1.1                          A bill for an act 
  1.2             relating to environment; requiring toxic pollution 
  1.3             prevention plans to include specific provisions on 
  1.4             reducing persistent bioaccumulative toxics; providing 
  1.5             a surcharge on releases of persistent bioaccumulative 
  1.6             toxics; providing for information on persistent 
  1.7             bioaccumulative toxics for pollution permits; 
  1.8             providing funding for the pollution prevention program 
  1.9             relating to persistent bioaccumulative toxics; 
  1.10            appropriating money; amending Minnesota Statutes 2000, 
  1.11            sections 115D.03, by adding subdivisions; 115D.07, 
  1.12            subdivision 2; 115D.08, subdivision 1; 115D.10; 
  1.13            115D.12, subdivision 1, by adding a subdivision; 
  1.14            116.07, by adding a subdivision. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 115D.03, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 6b.  [LOWEST ACHIEVABLE EMISSION RATE.] "Lowest 
  1.19  achievable emission rate" means: 
  1.20     (1) the most stringent emissions limitation that is 
  1.21  contained in a state implementation plan of any state for the 
  1.22  class or category of stationary sources, unless the owner or 
  1.23  operator demonstrates that such limitations are not achievable; 
  1.24  or 
  1.25     (2) the most stringent emissions limitation that is 
  1.26  achieved in practice by the class or category of stationary 
  1.27  sources somewhere in the United States. 
  1.28     Sec. 2.  Minnesota Statutes 2000, section 115D.03, is 
  1.29  amended by adding a subdivision to read: 
  1.30     Subd. 6c.  [PERSISTENT BIOACCUMULATIVE TOXICS.] (a) 
  2.1   "Persistent bioaccumulative toxics" are chemicals, including 
  2.2   compounds containing the chemicals, that have all three of the 
  2.3   following attributes: 
  2.4      (1) persistence; they do not readily break down in the 
  2.5   environment; 
  2.6      (2) bioaccumulative; they are not easily metabolized and 
  2.7   can accumulate in human or ecological food chains through 
  2.8   consumption or uptake; and 
  2.9      (3) toxic; they may be hazardous to human health or the 
  2.10  environment in a variety of ways. 
  2.11     (b) No later than October 1, 2001, the commissioner shall 
  2.12  establish a list of persistent bioaccumulative toxics through 
  2.13  the exempt rulemaking process under section 14.386.  By October 
  2.14  1, 2003, the commissioner shall establish a list of persistent 
  2.15  bioaccumulative toxics through the permanent rulemaking process 
  2.16  under chapter 14. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 115D.07, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
  2.20  prevention plan must establish a program identifying the 
  2.21  specific technically and economically practicable steps that 
  2.22  could be taken during at least the three years following the 
  2.23  date the plan is due, to eliminate or reduce the generation or 
  2.24  release of toxic pollutants reported by the facility.  Toxic 
  2.25  pollutants resulting solely from research and development 
  2.26  activities need not be included in the plan.  
  2.27     (b) At a minimum, each plan must include: 
  2.28     (1) a policy statement articulating upper management 
  2.29  support for eliminating or reducing the generation or release of 
  2.30  toxic pollutants at the facility; 
  2.31     (2) a description of the current processes generating or 
  2.32  releasing toxic pollutants that specifically describes the 
  2.33  types, sources, and quantities of toxic pollutants currently 
  2.34  being generated or released by the facility; 
  2.35     (3) a description of the current and past practices used to 
  2.36  eliminate or reduce the generation or release of toxic 
  3.1   pollutants at the facility and an evaluation of the 
  3.2   effectiveness of these practices; 
  3.3      (4) an assessment of technically and economically 
  3.4   practicable options available to eliminate or reduce the 
  3.5   generation or release of toxic pollutants at the facility, 
  3.6   including options such as changing the raw materials, operating 
  3.7   techniques, equipment and technology, personnel training, and 
  3.8   other practices used at the facility.  The assessment may 
  3.9   include a cost benefit analysis of the available options; 
  3.10     (5) a statement of objectives based on the assessment in 
  3.11  clause (4) and a schedule for achieving those objectives.  
  3.12  Wherever technically and economically practicable, the 
  3.13  objectives for eliminating or reducing the generation or release 
  3.14  of each toxic pollutant at the facility must be expressed in 
  3.15  numeric terms based on a specified base year that is no earlier 
  3.16  than 1987.  Otherwise, the objectives must include a clearly 
  3.17  stated list of actions designed to lead to the establishment of 
  3.18  numeric objectives as soon as practicable; 
  3.19     (6) an explanation of the rationale for each objective 
  3.20  established for the facility; 
  3.21     (7) a listing of options that were considered not to be 
  3.22  economically and technically practicable; and 
  3.23     (8) a certification, signed and dated by the facility 
  3.24  manager and an officer of the company under penalty of section 
  3.25  609.63, attesting to the accuracy of the information in the plan.
  3.26     (c) For a facility that releases persistent bioaccumulative 
  3.27  toxics, the plan must contain a program for compliance with the 
  3.28  lowest achievable emission rate by January 1, 2006. 
  3.29     Sec. 4.  Minnesota Statutes 2000, section 115D.08, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  3.32  (a) All persons required to prepare a toxic pollution prevention 
  3.33  plan under section 115D.07 shall submit an annual progress 
  3.34  report to the commissioner that may be drafted in a manner that 
  3.35  does not disclose proprietary information.  Progress reports are 
  3.36  due on October 1 of each year.  ~~The first progress reports are~~ 
  4.1   ~~due in 1992~~ Beginning with the October 1, 2002, progress report, 
  4.2   a facility reporting releases of persistent bioaccumulative 
  4.3   toxics must include progress information relating to compliance 
  4.4   with the objective in section 115D.07, subdivision 2, paragraph 
  4.5   (c).  
  4.6      (b) At a minimum, each progress report must include: 
  4.7      (1) a summary of each objective established in the plan, 
  4.8   including the base year for any objective stated in numeric 
  4.9   terms, and the schedule for meeting each objective; 
  4.10     (2) a summary of progress made during the past year, if 
  4.11  any, toward meeting each objective established in the plan 
  4.12  including the quantity of each toxic pollutant eliminated or 
  4.13  reduced; 
  4.14     (3) a statement of the methods through which elimination or 
  4.15  reduction has been achieved; 
  4.16     (4) if necessary, an explanation of the reasons objectives 
  4.17  were not achieved during the previous year, including 
  4.18  identification of any technological, economic, or other 
  4.19  impediments the facility faced in its efforts to achieve its 
  4.20  objectives; and 
  4.21     (5) a certification, signed and dated by the facility 
  4.22  manager and an officer of the company under penalty of section 
  4.23  609.63, attesting that a plan meeting the requirements of 
  4.24  section 115D.07 has been prepared and also attesting to the 
  4.25  accuracy of the information in the progress report. 
  4.26     Sec. 5.  Minnesota Statutes 2000, section 115D.10, is 
  4.27  amended to read: 
  4.28     115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
  4.29     The director, in cooperation with the commissioner and 
  4.30  commission, shall report to the environment and natural 
  4.31  resources committees of the senate and house of representatives, 
  4.32  the finance division of the senate committee on environment and 
  4.33  natural resources, and the house of representatives committee on 
  4.34  environment and natural resources finance on progress being made 
  4.35  in achieving the objectives of sections 115D.01 to 115D.12.  The 
  4.36  report must be submitted by February 1 of each even-numbered 
  5.1   year.  The 2002 to 2006 reports must include specific 
  5.2   identification of the progress in meeting the January 1, 2006, 
  5.3   objective in section 115D.07, subdivision 2, paragraph (c), and 
  5.4   any recommendations for legislation to achieve compliance with 
  5.5   that objective. 
  5.6      Sec. 6.  Minnesota Statutes 2000, section 115D.12, 
  5.7   subdivision 1, is amended to read: 
  5.8      Subdivision 1.  [IMPOSITION.] The pollution prevention fees 
  5.9   in this section are imposed on persons and facilities under 
  5.10  ~~subdivision~~ subdivisions 2, paragraphs (a) and (b), and 3. 
  5.11     Sec. 7.  Minnesota Statutes 2000, section 115D.12, is 
  5.12  amended by adding a subdivision to read: 
  5.13     Subd. 3.  [PERSISTENT BIOACCUMULATIVE TOXICS SURCHARGE.] (a)
  5.14  Beginning with the January 1, 2002, payment, for each persistent 
  5.15  bioaccumulative toxic released, the surcharge is .... cents per 
  5.16  pound of the persistent bioaccumulative toxic released. 
  5.17     (b) The surcharges required under this section must be paid 
  5.18  to the director by January 1 each year.  The surcharges must be 
  5.19  deposited in the state treasury and credited to the 
  5.20  environmental fund.  Money collected under this subdivision may 
  5.21  only be spent for assistance to facilities that release 
  5.22  persistent bioaccumulative toxics under the pollution prevention 
  5.23  assistance program in section 115D.04. 
  5.24     Sec. 8.  Minnesota Statutes 2000, section 116.07, is 
  5.25  amended by adding a subdivision to read: 
  5.26     Subd. 4l.  [PERSISTENT BIOACCUMULATIVE TOXICS.] When the 
  5.27  agency renews a permit or issues a new permit for a facility, 
  5.28  the agency shall require the permittee to submit available 
  5.29  information on any persistent bioaccumulative toxics, as defined 
  5.30  in section 115D.03, that will be released by the permitted 
  5.31  facility.  The agency shall provide specific limits in the 
  5.32  permit on the persistent bioaccumulative toxics that will be 
  5.33  released at the facility. 
  5.34     Sec. 9.  [APPROPRIATION.] 
  5.35     $....... in fiscal year 2002 and $....... in fiscal year 
  5.36  2003 are appropriated from the environmental fund to the office 
  6.1   of environmental assistance for activities relating to 
  6.2   persistent bioaccumulative toxics under the pollution prevention 
  6.3   assistance program in Minnesota Statutes, section 115D.04.