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Office of the Revisor of Statutes

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

                            CHAPTER 189-S.F.No. 780 
                  An act relating to the environment; modifying 
                  requirements for mercury testing in incinerator 
                  emissions; amending Minnesota Statutes 1996, section 
                  116.85, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 116.85, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EMISSION MONITORS.] Notwithstanding any 
        other law to the contrary, an incinerator permit that contains 
        emission limits for dioxin, cadmium, chromium, lead, or mercury 
        must, as a condition of the permit, require the installation of 
        an air emission monitoring system approved by the commissioner.  
        The monitoring system must provide continuous measurements to 
        ensure optimum combustion efficiency for the purpose of ensuring 
        optimum dioxin destruction.  The system shall also be capable of 
        providing a permanent record of monitored emissions that will be 
        available upon request to the commissioner and the general 
        public.  The commissioner shall provide periodic inspection of 
        the monitoring system to determine its continued accuracy.  
           Subd. 1a.  [MERCURY TESTING] The facility must (a) 
        Notwithstanding any other law to the contrary, a facility 
        holding an incinerator permit that contains emission limits for 
        mercury must, as a condition of the permit, conduct periodic 
        stack testing for mercury as described by this subdivision.  
        Hospital waste incinerators having a design capacity of less 
        than three million BTUs per hour may use mercury segregation 
        practices as an alternative to stack testing if allowed by 
        applicable federal requirements, with the approval of the 
        commissioner. 
           (b) A facility shall conduct stack testing for mercury at 
        intervals not to exceed 90 days three months.  An incinerator 
        facility burning greater than 30 percent by weight of 
        refuse-derived fuel facilities must conduct periodic stack 
        testing for mercury at intervals not to exceed 15 12 months 
        unless a previous test showed a permit exceedence after which 
        the agency may require quarterly testing until permit 
        requirements are satisfied.  With the approval of the 
        commissioner, an incinerator facility may use methods other than 
        stack testing for determining mercury in air emissions. 
           (c) After demonstrating that mercury emissions have been 
        below 50 percent of the facility's permitted mercury limit for 
        three consecutive years, as tested under the conditions of 
        paragraph (b), an incinerator facility may choose to conduct 
        stack testing once every three years or according to applicable 
        federal requirements, whichever is more stringent.  The facility 
        shall notify the commissioner of its alternative mercury testing 
        schedule, and the commissioner shall include operating 
        conditions in the facility's permit that ensure that the 
        facility will continue to emit mercury emissions less than 50 
        percent of the applicable standard.  
           (d) If a test conducted under the provisions of paragraph 
        (c) shows mercury emissions greater than 50 percent of the 
        facility's permitted mercury limit, the facility shall conduct 
        annual mercury stack sampling until emissions are below 50 
        percent of the facility's permitted mercury limit.  Once the 
        facility demonstrates that mercury emissions are again below 50 
        percent of the facility's permitted mercury limit, the facility 
        may resume testing every three years or according to federal 
        requirements, whichever is more stringent, upon notifying the 
        commissioner. 
           (e) In amending, modifying, or reissuing a facility's air 
        emissions permit which contains a provision that restricts 
        mercury emissions from the facility the commissioner shall, at a 
        minimum, continue that permit restriction at the same level 
        unless the applicant demonstrates that no good cause exists to 
        do so. 
           Presented to the governor May 19, 1997 
           Signed by the governor May 20, 1997, 10:42 a.m.