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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1992 

                        CHAPTER 546-H.F.No. 2437 
           An act relating to the environment; pollution control; 
          eliminating a fee limit; conforming certain pollution 
          control measures to federal Clean Air Act amendments; 
          authorizing assessment of emission fees; changing 
          method used for calculating emission fees; changing 
          the definition of chlorofluorocarbons; establishing a 
          small business air quality compliance assistance 
          program; providing for the appointment of an ombudsman 
          for small business air quality compliance assistance; 
          creating a small business air quality compliance 
          advisory council; requiring a report on the role of 
          the pollution control agency board; requiring a 
          monitoring program and certain studies and reports; 
          amending Minnesota Statutes 1990, sections 115D.12, 
          subdivision 2; and 116.70, subdivision 3; Minnesota 
          Statutes 1991 Supplement, section 116.07, subdivision 
          4d; proposing coding for new law in Minnesota 
          Statutes, chapter 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 115D.12, 
subdivision 2, is amended to read: 
    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. 2.  Minnesota Statutes 1991 Supplement, section 
116.07, subdivision 4d, is amended to read: 
    Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
fees in amounts not greater than those necessary to cover the 
reasonable costs of reviewing and acting upon applications for 
agency permits and implementing and enforcing the conditions of 
the permits pursuant to agency rules.  Permit fees shall not 
include the costs of litigation.  The agency shall adopt rules 
under section 16A.128 establishing the amounts and methods of 
collection of any permit fees collected under this subdivision.  
The fee schedule must reflect reasonable and routine permitting, 
implementation, and enforcement costs.  The agency may impose an 
additional enforcement fee to be collected for a period of up to 
two years to cover the reasonable costs of implementing and 
enforcing the conditions of a permit under the rules of the 
agency.  Any money collected under this paragraph shall be 
deposited in the special revenue account. 
     (b) Notwithstanding paragraph (a), and section 16A.128, 
subdivision 1, the agency shall collect an annual fee from the 
owner or operator of all stationary sources, emission 
facilities, emissions units, air contaminant treatment 
facilities, treatment facilities, potential air contaminant 
storage facilities, or storage facilities subject to the 
requirement to obtain a permit under Title V of the federal 
Clean Air Act Amendments of 1990, Public Law Number 101-549, 
Statutes at Large, volume 104, pages 2399 et seq., or section 
116.081.  The annual fee shall be used to pay for all direct and 
indirect reasonable costs, including attorney general costs, 
required to develop and administer the permit program 
requirements of Title V of the federal Clean Air Act Amendments 
of 1990, Public Law Number 101-549, Statutes at Large, volume 
104, pages 2399 et seq., and sections of this chapter and the 
rules adopted under this chapter related to air contamination 
and noise.  Those costs include the reasonable costs of 
reviewing and acting upon an application for a permit; 
implementing and enforcing statutes, rules, and the terms and 
conditions of a permit; emissions, ambient, and deposition 
monitoring; preparing generally applicable regulations; 
responding to federal guidance; modeling, analyses, and 
demonstrations; preparing inventories and tracking emissions; 
providing information to the public about these activities; and, 
after June 30, 1992, the costs of acid deposition monitoring 
currently assessed under section 116C.69, subdivision 3. 
    (c) The agency shall adopt fee rules in accordance with the 
procedures in section 16A.128, subdivisions 1a and 2a, that will 
result in the collection, in the aggregate, from the sources 
listed in paragraph (b), of the following amounts: 
    (1) in fiscal years 1992 and 1993, the amount appropriated 
by the legislature from the air quality account in the 
environmental fund for the agency's air quality program; and 
    (2) for fiscal year 1994 and thereafter, an amount not less 
than $25 per ton of each volatile organic compound; pollutant 
regulated under United States Code, title 42, section 7411 or 
7412 (section 111 or 112 of the federal Clean Air Act); 
pollutant regulated under Minnesota Rules, chapter 7005; and 
each pollutant, except carbon monoxide, for which a national or 
state primary ambient air quality standard has been promulgated 
.; and 
    (3) for fiscal year 1994 and thereafter, the agency fee 
rules may also result in the collection, in the aggregate, from 
the sources listed in paragraph (b), of an amount not less than 
$25 per ton of each pollutant not listed in clause (2) that is 
regulated under Minnesota Rules, chapter 7005, or for which a 
state primary ambient air quality standard has been adopted.  
The agency must not include in the calculation of the aggregate 
amount to be collected under the fee rules any amount in excess 
of 4,000 tons per year of each air pollutant from a source. 
    (d) To cover the reasonable costs described in paragraph 
(b), the agency shall provide in the rules promulgated under 
paragraph (c) for an increase in the fee collected in each year 
beginning after 1990 fiscal year 1993 by the percentage, if any, 
by which the Consumer Price Index for the most recent calendar 
year ending before the beginning of the year the fee is 
collected exceeds the Consumer Price Index for the calendar year 
1989.  For purposes of this paragraph the Consumer Price Index 
for any calendar year is the average of: 
    (1) the Consumer Price Index for all-urban consumers 
published by the United States Department of Labor, as of the 
close of the 12-month period ending on August 31 of each 
calendar year; and. 
    (2) The revision of the Consumer Price Index that is most 
consistent with the Consumer Price Index for calendar year 
1989 shall be used. 
    (e) Any money collected under paragraphs (b) to (d) must be 
deposited in an air quality account in the environmental fund 
and must be used solely for the activities listed in paragraph 
(b). 
    (f) The agency shall adopt the fee rules for this 
subdivision by September 1, 1991. 
     Sec. 3.  [116.454] [MONITORING PROGRAM.] 
    By July 1, 1993, the agency shall establish a statewide 
monitoring program for, and inventory of probable sources of, 
releases into the air, ambient concentrations in the air, and 
deposition from the air of toxic substances. 
    Sec. 4.  Minnesota Statutes 1990, section 116.70, 
subdivision 3, is amended to read: 
    Subd. 3.  [CHLOROFLUOROCARBONS OR CFC'S.] 
"Chlorofluorocarbons," or "CFC's" means the substances 
identified in the Montreal Treaty as:  CFC-11, CFC13; CFC-12, 
CF2C12; CFC-113, C2F3C13; CFC-114, C2F4C12; CFC-115, C2F5C1; 
Halon-1211, CF2BrC1; Halon-1301, CF3Br; and Halon-2402, C2F4Br 
2.  Chlorofluorocarbons or CFC's also includes substances 
identified by the agency by rule as being included or added to 
the Montreal Treaty as Class I or Class II substances under 
section 602 of the Clean Air Act, United States Code, title 42, 
section 7401 et seq., as amended by the Clean Air Act Amendments 
of 1990, Public Law Number 101-549. 

        SMALL BUSINESS AIR QUALITY COMPLIANCE ASSISTANCE PROGRAM
    Sec. 5.  [116.95] [CITATION.] 
    Sections 6 to 9 may be cited as the "small business air 
quality compliance assistance act." 
    Sec. 6.  [116.96] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 6 to 9. 
    Subd. 2.  [AGENCY.] "Agency" means the pollution control 
agency. 
    Subd. 3.  [CLEAN AIR ACT.] "Clean Air Act" means the 
federal Clean Air Act, United States Code, title 42, section 
7401 et seq., as amended. 
    Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
commissioner of the pollution control agency. 
    Subd. 5.  [REGULATED POLLUTANT.] "Regulated pollutant" 
means: 
    (1) a volatile organic compound that participates in 
atmospheric photochemical reactions; 
    (2) a pollutant for which a national ambient air quality 
standard has been promulgated; 
    (3) a pollutant that is addressed by a standard promulgated 
under section 7411 or 7412 of the Clean Air Act; or 
    (4) any pollutant that is regulated under Minnesota Rules, 
chapter 7005, or for which a state ambient air quality standard 
has been adopted. 
    Subd. 6.  [SMALL BUSINESS STATIONARY SOURCE.] "Small 
business stationary source" means a business that: 
    (1) is owned or operated by a person that employs 100 or 
fewer individuals; 
    (2) is a small business concern as defined in the Small 
Business Act, United States Code, title 15, section 632(a); 
    (3) is not a major stationary source as defined in section 
7661 of the Clean Air Act; 
    (4) does not emit 50 tons or more per year of any regulated 
pollutant; and 
    (5) emits less than 75 tons per year of all regulated 
pollutants. 
    Sec. 7.  [116.97] [SMALL BUSINESS AIR QUALITY COMPLIANCE 
ASSISTANCE PROGRAM.] 
    Subdivision 1.  [CREATION.] The commissioner shall 
establish a small business air quality compliance assistance 
program that incorporates the small business stationary source 
technical and environmental compliance assistance program 
required by section 7661f of the Clean Air Act. 
    Subd. 2.  [REQUIREMENTS.] The commissioner shall ensure 
that the program provides at least the following: 
    (1) direct, timely, one-on-one information and technical 
assistance to small businesses that are stationary sources on 
matters including, but not limited to, their legal rights and 
obligations under federal and state air quality laws and 
regulations, applicable requirements and alternatives for 
achieving compliance, permit procedures, preparation of permit 
applications, sources of technical expertise, consequences of 
operating in violation, enforcement, fines, penalties, and 
appeals; 
    (2) a clearinghouse to provide information and referral to 
appropriate technical experts concerning Clean Air Act 
regulatory requirements, compliance methods, and control 
technologies; 
    (3) information and assistance on methods of pollution 
prevention and the prevention and detection of accidental 
releases; 
    (4) audits of the operations of small business stationary 
sources to determine compliance with federal and state air 
quality laws and regulations, or establishment of a procedure 
for referring sources to qualified auditors.  Audits may 
include, but need not be limited to, an evaluation of work 
practices, compliance monitoring procedures, record keeping 
requirements, and technical assistance on pollution prevention 
opportunities and control options; 
    (5) to the extent permitted by federal and state air 
quality laws and regulations, procedures for responding to 
requests from small business stationary sources for modification 
of work practices or methods compliance because of the financial 
or technological capability of the source; and 
    (6) coordination of efforts with trade associations, small 
business assistance providers, and federal, state, and local 
governmental agencies that provide information and technical 
assistance to small businesses, in order to maximize the 
information and assistance available to small businesses and to 
prevent duplication of effort and services. 
    Sec. 8.  [116.98] [OMBUDSMAN FOR SMALL BUSINESS AIR QUALITY 
COMPLIANCE ASSISTANCE PROGRAM.] 
    Subdivision 1.  [APPOINTMENT.] The commissioner shall 
appoint an ombudsman for small business air quality compliance 
assistance in the classified service. 
    Subd. 2.  [DUTIES.] The ombudsman shall provide direct 
oversight of the small business air quality compliance 
assistance program.  The ombudsman's duties include, but are not 
limited to: 
    (1) conducting independent evaluations of all aspects of 
the program; 
    (2) monitoring, reviewing, and providing comments and 
recommendations to federal, state, and local air quality 
authorities on laws and regulations that impact small 
businesses; 
    (3) facilitating and promoting the participation of small 
businesses in the development of laws and regulations that 
affect them; 
    (4) providing reports to federal, state, and local air 
quality authorities and the public on the requirements of the 
Clean Air Act and their impact on small businesses; 
    (5) disseminating information concerning proposed air 
quality regulations, control technologies, and other information 
to small businesses and other interested parties; 
    (6) participating in and sponsoring meetings and 
conferences concerning air quality laws and regulations with 
state and local regulatory officials, industry groups, and small 
business representatives; 
    (7) investigating and assisting in the resolution of 
complaints and disputes from small businesses against state or 
local air quality authorities; 
    (8) periodically reviewing the work and services provided 
by the program with trade associations and small business 
representatives; 
    (9) operating a toll-free telephone line to provide free, 
confidential help on individual source problems and grievances; 
    (10) referring small businesses to appropriate technical 
specialists for information and assistance on affordable 
alternative technologies, process changes, products, and 
operational methods to help reduce air pollution and accidental 
releases; 
    (11) arranging for and assisting in the preparation of 
program guideline documents to ensure that the language is 
readily understandable by the lay person; 
    (12) establishing cooperative programs with trade 
associations and small businesses to promote and achieve 
voluntary compliance with federal and state air quality laws and 
regulations; 
    (13) establishing cooperative programs with federal, state, 
and local governmental entities and the private sector to assist 
small businesses in securing sources of funds to comply with 
federal, state, and local air quality laws and regulations; 
    (14) conducting studies to evaluate the impacts of federal 
and state air quality laws and regulations on the state's 
economy, local economies, and small businesses; 
    (15) serving as a voting member of the small business air 
quality compliance advisory council established by section 12; 
and 
    (16) performing the ombudsman's duties in cooperation and 
coordination with governmental entities and private 
organizations as appropriate so as to eliminate overlap and 
duplication to the extent practicable. 
    Subd. 3.  [INDEPENDENCE OF ACTION.] In carrying out the 
duties imposed by sections 6 to 9, the ombudsman may act 
independently of the agency in providing testimony to the 
legislature, contacting and making periodic reports to federal 
and state officials as necessary to carry out the duties imposed 
by sections 6 to 9, and addressing problems of concern to small 
businesses. 
    Subd. 4.  [QUALIFICATIONS.] The ombudsman must be 
knowledgeable about federal and state air quality laws and 
regulations, control technologies, and federal and state 
legislative and regulatory processes.  The ombudsman must be 
experienced in dealing with both private enterprise and 
governmental entities, arbitration and negotiation, 
interpretation of laws and regulations, investigation, record 
keeping, report writing, public speaking, and management. 
    Subd. 5.  [OFFICE SUPPORT.] The commissioner shall provide 
the ombudsman with the necessary office space, supplies, 
equipment, and clerical support to effectively perform the 
duties imposed by sections 6 to 9. 
    Sec. 9.  [116.99] [SMALL BUSINESS AIR QUALITY COMPLIANCE 
ADVISORY COUNCIL.] 
    Subdivision 1.  [CREATION.] A small business air quality 
compliance assistance advisory council is established within the 
agency. 
    Subd. 2.  [DUTIES.] The council has the following duties: 
    (1) rendering advisory opinions on the effectiveness of the 
program, difficulties encountered, and degree and severity of 
enforcement; 
    (2) preparing periodic reports on matters relating to the 
program as requested by appropriate federal and state agencies; 
    (3) reviewing information for sources to ensure the 
information is complete, comprehensive, and understandable to 
the lay person; and 
    (4) other duties it finds appropriate to comply with 
applicable federal or state air quality laws and regulations. 
    Subd. 3.  [MEMBERSHIP.] The council consists of the 
following members: 
    (1) two members appointed by the governor who represent the 
general public and are not owners or representatives of owners 
who are small business stationary sources; 
    (2) the commissioner or the commissioner's designee, who 
shall represent the agency; 
    (3) four members appointed by the legislature who are 
owners or representatives of owners of small business stationary 
sources; 
    (4) the director of the office of waste management or the 
director's designee; and 
    (5) the commissioner of trade and economic development or 
the commissioner's designee. 
     The majority and minority leaders of the house of 
representatives and the senate shall each appoint one of the 
members listed in clause (3). 
    Subd. 4.  [MEMBERSHIP TERMS; COMPENSATION; REMOVAL.] The 
membership terms, compensation, and removal of council members 
are governed by section 15.0575, except that subdivision 5 does 
not apply. 
    Subd. 5.  [CHAIR.] The council shall select its chair by a 
majority vote. 
    Subd. 6.  [PROGRAM.] The council may set its own agenda and 
work program, consistent with the requirements of the Clean Air 
Act, after consultation with the commissioner and the small 
business ombudsman established by this chapter. 
    Subd. 7.  [FUNDING.] The commissioner shall allocate and 
administer the funds reasonably necessary to cover the 
operational costs of the council. 
    Subd. 8.  [STAFF.] The commissioner shall provide staff 
services reasonably required by the council. 
     Sec. 10.  [REPORT ON ROLE OF POLLUTION CONTROL AGENCY 
BOARD.] 
    (a) The pollution control agency board shall study and 
develop recommendations on what the board's role should be in 
formulating, implementing, and enforcing environmental policy in 
the state.  In developing the recommendations, the board shall 
consider: 
    (1) the comments of the legislative auditor on the board's 
role, as contained in the auditor's report dated January, 1991; 
and 
    (2) any other relevant factors not addressed in the 
auditor's report. 
    (b) By January 15, 1993, the board shall report the results 
of the study to the legislative policy committees having 
jurisdiction over environmental and natural resource issues and 
the environment and natural resource divisions of the senate 
finance and house appropriations committees.  In addition to the 
board's recommendations, the report must include: 
    (1) specific discussion of each of the legislative 
auditor's recommendations on the board's role; and 
    (2) a plan for implementing the board's recommendations, 
including proposed legislation. 
     Sec. 11.  [VIDEO DISPLAY TERMINAL OPERATOR HEALTH STUDY.] 
    The commissioner of labor and industry shall review and 
identify the occupational health problems associated with the 
operation of video display terminals.  The commissioner shall 
review existing literature on the subject and may conduct 
additional research.  The commissioner shall recommend solutions 
to any health problems that are identified. 
    The commissioner shall study the potential savings and 
benefits to employers in reduced days lost off work due to 
providing ergonomically correct work stations, antiglare 
screens, and other features and programs, including amount of 
time in front of video display terminals, also education and 
training, designed to prevent injury or illness to video display 
terminal operators.  The commissioner shall also study the 
effects of implementation of other state, county, and city laws, 
regulations, and ordinances regulating video display terminal 
operators and the ability of employers to comply with those 
laws, regulations, and ordinances. 
    The commissioner shall report the results of the study and 
make recommendations to the legislature by February 15, 1993. 
    Sec. 12.  [REPORT ON RULEMAKING ACTIVITIES.] 
    By January 1, 1993, the commissioner of the pollution 
control agency shall submit to the legislative commission to 
review administrative rules and legislative committees having 
jurisdiction over environmental and natural resource issues a 
report describing the ongoing rulemaking activities of the 
agency as of that date and any additional rulemaking activities 
the agency plans to begin before July 1, 1993. 
    Sec. 13.  [FUNDING FOR MONITORING PROGRAM.] 
    The monitoring program established under section 3 must be 
implemented to the extent allowed by the additional revenues 
generated by section 1. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Section 4 is effective the day after final enactment.  
Section 1 is effective for fees collected in fiscal year 1994 
and thereafter. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:04 a.m.