Revisor number: R-04807
The Minnesota Pollution Control Agency (MPCA) is planning new rules governing air quality. The main purpose is to adopt new rules to implement and govern regulation of facilities that emit air toxics as directed by Minnesota Session Law - 2023, Chapter 60, article 8, section 5 (H.F. No. 2310).
The MPCA has published legal notice of its intent to adopt legislatively mandated rule amendments regarding air toxics regulations following a public hearing. This rulemaking is known as the Air Toxics Regulations Rule, Revisor’s ID Number R04807 and Court of Administrative Hearings (CAH) Docket No. 5-9003-39347, and proposes:
- amendments to Minnesota Rules Chapter 7007
- new rule language for Minnesota Rules Chapter 7012
Pre-hearing public comment
The pre-hearing public comment period for the proposed Air Toxics Rule is open May 18-July 17, 2026. The MPCA will hold an informational meeting starting at 6 p.m. on June 8, 2026.
Procedural rulemaking documents
May 2026
- updated May 2026
June 2025
March 2025
July 2023
Other information
- Recorded informational meeting (Dec. 13, 2023)
- Recorded informational meeting (Feb. 13, 2024)
- Recorded informational meeting (Sept. 17, 2024)
Background
This rule will use definitions established under the session law, such as "air toxics" and "environmental justice areas," and address specific criteria for facilities that emit air toxics and are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.
Air toxics programs in other states have several common features such as emissions reporting, health thresholds that facilities must meet, health benchmarks in rule that are similar to air quality standards, modeling/monitoring requirements if air levels are above rule-based health benchmarks, and specific communication/engagement efforts. Most rely on air toxics evaluation during permitting, because it allows a facility and the state to tailor compliance requirements and ensure adequate emission reductions.
As required by the session law, the rules must address, at a minimum:
- the air toxics to be regulated
- the types of facilities to be regulated
- performance testing required for facilities to measure emissions including the methods, procedures, protocols, and frequency
- monitoring, reporting, and recordkeeping requirements for facilities related to air toxics emissions
- the frequency of facility inspections that provide information about air toxics emissions
In developing the rules, the MPCA is required by the session law to establish testing, monitoring, reporting, record-keeping, and inspection requirements for facilities that reflect:
- the different risks to human health and the environment posed by the specific air toxics and amounts emitted by a facility, such that facilities posing greater risks are required to provide more frequent evidence of permit compliance, including but not limited to performance tests, agency inspections, and reporting
- the facility's record of compliance with air toxics emission limits and other permit conditions
- any exposure of residents of an environmental justice area to the facility's air toxics emissions
Schedule
| Dates | Task(s) |
|---|---|
| July 24, 2023 | Notice of Request for Comments published in the State Register |
| October 2023-December 2025 |
|
| May 18, 2026 | Publish notice of intent and proposed draft of amendments in State Register |
| June 8, 2026 | Informational meeting on the Air Toxics Regulations rule |
| Oct. 5 and Oct. 6, 2026 | There will be two virtual public hearings on the above-named rules:
|
| To be determined | Adoption of rules |