1.1 	A bill for an act
1.2 	relating to environment; requiring an analysis of state air quality, hazardous 
1.3 	waste, and water quality standards;amending Minnesota Statutes 2008, section 
1.4 	116.07, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 116.07, subdivision 2, is amended to read:
1.7 		Subd. 2.Adoption of standards. (a) The Pollution Control Agency shall improve 
1.8 	air quality by promoting, in the most practicable way possible, the use of energy sources 
1.9 	and waste disposal methods which produce or emit the least air contaminants consistent 
1.10 	with the agency's overall goal of reducing all forms of pollution. The agency shall also 
1.11 	adopt standards of air quality, including maximum allowable standards of emission of air 
1.12 	contaminants from motor vehicles, recognizing that due to variable factors, no single 
1.13 	standard of purity of air is applicable to all areas of the state. In adopting standards the 
1.14 	Pollution Control Agency shall give due recognition to the fact that the quantity or 
1.15 	characteristics of air contaminants or the duration of their presence in the atmosphere, 
1.16 	which may cause air pollution in one area of the state, may cause less or not cause any air 
1.17 	pollution in another area of the state, and it shall take into consideration in this connection 
1.18 	such factors, including others which it may deem proper, as existing physical conditions, 
1.19 	zoning classifications, topography, prevailing wind directions and velocities, and the fact 
1.20 	that a standard of air quality which may be proper as to an essentially residential area of 
1.21 	the state, may not be proper as to a highly developed industrial area of the state. Such 
1.22 	standards of air quality shall be premised upon scientific knowledge of causes as well as 
1.23 	effects based on technically substantiated criteria and commonly accepted practices. No 
2.1 	local government unit shall set standards of air quality which are more stringent than 
2.2 	those set by the Pollution Control Agency.
2.3 	(b) The Pollution Control Agency shall promote solid waste disposal control 
2.4 	by encouraging the updating of collection systems, elimination of open dumps, and 
2.5 	improvements in incinerator practices. The agency shall also adopt standards for the 
2.6 	control of the collection, transportation, storage, processing, and disposal of solid waste 
2.7 	and sewage sludge for the prevention and abatement of water, air, and land pollution, 
2.8 	recognizing that due to variable factors, no single standard of control is applicable to 
2.9 	all areas of the state. In adopting standards, the Pollution Control Agency shall give 
2.10 	due recognition to the fact that elements of control which may be reasonable and proper 
2.11 	in densely populated areas of the state may be unreasonable and improper in sparsely 
2.12 	populated or remote areas of the state, and it shall take into consideration in this connection 
2.13 	such factors, including others which it may deem proper, as existing physical conditions, 
2.14 	topography, soils and geology, climate, transportation, and land use. Such standards of 
2.15 	control shall be premised on technical criteria and commonly accepted practices.
2.16 	(c) The Pollution Control Agency shall also adopt standards describing the 
2.17 	maximum levels of noise in terms of sound pressure level which may occur in the outdoor 
2.18 	atmosphere, recognizing that due to variable factors no single standard of sound pressure 
2.19 	is applicable to all areas of the state. Such standards shall give due consideration to 
2.20 	such factors as the intensity of noises, the types of noises, the frequency with which 
2.21 	noises recur, the time period for which noises continue, the times of day during which 
2.22 	noises occur, and such other factors as could affect the extent to which noises may be 
2.23 	injurious to human health or welfare, animal or plant life, or property, or could interfere 
2.24 	unreasonably with the enjoyment of life or property. In adopting standards, the Pollution 
2.25 	Control Agency shall give due recognition to the fact that the quantity or characteristics 
2.26 	of noise or the duration of its presence in the outdoor atmosphere, which may cause 
2.27 	noise pollution in one area of the state, may cause less or not cause any noise pollution 
2.28 	in another area of the state, and it shall take into consideration in this connection such 
2.29 	factors, including others which it may deem proper, as existing physical conditions, 
2.30 	zoning classifications, topography, meteorological conditions and the fact that a standard 
2.31 	which may be proper in an essentially residential area of the state, may not be proper as to 
2.32 	a highly developed industrial area of the state. Such noise standards shall be premised 
2.33 	upon scientific knowledge as well as effects based on technically substantiated criteria 
2.34 	and commonly accepted practices. No local governing unit shall set standards describing 
2.35 	the maximum levels of sound pressure which are more stringent than those set by the 
2.36 	Pollution Control Agency.
3.1 	(d) The Pollution Control Agency shall adopt standards for the identification of 
3.2 	hazardous waste and for the management, identification, labeling, classification, storage, 
3.3 	collection, transportation, processing, and disposal of hazardous waste, recognizing 
3.4 	that due to variable factors, a single standard of hazardous waste control may not be 
3.5 	applicable to all areas of the state. In adopting standards, the Pollution Control Agency 
3.6 	shall recognize that elements of control which may be reasonable and proper in densely 
3.7 	populated areas of the state may be unreasonable and improper in sparsely populated 
3.8 	or remote areas of the state. The agency shall consider existing physical conditions, 
3.9 	topography, soils, and geology, climate, transportation and land use. Standards of 
3.10 	hazardous waste control shall be premised on technical knowledge, and commonly 
3.11 	accepted practices. Hazardous waste generator licenses may be issued for a term not to 
3.12 	exceed five years. No local government unit shall set standards of hazardous waste control 
3.13 	which are in conflict or inconsistent with those set by the Pollution Control Agency.
3.14 	(e) A person who generates less than 100 kilograms of hazardous waste per month is 
3.15 	exempt from the following agency hazardous waste rules:
3.16 	(1) rules relating to transportation, manifesting, storage, and labeling for 
3.17 	photographic fixer and x-ray negative wastes that are hazardous solely because of silver 
3.18 	content; and
3.19 	(2) any rule requiring the generator to send to the agency or commissioner a copy 
3.20 	of each manifest for the transportation of hazardous waste for off-site treatment, storage, 
3.21 	or disposal, except that counties within the metropolitan area may require generators to 
3.22 	provide manifests.
3.23 	Nothing in this paragraph exempts the generator from the agency's rules relating to on-site 
3.24 	accumulation or outdoor storage. A political subdivision or other local unit of government 
3.25 	may not adopt management requirements that are more restrictive than this paragraph.
3.26 	(f) Standards for air quality and hazardous waste adopted under this chapter and 
3.27 	standards for water quality adopted under chapter 115 must not exceed similar federal 
3.28 	standards that have been adopted under federal statutes, rule, or guidance, unless the 
3.29 	agency determines that the federal standard does not provide adequate protection for the 
3.30 	environment or public health. The agency shall not make a determination that the federal 
3.31 	standards do not provide adequate protection unless the determination is supported with 
3.32 	written documentation that includes the following:
3.33 	(1) a public health risk assessment that characterizes the types of sources in this state 
3.34 	that are known to release the contaminants and the population groups that are potentially 
3.35 	at risk from the contaminants;
4.1 	(2) an analysis showing that members of population groups are subjected to levels 
4.2 	of contaminants that are above recognized environmental health standards or will be 
4.3 	subjected to those levels if the agency fails to adopt the standard;
4.4 	(3) an evaluation of options for managing the risks caused by the contaminants 
4.5 	considering the risks, costs, economic impacts, feasibility, energy, safety, and other 
4.6 	relevant factors and a finding that the proposed standard will reduce the risks in the most 
4.7 	cost-effective manner practicable; and
4.8 	(4) a comparison of the proposed standards in Wisconsin, Illinois, Iowa, Indiana, 
4.9 	Michigan, Ohio, North Dakota, and South Dakota.