Air rulemaking: Incorporation by reference

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

The Minnesota Pollution Control Agency (MPCA) is currently proposing amendments to rules governing air quality, Minnesota Rules chapters 7005, 7007, 7011, 7017, and 7019. The public notice for the proposed rule amendments is available on the MPCA Public Notice webpage. The MPCA is requesting comments on the proposed rule amendments. The proposed rules are open for public comment from August 12, 2019, through September 27, 2019.

Comments should be submitted in writing in accordance with the provisions of the public notice. Submit written comments to the Office of Administrative Hearings Rulemaking eComments website:  https://minnesotaoah.granicusideas.com. Comments may also be submitted to the Office of Administrative Hearings by other means identified in the public notice.

The proposed rule amendments and related documents are provided below.    

Rulemaking documents

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. 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.

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)

Adoption of rules

  • no hearing
  • with a hearing

 

  • 3 months after Notice of Intent
  • 6 months after Notice of Intent

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