 
    (3) the extent to which information to be developed through 
the project will be applicable to other persons in the state; 
    (4) the willingness of the grant applicant to implement 
feasible methods and technologies developed under the grant; 
    (5) the willingness of the grant applicant to assist the 
director in disseminating information about the pollution 
prevention methods to be developed through the project; and 
    (6) the extent to which the project will conform to the 
pollution prevention policy established in section 2. 
    (b) The director shall adopt rules to administer the grant 
program.  Prior to completion of any new rulemaking, the 
director may administer the program under the procedures 
established in rules promulgated under section 115A.154. 
    Sec. 6.  [115D.06] [GOVERNOR'S AWARD FOR EXCELLENCE IN 
POLLUTION PREVENTION.] 
    The governor may issue annual awards in the form of a 
commendation for excellence in pollution prevention.  
Applications for these awards shall be administered by the 
director. 
    Sec. 7.  [115D.07] [TOXIC POLLUTION PREVENTION PLANS.] 
    Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
PLAN.] (a) Persons who operate a facility required by United 
States Code, title 42, section 11023, to submit a toxic chemical 
release form shall prepare a toxic pollution prevention plan for 
that facility.  The plan must contain the information listed in 
subdivision 2. 
    (b) Except for facilities that release less than a total of 
10,000 pounds of toxic pollutants annually, the plan must be 
completed as follows: 
   (1) on or before July 1, 1991, for facilities having a 
two-digit standard industrial classification of 35 to 39; 
   (2) by January 1, 1992, for facilities having a two-digit 
standard industrial classification of 28 to 34; and 
   (3) by July 1, 1992, for all other persons required to 
prepare a plan under this subdivision. 
     (c) Facilities that release less than a total of 10,000 
pounds of toxic pollutants annually must complete their plans by 
July 1, 1992. 
    (d) Each plan must be updated every two years and must be 
maintained at the facility to which it pertains. 
    Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
prevention plan must establish a program identifying the 
specific technically and economically practicable steps that 
could be taken during at least the three years following the 
date the plan is due, to eliminate or reduce the generation or 
release of toxic pollutants reported by the facility.  Toxic 
pollutants resulting solely from research and development 
activities need not be included in the plan.  
     (b) At a minimum, each plan must include: 
    (1) a policy statement articulating upper management 
support for eliminating or reducing the generation or release of 
toxic pollutants at the facility; 
    (2) a description of the current processes generating or 
releasing toxic pollutants that specifically describes the 
types, sources, and quantities of toxic pollutants currently 
being generated or released by the facility; 
    (3) a description of the current and past practices used to 
eliminate or reduce the generation or release of toxic 
pollutants at the facility and an evaluation of the 
effectiveness of these practices; 
    (4) an assessment of technically and economically 
practicable options available to eliminate or reduce the 
generation or release of toxic pollutants at the facility, 
including options such as changing the raw materials, operating 
techniques, equipment and technology, personnel training, and 
other practices used at the facility.  The assessment may 
include a cost benefit analysis of the available options; 
    (5) a statement of objectives based on the assessment in 
clause (4) and a schedule for achieving those objectives.  
Wherever technically and economically practicable, the 
objectives for eliminating or reducing the generation or release 
of each toxic pollutant at the facility must be expressed in 
numeric terms.  Otherwise, the objectives must include a clearly 
stated list of actions designed to lead to the establishment of 
numeric objectives as soon as practicable; 
    (6) an explanation of the rationale for each objective 
established for the facility; 
    (7) a listing of options that were considered not to be 
economically and technically practicable; and 
    (8) a certification, signed and dated by the facility 
manager and an officer of the company under penalty of section 
609.63, attesting to the accuracy of the information in the plan.
    Sec. 8.  [115D.08] [PROGRESS REPORTS.] 
    Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS 
REPORT.] (a) All persons required to prepare a toxic pollution 
prevention plan under section 7 shall submit an annual progress 
report to the commissioner that may be drafted in a manner that 
does not disclose proprietary information.  Progress reports are 
due on October 1 of each year.  The first progress reports are 
due in 1992.  
     (b) At a minimum, each progress report must include: 
    (1) a summary of each objective established in the plan 
including the schedule for meeting the objective; 
    (2) a summary of progress made during the past year, if 
any, toward meeting each objective established in the plan 
including the quantity of each toxic pollutant eliminated or 
reduced; 
    (3) a statement of the methods through which elimination or 
reduction has been achieved; 
    (4) if necessary, an explanation of the reasons objectives 
were not achieved during the previous year, including 
identification of any technological, economic, or other 
impediments the facility faced in its efforts to achieve its 
objectives; and 
    (5) a certification, signed and dated by the facility 
manager and an officer of the company under penalty of section 
609.63, attesting that a plan meeting the requirements of 
section 7 has been prepared and also attesting to the accuracy 
of the information in the progress report. 
    Subd. 2.  [REVIEW OF PROGRESS REPORTS.] (a) The 
commissioner shall review all progress reports to determine if 
they meet the requirements of subdivision 1.  If the 
commissioner determines that a progress report does not meet the 
requirements, the commissioner shall notify the facility in 
writing and shall identify specific deficiencies and specify a 
reasonable time period of not less than 90 days for the facility 
to modify the progress report. 
    (b) The commissioner shall be given access to a facility 
plan required under section 7 if the commissioner determines 
that the progress report for that facility does not meet the 
requirements of subdivision 1.  Twenty-five or more persons 
living within ten miles of the facility may submit a petition to 
the commissioner that identifies specific deficiencies in the 
progress report and requests the commissioner to review the 
facility plan.  Within 30 days after receipt of the petition, 
the commissioner shall respond in writing.  If the commissioner 
agrees that the progress report does not meet requirements of 
subdivision 1, the commissioner shall be given access to the 
facility plan. 
    (c) After reviewing the plan and the progress report with 
any modifications submitted, the commissioner shall state in 
writing whether the progress report meets the requirements of 
subdivision 1.  If the commissioner determines that a modified 
progress report still does not meet the requirements of 
subdivision 1, the commissioner shall schedule a public 
meeting.  The meeting shall be held in the county where the 
facility is located.  The meeting is not subject to the 
requirements of chapter 14. 
    (d) The facility shall be given the opportunity to amend 
the progress report within a period of not less than 30 days 
after the public meeting. 
    (e) If the commissioner determines that a modified progress 
report still does not meet the requirements of subdivision 1, 
action may be taken under section 115.071 to obtain compliance 
with sections 1 to 11. 
    Sec. 9.  [115D.09] [CONFIDENTIALITY.] 
    Information and techniques developed under section 4, the 
reduction information and techniques under section 5, and the 
progress reports required under section 8 are public data under 
chapter 13.  The plans required under section 7 are nonpublic 
data under chapter 13. 
    Sec. 10.  [115D.10] [TOXIC POLLUTION PREVENTION EVALUATION 
REPORT.] 
    The director, in cooperation with the commissioner and 
commission, shall report to the environment and natural 
resources committees of the legislature annually on progress 
being made in achieving the objectives of sections 1 to 11.  The 
report must be submitted by December 15 of each year, beginning 
in 1992. 
    Sec. 11.  [115D.12] [POLLUTION PREVENTION FEES.] 
    Subdivision 1.  [IMPOSITION.] The pollution prevention fees 
in this section are imposed on persons and facilities under 
subdivision 2, paragraphs (a) and (b): 
    Subd. 2.  [FEES.] (a) Persons required by United States 
Code, title 42, section 11023, to submit a toxic chemical 
release form to the commission shall pay a pollution prevention 
fee of $150 for each toxic pollutant reported released plus a 
fee based on the total pounds of toxic pollutants reported as 
released from each facility.  Facilities reporting less than 
25,000 pounds annually of toxic pollutants released per facility 
shall be assessed a fee of $500.  Facilities reporting annual 
releases of toxic pollutants in excess of 25,000 pounds shall be 
assessed a graduated fee at the rate of two cents per pound of 
toxic pollutants reported, not to exceed a total of $30,000 per 
facility. 
    (b) Persons who generate more than 1,000 kilograms of 
hazardous waste per month but who are not subject to the fee 
under paragraph (a) must pay a pollution prevention fee of $500 
per facility.  Hazardous waste as used in this paragraph has the 
meaning given it in section 116.06, subdivision 13, and 
Minnesota Rules, chapter 7045. 
    (c) Fees required under this subdivision must be paid to 
the director by January 1 of each year.  The fees shall be 
deposited in the state treasury and credited to the 
environmental fund.  
    Sec. 12.  [REPORTS TO THE LEGISLATURE.] 
    Subdivision 1.  [REPORT ON BARRIERS TO POLLUTION 
PREVENTION.] By January 1, 1991, the director shall prepare and 
submit a report to the environment and natural resources 
committees of the legislature analyzing the barriers to 
pollution prevention.  At a minimum, the director shall report 
on regulatory, economic, educational, and institutional barriers 
and shall recommend strategies to overcome these barriers.  
Further, the report shall describe ways in which government may 
serve as a role model in pollution prevention. 
    Subd. 2.  [REPORT ON TOXIC POLLUTANTS USE REPORTING.] By 
January 1, 1993, the director shall prepare and submit a report 
to the environment and natural resources committees of the 
legislature evaluating the utility of requiring companies to 
prepare toxic pollutant use reports and reduction plans.  The 
report shall discuss, among other information, the potential 
uses of the data and the potential impact of such requirements 
on pollution prevention efforts.  The report also shall discuss 
the need for a chemical accident prevention program to promote 
safety initiatives by industry.  The report shall contain a 
recommendation as to whether to require toxic pollutant use 
reports and reduction plans. 
    Sec. 13.  [APPROPRIATIONS.] 
    Subdivision 1.  [OFFICE OF WASTE MANAGEMENT.] $847,000 is 
appropriated from the environmental fund to the office of waste 
management to be available for the biennium ending June 30, 1991:
     (a) For pollution prevention assistance
to eligible recipients                               $560,000
     (b) For pollution prevention grants             $150,000
     (c) For reports to the legislature and 
administration of sections 1 to 12                   $137,000
    The approved complement of the office is increased by three 
positions. 
    Subd. 2.  [POLLUTION CONTROL AGENCY.] $45,000 is 
appropriated from the environmental fund to the pollution 
control agency to be available for the biennium ending June 30, 
1991, for the purposes specified in sections 1 to 12.  
    The approved complement of the agency is increased by one 
position. 
    Subd. 3.  [DEPARTMENT OF PUBLIC SAFETY.] $48,000 is 
appropriated from the environmental fund to the department of 
public safety to be available for the biennium ending June 30, 
1991, to ensure timely and accurate submittal of the toxic 
chemical release forms and annual progress reports in sections 1 
to 12.  
    The approved complement of the department of public safety 
is increased by one position. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 13 are effective the day after final 
enactment. 

                                ARTICLE 2 

               COMPREHENSIVE CHLOROFLUOROCARBON REDUCTION 

                       AND RECYCLING ACT OF 1990 
    Section 1.  [CITATION.] 
    Sections 1 to 8 may be cited as the "comprehensive 
chlorofluorocarbon reduction and recycling act of 1990." 
    Sec. 2.  [PURPOSE.] 
    It is the intent of the legislature to reduce the amount of 
CFCs used and emitted in Minnesota.  Towards this goal, it is 
the legislature's intent that Minnesota industries use 
alternative chemicals when available and feasible.  Where no 
alternative exists, CFCs should be recaptured and recycled 
whenever possible. 
    Sec. 3.  Minnesota Statutes 1988, section 116.70, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 116.71 to 116.73 116.734. 
    Sec. 4.  [116.731] [REQUIREMENTS TO RECYCLE CFCS.] 
    Subdivision 1.  [SALVAGE AUTOMOBILES.] A person who 
processes automobiles for salvage must remove CFCs for recycling 
prior to disposal or sale of the materials containing CFCs.  
This subdivision does not apply to crushed automobiles or 
automobiles that have been processed in a manner that makes 
removal and recovery of CFCs impossible. 
    Subd. 2.  [REFRIGERATION EQUIPMENT.] A person processing 
scrap refrigerators, central air conditioning units, or freezers 
must remove and recycle, destroy, or properly dispose of the 
CFCs. 
    Subd. 3.  [MOBILE AIR CONDITIONING EQUIPMENT.] A person 
servicing or removing mobile air conditioning equipment must: 
    (1) recapture CFCs, provide storage for recaptured CFCs, 
and transfer recaptured CFCs to a recycler; or 
    (2) recapture CFCs and recycle the CFCs to an allowed use. 
    Subd. 4.  [SERVICING OF APPLIANCES.] (a) A person servicing 
refrigerators, central air conditioning units, or freezers must: 
    (1) recapture CFCs, provide storage for recaptured CFCs, 
and transfer recaptured CFCs to a recycler; or 
    (2) recapture CFCs and recycle the CFCs to an allowed use. 
    (b) The recovered CFCs may be properly disposed of or 
destroyed. 
    Subd. 5.  [FOAM NOT REQUIRED TO BE RECYCLED.] This section 
does not require recycling of rigid or flexible foam.  
    Subd. 6.  [RULES.] The agency shall adopt rules for 
recycling CFCs and establish standards for CFC recycling 
equipment under this section. 
    Sec. 5.  [116.732] [REQUIREMENT TO RECYCLE FIRE 
EXTINGUISHER HALONS.] 
    A person who recharges, services, or retires fire 
extinguishers must recapture and recycle halons. 
    Sec. 6.  [116.733] [MEDICAL DEVICE EXEMPTION.] 
    Sections 1 to 5 do not apply to processes using CFCs or 
halons on medical devices, in sterilization processes in health 
care facilities, or by a person or facility in manufacturing or 
selling of medical devices.  
    Sec. 7.  [116.734] [UNIFORM CFC REGULATION.] 
    It is the policy of this state to regulate and manage CFCs 
in a uniform manner throughout the state.  Political 
subdivisions may not adopt, and are preempted from adopting or 
enforcing, requirements relating to CFCs that are different than 
state law. 
    Sec. 8.  [325E.38] [SALE OF CERTAIN CFC PRODUCTS 
PROHIBITED.] 
    Subdivision 1.  [MOTOR VEHICLE COOLANTS.] A person may not 
offer for sale or sell CFC coolants in containers weighing less 
than 15 pounds that are designed for or are suitable for use in 
motor vehicle air conditioners except to persons who possess CFC 
recycling equipment and who present proof of ownership of CFC 
recycling equipment at the time of purchase. 
    Subd. 2.  [SOLVENTS.] A person may not offer for sale or 
sell solvents containing CFCs in containers weighing 15 pounds 
or less. 
    Subd. 3.  [PARTY STREAMERS.] A person may not offer for 
sale or sell CFC propelled party streamers.  
    Subd. 4.  [NOISE HORNS.] A person may not offer for sale or 
sell CFC noise horns.  
    Subd. 5.  [CFC DEFINITION.] For purposes of this section, 
the term "CFC" has the definition given in section 116.70, 
subdivision 3. 
    Subd. 6.  [APPLICABILITY TO NEW CHEMICALS.] For each new 
chemical added to section 116.70, subdivision 3, after the 
effective date of this act, the application of this section to 
the new chemical is effective on the date specified for 
elimination of production of that chemical in the Montreal 
Treaty. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Section 4, subdivisions 1 and 2, are effective July 1, 
1991.  Section 4, subdivision 4, is effective July 1, 1992.  
Section 4, subdivision 3, and section 8, subdivisions 1 to 4, 
are effective January 1, 1993. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 6:00 p.m.