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
Rule implementation summary (aq-rule4-09l)This document provides information on how the MPCA will implement the rule changes.
Rulemaking documents
March 2020
Notice of Adopted Rules as published in the State Register (March 16, 2020)
Revisor’s Notice of Adopted Rules (aq-rule4-09k)
February 2020
MPCA Order Adopting Rules with Response to Comments (aq-rule4-09j)
Rule amendments as adopted (aq-rule4-09h)Adopted rules show the modification to the proposed rules.
Administrative Law Judge Report (aq-rule4-09i)
September 2019
Comments received during the Notice of Intent comment period (air-rule4-09g)
August 2019
Notice of Intent to Adopt Rules (aq-rule4-09c)
Proposed Amendments to Air Quality Rules (aq-rule4-09e)
Statement of Need and Reasonableness for Proposed Rules (aq-rule4-09d)
February 2018
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