Air rulemaking: Incorporation by reference

The Minnesota Pollution Control Agency (MPCA) has adopted amendments to rules governing air quality, Minnesota Rules chapters 7005, 7007, 7011, 7017, and 7019. The new rules incorporate by reference 31 existing federal air emission standards into state rules, provide an exemption from permitting for new residential hydronic heaters and forced-air furnaces, and eliminate a duplicate reporting requirement for compliance certifications. Rule-related documents are provided below. 

The new rules are effective March 23, 2020.

Rule implementation

PDF icon Rule implementation summary (aq-rule4-09l)

This document provides information on how the MPCA will implement the rule changes.

Rulemaking documents

March 2020

Binary Data Notice of Adopted Rules as published in the State Register (March 16, 2020)

PDF icon Revisor’s Notice of Adopted Rules (aq-rule4-09k)

February 2020

PDF icon MPCA Order Adopting Rules with Response to Comments (aq-rule4-09j)

PDF icon Rule amendments as adopted (aq-rule4-09h)

Adopted rules show the modification to the proposed rules.

PDF icon Administrative Law Judge Report (aq-rule4-09i)

September 2019

PDF icon Comments received during the Notice of Intent comment period (air-rule4-09g)

August 2019

PDF icon Notice of Intent to Adopt Rules (aq-rule4-09c)

PDF icon Proposed Amendments to Air Quality Rules (aq-rule4-09e)

PDF icon Statement of Need and Reasonableness for Proposed Rules (aq-rule4-09d)

February 2018

PDF icon Federal air quality requirements considered for incorporation by reference into Minnesota Rules (aq-rule4-09a)

PDF icon Request for comments for planned amendments incorporating federal performance and other air quality standards by reference (aq-rule4-09b)

PDF icon Comments received regarding planned amendments incorporating federal performance and other air quality standards by reference (aq-rule4-09f)

Background

The MPCA has been delegated authority to implement the Clean Air Act in Minnesota on behalf of the U.S. Environmental Protection Agency. To maintain that delegation, the MPCA is required to adopt federal air quality requirements into state rules. Federal requirements are issued in the form of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) and in past rulemakings, the MPCA has adopted federal requirements by directly incorporating them by reference as state rules. The MPCA incorporates federal performance standards that limit criteria and hazardous air pollutants into state rules so that federal standards have the effect of state law. Incorporating the federal standards gives the MPCA authority to implement and enforce them.

With this rulemaking the MPCA similarly incorporates by reference 31 existing federal NSPS, NESHAP, and Emission Guidelines. These federal standards are incorporated “as amended” into the state air rules so that future federal amendments automatically become state rules. The new rules include seven federal standards that are not incorporated “as amended” because they are either currently proposed for amendment by U.S. Environmental Protection Agency or are expected to be amended in the near future.

In addition to incorporating the federal NSPS and NESHAP, this rulemaking also addresses a number of other needed revisions to correct inconsistencies and provide clarification of existing requirements as appropriate to implement the air quality program.

Schedule

Task

Date(s)

Request for comments

Published in the State Register (Feb. 20, 2018)

Notice of Intent to Adopt Rules Published in the State Register (Aug. 12, 2019)

Notice of Adopted Rules

Published in the State Register (March 16, 2020)

U.S. EPA review and approval

To be determined

 

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