Subdivision 1. Emission monitors. Notwithstanding any other law to the contrary, an incinerator permit that contains emission limits for dioxin, cadmium, chromium, lead, or mercury must, as a condition of the permit, require the installation of an air emission monitoring system approved by the commissioner. The monitoring system must provide continuous measurements to ensure optimum combustion efficiency for the purpose of ensuring optimum dioxin destruction. The system shall also be capable of providing a permanent record of monitored emissions that will be available upon request to the commissioner and the general public. The commissioner shall provide periodic inspection of the monitoring system to determine its continued accuracy.
Subd. 1a. Mercury testing. (a) Notwithstanding any other law to the contrary, a facility holding an incinerator permit that contains emission limits for mercury must, as a condition of the permit, conduct periodic stack testing for mercury as described by this subdivision. Hospital waste incinerators having a design capacity of less than 3,000,000 Btu per hour may use mercury segregation practices as an alternative to stack testing if allowed by applicable federal requirements, with the approval of the commissioner.
(b) A facility shall conduct stack testing for mercury at intervals not to exceed three months. An incinerator facility burning greater than 30 percent by weight of refuse-derived fuel must conduct periodic stack testing for mercury at intervals not to exceed 12 months unless a previous test showed a permit exceedence after which the agency may require quarterly testing until permit requirements are satisfied. With the approval of the commissioner, an incinerator facility may use methods other than stack testing for determining mercury in air emissions.
(c) After demonstrating that mercury emissions have been below 50 percent of the facility's permitted mercury limit for three consecutive years, as tested under the conditions of paragraph (b), an incinerator facility may choose to conduct stack testing once every three years or according to applicable federal requirements, whichever is more stringent. The facility shall notify the commissioner of its alternative mercury testing schedule, and the commissioner shall include operating conditions in the facility's permit that ensure that the facility will continue to emit mercury emissions less than 50 percent of the applicable standard.
(d) The provisions of paragraph (c) allowing for less frequent stack testing for mercury apply to a new unit constructed at a facility that has previously met the requirements of paragraph (c), provided that the new unit demonstrates, as tested under the conditions of paragraph (b), that mercury emissions have been below 50 percent of the new unit's permitted mercury limit for one year.
(e) If a test conducted under the provisions of paragraph (c) shows mercury emissions greater than 50 percent of the facility's permitted mercury limit, the facility shall conduct annual mercury stack sampling until emissions are below 50 percent of the facility's permitted mercury limit. Once the facility demonstrates that mercury emissions are again below 50 percent of the facility's permitted mercury limit, the facility may resume testing every three years or according to federal requirements, whichever is more stringent, upon notifying the commissioner.
(f) In amending, modifying, or reissuing a facility's air emissions permit which contains a provision that restricts mercury emissions from the facility the commissioner shall, at a minimum, continue that permit restriction at the same level unless the applicant demonstrates that no good cause exists to do so.
Subd. 2. Continuously monitored emissions. Should, at any time after normal startup, the permitted facility's continuously monitored emissions exceed permit requirements, based on accurate and valid emissions data, the facility shall immediately report the exceedance to the commissioner and immediately either commence appropriate modifications to the facility to ensure its ability to meet permitted requirements or commence shutdown if the modifications cannot be completed within 72 hours. Compliance with permit requirements must then be demonstrated based on additional testing.
Subd. 3. Periodically tested emissions. Should, at any time after normal startup, the permitted facility's periodically tested emissions exceed permit requirements based on accurate and valid emissions data, the facility shall immediately report the exceedance to the commissioner, shall undertake appropriate steps to ensure the facility's compliance with permitted requirements, and shall demonstrate compliance within 60 days of the initial report of the exceedance. If the commissioner determines that compliance has not been achieved within 60 days, then the facility shall shut down until compliance with permit requirements is demonstrated based on additional testing.
Subd. 4. Other law. This section shall not be construed to limit the authority of the agency to regulate incinerator operations under any other law.
1989 c 335 art 1 s 133; 1990 c 594 art 1 s 54; 1997 c 189 s 1; 1999 c 235 s 2; 2010 c 213 s 1
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.