Air Quality Housekeeping Rule

Amendments to Minnesota Rules Chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, and 7019

The MPCA is planning amendments to rules governing air quality, Minnesota Rules chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, and 7019. The Request for Comments on this rulemaking was published in the State Register on Dec. 14, 2020. A copy of the notice and comments received are available below under rulemaking documents.

Background

This rulemaking, referred to as the Air Quality Housekeeping Rule (R-04678), 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, clarify ambiguous rule language, and correct gaps or errors identified while administering the rules. This rulemaking is needed to maintain the delegation from the U.S. Environmental Protection Agency (EPA) to implement and enforce certain provisions of the Clean Air Act in Minnesota, including the Title V operating permit program.

The proposed rule will most likely have two main parts. 

Part 1: Housekeeping rules. Various rule updates are necessary to account for changes in federal rules, to clarify existing language, and ease overall understanding of the rules. This rulemaking includes:

  1. Amendments relating to requesting modeling information from Option C, D, and capped permit holders under Chapter 7007.
  2. Incorporation by reference of federal performance standards for municipal waste combustors to retire waste combustor emission limit variances under Chapter 7011.
  3. Evaluating the adoption of rules to incorporate federal emission guidelines controlling greenhouse gas emissions from coal-fired electric generating units (“Affordable Clean Energy” (ACE) rule 40 CFR Part 60 Subp. UUUUa)
  4. Amendments to clarify air quality protection program terms and definitions under various rule chapters.

Part 2: Trichloroethylene (TCE) rules. The 2020 Minnesota Legislature enacted a ban on the use of TCE through the air quality permitting program. The MPCA intends to adopt rule provisions to implement the ban.

Rulemaking documents

PDF icon State Register notice: Request for comments (aq-rule2-30a)

PDF icon Preliminary concepts for amendments to air quality rules (aq-rule2-30b)

PDF icon Comments received in response to Request for Comments (aq-rule2-30c)

Schedule

Task Date(s)
Publish Request for Comments (RFC) State Register: Dec. 14, 2020
Stakeholder engagement Pending - stakeholder meetings to be determined
Publish Dual Notice of proposed rules September 2021

Final adoption of rules:

  • no hearing
  • with a hearing

 

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

Links to related materials

Minnesota Statutes

Minnesota Rules

Contacts

Questions about the rule amendments or technical aspects of the rule: Anne Jackson, anne.jackson@state.mn.us or 651-757-2460

Questions about the rule process or schedule: Mary H. Lynn, mary.lynn@state.mn.us or 651-757-2439