1.1.................... moves to amend S.F. No. 4062, the first unofficial engrossment, as follows:
1.2Page 63, after line 32, insert:

1.3    "Sec. 62. Minnesota Statutes 2020, 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, including new or used passenger automobiles, medium
1.10and heavy duty trucks, recreational vehicles, including but not limited to golf carts,
1.11motorcycles, off-highway vehicles, snowmobiles and watercraft; or motorized equipment,
1.12including generators, lawn mowers, pressure washers, chain saws, leaf blowers, and weed
1.13trimmers, recognizing that due to variable factors, no single standard of purity of air is
1.14applicable to all areas of the state. In adopting standards the Pollution Control Agency shall
1.15give due recognition to the fact that the quantity or characteristics of air contaminants or
1.16the duration of their presence in the atmosphere, which may cause air pollution in one area
1.17of the state, may cause less or not cause any air pollution in another area of the state, and
1.18it shall take into consideration in this connection such factors, including others which it
1.19may deem proper, as existing physical conditions, zoning classifications, topography,
1.20prevailing wind directions and velocities, and the fact that a standard of air quality which
1.21may be proper as to an essentially residential area of the state, may not be proper as to a
1.22highly developed industrial area of the state. Such standards of air quality shall be premised
1.23upon scientific knowledge of causes as well as effects based on technically substantiated
1.24criteria and commonly accepted practices. No local government unit shall set standards of
1.25air quality which are more stringent than those set by the Pollution Control Agency.
2.1(b) The Pollution Control Agency shall promote solid waste disposal control by
2.2encouraging the updating of collection systems, elimination of open dumps, and
2.3improvements in incinerator practices. The agency shall also adopt standards for the control
2.4of the collection, transportation, storage, processing, and disposal of solid waste and sewage
2.5sludge for the prevention and abatement of water, air, and land pollution, recognizing that
2.6due to variable factors, no single standard of control is applicable to all areas of the state.
2.7In adopting standards, the Pollution Control Agency shall give due recognition to the fact
2.8that elements of control which may be reasonable and proper in densely populated areas of
2.9the state may be unreasonable and improper in sparsely populated or remote areas of the
2.10state, and it shall take into consideration in this connection such factors, including others
2.11which it may deem proper, as existing physical conditions, topography, soils and geology,
2.12climate, transportation, and land use. Such standards of control shall be premised on technical
2.13criteria and commonly accepted practices.
2.14(c) The Pollution Control Agency shall also adopt standards describing the maximum
2.15levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
2.16recognizing that due to variable factors no single standard of sound pressure is applicable
2.17to all areas of the state. Such standards shall give due consideration to such factors as the
2.18intensity of noises, the types of noises, the frequency with which noises recur, the time
2.19period for which noises continue, the times of day during which noises occur, and such
2.20other factors as could affect the extent to which noises may be injurious to human health
2.21or welfare, animal or plant life, or property, or could interfere unreasonably with the
2.22enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
2.23give due recognition to the fact that the quantity or characteristics of noise or the duration
2.24of its presence in the outdoor atmosphere, which may cause noise pollution in one area of
2.25the state, may cause less or not cause any noise pollution in another area of the state, and
2.26it shall take into consideration in this connection such factors, including others which it
2.27may deem proper, as existing physical conditions, zoning classifications, topography,
2.28meteorological conditions and the fact that a standard which may be proper in an essentially
2.29residential area of the state, may not be proper as to a highly developed industrial area of
2.30the state. Such noise standards shall be premised upon scientific knowledge as well as effects
2.31based on technically substantiated criteria and commonly accepted practices. No local
2.32governing unit shall set standards describing the maximum levels of sound pressure which
2.33are more stringent than those set by the Pollution Control Agency.
2.34(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
2.35waste and for the management, identification, labeling, classification, storage, collection,
3.1transportation, processing, and disposal of hazardous waste, recognizing that due to variable
3.2factors, a single standard of hazardous waste control may not be applicable to all areas of
3.3the state. In adopting standards, the Pollution Control Agency shall recognize that elements
3.4of control which may be reasonable and proper in densely populated areas of the state may
3.5be unreasonable and improper in sparsely populated or remote areas of the state. The agency
3.6shall consider existing physical conditions, topography, soils, and geology, climate,
3.7transportation and land use. Standards of hazardous waste control shall be premised on
3.8technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
3.9may be issued for a term not to exceed five years. No local government unit shall set
3.10standards of hazardous waste control which are in conflict or inconsistent with those set by
3.11the Pollution Control Agency.
3.12(e) A person who generates less than 100 kilograms of hazardous waste per month is
3.13exempt from the following agency hazardous waste rules:
3.14(1) rules relating to transportation, manifesting, storage, and labeling for photographic
3.15fixer and x-ray negative wastes that are hazardous solely because of silver content; and
3.16(2) any rule requiring the generator to send to the agency or commissioner a copy of
3.17each manifest for the transportation of hazardous waste for off-site treatment, storage, or
3.18disposal, except that counties within the metropolitan area may require generators to provide
3.19manifests.
3.20Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
3.21accumulation or outdoor storage. A political subdivision or other local unit of government
3.22may not adopt management requirements that are more restrictive than this paragraph.
3.23(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
3.24solid waste, or hazardous waste under this chapter, or standards for water quality under
3.25chapter 115, the statement of need and reasonableness must include:
3.26(1) an assessment of any differences between the proposed rule and:
3.27(i) existing federal standards adopted under the Clean Air Act, United States Code, title
3.2842, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
3.29and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
3.3042, section 6921(b)(1);
3.31(ii) similar standards in states bordering Minnesota; and
3.32(iii) similar standards in states within the Environmental Protection Agency Region 5;
3.33and
4.1(2) a specific analysis of the need and reasonableness of each difference."
4.2Page 89, after line 28, insert:
4.3"(d) Minnesota Rules, parts 7023.0150; 7023.0200; 7023.0250; and 7023.0300, are
4.4repealed."
4.5Renumber the sections in sequence and correct the internal references
4.6Amend the title accordingly