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Possible Amendments to Minnesota Rules Chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, 7021, 7023, 7027, and 7030 (Omnibus Air Rule)

Rule Development Activities

The MPCA's first step in the rulemaking process was to public notice a Request for Comments regarding the possible amendments to the rules governing air quality. The notice was published in the State Register on September 17, 2012. A copy of the notice and comments received are available below under Notice(s). Formal public comments will be accepted when the proposed rules are published in the State Register.

Comments submitted early in the rulemaking process provide valuable input in the development of draft rules. Though the Request for Comment public notice period has ended, the MPCA encourages continued comment and input related to this rulemaking to help inform the MPCA about making rule revisions. Written comments may be submitted to the staff contact identified below.

The MPCA does not yet have a draft rule prepared. Interested persons may request to be notified when a preliminary draft of the rule is available and for other updates about this rulemaking by signing up for the GovDelivery mail list.

Background

The MPCA is considering possible amendments to Minnesota Rules chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, 7021, 7023, 7027, 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. 

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. 

The rule will most likely have two main parts. 

Part 1 — Sulfur Dioxide (SO2) and Nitrogen Dioxide (NO2) Revisions

EPA recently promulgated new revised ambient standards for SO2 and NO2.  These federal standards are applicable requirements for regulated parties. The MPCA intends to simplify for regulated parties, their demonstration of compliance with these new federal ambient standards by:

  • Amending 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; and
  • Amending the same standards of performance under Chapter 7011 to establish new emission limits for Nitrogen Oxides (NOX), of which NO2 is a subset.  Current standards of performance do not include any limitations on NOX emissions. 

The rule revisions related to standards of performance for SO2 and NO2 are necessary to help ensure compliance with the new federal ambient standards.  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.  

The MPCA will determine how to proceed with Part 1 after reviewing responses received to the Request for Comments. For example, based on responses, the MPCA may proceed with SO2 and NO2 revisions, only SO2 revisions, or only NO2 revisions.  The MPCA may also proceed with amending none, one, or more of the standards of performance listed. 

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 that may be amended:

  • 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.  Also, the MPCA may consider updates to additional air rules in Chapters 7021, 7023, and 7027, should the need be identified.  These types of amendments would generally conform to the purpose of the Omnibus Air Rule, as described above.

Tentative Schedule

Task

Date(s)

Publish Request for Comments

September 2012

Stakeholder engagement

Pending — stakeholder meetings to be determined

A preliminary draft of rule will be released for stakeholder comment in advance of publication of the Dual Notice. The release may be online through this webpage or a stakeholder meeting(s). In either case, an associated informal comment deadline will be provided.

Publish Dual Notice of proposed rules in the State Register

December 2013

Final adoption of rules:

  • no hearing
  • with a hearing

 

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

Notice(s)

Agendas and meeting notes

  • Pending — This file will be added as materials become available.

Links to Related Statutes and Rules

Minnesota Statutes

Minnesota Rules

Links to Related Materials

Staff Contact

Mary H. Lynn
520 Lafayette Road North
St. Paul, MN 55155-4194
651-757-2439
mary.lynn@state.mn.us

Rule Development Activities

The MPCA's first step in the rulemaking process was to public notice a Request for Comments regarding the possible amendments to the rules governing air quality.  The notice was published in the State Register on September 17, 2012. A copy of the notice and comments received are available below under Notice(s).  Formal public comments will be accepted when the proposed rules are published in the State Register. 

Comments submitted early in the rulemaking process provide valuable input in the development of draft rules.  Though the Request for Comment public notice period has ended, the MPCA encourages continued comment and input related to this rulemaking to help inform the MPCA about making rule revisions.  Written comments may be submitted to the staff contact identified below.

The MPCA does not yet have a draft rule prepared.  Interested persons may request to be notified when a preliminary draft of the rule is available and for other updates about this rulemaking by signing up for the GovDelivery mail list, 

Last modified on December 06, 2012 11:04

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