1.1.................... moves to amend H.F. No. 4554, the second engrossment, as follows:
1.2Page 42, after line 17, insert:
1.3 "Sec. 61. Minnesota Statutes 2018, section 116.07, subdivision 2, is amended to read:
1.4 Subd. 2.
Adopting standards. (a) The Pollution Control Agency shall improve air
1.5quality by promoting, in the most practicable way possible, the use of energy sources
and
1.6waste disposal methods which produce or emit the least air contaminants consistent
with
1.7the agency's overall goal of reducing all forms of pollution. The agency shall also
adopt
1.8standards of air quality,
not including maximum allowable standards of emission of air
1.9contaminants from motor vehicles, recognizing that due to variable factors, no single
standard
1.10of purity of air is applicable to all areas of the state. In adopting standards the
Pollution
1.11Control Agency shall give due recognition to the fact that the quantity or characteristics
of
1.12air contaminants or the duration of their presence in the atmosphere, which may cause
air
1.13pollution in one area of the state, may cause less or not cause any air pollution
in another
1.14area of the state, and it shall take into consideration in this connection such factors,
including
1.15others which it may deem proper, as existing physical conditions, zoning classifications,
1.16topography, prevailing wind directions and velocities, and the fact that a standard
of air
1.17quality which may be proper as to an essentially residential area of the state, may
not be
1.18proper as to a highly developed industrial area of the state. Such standards of air
quality
1.19shall be premised upon scientific knowledge of causes as well as effects based on
technically
1.20substantiated criteria and commonly accepted practices. No local government unit shall
set
1.21standards of air quality which are more stringent than those set by the Pollution
Control
1.22Agency.
1.23(b) The Pollution Control Agency shall promote solid waste disposal control by
1.24encouraging the updating of collection systems, elimination of open dumps, and
1.25improvements in incinerator practices. The agency shall also adopt standards for the
control
2.1of the collection, transportation, storage, processing, and disposal of solid waste
and sewage
2.2sludge for the prevention and abatement of water, air, and land pollution, recognizing
that
2.3due to variable factors, no single standard of control is applicable to all areas
of the state.
2.4In adopting standards, the Pollution Control Agency shall give due recognition to
the fact
2.5that elements of control which may be reasonable and proper in densely populated areas
of
2.6the state may be unreasonable and improper in sparsely populated or remote areas of
the
2.7state, and it shall take into consideration in this connection such factors, including
others
2.8which it may deem proper, as existing physical conditions, topography, soils and geology,
2.9climate, transportation, and land use. Such standards of control shall be premised
on technical
2.10criteria and commonly accepted practices.
2.11(c) The Pollution Control Agency shall also adopt standards describing the maximum
2.12levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
2.13recognizing that due to variable factors no single standard of sound pressure is applicable
2.14to all areas of the state. Such standards shall give due consideration to such factors
as the
2.15intensity of noises, the types of noises, the frequency with which noises recur, the
time
2.16period for which noises continue, the times of day during which noises occur, and
such
2.17other factors as could affect the extent to which noises may be injurious to human
health
2.18or welfare, animal or plant life, or property, or could interfere unreasonably with
the
2.19enjoyment of life or property. In adopting standards, the Pollution Control Agency
shall
2.20give due recognition to the fact that the quantity or characteristics of noise or
the duration
2.21of its presence in the outdoor atmosphere, which may cause noise pollution in one
area of
2.22the state, may cause less or not cause any noise pollution in another area of the
state, and
2.23it shall take into consideration in this connection such factors, including others
which it
2.24may deem proper, as existing physical conditions, zoning classifications, topography,
2.25meteorological conditions and the fact that a standard which may be proper in an essentially
2.26residential area of the state, may not be proper as to a highly developed industrial
area of
2.27the state. Such noise standards shall be premised upon scientific knowledge as well
as effects
2.28based on technically substantiated criteria and commonly accepted practices. No local
2.29governing unit shall set standards describing the maximum levels of sound pressure
which
2.30are more stringent than those set by the Pollution Control Agency.
2.31(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
2.32waste and for the management, identification, labeling, classification, storage, collection,
2.33transportation, processing, and disposal of hazardous waste, recognizing that due
to variable
2.34factors, a single standard of hazardous waste control may not be applicable to all
areas of
2.35the state. In adopting standards, the Pollution Control Agency shall recognize that
elements
3.1of control which may be reasonable and proper in densely populated areas of the state
may
3.2be unreasonable and improper in sparsely populated or remote areas of the state. The
agency
3.3shall consider existing physical conditions, topography, soils, and geology, climate,
3.4transportation and land use. Standards of hazardous waste control shall be premised
on
3.5technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
3.6may be issued for a term not to exceed five years. No local government unit shall
set
3.7standards of hazardous waste control which are in conflict or inconsistent with those
set by
3.8the Pollution Control Agency.
3.9(e) A person who generates less than 100 kilograms of hazardous waste per month is
3.10exempt from the following agency hazardous waste rules:
3.11(1) rules relating to transportation, manifesting, storage, and labeling for photographic
3.12fixer and x-ray negative wastes that are hazardous solely because of silver content;
and
3.13(2) any rule requiring the generator to send to the agency or commissioner a copy
of
3.14each manifest for the transportation of hazardous waste for off-site treatment, storage,
or
3.15disposal, except that counties within the metropolitan area may require generators
to provide
3.16manifests.
3.17Nothing in this paragraph exempts the generator from the agency's rules relating to
on-site
3.18accumulation or outdoor storage. A political subdivision or other local unit of government
3.19may not adopt management requirements that are more restrictive than this paragraph.
3.20(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
3.21solid waste, or hazardous waste under this chapter, or standards for water quality
under
3.22chapter 115, the statement of need and reasonableness must include:
3.23(1) an assessment of any differences between the proposed rule and:
3.24(i) existing federal standards adopted under the Clean Air Act, United States Code,
title
3.2542, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections
1312(a)
3.26and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code,
title
3.2742, section 6921(b)(1);
3.28(ii) similar standards in states bordering Minnesota; and
3.29(iii) similar standards in states within the Environmental Protection Agency Region
5;
3.30and
3.31(2) a specific analysis of the need and reasonableness of each difference.
3.32EFFECTIVE DATE.This section is effective the day following final enactment."
4.1Renumber the sections in sequence and correct the internal references
4.2Amend the title accordingly