House passes measure to exempt some storage facilities from fugitive emissions standards

Some temporary storage facilities, such as grain elevators and ethanol plants, may be exempt from fugitive dust emission rules.

Sponsored by Rep. Jeff Backer (R-Browns Valley) and Sen. Torrey Westrom (R-Elbow Lake), HF3441/SF3182* was passed 102-7 by the House Tuesday. The Senate passed the bill April 30 by a 65-0 vote. It now goes to Gov. Mark Dayton.

Officials from an ethanol plant near Morris told a House committee in March their operation meets the federal guidelines for a flat-storage facility but the Pollution Control Agency has said the company is not in compliance with the rules.

Testifying at the same meeting, representatives of the PCA said the agency is interpreting federal rules on the issue correctly and that the bill may be in conflict with federal law. They said emissions problems can occur when loading and unloading some commodities that create clouds of dust and lead to neighbors in the area being “dusted.” The PCA receives about 20 complaints each year regarding facilities of this type.

However, Backer said he has since worked out compromise language that now satisfies all concerned.