Air rulemaking: Incorporation by reference

Amendments incorporating federal Emission Performance and other Air Quality Standards (R-4452)

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. With this rulemaking the MPCA is similarly proposing to incorporate by reference a number of newly issued federal requirements.

In addition to incorporating the federal NSPS and NESHAP, the MPCA is also considering possible corrections or clarification of existing requirements as appropriate to implement the air quality program.

Changes to Minnesota Rules being considered:

  • Incorporate “Emission Guidelines and Compliance Timelines for Municipal Solid Waste Landfills”
  • Incorporate New Source Performance Standards (NSPS)
  • Incorporate many National Emission Standards for Hazardous Air Pollutants (NESHAP)
  • Amend Minn. R. 7007.0300, subp. 1 (B) to add the NSPS 40 CFR, pt. 60, subp. QQQQ to the list of affected sources exempted from obtaining an air emissions permit.

Rulemaking documents

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)

Schedule/public participation opportunities

Task

Date(s)

Request for comments

Published in the State Register (Feb. 20, 2018). Comment period closed April 6, 2018

Proposed rule/Public comment period

TBD

Post-comment Period/Administrative Law Judge review

TBD

Adoption of rules

TBD

U.S. EPA review and approval

TBD

TBD: to be determined

Background documents

 

Contacts

Questions about the amendments being considered: Anne Jackson, anne.jackson@state.mn.us or 651-757-2460

Questions about the rulemaking process or about how to submit comments: Mary Lynn, mary.lynn@state.mn.us or 651-757-2439