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EPA emissions standards prompt bill directing PCA to not enforce them

David Thornton, right, assistant commissioner at the Pollution Control Agency, testifies Feb. 25 with concerns on a bill sponsored by Rep. Paul Anderson, left, that would prohibit wood-burning heater regulations.  Photo by Andrew VonBank
David Thornton, right, assistant commissioner at the Pollution Control Agency, testifies Feb. 25 with concerns on a bill sponsored by Rep. Paul Anderson, left, that would prohibit wood-burning heater regulations. Photo by Andrew VonBank

New emissions standards for newly made residential wood heaters have prompted legislation that would direct the Pollution Control Agency not to enforce those requirements.

The federal Environmental Protection Association submitted its new source performance standards on Feb. 3. They apply to manufacturers and do not impact wood-burning heaters already in use. The new standards limit the emissions of particulate matter to 0.32 pounds per million Btu of heat produced by wood-burning heaters.

But HF483 would prohibit the PCA from regulating the manufacture, performance or use of residential wood-burning heaters unless authorized to do so by the Legislature.

The House Environment and Natural Resources Policy and Finance Committee held the bill over Wednesday for possible inclusion in an omnibus bill.

Rep. Paul Anderson (R-Starbuck), the bill’s sponsor, said the new standards would be phased in over a five-year period and that the 0.32 standard seemed attainable. However, Anderson said he was “very concerned” about the next phase of the regulation, when the emissions requirement would drop even further – from .32 to .15 pounds per million Btu.

“It’s going to be very difficult and expensive to meet this new standard according to folks I’ve talked to that work in the industry,” Anderson said.

David Thornton, PCA assistant commissioner, said the agency preferred the Legislature “not take action on the bill” because the state could do nothing to prevent the new standards from taking effect.

“Our concern with this bill is that people may mistakenly interpret it to mean that it prevents the federal standards from applying in Minnesota, and I think that would put folks in a position that would be unfortunate,” Thornton said.

The companion, SF642, is sponsored by Sen. Bill Ingebrigtsen (R-Alexandria) and awaits action by the Senate Environment and Energy Committee.


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