Methods of emissions measurements, emissions limit, and capacity limits for municipal solid waste incinerators provisions

A bill for an act

relating to solid waste; providing for methods of emissions measurements,

emissions limits, and capacity limits for municipal solid waste incinerators;

amending Minnesota Statutes 2024, section 383B.235, subdivision 3; proposing

coding for new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[115A.575] MUNICIPAL SOLID WASTE INCINERATORS; EMISSIONS

LIMITS; DATA DISCLOSURE.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Air contaminant" has the meaning given in section 116.06, subdivision 2.

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(c) "Continuous automated sampling system" means the total equipment and procedures

for automated sample collection, sample recovery, and analysis used to determine an air

contaminant's concentration or emission rate by collecting a single sample or multiple

integrated samples of the air contaminant for subsequent on- or off-site analysis.

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(d) "Continuous emissions monitoring system" means a pollution monitoring system

that:

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(1) is capable of on-site sampling, at least once per minute when feasible but no less

than once every two hours; conditioning; analyzing; and recording emissions of an air

contaminant from a facility; and

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(2) meets the data acquisition and availability requirements, where applicable, of the

United States Environmental Protection Agency or Minnesota Pollution Control Agency.

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(e) "Dioxin/furan" means tetra- through octa-chlorinated dibenzo-p-dioxins and

dibenzofurans.

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(f) "Municipal solid waste incinerator" means a facility:

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(1) in which mixed municipal solid waste is combusted; and

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(2) that is subject to section 216B.1691, subdivision 1a.

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Municipal solid waste incinerator includes an energy recovery facility, as defined in

Minnesota Rules, part 7035.0300, subpart 35.

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(g) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the meaning given

in section 116.943, subdivision 1.

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(h) "Shutdown" means the period that begins when waste is no longer fed into the

combustion chamber of a municipal solid waste incinerator and continues until the remaining

waste in the combustion chamber is combusted and the facility has fully cooled.

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(i) "Start-up" means the period following warm-up when waste begins to be continuously

fed into the combustion chamber of a municipal solid waste incinerator.

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(j) "Technologically feasible and commercially available" means a system that is

technologically possible to install and offered for purchase from equipment vendors for the

proposed application and for which service contracts can be obtained for a fee.

Technologically feasible and commercially available does not include an analysis of the

costs of the system.

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(k) "Warm-up" means the period that begins with preheating the combustion chamber

of a municipal solid waste incinerator and continues until the required combustion

temperature is achieved.

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Subd. 2.

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Emissions limits.

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(a) A municipal solid waste incinerator subject to this section

must meet the emissions limits contained in the amendments to the new source performance

standards and emission guidelines for large municipal waste combustion units proposed by

the federal Environmental Protection Agency and published in the Federal Register, volume

89, number 15 (January 23, 2024), pages 4243-4268, as follows:

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(1) a municipal solid waste incinerator in operation before the effective date of this

section must meet the standards for all pollutants listed in Table 2, except carbon monoxide,

corrected to seven percent oxygen; and

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(2) a municipal solid waste incinerator that is constructed and begins initial operations

after the effective date of this section must meet the standards for all pollutants listed in

Table 3, except carbon monoxide, corrected to seven percent oxygen.

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(b) Notwithstanding any existing rule or permit condition, a municipal solid waste

incinerator must meet the carbon monoxide emissions limit established by the commissioner

each hour that the facility is operating.

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Subd. 3.

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Emissions measurement; plan; methods.

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(a) The owner or operator of a

municipal solid waste incinerator must submit a plan to the commissioner for deploying a

continuous emissions monitoring system or continuous automated sampling system, as

determined under paragraphs (b) and (c), to monitor or sample emissions of:

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(1) carbon dioxide;

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(2) ammonia;

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(3) hydrochloric acid;

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(4) polychlorinated biphenyls;

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(5) dioxin/furan;

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(6) lead;

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(7) mercury;

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(8) arsenic;

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(9) hexavalent chromium;

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(10) manganese;

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(11) nickel;

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(12) selenium;

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(13) zinc;

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(14) PFAS;

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(15) particulate matter less than ten microns in diameter;

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(16) particulate matter less than 2.5 microns in diameter;

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(17) volatile organic compounds;

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(18) hydrofluoric acid;

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(19) beryllium;

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(20) cadmium; and

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(21) polycyclic aromatic hydrocarbons.

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(b) The plan must provide for using a continuous emissions monitoring system to measure

the emission of one or more of the air contaminants listed in paragraph (a) if the

commissioner determines that a continuous emissions monitoring system is technologically

feasible and commercially available.

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(c) If the commissioner determines that no continuous emissions monitoring system

meets the requirements under paragraph (b) for a specific air contaminant, the plan must

provide for using a continuous automated sampling system to sample that air contaminant.

Such long-term sampling must provide year-round monitoring through back-to-back use of

long-term monthly samples. Calculated estimates based on parametric monitoring must not

be used in place of direct monitoring or sampling under any circumstances.

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(d) The plan must describe how the owner or operator will:

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(1) conduct continuous emissions monitoring and continuous automated sampling

required by this subdivision; and

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(2) make emissions data available to the agency in a format that is easily uploaded to

the agency's website and made available to the public.

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(e) The owner or operator of a municipal solid waste incinerator must submit the plan

required under this subdivision to the commissioner for approval no later than .... The

commissioner may modify the plan as necessary to ensure compliance with this subdivision

and the quality and accuracy of sampling or monitoring data.

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(f) The owner or operator of a municipal solid waste incinerator must implement a plan

approved under this subdivision no later than ... days after the commissioner approves the

plan.

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(g) A municipal solid waste incinerator must collect and report emissions data for all

air contaminants required under paragraph (a) during warm-up, start-up, and shutdown, but

emissions during these periods must be averaged at the stack oxygen content and not

corrected to seven percent oxygen, as are emissions collected during normal operations.

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Subd. 4.

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Emissions data disclosure.

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(a) No later than ..., each municipal solid waste

incinerator must submit to the commissioner a plan to implement an automated and

transparent data-sharing system that provides accurate and timely information from the

continuous emissions monitors and continuous automated sampling systems required under

subdivision 3 that can be uploaded to the agency website so that the information is accessible

to the public. The data-sharing system must incorporate elements that, for each air

contaminant listed in subdivision 3, at a minimum:

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(1) report emission readings in concentrations and in pounds per day and per year;

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(2) compare emissions with state and federal emissions limits and emissions limits in

permits;

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(3) list all violations of emissions limits;

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(4) report the operating status, including start-up and shutdown, at the time emissions

are measured;

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(5) maintain and archive emissions data so that it can be downloaded;

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(6) present the results of facility performance tests; and

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(7) automatically notify by electronic mail the owner and operator of the municipal

waste combustor, the commissioner, and any person who requests to be notified of emissions

violations.

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(b) The data-sharing system must report emissions of dioxin/furan in both mass emissions

and toxic equivalents, using the most recent factors developed by the United States

Environmental Protection Agency or the World Health Organization.

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(c) The commissioner may accept, reject, or modify the data-sharing plan to ensure data

accuracy and accessibility.

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(d) The commissioner must, no later than one year after a data-sharing plan is

implemented, issue a determination on whether the data measured by the continuous

emissions monitors and continuous automated sampling systems deployed under subdivision

3 is sufficiently accurate and reliable to be used for enforcement purposes.

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Subd. 5.

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Rulemaking.

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The commissioner must adopt rules to implement this section no

later than .... The 18-month time limit under section 14.125 does not apply to rules adopted

under this subdivision.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Minnesota Statutes 2024, section 383B.235, subdivision 3, is amended to read:

Subd. 3.

Existing facility
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may use its
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;
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capacity.

Notwithstanding subdivisions 1 and

2, an existing resource recovery facility
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that is subject to section 216B.1691, subdivision

1a,
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may
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not
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reclaim, burn, use, process, or dispose of
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more than 274,000 tons of
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mixed

municipal solid waste
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to the full extent of its maximum yearly capacity as of January 1,

2000
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annually, beginning in 2026
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. The facility must continue to comply with all federal

and state environmental laws and regulations and must obtain a conditional use permit from

the municipality where the facility is located.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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