Bill Text: MN SF2276 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Pollution control agency (PCA) classification of waters rule notices modifications; small business air quality compliance assistance advisory group sunset elimination
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-03-19 - Comm report: To pass as amended and re-refer to State and Local Government [SF2276 Detail]
Download: Minnesota-2013-SF2276-Engrossed.html
1.2relating to environment; addressing expiration and elimination of certain advisory
1.3groups; modifying certain rulemaking requirements; amending Minnesota
1.4Statutes 2012, sections 115.44, subdivision 7; 115.741, by adding a subdivision;
1.5116.07, subdivision 2; 116.99, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115.44, subdivision 7, is amended to read:
1.8 Subd. 7. Rule notices.For rules authorized under this section, the notices required
1.9to be mailed under sections
14.14, subdivision 1a, and
14.22 must also be mailed When a
1.10rulemaking conducted under this section will change the use classification of a particular
1.11water, the agency must provide notice to the governing body of each municipality
1.12bordering the affected water or through which thewaters for which standards are sought
1.13to be adopted flow affected water flows.
1.14 Sec. 2. Minnesota Statutes 2012, section 115.741, is amended by adding a subdivision
1.15to read:
1.16 Subd. 5. Expiration. This section expires June 30, 2019.
1.17EFFECTIVE DATE.This section is effective retroactively from June 30, 2009.
1.18 Sec. 3. Minnesota Statutes 2012, section 116.07, subdivision 2, is amended to read:
1.19 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
1.20air quality by promoting, in the most practicable way possible, the use of energy sources
1.21and waste disposal methods which produce or emit the least air contaminants consistent
1.22with the agency's overall goal of reducing all forms of pollution. The agency shall also
2.1adopt standards of air quality, including maximum allowable standards of emission of air
2.2contaminants from motor vehicles, recognizing that due to variable factors, no single
2.3standard of purity of air is applicable to all areas of the state. In adopting standards the
2.4Pollution Control Agency shall give due recognition to the fact that the quantity or
2.5characteristics of air contaminants or the duration of their presence in the atmosphere,
2.6which may cause air pollution in one area of the state, may cause less or not cause any air
2.7pollution in another area of the state, and it shall take into consideration in this connection
2.8such factors, including others which it may deem proper, as existing physical conditions,
2.9zoning classifications, topography, prevailing wind directions and velocities, and the fact
2.10that a standard of air quality which may be proper as to an essentially residential area of
2.11the state, may not be proper as to a highly developed industrial area of the state. Such
2.12standards of air quality shall be premised upon scientific knowledge of causes as well as
2.13effects based on technically substantiated criteria and commonly accepted practices. No
2.14local government unit shall set standards of air quality which are more stringent than
2.15those set by the Pollution Control Agency.
2.16(b) The Pollution Control Agency shall promote solid waste disposal control
2.17by encouraging the updating of collection systems, elimination of open dumps, and
2.18improvements in incinerator practices. The agency shall also adopt standards for the
2.19control of the collection, transportation, storage, processing, and disposal of solid waste
2.20and sewage sludge for the prevention and abatement of water, air, and land pollution,
2.21recognizing that due to variable factors, no single standard of control is applicable to
2.22all areas of the state. In adopting standards, the Pollution Control Agency shall give
2.23due recognition to the fact that elements of control which may be reasonable and proper
2.24in densely populated areas of the state may be unreasonable and improper in sparsely
2.25populated or remote areas of the state, and it shall take into consideration in this connection
2.26such factors, including others which it may deem proper, as existing physical conditions,
2.27topography, soils and geology, climate, transportation, and land use. Such standards of
2.28control shall be premised on technical criteria and commonly accepted practices.
2.29(c) The Pollution Control Agency shall also adopt standards describing the
2.30maximum levels of noise in terms of sound pressure level which may occur in the outdoor
2.31atmosphere, recognizing that due to variable factors no single standard of sound pressure
2.32is applicable to all areas of the state. Such standards shall give due consideration to such
2.33factors as the intensity of noises, the types of noises, the frequency with which noises recur,
2.34the time period for which noises continue, the times of day during which noises occur, and
2.35such other factors as could affect the extent to which noises may be injurious to human
2.36health or welfare, animal or plant life, or property, or could interfere unreasonably with the
3.1enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
3.2give due recognition to the fact that the quantity or characteristics of noise or the duration
3.3of its presence in the outdoor atmosphere, which may cause noise pollution in one area
3.4of the state, may cause less or not cause any noise pollution in another area of the state,
3.5and it shall take into consideration in this connection such factors, including others which
3.6it may deem proper, as existing physical conditions, zoning classifications, topography,
3.7meteorological conditions and the fact that a standard which may be proper in an essentially
3.8residential area of the state, may not be proper as to a highly developed industrial area of
3.9the state. Such noise standards shall be premised upon scientific knowledge as well as
3.10effects based on technically substantiated criteria and commonly accepted practices. No
3.11local governing unit shall set standards describing the maximum levels of sound pressure
3.12which are more stringent than those set by the Pollution Control Agency.
3.13(d) The Pollution Control Agency shall adopt standards for the identification of
3.14hazardous waste and for the management, identification, labeling, classification, storage,
3.15collection, transportation, processing, and disposal of hazardous waste, recognizing
3.16that due to variable factors, a single standard of hazardous waste control may not be
3.17applicable to all areas of the state. In adopting standards, the Pollution Control Agency
3.18shall recognize that elements of control which may be reasonable and proper in densely
3.19populated areas of the state may be unreasonable and improper in sparsely populated
3.20or remote areas of the state. The agency shall consider existing physical conditions,
3.21topography, soils, and geology, climate, transportation and land use. Standards of
3.22hazardous waste control shall be premised on technical knowledge, and commonly
3.23accepted practices. Hazardous waste generator licenses may be issued for a term not to
3.24exceed five years. No local government unit shall set standards of hazardous waste control
3.25which are in conflict or inconsistent with those set by the Pollution Control Agency.
3.26(e) A person who generates less than 100 kilograms of hazardous waste per month is
3.27exempt from the following agency hazardous waste rules:
3.28(1) rules relating to transportation, manifesting, storage, and labeling for photographic
3.29fixer and x-ray negative wastes that are hazardous solely because of silver content; and
3.30(2) any rule requiring the generator to send to the agency or commissioner a copy
3.31of each manifest for the transportation of hazardous waste for off-site treatment, storage,
3.32or disposal, except that counties within the metropolitan area may require generators to
3.33provide manifests.
3.34Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
3.35accumulation or outdoor storage. A political subdivision or other local unit of government
3.36may not adopt management requirements that are more restrictive than this paragraph.
4.1(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
4.2solid waste, or hazardous waste under this chapter, or standards for water quality under
4.3chapter 115, the statement of need and reasonableness mustinclude:
4.4(1) an assessment of any differences between the proposed rule and:
4.5(i) existing federal standards adopted under the Clean Air Act, United States Code,
4.6title 42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections
4.71312(a) and 1313(c)(4); and the Resource Conservation and Recovery Act, United States
4.8Code, title 42, section 6921(b)(1);
4.9(ii) similar standards in states bordering Minnesota; and
4.10(iii) similar standards in states within the Environmental Protection Agency Region
4.115; and
4.12(2) a specific analysis of the need and reasonableness of each difference assess and
4.13provide a specific analysis of the need and reasonableness of each difference between the
4.14proposed rule and existing or proposed federal standards and similar standards in relevant
4.15states bordering Minnesota or within Environmental Protection Agency Region 5.
4.16 Sec. 4. Minnesota Statutes 2012, section 116.99, subdivision 1, is amended to read:
4.17 Subdivision 1. Creation. A Small Business Air Quality Compliance Assistance
4.18Advisory Council is established within the agency. The council is required by federal
4.19law and does not expire.
1.3groups; modifying certain rulemaking requirements; amending Minnesota
1.4Statutes 2012, sections 115.44, subdivision 7; 115.741, by adding a subdivision;
1.5116.07, subdivision 2; 116.99, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 115.44, subdivision 7, is amended to read:
1.8 Subd. 7. Rule notices.
1.9
1.10rulemaking conducted under this section will change the use classification of a particular
1.11water, the agency must provide notice to the governing body of each municipality
1.12bordering the affected water or through which the
1.13
1.14 Sec. 2. Minnesota Statutes 2012, section 115.741, is amended by adding a subdivision
1.15to read:
1.16 Subd. 5. Expiration. This section expires June 30, 2019.
1.17EFFECTIVE DATE.This section is effective retroactively from June 30, 2009.
1.18 Sec. 3. Minnesota Statutes 2012, section 116.07, subdivision 2, is amended to read:
1.19 Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
1.20air quality by promoting, in the most practicable way possible, the use of energy sources
1.21and waste disposal methods which produce or emit the least air contaminants consistent
1.22with the agency's overall goal of reducing all forms of pollution. The agency shall also
2.1adopt standards of air quality, including maximum allowable standards of emission of air
2.2contaminants from motor vehicles, recognizing that due to variable factors, no single
2.3standard of purity of air is applicable to all areas of the state. In adopting standards the
2.4Pollution Control Agency shall give due recognition to the fact that the quantity or
2.5characteristics of air contaminants or the duration of their presence in the atmosphere,
2.6which may cause air pollution in one area of the state, may cause less or not cause any air
2.7pollution in another area of the state, and it shall take into consideration in this connection
2.8such factors, including others which it may deem proper, as existing physical conditions,
2.9zoning classifications, topography, prevailing wind directions and velocities, and the fact
2.10that a standard of air quality which may be proper as to an essentially residential area of
2.11the state, may not be proper as to a highly developed industrial area of the state. Such
2.12standards of air quality shall be premised upon scientific knowledge of causes as well as
2.13effects based on technically substantiated criteria and commonly accepted practices. No
2.14local government unit shall set standards of air quality which are more stringent than
2.15those set by the Pollution Control Agency.
2.16(b) The Pollution Control Agency shall promote solid waste disposal control
2.17by encouraging the updating of collection systems, elimination of open dumps, and
2.18improvements in incinerator practices. The agency shall also adopt standards for the
2.19control of the collection, transportation, storage, processing, and disposal of solid waste
2.20and sewage sludge for the prevention and abatement of water, air, and land pollution,
2.21recognizing that due to variable factors, no single standard of control is applicable to
2.22all areas of the state. In adopting standards, the Pollution Control Agency shall give
2.23due recognition to the fact that elements of control which may be reasonable and proper
2.24in densely populated areas of the state may be unreasonable and improper in sparsely
2.25populated or remote areas of the state, and it shall take into consideration in this connection
2.26such factors, including others which it may deem proper, as existing physical conditions,
2.27topography, soils and geology, climate, transportation, and land use. Such standards of
2.28control shall be premised on technical criteria and commonly accepted practices.
2.29(c) The Pollution Control Agency shall also adopt standards describing the
2.30maximum levels of noise in terms of sound pressure level which may occur in the outdoor
2.31atmosphere, recognizing that due to variable factors no single standard of sound pressure
2.32is applicable to all areas of the state. Such standards shall give due consideration to such
2.33factors as the intensity of noises, the types of noises, the frequency with which noises recur,
2.34the time period for which noises continue, the times of day during which noises occur, and
2.35such other factors as could affect the extent to which noises may be injurious to human
2.36health or welfare, animal or plant life, or property, or could interfere unreasonably with the
3.1enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
3.2give due recognition to the fact that the quantity or characteristics of noise or the duration
3.3of its presence in the outdoor atmosphere, which may cause noise pollution in one area
3.4of the state, may cause less or not cause any noise pollution in another area of the state,
3.5and it shall take into consideration in this connection such factors, including others which
3.6it may deem proper, as existing physical conditions, zoning classifications, topography,
3.7meteorological conditions and the fact that a standard which may be proper in an essentially
3.8residential area of the state, may not be proper as to a highly developed industrial area of
3.9the state. Such noise standards shall be premised upon scientific knowledge as well as
3.10effects based on technically substantiated criteria and commonly accepted practices. No
3.11local governing unit shall set standards describing the maximum levels of sound pressure
3.12which are more stringent than those set by the Pollution Control Agency.
3.13(d) The Pollution Control Agency shall adopt standards for the identification of
3.14hazardous waste and for the management, identification, labeling, classification, storage,
3.15collection, transportation, processing, and disposal of hazardous waste, recognizing
3.16that due to variable factors, a single standard of hazardous waste control may not be
3.17applicable to all areas of the state. In adopting standards, the Pollution Control Agency
3.18shall recognize that elements of control which may be reasonable and proper in densely
3.19populated areas of the state may be unreasonable and improper in sparsely populated
3.20or remote areas of the state. The agency shall consider existing physical conditions,
3.21topography, soils, and geology, climate, transportation and land use. Standards of
3.22hazardous waste control shall be premised on technical knowledge, and commonly
3.23accepted practices. Hazardous waste generator licenses may be issued for a term not to
3.24exceed five years. No local government unit shall set standards of hazardous waste control
3.25which are in conflict or inconsistent with those set by the Pollution Control Agency.
3.26(e) A person who generates less than 100 kilograms of hazardous waste per month is
3.27exempt from the following agency hazardous waste rules:
3.28(1) rules relating to transportation, manifesting, storage, and labeling for photographic
3.29fixer and x-ray negative wastes that are hazardous solely because of silver content; and
3.30(2) any rule requiring the generator to send to the agency or commissioner a copy
3.31of each manifest for the transportation of hazardous waste for off-site treatment, storage,
3.32or disposal, except that counties within the metropolitan area may require generators to
3.33provide manifests.
3.34Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
3.35accumulation or outdoor storage. A political subdivision or other local unit of government
3.36may not adopt management requirements that are more restrictive than this paragraph.
4.1(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
4.2solid waste, or hazardous waste under this chapter, or standards for water quality under
4.3chapter 115, the statement of need and reasonableness must
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13provide a specific analysis of the need and reasonableness of each difference between the
4.14proposed rule and existing or proposed federal standards and similar standards in relevant
4.15states bordering Minnesota or within Environmental Protection Agency Region 5.
4.16 Sec. 4. Minnesota Statutes 2012, section 116.99, subdivision 1, is amended to read:
4.17 Subdivision 1. Creation. A Small Business Air Quality Compliance Assistance
4.18Advisory Council is established within the agency. The council is required by federal
4.19law and does not expire.
