Ms. Mary Gade Regional Administrator (R-19J) United States Environmental Protection Agency Region V

77 West Jackson Boulevard Chicago, Illinois 60604

RE: Proposed Amendments to Minnesota’s State Implementation Plan to Incorporated Updated

Minnesota Rules

Dear Ms. Gade:

Enclosed is a Minnesota State Implementati on Plan (SIP) revision to revise and update

Minnesota as included in Minnesota’s SIP. This SIP revision includes many changes to

Minnesota’s air rules that have o ccurred over the past few years; it is intended to ensure that Minnesota’s SIP accurately reflects the current stat e of Minnesota’s air rule s. It also includes a new rulemaking that makes the Clean Air Intersta te Rule (CAIR) and Be st Available Retrofit Technology (BART) applicable requirements for facilities.

Most sections of Minnesota’s ai r rules have undergone changes, including sections on permits and certifications (Minn. Rules ch. 7001), permit fees (Minn. Ru les ch. 7002), definitions and abbreviations (Minn. Rules ch. 7005), air emi ssions permits (Minn. Rules ch. 7007), offsets (Minn. Rules ch. 7007.4000), ambient air quality (Minn. Rules ch. 7009), standards for stationary sources (Minn. Rule s ch. 7011), monitoring and testi ng requirements (Minn. Rules ch. 7017), and emission inventory (M inn. Rules ch. 7019).

All rule changes were made under the Minne sota Pollution Control Agency’s rulemaking authority and went through appropr iate public participation procedur es as required by state law.

If you have any questions regarding this submittal, please contact Cather ine Neuschler, of my staff, at 651-296-7774.

Sincerely,

Brad Moore

Commissioner

BM/CN:rr

Enclosures

cc: Kathleen D’Agostino, EPA Region V (with enclosures)1 Background Information for SIP Revision To Update Minnesota’s Air Quality Rules Included in the Minnesota SIP

This document provides background informati on on this State Implementation Plan (SIP) revision to recodify, refine and update Minnesota’s air qua lity rules into the Minnesota SIP. Most

of Minnesota’s rules are included into the SI P as they stood in 1993 or 1994, and no later than 1998. In the intervening years, many rules have been updated at least slightl y. This has resulted

in the rules that are included in Minnesota’ s SIP by the EPA being out-of-date, which could result in inconsistent enforceability of rules at the State and Federal levels.

This revision also includes some new rules rela ted to implementation of the Clean Air Interstate Rule and Best Available Retrofit Technology.

This SIP revision is being submitted to update Minnesota’s SIP at 40 CFR 52.1220 to accurately reflect Minnesota’s current rules, ensuring consistency between th e State and Federal understandings of Minnesota’s air quality rules.

Rules Update

In the early 1990s, the MPCA submitted SIP revi sions to incorporate various portions of

Minnesota’s air rules into Minnesota’s SIP at 40 CFR 52.1220. Major submissions included submission of the Air Emission Permits Rule (Minn. R. 7007) in November 1993, in order to fulfill the requirements of the Title V program. Re visions to other portions of Minnesota’s rules were also submitted at that time. This revision was approved in May 1995 (60 FR 27411).

In January 1995, the MPCA submitted a SIP revision to incorporate changes that had been made

to the Air Emission Permits Rule and to Standard s for Stationary Sources (Minn. R. 7011). This SIP revision was approved in May 1999 (64 FR 26880).

An additional submittal was made in 1998 to incor porate changes to the Performance Test rule (Minn. R. 7017), and this was approved in 2002. No SIP revisions to incorporate changed rules have been made since that time; the most recen t incorporation of rules into Minnesota’s SIP

includes rules that were effective on the state level in July 1998.

Through discussions with EPA Region V staff on making conditions in permits enforceable as SIP limitations, it was noted that the MPCA’s permit cover pages should state that, unless otherwise indicated, all st ate rules cited as the origin of perm it terms are included in Minnesota’s SIP. Therefore, it is particularly important that the state rules be consis tently represented at both

the state and federal level.

The MPCA therefore submits this SIP revision in order to ensure that Minnesota’s air quality rules are, where necessary, correctly included in to Minnesota’s SIP. The changed rules do not adversely impact the ability of the SIP to prot ect Minnesota’s air quality, and in many cases strengthen the SIP. Therefore, the MPCA believe s that all updated rules should be incorporated

into the SIP.2 Summary of Changes to Minnesota’s Air Rules This section lays out, in chronol ogical order from oldest to mo st recent, many of the changes made to Minnesota’s air quality rules. Because of the length of time that has elapsed since many of the rulemakings, not all changes shown in A ttachment 2 may be explained here. The MPCA has tried to provide summaries of the most crucia l or largest rulemakings, while many minor rule changes and clarifications are not explained here . Additional informati on on any changes in the rules can be provided if needed.

Rules are listed chronolo gically based on the date of publi cation of adoption in the State Register; the State Register citation is also pr ovided. Summaries were developed by using the Statement of Need and Reasonableness (SONAR) prepared for each rulemaking as required by Minnesota procedures.

The most recent changes made to Minnesota’s air quality rules are miscellaneous amendments made in 2007 through the “Multi-Rule.”

Attachments to this SIP revision provide information on rule proposal and adoption.

20 SR 2253 – Rules Governing Standards of Performance for Hot Mix Asphalt Plants

In this 1995 rulemaking, the MPCA updated the performance standards for hot mix asphalt plants, amending all portions of the rule rela ted to these plants (Minn. R. 7011.0900 – 0922.)

The goals of the rulemaking were:

• To ensure that the plants operate in a manner that minimizes their environmental impact

• To regulate the industry effici ently, effectively, and fairly

• Promote the use of less polluting plants, and

• Streamline the ways in which plants show compliance.

The major changes and additions to the performance standard were:

1. Added operation, record keepi ng, and monitoring requirements for control equipment and dryer burners

2. Outlined performance test frequency which is dependent on control equipment type

3. Changed the opacity standard for existing plants to remove allowance of opacity

excursions

4. Listed materials allowed to be processed by plants

5. Allowed small production throughput increases fo r all plants which test as less than 80%

of their emission limit and additional increase for plants with baghouses whose tested

emission rate is less than 50% of their emission limit.

The rule also made asphalt plant eligible for regi stration permits, as all applicable requirements to ensure compliance from these facilities were listed in the rule. This required some minor changes to the registration permit rule in Minn. R. 7007.3 20 SR 2316 – Amendments to Chapters 7005, 7007, 7009, 7011 and 7017

This was the first in a series of so-called “O mnibus” rulemakings to implement minor changes, clean ups, and clarifications to Minnesota’s air rules. This pa rticular rulemaking was undertaken as a result of comments made on past rulemakings that could not be included in the previous rulemaking and to correct mistakes, clarify re quirements, and address comments from industry, MPCA staff, and the EPA concerning corrections to be made to previously adopted rules.

In Minn. R. 7005, clarifications were made to the appropriate definiti on and use of emission factors. In chapter 7007, changes were made to definitions and to clarify certain requirements such as which sources must obtain permits. Clarif ications were also made to requirements for permit applications, permit content, registrati on permits, and reporting deviations from permit conditions. Chapter 7007 also included changes concerning calculations of fugitive emissions and others that generalized insignifi cant activities for particulate matter.

In Chapter 7009, changes were made to stream line which facilities are required to prepare emission reduction plans and clarified the requir ements for submitting these plans to the MPCA

This rulemaking also included some changes to the listed control equipment and equipment efficiencies in Chapter 7011 that have since been further revised. The rulemaking also set forth

the certifications to be included with performance te st results in Chapter 7017.

22 SR 1237 – Miscellaneous Amendments to Chapters 7005, 7007, 7009, 7011 and 7019

The MPCA made rule amendments to Chapters 7005, 7007, 7009, 7011 and 7019 in order to clarify rule intent, change format to simp lify interpretation, correct typographical errors, eliminate redundant or outdated requirements, correct conflicting requirements, account for new technology, eliminate overly burde nsome requirements, streamline administrative procedures, and/or simplify implementation. This rulemaki ng also incorporated EPA suggestions for the MPCA’s operating permit program, namely clarif ication of the phrase “clarify a permit term” and the addition of a requirement that semi -annual deviation reporting occur regardless of

whether a deviation had occurred.

The more substantive changes made in this rulemaking include changes in Minn. R. 7007.0300, Sources Not Required to Obtain a Permit, that ensure sources are not subject to duplicative requirements such as requiring both a solid wast e and an air permit for as bestos and to clarify language regarding recordkeeping and applicability for the perm it exemption under this part. Changes to 7007.0750 also were made to clarify t ypes of modification permits and to delete language in order to eliminate confusion about New Source Perfor mance Standard modifications that are not subject to New Source Review. Lan guage was also added to clarify the conditions under which there may be two-stage issuance of part 70 permits. Various other changes were added to clarify how to handle insignificant emissions and insignifi cant activities and how certain emission types or reductions should be ha ndled in determining facility eligibility for permit types (such as registration permits.)4 The rulemaking also, in part 7007.1400, expanded th e list of reasons that monitoring, record keeping or reporting requirements may be removed through administrative amendment to address problems in implementing the original ru le. This includes easier removal of incorrect permit conditions or reporting requi rements for units that have b een permanently disabled. It also allows changes in valid test methods, incl usion of NESHAP requirements, and removal of conditions based entirely on repealed rules th rough administrative amendments, and explains what is considered clarification of a perm it term. In 7009.0080, the MPCA removed the state ambient air quality standard fo r hydrocarbons as the standard wa s outdated. EPA rescinded the federal primary and secondary national ambient air quality st andards (NAAQS) for hydrocarbons

in 1983. The MPCA continues to regulate hydrocarbons as they appl y to the ozone standard still listed in Chapter 7009 of the rules.

Most other changes made in this rule were minor , relating to general clarification of the rules.

23 SR 145 – Amendments to Rules Governing St andards of Performance for Opacity and Performance Tests, Minnesota Rules Chapter 7011 and 7017

This rulemaking contained revisions to the pe rformance test rule in Minn. R. 7017.2001 through 7017.2060. The performance test rule was revised in order to address EPA comments and make the rule acceptable for incorporation into Mi nnesota’s SIP. This rulemaking was included into the SIP in 2002, but performance test rules have b een subsequently amended as described below.

23 SR 1764 – Amendments to Rules Governing C ontinuous Monitoring Systems (CMS), Minn. R.

Ch 7017

In this rulemaking, the MPCA made changes to Minnesota’s air rules gove rning the use of two types of CMS – Continuous Emission Monitori ng Systems (CEMS) and Continuous Opacity Monitoring Systems (COMS). The rules adopted th rough this rulemaking are a fairly significant addition to what was originally submitted in the SIP. The original CEMS rule, 7017.1000, was repealed and replaced with a much longer and mo re detailed CMS rule which consolidated all CMS requirements.

The goals of this rulemaking were to:

1. Ensure the accuracy of CMS data by upgrading QA/QC requirements and requiring CMSs to be certified within a specified time period.

2. Eliminate the need for CMS related permit attachments by incorporating all CMS requirements into the rule

3. Reduce administrative burden on the regul ated community by providing streamlined notification and reportin g requirements; and

4. Make the rule more user friendly by consolidating CMS requirements.

Rule part 7017.1000 was repealed and replaced w ith more detailed CMS rules. The new rule lays out which facilities are required to in stall CMS and the various testing, installation, certification, operational and desi gn requirements for the monitoring systems. It also delineates the recordkeeping and submittal requirements. The rule also has separate sections for CEMS and5 COMS. Because of the addition of the e xpanded CMS rule, certain performance test requirements relating to CEMs or CEMs certification and tes ting were removed in parts 7017.2020, .2025, .2030, and .2090.

23 SR 2224 – Proposed Miscellaneous Amendmen ts to Air Quality Rules, chapters 7005 (Definitions), 7007 (Permits), 7009 (Ambient Ai r Quality Standards), 7011 (Standards of Performance for Stationary Sources), 7019 (Reporting) and 7025 (Lead paint removal)

This rulemaking was the second in a group of so-called “omnibus” rules updates to make changes that improve Minnesota’s air rules and yet were not significant enough to warrant individual rulemakings. The changes correct and improve rules to make them more understandable, up-to-date, and streamlined. Speci fically, the rule amendments made in this rulemaking clarify rule intent, change format to simplify interpretati on, correct typographical errors, eliminate redundant or outdated requi rements, correct conflicting requirements, incorporate federal requirement s into state rules, account fo r new technology, eliminate overly burdensome requirements, streamline administrativ e procedures, and simplify implementation.

Some of the more major changes include changes to the definitions of “construction” and “begin actual construction” (and removal of the defini tion and term “commence”) for consistency with the EPA definition and in order to clarify what activities may occur prio r to obtaining a permit

and that initiation of reconstruc tion and modification act ivities are included in the term “begin actual construction.” Clarifying definitions we re also made for “emission factor,” “block average,” “rolling average,” and “rolling sum.” This rulemaking allowed facilities to request state or general permits that expire more than 5 years after issuance in order to ensure that permits will be periodically updated (state pe rmits generally do not expire). Simplified procedures for changes in ownership of a source with a general or registration permit were also included. Various other minor changes to the requ irements for registration permits were also made, particularly to clarify compliance re quirements and eligibility requirements and determination. The rules also clarify insignifi cant modifications, partic ularly in regards to hazardous air pollutants, detail which types of modifications require a permit amendment or written notification to the agen cy of the change, and clarify requirements for minor, moderate, and major permit amendments.

This rulemaking also reflected changes to the ozone and PM 2.5 NAAQS. In addition, changes were made to the control equipment titles in Chapter 7011, to define certain terms, add listed control equipment, and otherwis e clarify requirements for co ntrol efficiency and control equipment operation and monitoring. These rule amendments repealed the state standards of performance for portland cement plants (Minn. R. 7011.0800), as there were no existing portland cement plants in the state and all new plants would be subject to the federal New Source Performance Standard (NSPS) incorporated by reference.6 27 SR 1579 – New Rules Governing Conditionally Insignificant and Exempt Air Emissions (Ch. 7008) and Amendments to Rules for Perm its and Offsets (Ch. 7007) Definitions and Abbreviations (Ch. 7005) and Standards for Stationary Sources (Ch. 7011)

This purpose of this rulemaki ng was to streamline and simplif y the air quality permitting program by establishing conditions and consolidating regulations under which some facilities may avoid obtaining an air permit if they meet criteria intended to ensure that actual emissions (rather than potential emissions) do not exceed th e threshold for obtaining a permit. This was done under the conditions laid out by EPA in the Potential to Emit (PTE) Guidance for Specific Source Categories issued in April 1998, stating that fe deral program requirements would be met if a state promulgated rules that would establish operating cond itions that would ensure that

emissions are less than 50% of the part 70 permitting threshold.

This rulemaking established Minn. R. C h. 7008 and established two new regulatory

classifications:

• Conditionally exempt stationary sources – Stationary sources that may avoid the requirement to obtain an air emission permit b ecause they comply w ith the conditions set

forth.

• Conditionally insignificant activ ities – Activities or emission units that, if in compliance with the conditions set forth, may be insigni ficant activities for purposes of air emission permitting under Minnesota rules.

The amendments to Chapter 7005 add definitions that are used in Chapters 7007, 7008, and 7011. Chapter 7007 was amended to exempt sources that comply with Chapter 7008 from the requirement to obtain a permit and to treat conditi onally insignificant activiti es the same way that insignificant activities are treated. Chapter 7011 was amended to move the permitting exemption for concrete manufacturing pl ants from 7011 to Chapter 7008 and to establish design and operation requirements for stage- one vapor recovery systems.

28 SR 1482 – “Omnibus III” Rulemaking (2003)

This rulemaking was the third in series of so -called “omnibus” rules designed to improve Minnesota’s air quality rules th rough clarifications and genera l updating. Examples of the kind of air quality rules included in this rulemaking ar e: the clarification of ca lculation procedures for permitting thresholds; removal of duplicative definitions; updating the definition of volatile organic compounds; and a change in the way that emissions inventory data is finalized. This rule also incorporated by reference, in Chapte r 7011, several NESHAP standards promulgated by EPA in order to complete the MPCA’s acceptance of NESHAP delegation.

Some specific and more substantive cha nges include allowing, under chapter 7007.0950, a concurrent start to the 30-day public comment period and the 45-day EPA review period for Title V permits or major modifications to such permits and to provide procedures for issuing permits under the concurrent review process and in the case of changes or EPA objections.

Changes were also made in part 7007.0300 so that a facility subject only to the notification and recordkeeping requirements of a NSPS will not require a permit and changes in 7007.1110 to7 allow such facilities to apply for registration permits. The registration permit rule was also amended to allow facilities with registration perm its to relocate to another area with minimal additional regulatory requirements if certain conditions are met.

Changes were also made to the definition and ap plication of insignificant activities in order to ensure that activities treated as insignificant due to control equipment remain insignificant; these were moved to a different rule chapter, Minn. R. 7008.

29 SR 626 – Rule Governing Air Emission Pe rmits (Minn.R. Ch 7007, with conforming amendments to Chapters 7011 and 7019.

This rulemaking established a new option for the permitting of certain air emission facilities in the state, the “Capped Emission Permit,” open to fac ilities that have actual emissions less than or equal to 90 percent of the federal thresholds to ob tain a permit to operate. These facilities are now able to apply for and obtain a permit in which the permit requirements are actually contained within the rule. This creates a hybrid permit option where all applicable requirements are applied by rule to non-complex facilities which do not need site-specific permit conditions, but provides for a public comment period on whethe r the facility should be eligible for the capped permit. In addition, although it allows for f acilities to change their operations as long as they continue to meet the eligibility requirements for the capped permit, it requires the facility to show through analysis that th ey will remain under the emission caps and not contribute to ambient air violations after the change. R ecordkeeping, reporting, monitoring, and emission inventory requirements are very similar to those placed in individual state permits. Facilities

must track and calculate emissi ons on a monthly basis and must demonstrate that emissions beyond their property line are lower than the ambi ent standards. Capped permit do not expire unless the agency makes the permit expiring in order to promote continuing compliance. The capped permit rule is found in Minn. R. Chapter 7007.1140 through 1148. Other minor changes were also made throughout to accommodate this new permit rule.

30 SR 1130 - Rules Relating to Repeal of Obsolete Rules In 2005, the MPCA repealed severa l obsolete rules that were stil l on the books. This included a change to Minnesota Rules chapter 7001, which es tablishes permits and ce rtifications issued by the MPCA to regulate the following: hazardous waste facility permits; National Pollutant Discharge Elimination System permits; solid waste management facility permits; major facility substances storage permits and 401 certifications.

Part 7001.0020 (Scope), item G, as currently in the SIP contains la nguage governing mobile sources and indirect source permits for parking f acilities; this part is obsolete as the rules governing indirect source permits were repealed by the Legislature in 2001. The MPCA retained in rules the remaining items listed in part 7001.00 20, but these do not relate to air quality or air emission permits.8 Amendments to Rules Governing Air Quality Pe rformance Standards, Air Emissions Permits, Emission Inventory Reporting and Miscellaneous De finitions and Incorporati ons by Reference in Minnesota Rules Chapters 7002, 7005, 7007, 7011, 7017 and 7019

The most recent changes to the MPCA’s air qua lity rules are the “Multi-Rule” amendments, adopted on November 26, 2007. These rules update many portions of Minnesota’s air quality rules, and cover air quality performance standa rds, permits, emission inventory reporting, and miscellaneous definitions. The overall purpose of the rule amendments is to keep Minnesota’s air quality rules current with federal rules by removing redundant rule language, clarifying ambiguous language and correcting gaps or errors identified while administering the rules. In general this rulemaking involve s updating definitions, incorpor ating new federal performance standards into state rules, a nd limited scope changes to state performance standards, emission inventory, performance testing, and permitting rules.

The MPCA’s proposed changes to the control equipment rules, Minnesota Rules, parts 7011.0060 to 7011.0080, represent a rule upda te with a broader scope. Th e MPCA’s intent is to update an existing elective rule so that it reflects modern day control assumptions and can potentially be utilized by more permittees to help them determine permit applicability.

Additionally the new rules for regional haze, part 7007.5000, give the MPCA the authority to implement Best Available Retrof it Technology and other aspects of the federal regional haze program. The rule also adds the federal Clean Ai r Interstate Rule as an applicable requirement.

The following table provides a summary of the rule changes occurri ng through the multi-rule.

Rule Citation Change 7002.0025, subp. 3 Facilities failing to submit

emissions inventories • Current rule relies on estimated actual emissions in permit application. Proposed change to rely on actual emissions in most recent inventory, if one

was submitted.

7005.0100 Definitions

“emission factor” definition • Reflects inclusion of Hazardous Air Po llutants in EPA databases, removes obsolete AIRS database, and removes implied hierarchy of emission factor

sources.
7007.0100 Definitions “applicable requirement”

definitions • Adds visibility related requirements established under CAA sections 169A or 169B, and update EMS audit related definitions.

• Adds CAIR as an applicable requirement

7007.1100 – 7007.1110 General permit and registration permit general requirements • Reduces eligibility for registration permit when a sector-specific general permit is available. Sand & gravel plants with registration permits must apply for general permit by Dec. 31 2008. Most sand & gravel plants already have a general permit, this levels playing field, promotes compliance;

• Administrative update to EMS incorporation by reference;

• Clarifies conditions under which a relocating source need not reapply for a registration permit and that this part does not apply to portable sources such as asphalt plants;

• Clarifies a source may not obtain a registration permit if site-specific permit requirements are needed to ensure comp liance or protect human health and the environment;

• Expands conditions for agency to require an application for another type of permit such they are similar to those for the capped permit;

• Adds NSPS subp. IIII (owner/operators of stationary compression ignition internal combustion engine < 30 liters/ cylinder) as an allowable NSPS9 Rule Citation Change

7007.1120 – 7011.1240 Registration permits Options B, C and D • Updates to conform with capped permit and conditionally insignificant activities rules;

• Lowers eligibility number for Option C so that this option can be approved by EPA. For facilities no longer eligible for option C, requires application for another permit type by Dec. 31, 2008;

• Expands Option D recordkeeping requirements to match Option D compliance options

7007.1140 Capped permit eligibility requirements • Adds NSPS subp. IIII (owner/operators of stationary compression ignition internal combustion engine < 30 liters/ cylinder) as an allowable NSPS

7007.1200, subp. 4 Calculating emission changes • Fills gap in record keeping of emission change calculations when permit holder determines no permit amendment or agency notification is required as a result of the change. Non-expiring permit holders keep records for 5 years from date of change, expiring permit holders keep records until permit reissuance. 7007.1250, subp. 3 Insignificant modifications • Removes term “contemporaneous” as meaning is unclear. Requires that records of insignificant modifications be kept in accordance with 7007.1200, subp. 4. Current rule is silent on required duration of record keeping.

7007.1300 Insignificant activities list • Administrative correction

7007.3000

PSD • Makes language more flexible to avoid need to amend if federal rulemaking

adds/removes sections.

7007.5000 Regional Haze (new part) • Provides authority to implement Best available retrofit technology (BART) as required for EPA’s approval of Minnesota’s regional haze SIP.

• Requires sources subject to BART (6 taconite facilities) to install and operate BART as soon as practicab le but not later than 5 years after EPA approves Minnesota’s regional haze SIP.

7011.0060-7011.0085 Control Equipment Rule

(Changed to focus on needs of registration and capped permit holders and to update control efficiencies) • Clarifies the rule is elective, i.e. the f acility chooses to apply the default control efficiencies, monitoring and recordkeeping requirements.

• Updates control efficiencies to generally reflect values compiled by contractor for various types of control

• Reduces disincentives to use the rule by allowing registration permit holders to get 60% credit for control equipment ve nting through non-certified hoods. Retains 80% credit for venting through certified hoods for all permit types.

• Capture efficiency for VOCs increased from 60 to 80%

• Permittee given option to keep required control equipment monitoring records in paper or electronic copy.

• Control credit added for PM and CO for listed VOC control devices.

• Adds transition period with a requirement to apply for another type of permit by Dec. 31, 2008 if a facility used c ontrol equipment efficiencies and is no longer eligible for their permit type.

7011.0730 Table 1 Industrial Process Equipment

Rule • Removes erroneous emission limit. (The limit for the 50 lb/hr process weight rate was removed.)

7011.1105 Dry Bulk Agricultural

Commodities • Administrative changes.

Chapter 7011 several subparts • Incorporates recent federal standards into state rule so they are enforceable at

the state level as well as federal

7017.2005 – 7017.2020

Performance tests • Updates definitions and general requirements to clarify that testing for capture efficiency, collection effici ency, control efficiency, or destruction efficiency

associated with an emissions unit, hood or control device is within the scope of the definition of a performance test when requested or approved by the

commissioner.10 Rule Citation Change Chapter 7019 Emission Inventory • Adds ammonia as inventory pollutant.

• Allows use of stack test data up to 10 years old. After 10 years, use higher of

stack test results or default emission factor.

• Increases allowable capture efficiency fo r VOC controls with hoods from 60 to

80%

Removal of Outdated Rules and Other Changes With this SIP revision, the MPCA is requesti ng certain changes to the rules included in

Minnesota’s SIP that are not documented above.

As noted above, the scope of rule 7001 has been changed, and it now no longer explicitly references any air permits or air quality rela ted requirements. Therefore, the MPCA is requesting removal of the previous provisions.

The MPCA is requesting re moval of Minnesota Rules 7023.1010 through 7023.1105, as they relate to a vehicle inspection program. These ru les are no longer in existence, as they were determined to be obsolete and deleted or repealed by the legislature due to the end of the vehicle inspection program. The vehicle inspection program was terminated due to the Twin Cities’ attainment of the NAAQS for carbon monoxide. Therefore the MPCA also requests that Minnesota Statutes 116.60 through 116.65, which comp rised the vehicle inspection program, be removed from the SIP. They were approved in to the SIP with provisi ons stating that the inspection program would terminate once the area achieved the NAAQS for carbon monoxide. As the carbon monoxide NAAQS have been main tained, these rules are no longer necessary.

The MPCA is also requesting removal of a large portion of the rules in Minn. R. 7011.1200,

which relate to Standards of Performance for wa ste combustors. The rules as currently approved into the SIP have been repealed, and Minnesota’s new rules governing these sources have been submitted to EPA as a 111(d) plan and approved. Per previous discussions with EPA Region 5, these rules are not being submitted as part of the SIP.

Attachments:

Attachment 1: Underline/strikethrough copy of all rules that have changed since last included in

the SIP

Attachment 2: Copy from Minnesota Revisor’s Of fice of all Minnesota Ai r Quality Rules that should be approved into the SIP (as they stand on February 27, 2008)

Attachment 3: State Register Notices of Proposed Rules

Attachment 4: State Register Notices of Adopted Rules

Attachment 5: Completeness Review