Air toxics emissions reporting

Revisor ID: R-04599

The Minnesota Pollution Control Agency (MPCA) is planning new rules governing air quality. The main purpose of this rulemaking is to establish new rules for air toxics emissions reporting requirements as directed by Minnesota Session Law – 2023, Chapter 60, H.F. No. 2310.

Procedural rulemaking documents

April 2025

• Administrative Law Judge report (aq-rule2-02q)

March 2025

• Post-hearing comments received (aq-rule2-02p)
• Responses to post-hearing comments (aq-rule2-02o)

February 2025

• Rule hearing exhibits list (aq-rule2-02l)
• Rule hearing Exhibit L (aq-rule2-02m)
• Rule hearing transcript (aq-rule2-02n)

November 2024

• Dual Notice of Intent to Adopt Rules (aq-rule2-02i)
• Certified Revisor Copy of the Proposed Rules (aq-rule2-02g)
• Statement of Need and Reasonableness (SONAR) (aq-rule2-02h)

  (updated 12/3/2024)
• SONAR Exhibit 1: Proposed Air Toxics Reporting List (aq-rule2-02j)
• Recorded informational session (Dec. 10, 2024)
• Comments received in response to Dual Notice of Intent to Adopt Rules (aq-rule2-02k)

July 2024

This rule concept summary contains the proposed amendments and a list of the air toxics proposed to be reported by facilities to the air toxics emissions inventory. This document was originally developed for the May 1, 2024, webinars, and to solicit feedback during April and May 2024. This document is intended to provide facilities and the public with an update on the rulemaking process. 

• Rule concept summary for planned amendments to air quality rules (aq-rule2-02f)

May 2024

• Discussion of air toxics emissions reporting rulemaking concepts (62 min.)

April 2024

• Notice of second Request for Comments (aq-rule2-02d)
• Comments received in response to second Request for Comments (aq-rule2-02e)

July 2023

The notice of Request for Comments on this rulemaking was published in the State Register (July 24, 2023); the MPCA specifically requested comments on the concepts for the rules.

• Notice of Request for Comments (aq-rule2-02a)
• Air Toxics Emissions Inventory Rulemaking concept document (aq-rule2-02b)
• Comments received in response to Request for Comments (aq-rule2-02c)

Background

Currently, Minnesota facilities with air permits voluntarily report emissions of hazardous air pollutants (HAPs, also known as air toxics) every three years to the MPCA. The MPCA is planning rule amendments to require annual reporting on air toxics emissions from permitted facilities (except those with Option B registration permits) located in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington counties. The MPCA has three main goals for these rule amendments as directed by Minnesota Session Law – 2023:

1. Establish the requirements for air toxics emissions reporting for permitted facilities on an annual basis.
2. Identify the air toxics to be reported.
3. Amend permit and reporting processes to align with annual air toxics emissions reporting.

July 2020

The MPCA held a webinar about the current Minnesota air toxics reporting structure and what a potential mandatory reporting requirement could include. Through the webinar and subsequent comment period, MPCA heard from more than 60 Minnesotans and organizations. The MPCA will consider this input received in this rulemaking.

• Webex: Potential changes to air toxics reporting (July 16, 2020)
• Presentation: Air toxics reporting (aq-ppt4-02)
• Synthesis of comments received (aq-ppt4-02a)
• All comments received (aq-ppt4-02b)

Schedule

10377: GovDelivery: rulemaking air toxics emissions MNPCA_374

Stay connected

Sign up for updates about this rulemaking process and opportunities for public input.

Subscribe