1.1Senator Dibble moved to amend
S.F. No. 4062 as follows:
1.2Page 60, after line 23, insert:
1.3 "Sec. 57. Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision
1.4to read:
1.5 Subd. 10a. Greenhouse gases. "Greenhouse gases" means carbon dioxide, methane,
1.6nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
1.7 Sec. 58. Minnesota Statutes 2020, section 116.07, subdivision 2, is amended to read:
1.8 Subd. 2.
Adopting standards. (a) The Pollution Control Agency shall improve air
1.9quality by promoting, in the most practicable way possible, the use of energy sources
and
1.10waste disposal methods
which that produce or emit the least
greenhouse gases and other air
1.11contaminants consistent with the agency's overall goal of reducing all forms of pollution.
1.12The agency shall also adopt standards of air quality, including maximum allowable
standards
1.13of emission of air contaminants from motor vehicles, recognizing that due to variable
factors,
1.14no single standard of purity of air is applicable to all areas of the state. In adopting
standards
1.15the Pollution Control Agency shall give due recognition to the fact that the quantity
or
1.16characteristics of air contaminants or the duration of their presence in the atmosphere,
which
1.17may cause air pollution in one area of the state, may cause less or not cause any
air pollution
1.18in another area of the state, and it shall take into consideration in this connection
such factors,
1.19including others which it may deem proper, as existing physical conditions, zoning
1.20classifications, topography, prevailing wind directions and velocities, and the fact
that a
1.21standard of air quality which may be proper as to an essentially residential area
of the state,
1.22may not be proper as to a highly developed industrial area of the state. Such standards
of
1.23air quality shall be premised upon scientific knowledge of causes as well as effects
based
1.24on technically substantiated criteria and commonly accepted practices. No local government
1.25unit shall set standards of air quality which are more stringent than those set by
the Pollution
1.26Control Agency.
1.27(b) The Pollution Control Agency shall promote solid waste disposal control by
1.28encouraging the updating of collection systems, elimination of open dumps, and
1.29improvements in incinerator practices. The agency shall also adopt standards for the
control
1.30of the collection, transportation, storage, processing, and disposal of solid waste
and sewage
1.31sludge for the prevention and abatement of water, air, and land pollution, recognizing
that
1.32due to variable factors, no single standard of control is applicable to all areas
of the state.
1.33In adopting standards, the Pollution Control Agency shall give due recognition to
the fact
2.1that elements of control which may be reasonable and proper in densely populated areas
of
2.2the state may be unreasonable and improper in sparsely populated or remote areas of
the
2.3state, and it shall take into consideration in this connection such factors, including
others
2.4which it may deem proper, as existing physical conditions, topography, soils and geology,
2.5climate, transportation, and land use. Such standards of control shall be premised
on technical
2.6criteria and commonly accepted practices.
2.7(c) The Pollution Control Agency shall also adopt standards describing the maximum
2.8levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
2.9recognizing that due to variable factors no single standard of sound pressure is applicable
2.10to all areas of the state. Such standards shall give due consideration to such factors
as the
2.11intensity of noises, the types of noises, the frequency with which noises recur, the
time
2.12period for which noises continue, the times of day during which noises occur, and
such
2.13other factors as could affect the extent to which noises may be injurious to human
health
2.14or welfare, animal or plant life, or property, or could interfere unreasonably with
the
2.15enjoyment of life or property. In adopting standards, the Pollution Control Agency
shall
2.16give due recognition to the fact that the quantity or characteristics of noise or
the duration
2.17of its presence in the outdoor atmosphere, which may cause noise pollution in one
area of
2.18the state, may cause less or not cause any noise pollution in another area of the
state, and
2.19it shall take into consideration in this connection such factors, including others
which it
2.20may deem proper, as existing physical conditions, zoning classifications, topography,
2.21meteorological conditions and the fact that a standard which may be proper in an essentially
2.22residential area of the state, may not be proper as to a highly developed industrial
area of
2.23the state. Such noise standards shall be premised upon scientific knowledge as well
as effects
2.24based on technically substantiated criteria and commonly accepted practices. No local
2.25governing unit shall set standards describing the maximum levels of sound pressure
which
2.26are more stringent than those set by the Pollution Control Agency.
2.27(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
2.28waste and for the management, identification, labeling, classification, storage, collection,
2.29transportation, processing, and disposal of hazardous waste, recognizing that due
to variable
2.30factors, a single standard of hazardous waste control may not be applicable to all
areas of
2.31the state. In adopting standards, the Pollution Control Agency shall recognize that
elements
2.32of control which may be reasonable and proper in densely populated areas of the state
may
2.33be unreasonable and improper in sparsely populated or remote areas of the state. The
agency
2.34shall consider existing physical conditions, topography, soils, and geology, climate,
2.35transportation and land use. Standards of hazardous waste control shall be premised
on
3.1technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
3.2may be issued for a term not to exceed five years. No local government unit shall
set
3.3standards of hazardous waste control which are in conflict or inconsistent with those
set by
3.4the Pollution Control Agency.
3.5(e) A person who generates less than 100 kilograms of hazardous waste per month is
3.6exempt from the following agency hazardous waste rules:
3.7(1) rules relating to transportation, manifesting, storage, and labeling for photographic
3.8fixer and x-ray negative wastes that are hazardous solely because of silver content;
and
3.9(2) any rule requiring the generator to send to the agency or commissioner a copy
of
3.10each manifest for the transportation of hazardous waste for off-site treatment, storage,
or
3.11disposal, except that counties within the metropolitan area may require generators
to provide
3.12manifests.
3.13Nothing in this paragraph exempts the generator from the agency's rules relating to
on-site
3.14accumulation or outdoor storage. A political subdivision or other local unit of government
3.15may not adopt management requirements that are more restrictive than this paragraph.
3.16(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
3.17solid waste, or hazardous waste under this chapter, or standards for water quality
under
3.18chapter 115, the statement of need and reasonableness must include:
3.19(1) an assessment of any differences between the proposed rule and:
3.20(i) existing federal standards adopted under the Clean Air Act, United States Code,
title
3.2142, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections
1312(a)
3.22and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code,
title
3.2342, section 6921(b)(1);
3.24(ii) similar standards in states bordering Minnesota; and
3.25(iii) similar standards in states within the Environmental Protection Agency Region
5;
3.26and
3.27(2) a specific analysis of the need and reasonableness of each difference.
3.28 Sec. 59. Minnesota Statutes 2020, section 116.07, subdivision 4, is amended to read:
3.29 Subd. 4.
Rules and standards. (a) Pursuant and subject to the provisions of chapter 14,
3.30and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind
3.31rules and standards having the force of law relating to any purpose within the provisions
of
3.32Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution.
Any such
4.1rule or standard may be of general application throughout the state, or may be limited
as to
4.2times, places, circumstances, or conditions in order to make due allowance for variations
4.3therein. Without limitation, rules or standards may relate to sources or emissions
of
4.4greenhouse gases, air contamination
, or air pollution
,; to the quality or composition of such
4.5emissions
, or; to the quality of or composition of the ambient air or outdoor atmosphere
; or
4.6to any other matter relevant to the prevention, abatement, or control of air pollution.
4.7 (b) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
the
4.8Pollution Control Agency may adopt, amend, and rescind rules and standards having
the
4.9force of law relating to any purpose within the provisions of Laws 1969, chapter 1046,
for
4.10the collection, transportation, storage, processing, and disposal of solid waste and
the
4.11prevention, abatement, or control of water, air, and land pollution which may be related
4.12thereto, and the deposit in or on land of any other material that may tend to cause
pollution.
4.13The agency shall adopt such rules and standards for sewage sludge, addressing the
intrinsic
4.14suitability of land, the volume and rate of application of sewage sludge of various
degrees
4.15of intrinsic hazard, design of facilities, and operation of facilities and sites.
Any such rule
4.16or standard may be of general application throughout the state or may be limited as
to times,
4.17places, circumstances, or conditions in order to make due allowance for variations
therein.
4.18Without limitation, rules or standards may relate to collection, transportation, processing,
4.19disposal, equipment, location, procedures, methods, systems or techniques or to any
other
4.20matter relevant to the prevention, abatement or control of water, air, and land pollution
4.21which may be advised through the control of collection, transportation, processing,
and
4.22disposal of solid waste and sewage sludge, and the deposit in or on land of any other
material
4.23that may tend to cause pollution. By January 1, 1983, the rules for the management
of
4.24sewage sludge shall include an analysis of the sewage sludge determined by the commissioner
4.25of agriculture to be necessary to meet the soil amendment labeling requirements of
section
4.2618C.215.
4.27(c) The rules for the disposal of solid waste shall include site-specific criteria
to prohibit
4.28solid waste disposal based on the area's sensitivity to groundwater contamination,
including
4.29site-specific testing. The rules shall provide criteria for locating landfills based
on a site's
4.30sensitivity to groundwater contamination. Sensitivity to groundwater contamination
is based
4.31on the predicted minimum time of travel of groundwater contaminants from the solid
waste
4.32to the compliance boundary. The rules shall prohibit landfills in areas where karst
is likely
4.33to develop. The rules shall specify testable or otherwise objective thresholds for
these criteria.
4.34The rules shall also include modifications to financial assurance requirements under
4.35subdivision 4h that ensure the state is protected from financial responsibility for
future
5.1groundwater contamination. The modifications to the financial assurance rules specified
in
5.2this paragraph must require that a solid waste disposal facility subject to them maintain
5.3financial assurance so long as the facility poses a potential environmental risk to
human
5.4health, wildlife, or the environment, as determined by the agency following an empirical
5.5assessment. The financial assurance and siting modifications to the rules specified
in this
5.6paragraph do not apply to:
5.7(1) solid waste facilities initially permitted before January 1, 2011, including future
5.8contiguous expansions and noncontiguous expansions within 600 yards of a permitted
5.9boundary;
5.10(2) solid waste disposal facilities that accept only construction and demolition debris
5.11and incidental nonrecyclable packaging, and facilities that accept only industrial
waste that
5.12is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting
from
5.13the manufacture of construction materials; and
5.14(3) requirements for permit by rule solid waste disposal facilities.
5.15(d) Until the rules are modified as provided in paragraph (c) to include site-specific
5.16criteria to prohibit areas from solid waste disposal due to groundwater contamination
5.17sensitivity, as required under this section, the agency shall not issue a permit for
a new solid
5.18waste disposal facility, except for:
5.19 (1) the reissuance of a permit for a land disposal facility operating as of March
1, 2008;
5.20 (2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond
its
5.21permitted boundaries, including expansion on land that is not contiguous to, but is
located
5.22within 600 yards of, the land disposal facility's permitted boundaries;
5.23 (3) a permit to modify the type of waste accepted at a land disposal facility operating
as
5.24of March 1, 2008;
5.25 (4) a permit to locate a disposal facility that accepts only construction debris as
defined
5.26in section
115A.03, subdivision 7;
5.27 (5) a permit to locate a disposal facility that:
5.28 (i) accepts boiler ash from an electric energy power plant that has wet scrubbed units
or
5.29has units that have been converted from wet scrubbed units to dry scrubbed units as
those
5.30terms are defined in section
216B.68;
5.31 (ii) is on land that was owned on May 1, 2008, by the utility operating the electric
energy
5.32power plant; and
6.1 (iii) is located within three miles of the existing ash disposal facility for the
power plant;
6.2or
6.3 (6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals
6.4regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals
regulated
6.5under Minnesota Rules, chapter 6132.
6.6 (e) Pursuant and subject to the provisions of chapter 14, and the provisions hereof,
the
6.7Pollution Control Agency may adopt, amend and rescind rules and standards having the
6.8force of law relating to any purpose within the provisions of Laws 1971, chapter 727,
for
6.9the prevention, abatement, or control of noise pollution. Any such rule or standard
may be
6.10of general application throughout the state, or may be limited as to times, places,
6.11circumstances or conditions in order to make due allowances for variations therein.
Without
6.12limitation, rules or standards may relate to sources or emissions of noise or noise
pollution,
6.13to the quality or composition of noises in the natural environment, or to any other
matter
6.14relevant to the prevention, abatement, or control of noise pollution.
6.15 (f) As to any matters subject to this chapter, local units of government may set emission
6.16regulations with respect to stationary sources which are more stringent than those
set by
6.17the Pollution Control Agency.
6.18 (g) Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind
6.19rules and standards having the force of law relating to any purpose within the provisions
of
6.20this chapter for generators of hazardous waste, the management, identification, labeling,
6.21classification, storage, collection, treatment, transportation, processing, and disposal
of
6.22hazardous waste and the location of hazardous waste facilities. A rule or standard
may be
6.23of general application throughout the state or may be limited as to time, places,
circumstances,
6.24or conditions. In implementing its hazardous waste rules, the Pollution Control Agency
6.25shall give high priority to providing planning and technical assistance to hazardous
waste
6.26generators. The agency shall assist generators in investigating the availability and
feasibility
6.27of both interim and long-term hazardous waste management methods. The methods shall
6.28include waste reduction, waste separation, waste processing, resource recovery, and
6.29temporary storage.
6.30 (h) The Pollution Control Agency shall give highest priority in the consideration
of
6.31permits to authorize disposal of diseased shade trees by open burning at designated
sites to
6.32evidence concerning economic costs of transportation and disposal of diseased shade
trees
6.33by alternative methods.
7.1 Sec. 60. Minnesota Statutes 2020, section 116.07, subdivision 4a, is amended to read:
7.2 Subd. 4a.
Permits. (a) The Pollution Control Agency may issue, continue in effect or
7.3deny permits, under such conditions as it may prescribe for the prevention of pollution,
for
7.4the emission of
greenhouse gases or other air contaminants
, or; for the installation or
7.5operation of any emission facility, air contaminant treatment facility, treatment
facility,
7.6potential air contaminant storage facility, or storage facility, or any part thereof
,; or for the
7.7sources or emissions of noise pollution.
7.8 (b) The Pollution Control Agency may also issue, continue in effect or deny permits,
7.9under such conditions as it may prescribe for the prevention of pollution, for the
storage,
7.10collection, transportation, processing, or disposal of waste, or for the installation
or operation
7.11of any system or facility, or any part thereof, related to the storage, collection,
transportation,
7.12processing, or disposal of waste.
7.13 (c) The agency may not issue a permit to a facility without analyzing and considering
7.14the cumulative levels and effects of past and current environmental pollution from
all sources
7.15on the environment and residents of the geographic area within which the facility's
emissions
7.16are likely to be deposited, provided that the facility is located in a community in
a city of
7.17the first class in Hennepin County that meets all of the following conditions:
7.18 (1) is within a half mile of a site designated by the federal government as an EPA
7.19superfund site due to residential arsenic contamination;
7.20 (2) a majority of the population are low-income persons of color and American Indians;
7.21 (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
7.22or other environmentally related health problems;
7.23 (4) is located in a city that has experienced numerous air quality alert days of dangerous
7.24air quality for sensitive populations between February 2007 and February 2008; and
7.25 (5) is located near the junctions of several heavily trafficked state and county highways
7.26and two one-way streets which carry both truck and auto traffic.
7.27 (d) The Pollution Control Agency may revoke or modify any permit issued under this
7.28subdivision and section
116.081 whenever it is necessary, in the opinion of the agency, to
7.29prevent or abate pollution.
7.30 (e) The Pollution Control Agency has the authority for approval over the siting, expansion,
7.31or operation of a solid waste facility with regard to environmental issues. However,
the
7.32agency's issuance of a permit does not release the permittee from any liability, penalty,
or
7.33duty imposed by any applicable county ordinances. Nothing in this chapter precludes,
or
8.1shall be construed to preclude, a county from enforcing land use controls, regulations,
and
8.2ordinances existing at the time of the permit application and adopted pursuant to
sections
8.3366.10 to
366.181,
394.21 to
394.37, or
462.351 to
462.365, with regard to the siting,
8.4expansion, or operation of a solid waste facility.
8.5(f) Except as prohibited by federal law, a person may commence construction,
8.6reconstruction, replacement, or modification of any facility prior to the issuance
of a
8.7construction permit by the agency."
8.8Renumber the sections in sequence and correct the internal references
8.9Amend the title accordingly
8.10The motion prevailed. #did not prevail. So the amendment was #not adopted.