Senate Floor Amendment

1ss0007a50 1ss0007a50

1.1Senator Wiger moved to amend S.F. No. 7 as follows:
1.2Page 155, after line 6, insert:

1.3    "Sec. 99. [115B.55] TCE EMISSION RESPONSE ACCOUNT.
1.4    Subdivision 1. Definitions. (a) For purposes of this section and section 115B.56, the
1.5terms in this subdivision have the meanings given.
1.6(b) "Settlement" means the stipulation agreement entered into on March 1, 2019, to
1.7resolve alleged unlawful TCE emissions by Water Gremlin Company.
1.8(c) "TCE" means trichloroethylene.
1.9(d) "TCE area of concern" includes the area in and near White Bear Township affected
1.10by unlawful emissions of TCE, as determined by the commissioner of the Pollution Control
1.12    Subd. 2. Establishment. The TCE emission response account is established as an account
1.13in the environmental fund. The account consists of the net proceeds of the civil penalty paid
1.14to the Pollution Control Agency as part of the settlement and earnings on the investment of
1.15money in the account. Money in the account may be invested through the State Board of
1.17    Subd. 3. Expenditures. Subject to appropriation by the legislature, money in the account
1.18may be spent to assess and address the effects of unlawful emissions of TCE in the TCE
1.19area of concern.

1.20    Sec. 100. [115B.56] TCE EMISSION STAKEHOLDERS.
1.21The commissioner must work with the following stakeholders to identify and recommend
1.22to the legislature projects to receive funding from the TCE emission response account: a
1.23representative of the Minnesota Department of Health; a representative of the Minnesota
1.24Pollution Control Agency; an elected official from the city of Gem Lake; an elected official
1.25from the city of White Bear Lake; an elected official from White Bear Township; three
1.26individuals appointed by the Neighborhood Concerned Citizens Group serving the White
1.27Bear Township, White Bear Lake, and Gem Lake areas; an individual who is appointed by
1.28the Neighborhood Concerned Citizens Group who lives within half of one mile of the Water
1.29Gremlin facility that was the source of the TCE emissions described in the settlement; and
1.30a representative of Ramsey County, who shall be a nonvoting member. Stakeholder
1.31recommendations may include recommendations regarding:
2.1(1) the broad purposes or specific projects for which money in the TCE emission response
2.2account should be appropriated;
2.3(2) the need for additional testing, investigations, or research;
2.4(3) ways to improve communication between state and federal officials and local
2.5governments, citizens, and businesses when hazardous chemicals are actually or potentially
2.6released into a community;
2.7(4) policy or law changes that would facilitate a better response to future releases of
2.8hazardous chemicals; and
2.9(5) any other matter the stakeholders deem relevant. "
2.10Page 156, after line 25, insert:

2.11    "Sec. 105. [116.385] TRICHLOROETHYLENE; BAN.
2.12    Subdivision 1. Definitions. For the purposes of this section, "trichloroethylene" means
2.13a chemical with the Chemical Abstract Services Registry Number of 79-01-6.
2.14    Subd. 2. Use ban. (a) Beginning January 1, 2021, an owner or operator of a facility
2.15required to have an air emissions permit issued by the Pollution Control Agency may not
2.16use trichloroethylene at its permitted facility, including in any manufacturing, processing,
2.17or cleaning processes. Cessation of use must be made enforceable in the air emissions permit
2.18for the facility or in an enforceable agreement by January 1, 2021.
2.19(b) If additional time is needed to assess replacement chemicals or address impacts to
2.20facility operations, then by January 1, 2021, the commissioner may, at the commissioner's
2.21discretion, include a schedule of compliance in the facility's permit or enforceable agreement
2.22that requires compliance with this section before January 1, 2023. Owners or operators of
2.23facilities requesting additional time under this subdivision must demonstrate compliance
2.24with the health-based value and health risk limits for trichloroethylene, as established by
2.25the Department of Health. The commissioner must assess nearby regulated sources for
2.26trichloroethylene to determine whether additional restrictions should be included in the
2.27schedule of compliance or permit.
2.28(c) The commissioner may grant a variance under this section pursuant to section 116.07,
2.29subdivision 5.
2.30    Subd. 3. Replacement chemicals. An owner or operator that must comply with this
2.31section must replace trichloroethylene with a chemical demonstrated to be less toxic to
2.32human health and approved by the commissioner of the Pollution Control Agency. If there
3.1is more than one less-toxic replacement chemical, then the commissioner must approve the
3.2option that is the least toxic to human health that is an effective replacement.
3.3    Subd. 4. Exceptions. The prohibition in subdivision 2 does not apply to any of the
3.5(1) processes that result in only trace amounts of trichloroethylene remaining after most
3.6of it has been transformed into another substance or consumed;
3.7(2) the use of trichloroethylene in closed systems so that no trichloroethylene is emitted
3.8from the facility;
3.9(3) holding trichloroethylene, or products containing trichloroethylene, for distribution
3.10to a third party; or
3.11(4) a medical or medical research facility.
3.12EFFECTIVE DATE.This section is effective the day following final enactment."
3.13Page 161, after line 21, insert:

3.15The Department of Health or Pollution Control Agency must provide a notice to a school
3.16district, charter school, or nonpublic school of environmental hazards from a release reported
3.17to the department or agency that affects the health of students or school staff as soon as
3.18possible. This notice must contain information sufficient for school districts, charter schools,
3.19or nonpublic schools to inform school staff, students, and parents of the hazards. The affected
3.20schools shall communicate the agency's notice within such timeframe as recommended by
3.21the agency. Communication of the notice electronically through e-mail and posting on the
3.22district's website satisfies the requirements of this section."
3.23Renumber the sections in sequence and correct the internal references
3.24Amend the title accordingly
3.25The motion prevailed. #did not prevail. So the amendment was #not adopted.