(a) The Pollution Control Agency must:
(1) monitor and identify potential livestock facility violations of the state ambient air quality standards for hydrogen sulfide, using a protocol for responding to citizen complaints regarding feedlot odor and its hydrogen sulfide component, including the appropriate use of portable monitoring equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in violation of ambient hydrogen sulfide standards, take appropriate actions necessary to ensure compliance, utilizing appropriate technical assistance and enforcement and penalty authorities provided to the agency by statute and rule.
(b) Livestock production facilities are exempt from state ambient air quality standards while manure is being removed and for seven days after manure is removed from barns or manure storage facilities.
(c) For a livestock production facility having greater than 300 animal units, the maximum cumulative exemption in a calendar year under paragraph (b) is 21 days for the removal process.
(d) The operator of a livestock production facility that claims exemption from state ambient air quality standards under paragraph (b) must provide notice of that claim to either the Pollution Control Agency or the county feedlot officer delegated under section 116.07.
(e) State ambient air quality standards are applicable at the property boundary of a farm or a parcel of agricultural land on which a livestock production facility is located, except that if the owner or operator of the farm or parcel obtains an air quality easement from the owner of land adjoining the farm or parcel, the air quality standards must be applicable at the property boundary of the adjoining land to which the easement pertains. The air quality easement must be for no more than five years, must be in writing, and must be available upon request by the agency or the county feedlot officer. Notwithstanding the provisions of this paragraph, state ambient air quality standards are applicable at locations to which the general public has access. The "general public" does not include employees or other categories of people who have been directly authorized by the property owner to enter or remain on the property for a limited period of time and for a specific purpose, or trespassers.
(f) The agency may not require air emission modeling for a type of livestock system that has not had a hydrogen sulfide emission violation.
1997 c 216 s 115; 2000 c 435 s 6
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 116 — Pollution Control Agency
Section 116.011 — Pollution Report.
Section 116.02 — Pollution Control Agency; Creation And Powers.
Section 116.03 — Commissioner.
Section 116.04 — Executive Secretary.
Section 116.061 — Air Pollution; Emissions And Abatement.
Section 116.07 — Powers And Duties.
Section 116.071 — Cause Of Action For Abandoning Hazardous Waste On Property Of Another.
Section 116.0711 — Feedlot Permits; Conditions; County Grants.
Section 116.0712 — Modified Level One Feedlot Inventory.
Section 116.0713 — Livestock Odor.
Section 116.0715 — Limit On Basis For Action.
Section 116.0716 — Rule Variance.
Section 116.0717 — Minerals Deposition.
Section 116.072 — Administrative Penalties.
Section 116.073 — Field Citations.
Section 116.074 — Notice Of Permit Conditions To Local Governments.
Section 116.075 — Hearings And Records Public.
Section 116.081 — Prohibitions; Air Contaminant And Waste Facilities And Systems.
Section 116.082 — Burning Leaves; Local Ordinances.
Section 116.091 — Systems And Facilities.
Section 116.10 — Policy; Long-range Plan; Purpose.
Section 116.101 — Hazardous Waste; Control And Spill Contingency Plan.
Section 116.11 — Emergency Powers.
Section 116.12 — Hazardous Waste Administration Fees.
Section 116.125 — Notification Of Fee Increases.
Section 116.14 — Hazardous Waste Facilities; Liability Of Guarantor.
Section 116.155 — Remediation Fund.
Section 116.16 — Minnesota State Water Pollution Control Program.
Section 116.163 — Agency Review; Financial Assistance And Bids.
Section 116.165 — Inspection Responsibility.
Section 116.17 — Minnesota State Water Pollution Control Bonds.
Section 116.18 — Water Pollution Control Funds; Appropriations And Bonds.
Section 116.182 — Financial Assistance Program.
Section 116.202 — Coal Tar Sealant; Use And Sale Prohibited.
Section 116.21 — Nutrients In Cleaning Agents And Water Conditioners; Control; Statement Of Policy.
Section 116.23 — Prohibition And Restrictions.
Section 116.26 — Restoring Seized Items.
Section 116.27 — Additional Prohibition.
Section 116.28 — Lists Required.
Section 116.32 — Order To Refrain.
Section 116.33 — Proof Of Offense.
Section 116.34 — Time Limited For Proceedings.
Section 116.35 — Trial Of Offenses.
Section 116.37 — Pcb; Prohibited Use.
Section 116.385 — Trichloroethylene; Ban.
Section 116.39 — Ozone Layer; Preservation.
Section 116.41 — Waste And Waste Facilities Training And Certification.
Section 116.42 — Acid Deposition; Legislative Intent.
Section 116.43 — Acid Deposition Defined.
Section 116.44 — Sensitive Areas; Standards.
Section 116.454 — Monitoring Program.
Section 116.48 — Notification Requirements.
Section 116.482 — Petroleum Release; Notification.
Section 116.49 — Environmental Protection Requirements.
Section 116.491 — Tank Installers; Training And Certification.
Section 116.492 — Basement Storage Tanks; Removal.
Section 116.731 — Requirements To Recycle Cfc's.
Section 116.732 — Requirement To Recycle Fire Extinguisher Halons.
Section 116.733 — Medical Device Exemption.
Section 116.734 — Uniform Cfc Regulation.
Section 116.735 — Training And Certification.
Section 116.78 — Waste Management.
Section 116.79 — Management Plans.
Section 116.80 — Transporting Infectious Waste.
Section 116.801 — Incinerating Infectious Waste; Permit Required.
Section 116.802 — Incinerating Infectious Waste; Environmental Impact.
Section 116.82 — Authority Of Local Government.
Section 116.835 — Safe Sharps Management.
Section 116.84 — Monitors Required For Pcb Incinerators.
Section 116.85 — Monitors Required For Other Incinerators.
Section 116.875 — Authorized Management Methods.
Section 116.88 — Prohibited Methods Of Management.
Section 116.885 — Recycling And Treatment.
Section 116.91 — Citizen Reports Of Environmental Violations.
Section 116.915 — Mercury Reduction.
Section 116.92 — Mercury Emissions; Reduction.
Section 116.921 — Multistate Clearinghouse.
Section 116.925 — Electric Energy; Mercury Emissions Report.
Section 116.93 — Lamp Recycling Facilities.
Section 116.931 — Wheel Weights And Balancing Products; Lead And Mercury Prohibition.
Section 116.9401 — Definitions.
Section 116.9402 — Identifying Chemicals Of High Concern.
Section 116.9403 — Identifying Priority Chemicals.
Section 116.9405 — Applicability.
Section 116.9406 — Donations To The State.
Section 116.9407 — Participating In Interstate Chemicals Clearinghouse.
Section 116.97 — Small Business Air-quality Compliance Assistance Program.
Section 116.98 — Ombudsman For Small Business Air-quality Compliance Assistance Program.
Section 116.99 — Small Business Air-quality Compliance Advisory Council.
Section 116.993 — Small Business Environmental-improvement Loan Program.
Section 116.994 — Small Business Environmental-improvement Loan Accounting.