Air Quality Housekeeping Rule

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

The Minnesota Pollution Control Agency (MPCA) is proposing amendments to rules governing air quality, Minnesota Rules chapters 7002, 7005, 7007, 7009, 7011, 7017, and 7019. The public notice for the proposed rules, known as the “air quality housekeeping rule,” is available on the MPCA Public Notice webpage. The proposed rules are open for public comment from October 18 to December 6, 2021. The proposed rules and related documents are provided below under rulemaking documents. The MPCA is requesting comments on the proposed rules. As explained in the public notice, written comments should be submitted to the Office of Administrative Hearings Rulemaking e-Comments webpage.

A public information meeting on the proposed rules will be held Thursday, November 18, 2021, from 1:30 p.m. - 3:00 p.m. via Webex. The purpose of the meeting is to provide an overview of the proposed rule amendments so that interested persons are able to provide written comment on the proposed rules.

File Webex: Public information meeting - Proposed Air Quality Housekeeping Rules (Nov. 18 - 1:30 p.m.)

Meeting number (access code): 2481 804 075; password: 8SsCRMsWw24
Join by phone: +1-415-655-0003

Rulemaking documents

October 2021

PDF icon Revisor proposed amendments to air quality rules (aq-rule2-30e)

PDF icon Statement of Need and Reasonableness for Proposed Rules (aq-rule2-30f)

PDF icon Notice of Intent to Adopt proposed rules (State Register: Oct. 18, 2021)

December 2020

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)

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 amendments are summarized below.

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 includes:

  1. Updating requirements for Part 70 permit application notice and comment, and updating procedures to petition for EPA review of state and Part 70 permits.
  2. Modifying general requirements for Option B, C, and D registration permits and capped permits.
  3. Incorporating by reference federal plan requirements for small municipal waste combustor units and municipal solid waste landfills.
  4. Other minor housekeeping rule changes to clarify definitions, correct gaps and errors identified while administering the rules, and align state and federal rules.

New trichloroethylene (TCE) rule. The 2020 Minnesota Legislature enacted a ban on the use of TCE through the air quality permitting program. The MPCA intends to adopt a rule to implement the ban.

Schedule

Task Date(s)
Publish Request for Comments (RFC) State Register: December 14, 2020
Publish Notice of Intent to Adopt proposed rules State Register: October 18, 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