The Minnesota Toxic Pollution Prevention Act (TPPA) requires the payment of pollution prevention fees on January 1 of each year.
The fees are collected by the Minnesota Pollution Control Agency (MPCA). The pollution prevention fees support Minnesota's pollution prevention assistance activities. Programs include the Minnesota Technical Assistance Program (MnTAP), grants and loans, workshops, conferences and educational materials such as the Minnesota Guide to Pollution Prevention Planning, fact sheets and online resources.
Who pays P2 fees?
The federal Emergency Planning and Community Right-to-Know Act requires certain facilities to report releases of listed toxic chemicals on the toxic chemical release inventory (TRI) "Form R." Facilities reporting toxic chemical releases are required to pay pollution prevention fees to the MPCA.
Large Quantity Generators (LQGs) of hazardous waste must pay a fee to the MPCA based on hazardous waste generation only if they are not required to pay a pollution prevention fee based on toxic chemical releases for that same year.
Calculating the fee
Under the TPPA, fees must be calculated in the following manner by facilities required to report toxic chemical releases.
Total pounds of toxic chemicals
- Facilities reporting releases of less than 25,000 pounds annually of toxic chemicals must pay $500.
- Facilities reporting annual releases of toxic chemicals in excess of 25,000 pounds pay a graduated fee of $0.02 per pound of toxic chemicals reported released. There is no maximum fee.
Calculating the fee
- Add together releases reported on Section 8.1 of Form R. Off-site transfers for waste treatment or disposal in Section 8.7 of Form R are also included.
- Quantities transferred off-site for recycling and energy recovery as reported on Section 8 of Form R are not assessed the pollution prevention fee.
Total number of toxic chemicals
A fee of $150 is assessed for each toxic chemical reported released.
Large Quantity Generators (LQGs)
The TPPA requires that LQGs of hazardous waste—those not required to pay pollution prevention fees based on toxic chemical releases—must pay an annual pollution prevention fee of $500.
Minnesota Rules, Chapter 7045, set guidelines for identifying and regulating generators of hazardous waste. Plants and facilities that generate more than 1,000 kilograms of hazardous waste per month are regulated as Large Quantity Generators.
The Minnesota Pollution Control Agency (MPCA) and metropolitan county hazardous waste offices supply the list of facilities identified as LQGs for billing purposes.
If the fee is incorrect
If you believe that the information on the fee statement does not match information supplied to the Minnesota Emergency Planning and Community Right-to-Know Act (EPCRA) Program on Form R, you should contact the EPCRA at 651-201-7417 to request that the information be verified. [The EPCRA Program was formerly known as the Emergency Response Commission (ERC).]
LQGs located within the seven metropolitan counties
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington
If you have received a statement but believe that your facility is not an LQG, contact your county hazardous waste office. The hazardous waste office will need to notify the pollution prevention fee coordinator in writing of a change in your generator status. The pollution prevention fee coordinator does not have the authority to change your generator status.
LQGs outside the Metropolitan Area
If you have received a statement but believe that your facility is not an LQG, email the MPCA’s pollution prevention fee coordinator of a change in your status: firstname.lastname@example.org. The pollution prevention fee coordinator does not have the authority to change your generator status.
Pollution prevention fees fund the technical assistance provided by the Minnesota Technical Assistance Program (MnTAP). MnTAP is a non-regulatory program at the University of Minnesota School of Public Health. Assistance is available to companies at no charge, including:
- Telephone and on-site assistance.
- Seminars and workshops.
- Student interns that will learn the processes that generate wastes and help identify pollution prevention opportunities.
- Publications, including a revised and updated version of the Minnesota Guide to Pollution Prevention Planning, a tool to help companies develop and implement pollution prevention initiatives.
In 2007, MnTAP helped clients eliminate 1.24 million pounds of waste and pollution, reuse 426,800 pounds of materials, and conserve 6.8 million gallons of water. In addition, energy efficiency activities resulted in a savings of 17 million kWh and 385,600 therms, preventing 42 million pounds of carbon dioxide emissions. Total cost savings to business was $1.9 million.
For more information, call 612-624-1300 or 800-247-0015 toll free. Visit the MnTAP web site at www.mntap.umn.edu
For more information
Contact MPCA's Mark Snyder (651-215-0222) for further information on this fee.