Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 37-H.F.No. 1334 
                  An act relating to natural resources; modifying 
                  certain exemptions for an iron nugget production scale 
                  demonstration facility; amending Laws 2004, chapter 
                  220, section 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Laws 2004, chapter 220, section 1, is amended 
        to read: 
           Section 1.  [ENVIRONMENTAL REVIEW; IRON NUGGET PRODUCTION 
        SCALE DEMONSTRATION FACILITY EXEMPTION.] 
           (a) The first iron nugget production scale demonstration 
        facility that meets all of the criteria in this section shall be 
        exempt from environmental review under Minnesota Statutes, 
        chapter 116D and Minnesota Rules, chapter 4410.  The qualifying 
        project must: 
           (1) be the first iron nugget production scale demonstration 
        facility in Minnesota; 
           (2) involve a single rotary hearth furnace of maximum 
        outside pitch circle diameter, as measured from the midpoint of 
        hearth to the midpoint of hearth, of 60 meters; 
           (3) be located outside the area adjacent to the north shore 
        of Lake Superior classified as the lake orientation zone in the 
        Department of Natural Resources report entitled "North Shore 
        Characterization Study"; and 
           (4) have complete permit applications submitted to the 
        appropriate state agencies in calendar year 2004 by June 30, 
        2005, for all permits required to construct and operate the 
        facility. 
           (b) The Department of Natural Resources, the Environmental 
        Quality Board, the Pollution Control Agency, and any other state 
        agency with applicable permit-granting authority shall provide 
        public notice for any necessary permits for the iron nugget 
        production scale demonstration facility within four months of 
        receiving complete applications. 
           (c) If the first iron nugget production scale demonstration 
        facility to qualify for this exemption is proposed at a 
        stationary source that has permitted taconite pellet furnaces, 
        permanent shutdown of those pellet furnaces, prior to start-up 
        of the iron nugget production scale demonstration facility, 
        shall be a requirement in the iron nugget production scale 
        demonstration facility air quality permit.  The shutdown of 
        these furnaces shall not be creditable in calculating the "net 
        emissions increase," as defined in Code of Federal Regulations, 
        title 40, section 52.21, for this project. 
           (d) The Pollution Control Agency shall strive in the 
        permitting process to assure the lowest mercury emissions 
        reasonably possible. 
           (e) Permit applications must comply with applicable law, 
        except that an iron nugget production scale demonstration 
        facility that meets the criteria in this section is exempt from 
        environmental review under Minnesota Statutes, chapter 116D and 
        Minnesota Rules, chapter 4410, and the company is not required 
        to perform an environmental review before permits are issued for 
        the iron nugget production scale demonstration facility.  
           (f) The construction and operation of the iron nugget 
        production scale demonstration facility will demonstrate whether 
        the technology is technically and economically feasible at this 
        larger scale.  Environmental data from the operation of the iron 
        nugget production scale demonstration facility may be used in 
        the environmental review and permitting of commercial scale 
        facilities built elsewhere in Minnesota. 
           (g) The exemption does not affect any existing permit 
        requirement that may require environmental review for a 
        commercial scale iron nugget facility at an existing taconite 
        facility located within the area adjacent to the north shore of 
        Lake Superior classified as the lake orientation zone in the 
        Department of Natural Resources report entitled "North Shore 
        Characterization Study." 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 2, 2005 
           Signed by the governor May 5, 2005, 3:20 p.m.