1.1                          A bill for an act 
  1.2             relating to the environment; modifying requirements 
  1.3             for mercury testing in incinerator emissions; amending 
  1.4             Minnesota Statutes 1996, section 116.85, subdivision 1.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 116.85, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [EMISSION MONITORS.] Notwithstanding any 
  1.9   other law to the contrary, an incinerator permit that contains 
  1.10  emission limits for dioxin, cadmium, chromium, lead, or mercury 
  1.11  must, as a condition of the permit, require the installation of 
  1.12  an air emission monitoring system approved by the commissioner.  
  1.13  The monitoring system must provide continuous measurements to 
  1.14  ensure optimum combustion efficiency for the purpose of ensuring 
  1.15  optimum dioxin destruction.  The system shall also be capable of 
  1.16  providing a permanent record of monitored emissions that will be 
  1.17  available upon request to the commissioner and the general 
  1.18  public.  The commissioner shall provide periodic inspection of 
  1.19  the monitoring system to determine its continued accuracy.  
  1.20     Subd. 1a.  [MERCURY TESTING] ~~The facility must~~ (a) 
  1.21  Notwithstanding any other law to the contrary, an incinerator 
  1.22  permit that contains emission limits for mercury must, as a 
  1.23  condition of the permit, conduct periodic stack testing for 
  1.24  mercury as described by this subdivision. 
  1.25     (b) An incinerator shall conduct stack testing for mercury 
  2.1   at intervals not to exceed 90 days.  Incinerators burning 
  2.2   greater than 30 percent by weight of refuse-derived fuel 
  2.3   ~~facilities~~ must conduct periodic stack testing for mercury at 
  2.4   intervals not to exceed ~~15~~ 12 months unless a previous test 
  2.5   showed a permit exceedence after which the agency may require 
  2.6   quarterly testing until permit requirements are satisfied. 
  2.7      (c) After demonstrating that mercury emissions have been 
  2.8   below 50 percent of the permit's mercury limit for three 
  2.9   consecutive years, as tested under the conditions of paragraph 
  2.10  (b), an incinerator facility processing less than 250 tons of 
  2.11  waste per day may choose to conduct stack testing once every 
  2.12  three years or according to applicable federal requirements, 
  2.13  whichever is more stringent.  The facility shall notify the 
  2.14  commissioner of its alternative mercury testing schedule, and 
  2.15  the commissioner shall include operating conditions in the 
  2.16  facility's permit that ensures that the facility will continue 
  2.17  to emit mercury emissions less than 50 percent of the applicable 
  2.18  standard.  
  2.19     (d) If a test conducted under the provisions of paragraph 
  2.20  (c) shows mercury emissions greater than 50 percent of the 
  2.21  permit's mercury limit, the facility shall conduct annual 
  2.22  mercury stack sampling until emissions are below 50 percent of 
  2.23  the permit's mercury limit.  Once the facility demonstrates that 
  2.24  mercury emissions are again below 50 percent of the applicable 
  2.25  standard, the facility may resume testing every three years or 
  2.26  according to federal requirements, whichever is more stringent, 
  2.27  upon notifying the commissioner.