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Amendments to Minnesota Rules Chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, and 7030 (Omnibus Air Rule)

Rulemaking

The Minnesota Pollution Control Agency (MPCA) is planning rule amendments to Minnesota Rules chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, and 7030. This rulemaking, referred to as the Omnibus Air Rule, is part of an ongoing effort to maintain and improve the MPCA’s existing rules. To stay informed on the Omnibus Air Rule development, sign up for email notices through GovDelivery.

The overall purpose of the rulemaking is to keep the air quality rules current, ensure consistency with applicable federal and state regulations, remove redundant language and clarify ambiguous rule language, and correct gaps or errors identified while administering the rules.

A stakeholder meeting on the Preliminary Draft Omnibus Air Rules was held September 10, 2014, at the MPCA St. Paul office and via WebEx. The purpose of the meeting was to share preliminary draft rule language and clarify the MPCA’s intent with these rules so that stakeholders are able to provide written informal comments on the draft rules. Written comments on the draft rules may be submitted through October 1, 2014, to mary.lynn@state.mn.us. The preliminary draft rules, rule summary document, and meeting materials are available below.

Background

The rule will most likely have two main parts. 

Part 1 — Sulfur Dioxide (SO2) Revisions

EPA recently promulgated new revised ambient standards for SO2 and nitrogen dioxide (NO2). These federal standards are applicable requirements for regulated parties. With these rule amendments, the MPCA plans to proceed with only the SO2 revisions. These revisions are intended to simplify for regulated parties, their demonstration of compliance with the new federal ambient standard for SO2. The MPCA plans to amend the standards of performance under Chapter 7011 for indirect heating fossil-fuel burning equipment, direct heating fossil-fuel burning equipment, and stationary internal combustion engines by further lowering the emissions limit of SO2 from such equipment. 

The rule revisions related to standards of performance for SO2 are necessary to help ensure compliance with the new federal ambient standard. These revisions will also allow enforceable emission limitations to be applied to multiple sources, rather than on a permit by permit basis, which is expected to result in cost savings both for the regulated parties, and MPCA.

Part 2 — Housekeeping

Various rule updates are necessary to account for changes in federal rules and/or guidance, to clarify existing language, and ease overall understanding of the rules. The list below includes some of the rules the MPCA is planning to amend:

  • Amendments to the procedure for administrative amendments under Chapter 7007 to conform to the new statutory requirements for completeness determination and permit issuance, and to create a simple process for revising non-substantive permit information (such as facility description).
  • Amendments to Chapter 7007 to address the 2009 federal Flexible Air Permitting Rule.
  • Amendments to Chapter 7007 to reflect changes to some permit application requirements resulting from administrative processes implemented to meet the 150-day permit issuance goal established by the Permitting Efficiency Law of 2011 and Laws of Minnesota 2012, Chapter 150, Article 1, Subp. 14a.
  • Amendments to Chapter 7008 to exempt certain refrigerants as exempted in the federal Mandatory Greenhouse Gas Reporting Rule.
  • Amendments to Chapter 7009 to clarify applicability of National Ambient Air Quality Standards (NAAQS), revise standards to match current federal standards, and make the definition of ambient air consistent with federal definition.
  • Amendments to Chapter 7017 relating to downtime and Quality Assurance and Quality Control (QA/QC) for Continuous Emission Monitoring System (CEMS) and Continuous Opacity Monitoring System (COMS).
  • Amendments to Chapter 7030 to update the MPCA mailing address.
  • Amendments to Chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, and 7030 as they may come up and as the MPCA has time for. 

Schedule

Task

Date(s)

Publish Request for Comments

September 2012

Stakeholder engagement

Stakeholder meeting on preliminary draft rules
September 10, 2014

Publish Dual Notice of proposed rules in the State Register

Spring 2015

Final adoption of rules:

  • no hearing
  • with a hearing

 

 ~3 months after Dual Notice
 ~6 months after Dual Notice

Contact Information

For questions about the status of the rulemaking or how to submit comments:

Mary H. Lynn
mary.lynn@state.mn.us
651-757-2439

Last modified on September 17, 2014 10:22

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