2004 Minnesota Statutes

     299K.08 Facility required to comply. 

    Subdivision 1.    Generally.  Facilities subject to the 
 federal act must comply with the federal act and sections 
 299K.01 to 299K.10. 

    Subd. 2.    Hazardous chemical inventory reporting.  (a) 
 In addition to facilities specified in the federal act, 
 facilities that are operated by employers subject to the 
 occupational health and safety provisions of sections 182.65 to 
 182.675 shall comply with the hazardous chemical inventory 
 reporting of the federal act.  

    (b) This section is a designation of additional facilities 
 under sections 11021 and 11022 of the federal act, and the 
 legislative process meets the requirements for public notice and 
 opportunity to comment. 

    Subd. 3.    Toxic chemical release reporting.  (a) 
 Except as provided in paragraph (b), in addition to facilities 
 specified in the federal act, the following facilities shall 
 comply with the toxic chemical release reporting requirements of 
 section 11023 of the federal act and United States Code, title 
 42, section 13106, to the same extent as facilities that are 
 required by federal law to comply with these requirements:  
 facilities having a two-digit standard industrial classification 
 of 10, 40, 45, or 49; a three-digit standard industrial 
 classification of 806, 807, or 822; or a four-digit standard 
 industrial classification of 5161, 5162, 5169, 7384, 7389 
 (solvent recovery facilities only), 8734, or 9223.  

    (b) For the facilities added in this section, the toxic 
 chemical release reporting requirements of section 11023 of the 
 federal act, and sections 115D.07, 115D.08, and 115D.12, do not 
 apply to substances that are associated with or incidental to 
 the combustion of fossil fuels or other fuels for the generation 
 of electricity or the production of steam. 

    Subd. 4.    Exemptions.  (a) A person may petition the 
 commission to: 

    (1) exempt all facilities having a standard industrial 
 classification listed in subdivision 3, or a classification 
 within one of the listed classifications, from the reporting 
 requirements of subdivision 3; or 

    (2) review a previously granted exemption. 

    (b) In making a determination on a petition under paragraph 
 (a), the commission shall consider: 

    (1) the reported or estimated releases and transfers from 
 facilities within the affected classification; 

    (2) the quality of the data submitted; 

    (3) the extent to which facilities within the affected 
 classification report no releases or transfers; 

    (4) the number of reporting facilities in the affected 
 classification; 

    (5) the percentage of all releases and transfers in the 
 state that are reported by facilities in the affected 
 classification; 

    (6) hazards to public safety and the environment posed by 
 releases and transfers from facilities in the affected 
 classification; and 

    (7) other factors identified by the commission. 

    (c) The commission shall hold at least one public meeting 
 to receive testimony on the petition.  The commission shall 
 publish in the State Register notice of granted exemptions.  The 
 commission shall report on the status of petitions and 
 exemptions as part of the annual toxic release inventory report. 

    (d) A facility specified in paragraph (a) that is not 
 within a classification exempted under paragraph (b) and does 
 not release or transfer chemicals subject to reporting under 
 section 11023 of the federal act is exempt from reporting under 
 subdivision 3 if the owner or operator of the facility certifies 
 in writing to the commission that there are no releases or 
 transfers at the facility.  The certification must be submitted 
 to the commission by the first reporting date for the facility 
 under the federal act.  The facility is exempt from further 
 reporting unless there is a release or transfer from the 
 facility or there is a change in the facility's standard 
 industrial classification.  Facilities that qualify for this 
 exemption shall maintain documentation supporting the exemption 
 and shall provide this documentation at the request of the 
 commission.  

    HIST: 1989 c 315 s 8; 1993 c 172 s 81,82