## Attachment 3: State Register Notices of Proposed RulesPAGE 232 (CITE 22 S.R. 232) State Register, Monday 11 August 1997 

# Proposed Rules

Comments on Planned Rules or Rule Amendments An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency ( Minnesota Statutes §§ 14.101). It does this by publishing a notice in the State Register at least 60 days before publication of a notice to adopt or a notice of hearing, and within 60 days of the effective date of any new statutory grant of required rulemaking. Rules to be Adopted After a Hearing After receiving comments and deciding to hold a public hearing on the rule, an agency drafts its rule. It then publishes its rules with a notice of hearing. All persons wishing to make a statement must register at the hearing. Anyone who wishes to submit written comments may do so at the hearing, or within five working days of the close of the hearing. Administrative law judges may, during the hearing, extend the period for receiving comments up to 20 calendardays. For five business days after the submission period the agency and interested persons may respond to any new information submitted during the written submission period and the record then is closed. The administrative law judge prepares a report within 30 days, stating findings of fact, conclusions and recommendations. After receiving the report, the agency decides whether to adopt, withdraw or modify the proposed rule based on consideration of the comments made during the rule hearing procedure and the report of the administrative law judge. The agency must wait five days after receiving the report before taking any action. Rules to be Adopted Without a Hearing Pursuant to Minnesota Statutes § 14.22, an agency may propose to adopt, amend, suspend or repeal rules without first holding a public hearing. An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public. The agency then publishes a notice of intent to adopt rules without a public hearing, together with the proposed rules, in the State Register. If, during the 30-day comment period, 25 or more persons submit to the agency a written request for a hearing of the proposed rules, the agency must proceed under the provisions of §§ 14.14-14.20, which state that if an agency decides to hold a public hearing, it must publish a notice of intent in the State Register. 

# Pollution Control Agency Proposed Permanent Rules Relating to Miscellaneous Air Quality Amendments Notice of Intent to Adopt a Rule Without a Public Hearing

Proposed Amendments to Air Quality Rule, Minnesota Rules Chapters 7005 (Definitions), 7007 (Permits), 7009 (Ambient Air Standards), 7011 (Standards of Performance), 7019 (Reporting), and 7035 Governing Solid Waste.

Introduction. The Minnesota Pollution Control Agency (MPCA) intends to adopt rule amendments without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes § 14.22 to 14.28 and rules of the Office of Administrative Hearings, Minnesota Rules 1400.2300 to 1400.2310. You have 30 days to submit written comments on the proposed rule and may also submit a written request that a hearing be held on the rule.

MPCA Contact Person. Comments or questions on the rule and written requests for a public hearing on the rule must be submitted to: Mary Jean Fenske Air Quality Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 (612) 297-5472 1-800-657-3843 (MN Toll Free) FAX: (612) 297-8701 Subject of Rule and Statutory Authority. The MPCA is proposing rule amendments that clarify rule intent, change format to simplify interpretation, correct typographical errors, eliminate redundant or outdated requirements, correct conflicting requirements, account for new technology, eliminate overly burdensome requirements, streamline administrative procedures, and/or simplify implementation. The rule also proposes to include U.S. Environmental Protection Agency (EPA) suggestions that are part of the conditions needed to obtain full federal approval of the MPCAs operating permit program. These EPA suggestions were:
1. To clarify further the phrase clarify a permit term in Minnesota Rules 7007.1400, subp. 1(G).
2. To require semi-annual deviations reporting regardless of whether a deviation occurred in the previous calendar half-year in part 7007.0800, subpart 6(A)(2). The changes, in sum, help to correct and improve the rules so that they are more understandable, up-to-date, and streamlined. For example, changes that are proposed include, but are not limited to:  numerous changes to the insignificant activities list;

 expanding the ability to delegate authority of responsible official for partnerships, municipalities and other public agencies;

 two-stage issuance of part 70 permits and part 70 permit amendments that authorize construction;

## Proposed Rules

PAGE 233 (CITE 22 S.R. 233) State Register, Monday 11 August 1997 

### KEY: PROPOSED RULES SECTION

 Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated all new material. ADOPTED RULES SECTION

 Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language.

 allowing registration permit option D holders to receive credit for unlisted control equipment to show compliance with the option D limits provided they have conducted a performance test;  expansion of the types of permit changes that may be made through an administrative amendment;

 revision of the opacity and sulfur dioxide standards for stationary internal combustion engines to reflect current technology; and  a consolidation, streamlining, and clarification of requirements for agency notification provided in the event of shutdown or breakdown of control or process equipment The statutory authority to adopt the rule is Minnesota Statutes § 116.07, subd. 4. A copy of the proposed rule is published immediately after this notice.

Comments. You have until 4:30 p.m. on September 10, 1997, to submit written comment in support of or in opposition to the proposed rules and any part or subpart of the rule. Your comment must be in writing and received by the MPCA contact person by the due date. Comment is encouraged. Your comment should identify the portion of the proposed rule addressed and the reason for the comment. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rule must also be made during this comment period.

Request for Rule Hearing. In addition to submitting comments, you may also request that a hearing be held on the rule. Your request for a public hearing must be in writing and must be received by the agency contact person by 4:30 p.m. on September 10, 1997. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed rule to which you object or state that youoppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA for determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed rule.

Request to Have MPCA Citizens Board Make Decision on Rule. You have the right to submit a request to the MPCA Commissioner or an MPCA Citizens Board member to have the MPCA Citizens Board make the decision on whether to adopt the proposed rule. Your request must be in writing, must state to whom it is directed, and must be received by the MPCA contact person by 4:30 p.m. on September 10, 1997. Under Minnesota Statutes § 116.02, the MPCA Citizens Board will only make the decision on the rule if the MPCA Commissioner grants your request or if an MPCA Citizens Board member makes a timely request that the decision be made by the MPCA Citizens Board.

Withdrawal of Requests for Rule Hearing. If 25 or more persons submit a written request for a hearing, a public hearing will be held unless a sufficient number withdraw their requests in writing. If enough requests for a hearing are withdrawn to reduce the number be low 25, the MPCA must give written notice of this to all persons who requested a hearing, explain the actions the MPCA took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes §§ 14.131 to 14.20.

Rule Modifications. The proposed rule may be modified as a result of public comment. The modifications must be supported by comments and information submitted to the MPCA, and the adopted rule may not be substantially different than this proposed rule. If the proposed rule affects you in any way, you are encouraged to participate in the rulemaking process.

Statement of Need and Reasonableness. A statement of need and reasonableness is now available from the MPCA contact person. This statement contains a summary of the justification for the proposed rule, including a description of who will be affected by the proposed rule and an estimate of the probable cost of the proposed rule.

Consideration of Economic Factors. Minnesota Statutes § 116.07, subd. 6 requires the MPCA to give due consideration to economic factors in exercising its powers. Because the MPCA is simply clarifying, streamlining, and correcting errors, the state rules proposed in this rule making do not impose any additional costs on Minnesota businesses. The MPCA has taken steps to lower the economic impact of existing rules.

Impact on Farming Operations. Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule change to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rule in the State Register . The proposed rules do not affect farming operations. Review by the Commissioner of Transportation. Minnesota Statutes § 174.05 requires the MPCA to inform the Commissioner of Transportation of all rulemakings that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. The requirements of Minnesota Statutes § 174.05 are not applicable.

Adoption and Review of Rule. If no hearing is required and if the decision is not required to be made by the MPCA Citizens Board, the MPCA Commissioner may adopt the rule after the end of the comment period. The rule and supporting documents will then be submitted to thePAGE 234 (CITE 22 S.R. 234) State Register, Monday 11 August 1997 

## Proposed Rules

Office of Administrative Hearings for review for legality. You may ask to be notified of the date the rule is submitted to the office. If you want to be so notified, or want to receive a copy of the adopted rule, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.
Peder A. Larson Commissioner 

### 7005.0100 DEFINITIONS. [For text of subpart 1, see M.R.]

Subp. 1a. Air quality control region or AQCR. Air quality control region or AQCR means the territorial area encompassed by the bound

aries of the jurisdictions within the state listed in items A to G, including the territorial area of all municipalities, as defined in section 302(f) of the Clean Air Act, United States Code

, title 42, section 7602(f), geographically located within the outermost boundaries of the area. A. AQCR 127 includes the counties of Benton, Chisago, Isanti, Kanabec, Mille Lacs, Pine, Sherburne, Stearns, and Wright.
B. AQCR 128 includes the counties of Blue Earth, Brown, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Le Sueur, Martin, Mower, Nicollet, Olmsted, Rice, Sibley, Steele, Wabasha, Waseca, Watonwan, and Winona.
C. AQCR 129 includes the counties of Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, and St. Louis.
D. AQCR 130 includes Clay County.
E. AQCR 131 includes the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
F. AQCR 132 includes the counties of Becker, Beltrami, Cass, Clearwater, Crow Wing, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Morrison, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stevens, Todd, Traverse, Wadena, and Wilkin.
G. AQCR 133 includes the counties of Big Stone, Chippewa, Cottonwood, Jackson, Kandiyohi, Lac qui Parle, Lincoln, Lyon, McLeod, Meeker, Murray, Nobles, Pipestone, Redwood, Renville, Rock, Swift, and Yellow Medicine. [For text of subps 2 to 10, see M.R.] Subp. 10a. Emission factor. Emission factor means the most accurate and representative emission data available from one of the following

sources: A. For criteria pollutants, the emission factor listed in the Compilation of Air Pollutant Emission Factors (AP-42), fourth fifth edition, United States Environmental Protection Agency, Technical Support Division, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, March 1990 January 1995 , which is incorporated by reference and is available at the Minnesota state law library and through the Minitex interlibrary loan system. It is not subject to frequent change. Where more than one emission factor is listed in AP-42, emission factor

means the one approved by the commissioner using best engineering judgment and based on one or more of the considerations in item C, subitem (2). [For text of items B and C, see M.R.] [For text of subps 10b to 42c, see M.R.] Subp. 45. Volatile organic compound (VOC). Volatile organic compound (VOC) means any organic compound which participates in atmospheric photochemical reactions. This includes any organic compound other than the following compounds: A. methane; B. ethane; C. 1,1,1-trichloroethane (methyl chloroform);
D. trichlorotrifluoroethane 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); E. methylene chloride (dichloromethane) ; F. trichlorofluoromethane (CFC-11); G. dichlorodifluoromethane (CFC-12); H. chlorodifluoromethane (H CFC-22); I. trifluoromethane (H FC-23); J. 1,2- dichloro-1,1,2,2- tetrafluoroethane (CFC-114); K. chloropentafluoroethane (CFC-115);
L. dichlorotrifluoroethane (HCFC-129) 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123) ;PAGE 1861 (CITE 22 S.R. 1861) State Register, Monday 20 April 1998



# Proposed Rules

Comments on Planned Rules or Rule Amendments An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency (Minnesota Statutes §§ 14.101). It does this by publishing a notice in the State Register at least 60 days before publication of a notice to adopt or a notice of hearing, and within 60 days of the effective date of any new statutory grant of required rulemaking. Rules to be Adopted After a Hearing After receiving comments and deciding to hold a public hearing on the rule, an agency drafts its rule. It then publishes its rules with a notice of hearing. All persons wishing to make a statement must register at the hearing. Anyone who wishes to submit written comments may do so at the hearing, or within five working days of the close of the hearing. Administrative law judges may, during the hearing, extend the period for receiving comments up to 20 calendar days. For five business days after the submission period the agency and interested persons may respond to any new information submitted during the written submission period and the record then is closed. The administrative law judge prepares a report within 30 days, stating findings of fact, conclusions and recommendations. After receiving the report, the agencydecides whether to adopt, withdraw or modify the proposed rule based on consideration of the comments made during the rule hearing procedure and the report of the administrative law judge. The agency must wait five days after receiving the report before taking any action. Rules to be Adopted Without a Hearing Pursuant to Minnesota Statutes § 14.22, an agency may propose to adopt, amend, suspend or repeal rules without first holding a public hearing. An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public. The agency then publishes a notice of intent to adopt rules without a public hearing, together with the proposed rules, in the State Register . If, during the 30-day comment period, 25 or more persons submit to the agency a written request for a hearing of the proposed rules, the agency must proceed under the provisions of §§ 14.14-14.20, which state that if an agency decides to hold a public hearing, it must publish a notice of intent in the State Register.



### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Minnesota Pollution Control Agency Air Quality Division Proposed Permanent Rules Relating to Air Quality; Standards of Performance for Stationary Sources Notice of Withdrawal and DUAL NOTICE of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received

Proposed Amendments to Rules Governing Standards of Performance for Opacity and Performance Tests, Minnesota Rules chapters 7011 and 7017.

Introduction. The Minnesota Pollution Control Agency (MPCA) intends to adopt rule amendments without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes § 14.22 to 14.28 and rules of the Office of Administrative Hearings, Minnesota Rules , parts 1400.2300 to 1400.2310. If, however, 25 or more persons submit a written request for a hearing on the rules within 30 days or by 4:30 p.m. on May 20, 1998, a public hearing will be held in the MPCA Boardroom,520 Lafayette Road North, St. Paul, Minnesota 55155-4197, starting at 9:00 a.m. on June 4, 1998, and continuing until all public testimony is heard. To find out whether the rules will be adopted without a hearing or if the hearing will be held, you should contact the agency contact person after May 20, 1998, and before June 4, 1998.

Notice of Withdrawal and Background on Rulemaking. The MPCA originally proposed these rules on July 28, 1997 under the noncontroversial rule process. The agency received more than 25 requests for a hearing and met with individual commenters in anattempt to resolve their issues. The MPCA and commenters agreed on language to modify the proposed rule and commenters withdrew their requests to have a hearing. The MPCA then mailed a copy of the modified rule and a Notice of Withdrawal of Hearing Requests to all individuals that requested a hearing. The MPCA had expected to adopt these rules in March or April of 1998. However, the MPCA was unable to file the rule proceedings with the Office of Administrative Hearings within the 180 day deadlin e as outlined in Minnesota Statutes § 14.26, subd. 1. Minnesota Statutes § 14.26, subd. 1 states “The rule and these materials shall be submitted to the administrative law judge within 180 days of the day that the comment period for the rule is over or the rule i s automatically withdrawn.” Therefore, the rules as proposed and published at State Register , Volume 22, Number 4, pages 75-89 on July 28, 1997 have been automatically withdrawn by statute.

MPCA Contact Person. Comments or questions on the rule and written requests for a public hearing on the rule must be submitted to:PAGE 1862 (CITE 22 S.R. 1862) State Register, Monday 20 April 1998 

## Proposed Rules

Stuart Arkley Air Quality Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 (612) 296-7774 1-800-657-3843 (MN Toll Free) FAX: (612) 297-7709 Internet: stuart.arkley@pca.state.mn.us Subject of Rule and Statutory Authority. The MPCA is proposing rule amendments to its Performance Test Rules to address concerns expressed by the U.S. Environmental Protection Agency (EPA) in order that the rule may be incorporated into Minnesota’s State Implementation Plan (SIP). The rule must be incorporated into the SIP in order to make it federally enforceable and consistent with the needs of the Title V permitting program. In addition, the MPCA is amending the opacity standards which allow for “excursions,” or a higher opacity than the base standard for a limited number of minutes in an hour. The intent of this update is to reconcile the standards (which were in effect before the currently adopted opacity test method, Method 9, was promulgated) with the averaging procedures employed in the opacity test method. The intent is not to make any opacity standard more stringent, or more lenient, but to simplify the way in which compliance is determined. Once the rule is adopted the MPCA will submit it to the EPA as a SIP revision.

The statutory authority to adopt the rule is Minnesota Statutes § 116.07, subd. 4. A copy of the proposed rule is published immediately after this notice.

Comments. You have until 4:30 p.m. on May 20, 1998, to submit written comment in support of or in opposition to the proposed rules and any part or subpart of the rule. Your comment must be in writing and received by the MPCA contact person by the due date. Comment is encouraged. Your comment should identify the portion of the proposed rule addressed and the reason for the comment. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rule must also be made during this comment period.

Request for Rule Hearing. In addition to submitting comments, you may also request that a hearing be held on the rule. Your request for a public hearing must be in writing and must be received by the agency contact person by 4:30 p.m. on May 20, 1998. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed rule to which you object or state that you oppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA for determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed rule.

Withdrawal of Requests. If 25 or more persons submit a written request for hearing, a public hearing will be held unless a sufficient number withdraw their requests in writing. If enough requests for hearing are withdrawn to reduce the number below 25, theMPCA must give written notice of this to all persons who requested a hearing, explain the actions the MPCA took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes §§ 14.131 to 14.20.

Accommodation. If you need an accommodation to make this hearing accessible, please contact the MPCA contact person at the address or telephone number listed above.

Modifications. The proposed rule may be modified, either as a result of public comment or as a result of the rule hearing process. Modifications must be supported by data and views submitted to the MPCA or presented at the hearing and the adopted rule may not be substantially different than this proposed rule. If the proposed rule affects you in any way, you are encouraged to participate in the rulemaking process.

Cancellation of Hearing. The hearing scheduled for June 4, 1998, will be canceled if the MPCA does not receive requests from 25 or more persons that a hearing be held on the rule. If you requested a public hearing, the MPCA will notify you before the scheduled hearing whether or not the hearing will be held. You may also call the MPCA contact person after May 20, 1998 (date comment period ends), to find out whether the hearing will be held.

Notice of Hearing. If 25 or more persons submit written requests for a public hearing on the rule, a hearing will be held following the procedures in Minnesota Statutes §§ 14.131 to 14.20. The hearing will be held on the date and at the time and place listed above. The hearing will continue until all interested persons have been heard. An Administrative Law Judge is assigned to conduct the hearing. The judge can be reached at:
The Honorable Allan W. Klein Administrative Law Judge

## Proposed Rules

PAGE 1863 (CITE 22 S.R. 1863) State Register, Monday 20 April 1998 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. Office of Administrative Hearings 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 (612) 341-7609 FAX (612) 349-2665 Internet: allan.klein@state.mn.us Hearing Procedure. If a hearing is held, you and all interested or affected persons including representatives of associations or other interested groups, will have an opportunity to participate. You may present your views either orally at the hearing or i n writing at any time before the close of the hearing record. All evidence presented should relate to the proposed rule. You may also submit written material to the Administrative Law Judge to be recorded in the hearing record for five working days after the pu blic hearing ends. This five-day comment period may be extended for a longer period not to exceed 20 calendar days if ordered by th e Administrative Law Judge at the hearing. Following the comment period, there is a five-working-day response period during whic h the MPCA and any interested person may respond in writing to any new information submitted. No additional evidence may be submitted during the five-day response period. All comments and responses submitted to the Administrative Law Judge must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the due date. All comments or responses received will be available for review at the Office of Administrative Hearings. This rule hearing procedure is governed by Minnesota Rules 1400.2000 to 1400.2240, and Minnesota Statutes §§ 14.131 to 14.20. Questions about procedure may be directed to the Administrative Law Judge.

The MPCA requests that any person submitting written views or data to the Administrative Law Judge prior to the hearing or during the comment or response period also submit a copy of the written views or data to the MPCA contact person at the address stated above.

Statement of Need and Reasonableness. A statement of need and reasonableness is now available from the MPCA contact person. This statement contains a summary of the justification for the proposed rule, including a description of who will be affected by the proposed rule and an estimate of the probable cost of the proposed rule. The statement may also be reviewed and copies obtained at the cost of reproduction from either the MPCA or the Office of Administrative Hearings

Consideration of Economic Factors. Minnesota Statutes § 116.07, subd. 6 requires the MPCA to give due consideration to economic factors in exercising its powers. This rulemaking is expected to have minimal overall negative economic impact.

The MPCA believes that the update of the opacity standards creates an equivalent data reduction procedure rather than a more stringent one. Opacity test failures by Method 9 have not been a common occurrence and the frequency is not expected to change as a result of this rulemaking. A total of twelve failures have occurred between 1993 and 1996 and none of the sources have failed when retested. About half of the twelve sources involved were subject to excursion type limits under current rules. The cost of a Method 9 opacity test or retest is estimated at $200 - $500, which is about 10% of the cost of conducting a test for particulate matter and is usually a small proportion of the cost of a testing program when other pollutants are involved. Cost savings are likely for the owners and operators of continuous opacity monitoring systems as, by eliminating one-minute averaging, it will become easier to program opacity data reduction or to visually determine compliance from opacity monitoring records.

The proposed revisions to the performance test rule are primarily changes that incorporate new methods, incorporate existing policy on performance tests, clarify the meaning of the rules and ensure consistency with other state and federal regulations. TheMPCA believes that the updated rules will be more flexible and easier to comply with and therefore should provide a modest economic benefit to affected parties.

Additional information regarding the MPCA’s consideration of economic factors is discussed in greater detail in Sections V and VI , Items B, C and E in the SONAR.

Impact on Farming Operations. Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule change to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rule in the State Register . The proposed rules do not affect farming operations.

Review by the Commissioner of Transportation. Minnesota Statutes § 174.05 requires the MPCA to inform thePAGE 1864 (CITE 22 S.R. 1864) State Register, Monday 20 April 1998 

## Proposed Rules

Commissioner of Transportation of all rulemakings that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. The requirements of Minnesota Statutes § 174.05 are not applicable.

Departmental Charges Imposed by the Rule. Minnesota Statutes § 16A.1285 is inapplicable because the proposed rules do not impose any departmental charges or fees.

Lobbyist Registration. Minnesota Statutes Chapter 10A, requires each lobbyist to register with the Campaign Finance and Public Disclosure Board. Questions regarding this requirement may be directed to the Campaign Finance and Public Disclosure Board at: First Floor South, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone 612-296-5148 or 1-800- 657-3889.

Request to Have MPCA Board Make Decision on Rule. If a hearing is required, the MPCA Citizens’ Board will make the final decision on whether to adopt the rule. However, even if no hearing is required, you may submit a request to the MPCA Commissioner or a MPCA Citizens’ Board member to have the MPCA Citizens’ Board make the decision on whether to adopt the proposed rule. Your request must be in writing, must state to whom it is directed, and must be received by the MPCA contact person by 4:30 p.m. on May 20, 1998. Under Minnesota Statutes § 116.02, where a hearing is not required, the MPCA Citizens’ Board will only make the decision on the rule if the MPCA Commissioner grants your request or if an MPCA Board member makes a timely request that the decision be made by the MPCA Citizens’ Board.

Adoption Procedure if No Hearing. If no hearing is required and if the decision is not required to be made by the MPCACitizens’ Board, the MPCA Commissioner may adopt the rule after the end of the comment period. The rule and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may ask to be notified of thedate the rule is submitted to the office. If you want to be so notified, or want to receive a copy of the adopted rule, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.

Adoption Procedure After the Hearing. If a hearing is held, after the close of the hearing record, the Administrative Law Judge will issue a report on the proposed rule. You may ask to be notified of the date when the judge’s report will become available, and can make this request at the hearing or in writing to the Administrative Law Judge. After the report is issued, the MPCA Citizens’ Board will make the final decision on whether to adopt the rule. You may also ask to be notified of the date on which the MPCA adopts the rule and files it with the Secretary of State, and can make this request at the hearing or in writing to the MPCA contact person stated above.

Order. I order that the rulemaking hearing be held at the date, time and location listed above.
Peder Larson Commissioner



### 7011.0010 APPLICABILITY OF STANDARDS OF PERFORMANCE. [For text of subps 1 to 3, see M.R.] Subp. 4. Opacity standards. The opacity standards in an applicable requirement apply at all times except during periods of start-up, shutdown, and malfunction, and as otherwise provided in an applicable requirement or compliance document as defined in parts 7007.0100 and 7017.2005. The exemption for periods of start-up, shutdown, and malfunction applies only if:
A. at all times, including periods of start-up, shutdown, or malfunction, the owner or operator, to the extent practicable, main

tains and operates the affected emission facility and air pollution control equipment in a manner consistent with good operating practice for the installed equipment design. Determination of whether acceptable operating and maintenance procedures are being used shall be based on, among other information, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source;
B. the owner or operator complies with parts 7019.1000 and 7019.2000 in the event of a shutdown, breakdown, or malfunc

tion; and
C. the applicable requirement or compliance document does not state that the opacity standard applies during such conditions. Subp. 5. Transition to new opacity averaging method. All permits issued before the effective date of this rule are amended to reflect the amendments to this chapter adopted on the effective date of this rule that are related to opacity averaging and excursions.


### 7011.0105 VISIBLE EMISSION RESTRICTIONS FOR EXISTING FACILITIES.

No owner or operator of an existing emission facility to which parts 7011.0100 to 7011.0115 are applicable shall cause to be di scharged into the atmosphere from the facility any gases which exhibit greater than 20 percent opacity; except that a maximum of 40 percent opacity shall be permissible for four minutes in any 60-minute period

, except for one six-minute period per hour of not more than 33 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-

## Proposed Rules

PAGE 245 (CITE 23 S.R. 245) State Register, Monday 27 July 1998 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Pollution Control Agency Air Quality Division Proposed Permanent Rules Relating to Air Quality Monitoring and Testing
DUAL NOTICE: Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received

Proposed Amendments to Air Quality Rules Governing Continuous Monitoring Systems (CMS), Minnesota Rules chapters 7007, 7011, 7017, 7019 and 7021.

Introduction. The Minnesota Pollution Control Agency (MPCA) intends to adopt rules without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes , §§ 14.22 to 14.28, and rules of the Office of Administrative Hearings, Minnesota Rules , parts 1400.2300 to 1400.2310. If, however, 25 or more persons submit a written request for a hearing on the rules within 30 days or by 4:30 p.m. on August 26, 1998, a public hearing will be held in the MPCABoardroom, 520 Lafayette Road North, St. Paul, Minnesota 55155-4197, starting at 9:00 a.m. on September 14, 1998 and continuing until all public testimony is heard. To find out whether the rules will be adopted without a hearing or if the hearing will be held, you should contact the agency contact person after August 26, 1998 and before September 14, 1998.

MPCA Contact Person. Comments or questions on the rule and written requests for a public hearing on the rule must be submitted to:
Steve Sommer Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 (612) 282-5851 FAX (612) 297-7709 Internet: steve.sommer@pca.state.mn.us Subject of Rule and Statutory Authority. The MPCA is proposing amendments to Minnesota Rules chapters 7007, 7011, 7017, 7019 and 7021 governing Continuous Monitoring Systems (CMS). To understand the rule, the term “CMS” means either a Continuous Emission Monitoring System (CEMS) or a Continuous Opacity Monitoring System (COMS). There are a total of 92 COMSs and 133 CEMs at the 70 air emission facilities in the State of Minnesota. Most CMSs have been installed in order to comply with federal monitoring requirements and some have been installed due to enforcement actions or permit conditions.

All facilities which report CMS derived emissions data to the MPCA will be subject to the installation, operation, and Quality Assurance and Quality Control (QA/QC) requirements of the proposed amendments to the state CMS rule. Facilities must also comply with all applicable federal CMS requirements. Many of the requirements in the proposed amendments are the same or similar to the requirements of the federal regulations. The state CMS requirements apply to CMSs whether or not any federal requirements apply. If both state and federal CMS requirements apply to a CMS at a single facility, the facility must comply with both sets of requirements.

Currently there are a number of locations within Minnesota state rules which have CMS related requirements. The current CMS Rul e (Minnesota Rules 7017.1000-1020) contains the majority of the state CMS requirements. However, the Performance Test Rule ( Minnesota Rules 7017.2001-2060) contains the administrative requirements related to the CMS rule; the Excess Emissions Reporting Rule ( Minnesota Rules 7019.2000) contains reporting requirements related to CMS. This fragmentation makes finding CMS related rules cumbersome. The proposed CMS rule consolidates CMS requirements into one rule in order to alleviate this problem.

The statutory authority to adopt the rule is Minnesota Statutes § 116.07, subd. 4. A copy of the proposed rule is published immediately after this notice.

Comments. You have until 4:30 p.m. on August 26, 1998, to submit written comment in support of or in opposition to the proposed rule or any part or subpart of the rule . Your comment must be in writing and received by the MPCA contact person by the due date. Comment is encouraged. Your comment should identify the portion of the proposed rule addressed, the reason for the comment, and any change proposed. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rule must also be made during this comment period.PAGE 246 (CITE 23 S.R. 246) State Register, Monday 27 July 1998 

## Proposed Rules

Request for Hearing. In addition to submitting comments, you may also request that a hearing be held on the rule. Your request for a public hearing must be in writing and must be received by the MPCA contact person by 4:30 p.m. on August 26, 1998. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed rule to which you object or state that you oppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA for determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed rule.

Withdrawal of Requests. If 25 or more persons submit a written request for hearing, a public hearing will be held unless a sufficient number withdraw their requests in writing. If enough requests for hearing are withdrawn to reduce the number below 25, theMPCA must give written notice of this to all persons who requested a hearing, explain the actions the MPCA took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes , §§ 14.131 to 14.20.

Accommodation. If you need an accommodation to make this hearing accessible, please contact the MPCA contact person at the address or telephone number listed above.

Modifications. The proposed rule may be modified, either as a result of public comment or as a result of the rule hearing process. Modifications must be supported by data and views submitted to the MPCA or presented at the hearing and the adopted rule may not be substantially different than this proposed rule. If the proposed rule affects you in any way, you are encouraged to participate in the rulemaking process.

Cancellation of Hearing. The hearing scheduled for September 14, 1998, will be canceled if the MPCA does not receive requests from 25 or more persons that a hearing be held on the rule. If you requested a public hearing, the MPCA will notify you before the scheduled hearing whether or not the hearing will be held. You may also call the MPCA contact person after August 26, 1998 (date comment period ends) to find out whether the hearing will be held.

Notice of Hearing. If 25 or more persons submit written requests for a public hearing on the rule, a hearing will be held following the procedures in Minnesota Statutes , §§ 14.131 to 14.20. The hearing will be held on the date and at the time and place listed above. The hearing will continue until all interested persons have been heard. An Administrative Law Judge is assigned to conduct the hearing. The judge can be reached at:
The Honorable Richard C. Luis Administrative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 (612) 349-2542 FAX (612) 349-2665 Hearing Procedure. If a hearing is held, you and all interested or affected persons including representatives of associations or other interested groups, will have an opportunity to participate. You may present your views either orally at the hearing or i n writing at any time before the close of the hearing record. All evidence presented should relate to the proposed rule. You may also submit written material to the Administrative Law Judge to be recorded in the hearing record for five working days after the pu blic hearing ends. This five-day comment period may be extended for a longer period not to exceed 20 calendar days if ordered by th e Administrative Law Judge at the hearing. Following the comment period, there is a five-working-day response period during whic h the MPCA and any interested person may respond in writing to any new information submitted. No additional evidence may be submitted during the five-day response period. All comments and responses submitted to the Administrative Law Judge must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the due date. All comments or responses received will be available for review at the Office of Administrative Hearings. This rule hearing procedure is governed by Minnesota Rules 1400.2000 to 1400.2240, and Minnesota Statutes §§ 14.131 to 14.20. Questions about procedure may be directed to the Administrative Law Judge.

The MPCA requests that any person submitting written views or data to the Administrative Law Judge prior to the hearing or during the comment or response period also submit a copy of the written views or data to the MPCA contact person at the address stated above.

Statement of Need and Reasonableness. A statement of need and reasonableness is now available from the MPCA contact person. This statement contains a summary of the justification for the proposed rule, including a description of who will be affected by the proposed rule and an estimate of the probable cost of the proposed rule. The statement may also be reviewed and copies obtained at the cost of reproduction from either the MPCA or the Office of Administrative Hearings.

## Proposed Rules

PAGE 247 (CITE 23 S.R. 247) State Register, Monday 27 July 1998 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. Consideration of Economic Factors. Minnesota Statutes § 116.07, subd. 6 requires the MPCA to give due consideration to economic factors in exercising its powers. In proposing these rules, the MPCA has given due consideration to available information as to any economic impacts the proposed rules would have. Facilities with CEMS and/or COMS which currently perform Cylinder Gas Audits (CGAs), Relative Accuracy Test Audits (RATAs), and or Calibration Error Audits (CEAs) will not be significantly affected by this rule. Facilities with CEMS and/or COMS which do not conduct any of these Quality Assurance and Quality Control (QA/QC) activities, will be affected the most by this rule. For example, if a facility has CEMS, which are all subject to the QA/QCrequirements of New Source Performance Standard (NSPS), Appendix F, that facility will experience no additional, QA/QC requirements or costs. The facility will only be subject to minimal additional administrative requirements (e.g. test notification and reporting requirements). However, facilities which own CEMS and/or COMS which are not now required to conduct CGAs, RATAs, and CEAs, or are not required to conduct them at the frequency specified in this rule, will experience increased costs due to this rule. Please refer to the SONAR, page 50, Section V., Consideration of Economic Factors, to review the MPCA’s estimates of the increased costs associated with the QA/QC requirements, both on a per CMS basis and on an aggregate, statewide basis.

Additional information regarding the MPCA’s consideration of economic factors is discussed in Section VI. , Items B and C in the statement of need and reasonableness.

Impact on Farming Operations. Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule change to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rule in the State Register . The proposed rules do not affect farming operations.

Review by the Commissioner of Transportation. Minnesota Statutes § 174.05 requires the MPCA to inform the Commissioner of Transportation of all rulemakings that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. The requirements of Minnesota Statutes § 174.05 are not applicable.

Departmental Charges Imposed by the Rule. Minnesota Statutes § 16A.1285 is inapplicable because the proposed rules do not impose any departmental charges or fees.

Lobbyist Registration. Minnesota Statutes ch. 10A, requires each lobbyist to register with the Campaign Finance and Public Disclosure Board. Questions regarding this requirement may be directed to the Campaign Finance and Public Disclosure Board at: First Floor South, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone 612/296-5148 or 1-800-657-3889

Request to Have MPCA Board Make Decision on Rule if No Hearing is Required. If a hearing is required, the MPCA Board will make the final decision on whether to adopt the rule. However, even if no hearing is required, you may submit a request to the MPCA Commissioner or an MPCA Board member to have the MPCA Board make the decision on whether to adopt the proposed rule. Your request must be in writing, must state to whom it is directed and must be received by the MPCA contact person by 4:30p.m. on September 4, 1998. Under Minn.Stat. § 116.02, where a hearing is not required the MPCA Board will only make the decision on the rule if the MPCA Commissioner grants your request or if an MPCA Board member makes a timely request that the decision be made by the MPCA Board.

Adoption Procedure if No Hearing. If no hearing is required, and if the decision is not required to be made by the MPCA Board, the MPCA Commissioner may adopt the rule after the end of the comment period. The rule and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date the rule is submitted to the office. If you want to be so notified, or want to receive a copy of the adopted rule, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.

Adoption Procedure After the Hearing. If a hearing is held, after the close of the hearing record, the Administrative Law Judge will issue a report on the proposed rule. You may ask to be notified of the date when the judge’s report will become available, and can make this request at the hearing or in writing to the Administrative Law Judge. After the report is issued, the MPCA Board will make the final decision on whether to adopt the rule. You may also ask to be notified of the date on which the MPCA adopts the rule and files it with the Secretary of State, and can make this request at the hearing or in writing to the MPCA contact person stated above.

Order. I order that the rulemaking hearing be held at the date, time and location listed above.
Peder A. Larson CommissionerPAGE 1507 (CITE 23 S.R. 1507) State Register, Monday 11 January 1999 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Pollution Control Agency Policy and Planning Division Proposed Permanent Rules Relating to Miscellaneous Air Quality Amendments
NOTICE OF INTENT TO ADOPT A RULE WITHOUT A PUBLIC HEARING Proposed Miscellaneous Amendments to Air Quality Rules, Chapters 7005 (Definitions), 7007 (Permits), 7009 (Ambient Air Quality Standards), 7011 (Standards of Performance for Stationary Sources), 7019 (Reporting) and 7025 (Lead Paint Removal)

Introduction. The Minnesota Pollution Control Agency (MPCA) intends to adopt miscellaneous amendments to Minnesota Rules chs. 7005, 7007, 7009, 7011, 7019 and 7025 without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes § 14.22 to 14.28 and rules of the Office of Administrative Hearings, Minnesota Rules , parts 1400.2300 to 1400.2310. You have 45 days to submit written comments on the proposed rule and may also submit a written request that a hearing be held on the rule.

Attention: On February 9, 1998, the MPCA published in the State Register at (22 S.R. 1373) a Request for Comments on Planned Miscellaneous Amendments to Air Quality Rules. In the text of the notice the MPCA stated it was considering rule amend

ments that would incorporate into state rules federal requirements that sources are already subject to. The MPCA would like toclarify that in the title and text of the notice, the chapter identifying where these rules are located, which is Chapter 7009, was inadvertently left out and to bring attention that the MPCA is proposing in this rule to amend the state ambient air quality standardsfound in Chapter 7009 by incorporating changes made to the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter less than or equal to 2.5 micrometers in size (PM 2.5 ). 

# Proposed Rules

Comments on Planned Rules or Rule Amendments An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency (Minnesota Statutes §§ 14.101). It does this by publishing a notice in the State Register at least 60 days before publication of a notice to adopt or a notice of hearing, and within 60 days of the effective date of any new statutory grant of required rulemaking. Rules to be Adopted After a Hearing After receiving comments and deciding to hold a public hearing on the rule, an agency drafts its rule. It then publishes its rules with a notice of hearing. All persons wishing to make a statement must register at the hearing. Anyone who wishes to submit written comments may do so at the hearing, or within five working days of the close of the hearing. Administrative law judges may, during the hearing, extend the period for receiving comments up to 20 calendar days. For five business days after the submission period the agency and interested persons may respond to any new information submitted during the written submission period and the record then is closed. The administr ative law judge prepares a report within 30 days, stating findings of fact, conclusions and recommendations. After receiving the report, the agencydecides whether to adopt, withdraw or modify the proposed rule based on consideration of the comments made during the rule hearing procedure and the report of the administrative law judge. The agency must wait five days after receiving the report before taking any action. Rules to be Adopted Without a Hearing Pursuant to Minnesota Statutes § 14.22, an agency may propose to adopt, amend, suspend or repeal rules without first holding a public hearing. An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public. The agency then publishes a notice of intent to adopt rules without a public hearing, together with the proposed rules, in the State Register . If, during the 30-day comment period, 25 or more persons submit to the agency a written request for a hearing of the proposed rules, the agency must proceed under the provisions of §§ 14.14-14.20, which state that if an agency decides to hold a public hearing, it must publish a notice of intent in the State Register

.PAGE 1508 (CITE 23 S.R. 1508) State Register, Monday 11 January 1999 

## Proposed Rules

MPCA Contact Person. Comments or questions on the rule and written requests for a public hearing on the rule must be submitted to: Mary Jean Fenske Policy and Planning Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 Phone: (651) 297-5472 1-800-657-3843 (MN Toll Free) FAX: (651) 297-8676 Internet: maryjean.fenske@pca.state.mn.us Subject of Rule and Statutory Authority. The MPCA has been identifying rule changes that would improve its rules through an internal rules work group since 1994. The majority of the rule change suggestions received were not significant enough to warrant an individual rulemaking for each. The MPCA decided to group these rule change suggestions into this proposed miscella

neous rulemaking. The changes help to correct and improve the rules so that they are more understandable, up-to-date, and stre amlined. In addition to suggestions for rule changes from MPCA staff, the MPCA has received rule change suggestions from external parties which are included in the proposed amendments. This is the second in a series of similar rulemakings the MPCA plans to do periodically to keep its rules clear, up-to-date, and to efficiently respond to suggestions made by interested and affected parties.

Specifically, the MPCA is proposing miscellaneous amendments that clarify rule intent, change format to simplify interpretation

, correct typographical errors, eliminate redundant or outdated requirements, correct conflicting requirements, incorporate into state rules federal requirements that sources are already subject to, account for new technology, eliminate overly burdensome require

ments, streamline administrative procedures, and/or simplify implementation.

The proposed revisions to the state standards in part 7009.0080 include changing the existing standards for ozone, and adding new standards for PM 2.5 . These changes reflect the Environmental Protection Agency’s (EPA) revisions to the NAAQS for these pollutants, which became effective September 16, 1997. By incorporating the newly revised federal NAAQS into state rules, the proposed amendments do not impose any additional requirements in Minnesota that are not already imposed as a matter of federal law to attain the NAAQS. Although EPA also revised the NAAQS for particulate matter less than 10 micrometers in size (PM 10 ), that change will not be reflected in these proposed amendments to the state standards.

The statutory authority to adopt the rule is Minnesota Statutes § 116.07, subd. 4. A copy of the proposed rule is published immediately after this notice.

Comments. You have until 4:30 p.m. on February 25, 1999, to submit written comment in support of or in opposition to the proposed rules and any part or subpart of the rule. Your comment must be in writing and received by the MPCA contact person by th e due date. Comment is encouraged. Your comment should identify the portion of the proposed rule addressed and the reason for the comment. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rule must also be made during this comment period.

Request for Rule Hearing. In addition to submitting comments, you may also request that a hearing be held on the rule. Your request for a public hearing must be in writing and must be received by the agency contact person by 4:30 p.m. on February 25, 1999. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed rule to which you object or state that you oppose the entire rule. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA for determining whether a public hearing must be held. You are also encouraged to stat e the reason for the request and any changes you want made to the proposed rule.

Request to Have MPCA Board Make Decision on Rule. You have the right to submit a request to the MPCA Commissioner or an MPCA Board member to have the MPCA Board make the decision on whether to adopt the proposed rule. Your request must be in writing, must state to whom it is directed, and must be received by the MPCA contact person by 4:30 p.m. on February 25, 1999. Under Minnesota Statute § 116.02, the MPCA Board will only make the decision on the rule if the MPCA Commissioner grants your request or if an MPCA Board member makes a timely request that the decision be made by the MPCA Board.

Withdrawal of Requests for Rule Hearing. If 25 or more persons submit a written request for a hearing, a public hearing will be held unless a sufficient number withdraw their requests in writing. If enough requests for a hearing are withdrawn to reduce the number below 25, the MPCA must give written notice of this to all persons who requested a hearing, explain the actions the MPCA took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes §§ 14.131 to 14.20.

Rule Modifications. The proposed rule may be modified as a result of public comment. The modifications must be supported by comments and information submitted to the MPCA, and the adopted rule may not be substantially different than this proposed rule. If the proposed rule affects you in any way, you are encouraged to participate in the rulemaking process.

## Proposed Rules

PAGE 1509 (CITE 23 S.R. 1509) State Register, Monday 11 January 1999 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. Statement of Need and Reasonableness. A statement of need and reasonableness (SONAR) is now available from the MPCA contact person. The MPCA encourages individuals to review the SONAR in conjunction with the rule. The SONAR contains asummary of the justification for the proposed rule, including a description of who will be affected by the proposed rule and an estimate of the probable cost of the proposed rule. Copies of the SONAR may be obtained at no cost from the MPCA. In addition, a copy of the SONAR is available on the MPCA web site at: ( www.pca.state.mn.us , click on the menu selection “News/Notices” then click on the “Public Notices” selection).

Consideration of Economic Factors. Minnesota Statutes § 116.07, subd. 6 requires the MPCA to give due consideration to economic factors in exercising its powers. The MPCA has given due consideration to available information as to any economic impacts that the proposed rules would have. Because the MPCA is simply clarifying, streamlining, and correcting errors, the state rules proposed in this rulemaking do not impose any additional costs on Minnesota businesses with only a few exceptions.

Additional information regarding the MPCA’s consideration of economic factors and projected costs are discussed in greater detail in Sections V and VI , Items B, C and E in the SONAR.

Impact on Farming Operations. Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rule change to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rule in the State Register . The MPCA believes the proposed rule revisions will have no effect on steel structures on farms or on storage tank facilities, but may affect a small number of grain storage bins. Additional information regarding the MPCA’s consideration of the impact on farming operations is discussed in greater detail in Section VIII in the SONAR.

Review by the Commissioner of Transportation. Minnesota Statutes § 174.05 requires the MPCA to inform the Commissioner of Transportation of all rulemakings that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. The adoption of the miscellaneous rule changes to air quality rules do not concern tran sportation. The requirements of Minnesota Statutes § 174.05 are not applicable.

Departmental Charges Imposed by the Rule. Minnesota Statutes § 16A.1285 are inapplicable because the proposed rules do not impose any departmental charges or fees.

Adoption and Review of Rule. If no hearing is required and if the decision is not required to be made by the MPCA Board, theMPCA Commissioner may adopt the rule after the end of the comment period. The rule and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date the rule is submitted to the office. If you want to be so notified, or want to receive a copy of the adopted rule, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.
Peder A. Larson Commissioner



### 7005.0100 DEFINITIONS. [For text of subps 1 to 3, see M.R.]

Subp. 3a. Begin actual construction. “Begin actual construction” means, in general, initiation of physical, on-site construction, reconstruction, or modification activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. Such activities do not include site clearing and grading or entering into binding agreements or contractual oblig

ations. With respect to a change in method of operating, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. Owners or operators that undertake these activities prior to obtaining any required permits do so at their own risk; a permit may not be issued or may not contain the terms the applicant desires. [For text of subp 4, see M.R.] Subp. 4a. [See repealer.] [For text of subp 4b, see M.R.]PAGE 1351 (CITE 26 SR 1351) State Register, Monday 15 April 2002 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Pollution Control Agency Policy and Planning Division Proposed Permanent Rules Relating to Stationary Sources
NOTICE OF INTENT TO ADOPT RULES WITHOUT A PUBLIC HEARING Proposed New Rules Governing Conditionally Insignificant and Conditionally Exempt Air Emissions to be Codified in Minnesota Rules Ch. 7008, and Amendments to Rules Governing Permits and Offsets, Minnesota Rules Ch. 7007, Amendments to Rules Governing Air Quality Division Definitions and Abbreviations, Minnesota Rules Ch. 7005 and Amendments to Rules Governing Standards for Stationary Sources, Minnesota Rules Ch. 7011
Introduction: The Minnesota Pollution Control Agency (MPCA) intends to adopt rules without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes §§ 14.22 to 14.28, and rules of the Office of Administrative Hearings, Minnesota Rules parts 1400.2300 to 1400.2310. You may submit written comments on the proposed rules and may also submit a written request that a hearing be held on the rules until 4:30 p.m. May 15, 2002.

Agency Contact Person: Comments or questions on the rules and written requests for a public hearing on the rules must be submitted to the MPCA contact person. The MPCA contact person is: Mike Mondloch at the Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, Minnesota, 55155-4194, phone: (651) 297-8593, fax: (651) 297-8717, and email: michael.mondloch@pca.state.mn.us . TTY users may call the MPCA at TTY: (651) 292-5332 or 1-800-657-3867.

Subject of Rules and Statutory Authority: Air emission sources are required to obtain air permits based on “potential to emit.” This rulemaking is intended to streamline and simplify the MPCA air quality permitting program by establishing conditions (and consolidating existing regulations) under which certain types of facilities can avoid the requirement to obtain a permit if the facilities meet certain criteria intended to ensure that actual emissions do not exceed levels where a permit would be required. The rule will also define where certain emissions do not need to be counted towards “potential to emit” where certain criteria are met.

The rulemaking will establish a new chapter to be codified in Minnesota Rules Ch. 7008, and amend existing Minnesota Rules Chs. 7005, 7007, and 7011. New Minnesota Rules Ch. 7008 establishes two new regulatory classifications, “conditionally exempt stationary sources” and “conditionally insignificant activities.” “Conditionally exempt stationary sources” means stationary sources that may avoid the requirement to apply for and obtain an air emissions permit because they comply with the conditions set forth in proposed Minnesota Rules Ch. 7008. “Conditionally insignificant activities” means activities or emissions units that, if in compli

# Proposed Rules

Comments on Planned Rules or Rule Amendments An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency (Minnesota Statutes §§ 14.101). It does this by publishing a notice in the State Register at least 60 days before publication of a notice to adopt or a notice of hearing, and within 60 days of the effective date of any new statutory grant of required rulemaking. Rules to be Adopted After a Hearing After receiving comments and deciding to hold a public hearing on the rule, an agency drafts its rule. It then publishes its rules with a notice of hearing. All persons wishing to make a statement must register at the hearing. Anyone who wishes to submit written comments may do so at the hearing, or within five working days of the close of the hearing. Administrative law judges may, during the hearing, extend the period for receiving comments up to 20 calendar days. For five business days after the submission period the agency and interested persons may respond to any new information submitted during the written submission period and the record then is closed. The administrative law judge prepares a report within 30 days, stating findings of fact, conclusions and recommendations. After receiving the report, the agencydecides whether to adopt, withdraw or modify the proposed rule based on consideration of the comments made during the rule hearing procedure and the report of the administrative law judge. The agency must wait five days after receiving the report before taking any action. Rules to be Adopted Without a Hearing Pursuant to Minnesota Statutes § 14.22, an agency may propose to adopt, amend, suspend or repeal rules without first holding a public hearing. An agency must first solicit Comments on Planned Rules or Comments on Planned Rule Amendments from the public. The agency then publishes a notice of intent to adopt rules without a public hearing, together with the proposed rules, in the State Register . If, during the 30-day comment period, 25 or more persons submit to the agency a written request for a hearing of the proposed rules, the agency must proceed under the provisions of §§ 14.14-14.20, which state that if an agency decides to hold a public hearing, it must publish a notice of intent in the State Register

.PAGE 1352 (CITE 26 SR 1352) State Register, Monday 15 April 2002 

## Proposed Rules

ance with the conditions set forth in Minnesota Rules Ch. 7008, may be insignificant activities for purposes of air emissions permitting under Minnesota Rules. The proposed amendments to Minnesota Rules Ch. 7005 add definitions that are needed and used in Minnesota Rules Chs. 7007, 7008, and 7011. Minnesota Rules Ch. 7007 is the chapter that establishes which stationary sources must apply for and obtain an air emissions permit and the permitting requirements for those sources. Minnesota Rules Ch. 7007 is amended to exempt stationary sources that comply with Minnesota Rules Ch. 7008 from the requirement to apply for and obtain an air emissions permit. Minnesota Rules Ch. 7007 is also amended to treat conditionally insignificant activities the same as insignificant activities currently listed in part 7007.1300, subp. 3. Minnesota Rules Ch. 7011 is amended by moving the permitting exemption for concrete manufacturing plants found in part 7011.0860 to proposed Minnesota Rules Ch. 7008. Minnesota Rules Ch. 7011 is also amended to establish design and operation requirements for stage-one vapor recovery systems.

The statutory authority to adopt these rules is found in Minnesota Statutes § 116.07, subds. 4 and 4a. A copy of the proposed rules is published in the State Register and attached to this notice as mailed.

Comments: You have until 4:30 p.m. on May 15, 2002, to submit written comment in support of or in opposition to the proposed rules and any part or subpart of the rules. Comment is encouraged. Your comment should identify the portion of the proposed rules addressed and the reason for the comment. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rules must also be made during the comment period.

Request for a Hearing: In addition to submitting comments, you may also request that a hearing be held on the rules. Your request for a public hearing must be in writing and must be received by the MPCA contact person by 4:30 p.m. on May 15, 2002. Your written request for a public hearing must include your name and address. You must identify the portion of the proposed ru les to which you object or state that you oppose the entire set of rules. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA when determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed rules.

Withdrawal of Requests: If 25 or more persons submit a valid written request for a hearing, a public hearing will be held unless a sufficient number withdraw their requests in writing. If enough requests for hearing are withdrawn to reduce the number belo w 25, the MPCA must give written notice of this to all persons who requested a hearing, explain the actions the MPCA took to effect the withdrawal, and ask for written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes §§ 14.131 to 14.20.

Alternative Format: Upon request, this Notice can be made available in an alternative format, such as large print, Braille, or cassette tape. To make such a request, please contact the MPCA contact person at the address or telephone number listed above.

Modifications: The proposed rules may be modified as a result of public comment. The modifications must be supported by comments and information submitted to the MPCA, and the adopted rules may not be substantially different than these proposed rules. If the proposed rules affect you in any way, you are encouraged to participate in this rulemaking process.

Statement of Need and Reasonableness: A statement of need and reasonableness (SONAR) is now available from the MPCA contact person. This SONAR contains a summary of the justification for the proposed rules, including a description of who willbe affected by the proposed rules and an estimate of the probable cost of the proposed rules. Copies of the SONAR may be obtainedat the cost of reproduction from the MPCA. In addition, the MPCA has placed a copy of the SONAR on its Web site at www.pca.state.mn.us . Click on the News/Notices selection button to access the public notice that also contains the proposed rules and SONAR.

Consideration of Economic Factors: The proposed rules are intended to reduce the administrative burden of regulating a large number of similar sources with low actual emissions. This will reduce the cost of regulating these businesses for the owner, o perator, and agency. The savings for the compliant owner or operator will be the result of avoiding the need to prepare or submit an application. This saves the owner or operator at least the time to complete the forms and possibly the cost of hiring a consultant. Consultant fees, even for relatively simple applications, can be thousands of dollars. The compliant owner or operator will also save the cost of an annual air emissions fee; currently $24.94/ton of chargeable pollutant emitted. The savings discussed here are relative to the cost of individual permits for each stationary source that could be a conditionally exempt stationary source. Additional information regarding the MPCA’s consideration of economic factors is discussed in Sections V and VI of the SONAR.

Impact on Farming Operations: Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rules to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rules in the State Register. The requirements of Minnesota Statutes § 14.111 are not applicable because the proposed rules do not affect farming operations.

Notification of the Commissioner of Transportation: Minnesota Statutes § 174.05 requires the MPCA to inform the Commissioner of Transportation of all rulemaking that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. While the MPCA believes that the proposed amendments will not impact Department of Transportation activities or transportation concerns in Minnesota, on August 6, 2001, a draft of the proposed rules was mailed to the Commissioner of the Department of Transportation. No comments or questions were received.

## Proposed Rules

PAGE 1353 (CITE 26 SR 1353) State Register, Monday 15 April 2002 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. State Regulatory Policy: Minnesota Statutes § 14.131 requires an agency to consider, in developing rules, the legislative policy supporting performance-based regulatory systems set forth in Minnesota Statutes § 14.002. The proposed rules are intended to assist the regulated community in complying with its statutory obligations. The proposed rules increase flexibility for the regulated party, but are mindful of the MPCA’s regulatory objectives. Like other air emissions permitting streamlining efforts (registration permits, general permits, and the control equipment performance standards), the goal of these rules and amendments is to minimi ze cost to the affected owners and operators and the MPCA. For example, Minnesota Rules Ch. 7008 establishes the “conditionally exempt stationary source” classification of stationary sources. Owners and operators of qualifying stationary sources may choose to operate under the proposed exemption or apply for and obtain an air emissions permit. For most gasoline service stations, either method (permitting or exemption under Minnesota Rules Ch. 7008) effectively limits the potential to emit of the stationary source, thereby fulfilling the statutory obligations of the owner or operator.

Lobbyist Registration: Minnesota Statutes Ch. 10A, requires each lobbyist to register with the Campaign Finance and Public Disclosure Board. Questions regarding this requirement may be directed to the Campaign Finance and Public Disclosure Board at: First Floor South, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, phone: (651) 296-5148 or 1-800-657-3889.

Request to Have MPCA Board Make Decision on Rule if No Hearing is Required. If a hearing is required, the MPCA Board will make the final decision on whether to adopt the proposed rules. However, even if no hearing is required, you may submit a request to the MPCA Commissioner or an MPCA Board member to have the MPCA Board make the decision on whether to adopt the proposed rule amendments. Your request must be in writing, must state to whom it is directed and must be received by the MPCA contact person by 4:30 p.m. on May 15, 2002. Under Minnesota Statutes § 116.02 where a hearing is not required the MPCA Board will only make the decision on the rule if the MPCA Commissioner grants your request or if an MPCA Board member makes a timely request that the decision be made by the MPCA Board.

Adoption and Review of Rules: If no hearing is required, the MPCA may adopt the rules after the end of the 30-day comment period. The rules and supporting documents will then be submitted to the Office of Administrative Hearings for review for legality. You may request the MPCA contact person to notify you of the date the rules are submitted to the Office of Administrative Hearings. In addition, if you want to receive a copy of the adopted rules, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.
Karen A. Studders Commissioner

7005.0100 DEFINITIONS. [For text of subps 1 to 2, see M.R.]

Subp. 2a. Aggregate. “Aggregate” means any combination of sand, gravel, and crushed stone or other material serving a similar purpose in its natural or processed state. [For text of subps 3 to 4b, see M.R.]

Subp. 4c. Cementitious material. “Cementitious material” means a powdered substance which consists of any combination of the following: A. material manufactured from calcined carbonate rock, also known as burned lime, and clay; B. fly ash generated from coal burning that meets the requirements outlined in ASTM C 618-96, as found in the Annual Book of American Society for Testing and Materials Standards (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, volume 4.02 (1996). This document is incorporated by reference and is subject to frequent change. It is available through the Minitex interlibrary loan system; C. pulverized blast furnace slag; or D. any other similar fine substance that, when mixed with water, forms a cohesive, adhesive material that will harden into a rigid substance.

Subp. 4d. Concrete. “Concrete” means a material consisting of a coarse and fine aggregate bound by a paste of cementitious material and water, with admixtures added to achieve various properties, which then sets into a hard and rigid substance.

### P age 84 0 State R egister , Mond ay 29 December 200 3 (Cite 28 SR 840) 

# Pollution Cont r ol Agen c y Majors and Remediation D i vision P r oposed Permanent Rules Relating to T e c hnical Changes
N O TICE OF INTENT T O ADOPT RULES WITHOUT A PUBLIC HEARING
P r oposed Amendments to the Minnesota P ollution Cont r ol Agen c y ’

s Rules G ov erning Air Quality P erformance Standa r ds, Air Emissions P ermits, Emission In v ento ry , Related Haza r dous W aste P ermits, and Miscellaneous Definitions and Incorpo rations by Refe r ence to be Codified in Minnesota R ules Chapters 7001, 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019 and 7045
Int roduction: The Minnesota Pollution Control Agen c y (MPCA) intends to adopt rules without a public hearing foll o wing the procedures set forth in the rules of the O f f ice of Administrati v e Hearings, Minnesota Rules 1400.2300 to 1400.2310, and the Administrati v e Procedure Act, Minnesota Statutes § 14.22 to 14.28. You may submit written comments on the propose rule amendments and may also submit a written request that a hearing be held on the rules until 4:30 p.m. January 29, 2004.

Agency Contact Person. Comments or questions on the proposed rule amendments and written requests for a public hearing on the rules must be submitted to the MPCA contact person. The MPCA contact person is:
Stuart Arkl e y Minnesota Pollution Control Agen c y 520 La f ayette Road St. P aul Minnesota, 55155-4194 Phone: (651) 296-7774 F ax: (651) 297-8676 E-mail: stuart.arkl e y@pca.state .mn.us

. TTY users may call the MPCA at (651) 292-5332 or 800-657-3867 Subject of Rules and Statutory Authority. The MPCA is proposing to amend its rules governing air quality performance standards, air emissions permits, emission inventory, related hazardous waste permits, and miscellaneous definitions and incorporations by reference to be codified in Minnesota Rules ch. 7001, 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019 and 7045. The MPCA’s statutory authority to adopt these rules is found in Minnesota Statutes § 116.07, subdivisions 4 and 4a. A copy of the proposed rule amendments is published in the State Register and attached to this notice as mailed.

The primary goals of this rulemaking are to make minor changes to existing rules, bring rules up-to-date, correct errors, and c larify existing rules. An additional goal is to incorporate certain federal air quality rules by reference and make other changes that will provide consistency with federal requirements and implement the delegation of air quality regulatory authority from Environmental Protection Agency (EPA) to MPCA. The informal name given to this rulemaking is the “Omnibus III” rulemaking, being the third rule effort in an ongoing series of rulemakings intended to update and improve the MPCA’s existing air quality rules. 

# Proposed Rules

Comments on Planned Rules or Amendments

An agency must first solicit Comments on Planned Rules or Comments on Planned Rules Amendments from the public on the subject matter of a possible rulemaking proposal under active consideration within the agency (Minnesota Statutes § § 14.101). It does this by publishing a notice in the State Register at least 60 days before publication of a notice to adopt or a notice of hearing, and within 60 days of the effective date of any new statutory grant of required rulemaking. Rules to be Adopted After a Hearing

After receiving comments and deciding to hold a public hearing on the rule, an agency drafts its rules. It then publishes its rules with a notice of hearing. All persons wishing to make a statement must register at the hearing. Anyone who wishes to submit written comments may do so at the hearing, or within five working days of the close of the hearing. Administrative law judges may, during the hearing, extendthe period for receiving comments up to 20 calendar days. For five business days after the submission period the agency and interested persons may respond to any new information submitted during the written submission period and the record is then closed. The administrative law judge prepares a reportwithin 30 days, stating findings of fact, conclusions and recommendations. After receiving the report, the agency decides whether to adopt, withdraw or modify the proposed rule based on consideration of the comments made during the rule hearing procedure and the report of the administrative law judge. The agency must wait five days after receiving the report before taking any action. Rules to be Adopted Without a Hearing

Pursuant to Minnesota Statutes § 14.22, an agency may propose to adopt, amend, suspend or repeal rules without first holding a public hearing. An agency must first solicit Comments on Planned Rules or Comments on Planned Rules Amendments from the public. The agency then publishes a notice of intent to adopt rules without a public hearing, together with the proposed rules, in the State Register . If, during the 30-day comment period, 25 or more persons submit to the agency a written request for a hearing of the proposed rules, the agency must proceed under the provisions of §§ 14.14-14.20, which state that if an agency decides to hold a public hearing, it must publish a notice of intent in the State Register

.

### (Cite 28 SR 841 ) State R egister , Mond ay 29 December 200 3 P age 841 

# P r oposed Rules

Examples of the amendments made to the air quality rules are: the clari f ication of calculation procedures for permitting thres h

olds; updating the de f inition of v olatile o rganic compounds; and a change in the w ay that emissions i n v entory data is f inalize d

. This rule also incorporates by reference, in Chapter 7011, the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) standards that h av e been promulgated by the E P A since the last such incorporation by reference w as completed, in a
pr evious omni b us rulemaking. The n ew incorporations by reference are necessary for the MPCA to complete the del e gation of authority to implement NESHAP requirements from the E P A to the MPCA. This rulemaking also makes minor changes to the state hazardous w aste rules and the rules g ov erning hazardous w aste f acility pe rmits. These hazardous w aste related changes simply pr o vide an e xclusion from the hazardous w aste rules for comparable/syngas fuel so that it can be r e gulated as a fuel and not a w aste, and a clari f ication of the requirements that will be applicable to the operators of f acilities r e gulated through the federal NESHAP requirements that are being adopted by reference. Comments. Y ou h av e until 4:30 p.m. on January 29, 2004, to submit written comment in support of or in opposition to the proposed rule amendments and a ny part or subpart of the rules. Comment is encouraged. Y our comment should identify the portion of the proposed rules addressed and the reason for the comment. Y ou are encouraged to propose a ny change desired. Request f or a Hearin g . In addition to submitting comments, you may also request that a hearing be held on the rules. Y our request for a public hearing must be in writing and must be rece i v ed by the MPCA contact person by 4:30 p.m. on January 29, 20 0 4. Y

our written request for a public hearing must include your name and address. Y ou must identify the portion of the proposed ru le amendments to which you object or state that you oppose the entire set of rules. A ny request that does not comply with these requirements is not v alid and cannot be counted by the MPCA when determining whether a public hearing must be held. Y ou are also encouraged to e xplain the reasons for your objections to the rules and to propose a ny changes you w ant made to the rules.

Withdrawal of Requests. If 25 or more persons submit a v alid written request for a hearing, a public hearing will be held unless

a su f f icient number withdr aw their requests in writing. If enough requests for hearing are withdr awn to reduce the number bel o w 25, the MPCA must g i v e written notice of this to all persons who requested a hearing, e xplain the actions the MPCA took to e f f e ct the withdr aw al, and ask for written comments on this action. If a public hearing is required, the MPCA will foll o w the proced u res in Minnesota Statutes § 14.131 to 14.20.

Alte rnativ e F ormat. Upon request, this Notice can be made av ailable in an alternati v e format, such as large print, Braille, or cassette tape. T o make such a request, please contact the MPCA contact person at the address or telephone number listed ab ov e. Modi f ications. The proposed rule amendments may be modi f ied as a result of public comment. The modi fications must be supported by comments and information submitted to the MPCA, and the adopted rules may not be substantially di f ferent than these proposed rules, unless the procedure under Minnesota Rules 1400.2110, has been foll o wed. If the proposed rule amendments a f fect you in a ny w ay, you are encouraged to participate in the rulemaking process.

Statement of Need and Reasonableness. A statement of need and reasonableness (SO N AR) is n o w av ailable from the MPCA contact person. This SO N AR contains a summary of the justi f ication for the proposed rule amendments, including a description o f who will be a f fected by the proposed rules and an estimate of the probable cost of the proposed rules. Copies of the SO N AR may be obtained at the cost of reproduction from the MPCA. In addition, the MPCA has placed a co p y of the SO N AR on its W eb site
at: ww w .pca.state .mn.us

. Click on the N ews/Notices selection item to access the public notice that also contains the proposed rule amendments and SONAR.

Consideration of Economic Factors. Minnesota Statutes § 116.07, subd. 6 requires the MPCA to consider the impact that economic factors have on the feasibility and practicability of the proposed rules or amendments. In proposing these rules, the MP CA has given due consideration to economic impacts of implementing the proposed rule amendments. The MPCA has determined that the proposed rule amendments do not cause any additional economic impact to the public and regulated community that was not already in place. This rulemaking does not establish a new rule. It makes minor clarifications, revisions, and updates to exi sting air quality rules, incorporates by reference and assures consistency with certain federal air quality rules, and provides for c ertain exclusions from the hazardous waste rules. Additional information regarding the MPCA's consideration of economic factors is di scussed in Sections IV and VI of the SONAR.

Impact on Farming Operations. Minnesota Statutes § 14.111 requires that if an agency adopts or repeals rules that affect farming operations, the agency must provide a copy of the proposed rules to the Commissioner of Agriculture, no later than 30 days prior to publication of the proposed rules in the State Register . The requirements of Minnesota Statutes §14.111 are not applicable because the proposed rule amendments do not affect farming operations.

Notification of the Commissioner of Transportation. Minnesota Statutes § 174.05 requires the MPCA to inform the Commissioner of Transportation of all rulemakings that concern transportation, and requires the Commissioner of Transportation to prepare a written review of the rules. The requirements of Minnesota Statutes § 174.05 are inapplicable because the proposed rule amendments do not impact the Department of Transportation.

State Regulatory Policy. Minnesota Statutes § 14.131 requires an agency, in developing rules, to consider the legislative policy supporting performance-based regulatory systems set forth in Minnesota Statutes § 14.002. In developing the proposed rule amend-

### Page 842 State Register , Monday 29 December 2003 (Cite 28 SR 842) 

# Proposed Rules

ments, the MPCA considered and proposed ways to simplify and clarify certain air quality rules to make it easier for regulated parties to understand and comply with the rules. In addition, MPCA considered how the proposed rules could provide for a more efficient air quality regulatory process for regulated parties by incorporating federal standards by reference and providing for co nsistency between state and federal air quality requirements. The MPCA will consider all comments received as a result of the publ ication of this notice. Through these steps, the MPCA is considering and implementing the policy supporting performance-based regulatory systems set forth in Minnesota Statutes § 14.002.

Lobbyist Registration. Minnesota Statutes ch. 10A, requires each lobbyist to register with the State Campaign Finance and Public Disclosure Board. Questions regarding this requirement may be directed to the Campaign Finance and Public Disclosure Board at: Suite 190, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone (651) 296-5148 or 1-800-657-3889.

Request to Have MPCA Board Make Decision on Rule if No Hearing is Required. If a hearing is required, the MPCA board will make the final decision on whether to adopt the proposed rules. However, even if no hearing is required, you may submit a request to the MPCA commissioner or an MPCA board member to have the MPCA board make the decision on whether to adopt the proposed rule amendments. Your request must be in writing, must state to whom it is directed, and must be received by the MPCA contact person by 4:30 p.m. on January 29, 2004. Under Minnesota Statutes § 116.02 where a hearing is not required, theMPCA board will only make the decision on the rule if the MPCA commissioner grants your request or if an MPCA board member makes a timely request that the decision be made by the MPCA board.

Adoption and Review of Rules. If no hearing is required, the MPCA may adopt the rules after the end of the 30-day comment period. The rules and supporting documents will then be submitted to the Office of Administrative Hearings (OAH) for review fo r legality. You may ask to be notified of the date the rules are submitted to the OAH. If you want to be so notified, or want to receive a copy of the adopted rules, or want to register with the MPCA to receive notice of future rule proceedings, submit your reque st to the MPCA contact person listed in this notice. Sheryl A. Corrigan Commissioner

7001.0650 INTERIM STATUS. [For text of subps 1 to 4, see M.R.]

Subp. 5. Changes during interim status. Except as provided in item F, an owner or operator who has interim status may conduct the activities prescribed in items A to F. [For text of items A to E, see M.R.]F. Except as specifically allowed under this item, changes listed under items A to E may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to reconstruction: [For text of subitems (1) to (4), see M.R.] (5) changes necessary to comply with an interim status corrective action order issued by EPA under RCRA section 3008(h) or other federal authority, by an authorized state under comparable state authority, or by a court in judicial proceeding broug ht by EPA or an authorized state, provided that the changes are limited to the treatment, storage, or disposal of solid waste from re leases that originate within the boundary of the facility; and (6) changes to treat or store, in tanks or containers, hazardous wastes subject to land disposal restrictions imposed by parts 7045.1300 to 7045.1380, provided that the changes are made solely for the purpose of complying with parts 7045.1300 to 7045.1380 or RCRA section 3004; and (7) changes necessary to comply with standards under part 7011.7410, National Emission Standards for Hazardous Air Pollutants from Hazardous W aste Comb ustors

. [For text of subps 6 and 7, see M.R.] 7001.0730 MODIFICATION OF PERMITS; REVOCATION AND REISSUANCE OF PERMITS. [For text of subps 1 to 5, see M.R.] Subp. 6. Combustion facility changes. Comb ustion f acility o wners or operators must comply with the notif ication of intent requirements of part 7011.7410 before requesting a permit modif ication in order to make technology changes needed to meet stan

dards in part 7011.7410. 7002.0075 NOTIFICATION OF ERROR.

An owner or operator who thinks that the assessed annual emission fee is in error shall provide a written explanation of the pe rson’s position to the commissioner within 60 days of receipt of the invoice or no later than June 30 of the year in which the fee wasH. Crappie No closed season. 10 (8)

I. All other No closed season. Same as listed in (9) species part 6262.0200.

[For text of subps 3 to 6, see M.R.]

REPEALER. Minnesota Rules , parts 6260.1900, subparts 2, 3, and 4; 6260.2400, subparts 26, 27, 28, and 29; 6262.0900; and 6264.0400, subpart 34, are repealed. The expedited emergency amendments to Minnesota Rules , parts 6256.0500, subpart 9, published in the State Register , volume 30, page 1292, May 30, 2006; 6262.0500, subparts 1, 2, and 3, published in the State Register , volume 30, page 1216, May 8, 2006; 6264.0400, subpart 4, items E to K, published in the State Register , volume 30, page 1191, May 1, 2006, and subpart 33, published in the S tate Register , volume 31, page 207, August 14, 2006; 6266.0300, subpart 2, published in the S tate Register , volume 30, page 673, December 27, 2005; and 6266.0400, subpart 2, published in the State Register , volume 31, page 1139, February 20, 2007, are repealed. Minnesota Rules , parts 6262.0550, published in the State Register , volume 30, page 1191, May 1, 2006; 6262.1000, published in the State Register , volume 30, page 704, January 3, 2006; and 6264.0150, published in the State Register , volume 30, page 1216, May 8, 2006, are repealed.


# Pollution Control Agency Environmental Analysis & Outcomes Division Proposed Permanent Rules Relating to Air Quality DUAL NOTICE: Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received Proposed Amendments to Rules Governing Air Quality Performance Standards, Air Emissions Permits, Emission Inventory Reporting and Miscellaneous Definitions and Incorporations by Reference to be Codified in Minnesota Rules Chapters 7002, 7005, 7007, 7011, 7017 and 7019
Introduction. The Minnesota Pollution Control Agency (MPCA) intends to adopt rules without a public hearing following the procedures set forth in the rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2300 to 1400.2310, and the Administrative Procedure Act, Minnesota Statutes, §§ 14.22 to 14.28. If, however, 25 or more persons submit a written request for a hearing on the rules by 4:30 p.m. on June 6, 2007, the public hearing will be held on June 22, 2007 at the MPCA St. Paul Office, Board Room, 520 Lafayette Road North, St. Paul, MN 55155-4194, starting at 9:00 a.m. and continuing until the hearing is completed. To find out whether the rules will be adopted without a hearing or if the hearing will be held, you should contact the MPCA contact person after June 6, 2007, and before June 22, 2007.

MPCA Contact Person. Comments or questions on the rules and written requests for a public hearing on the rules must be submitted to the MPCA contact person. The MPCA contact person is Mary Jean Fenske, Minnesota Pollution Control Agency, Environmental Analysis and Outcomes Division, 520 Lafayette Road North, St. Paul, MN 55155-4194; telephone number: (651) 297-5472 or toll-fre e 1-800-657-3864; facsimile number: (651) 297-7709; and e-mail: maryjean.fenske@pca.state.mn.us . TTY users may call the MPCA at TTY (651) 292-5332 or 1-800-657-3864. Subject of the Rules. The MPCA is proposing to amend several air quality rules with the overall purpose of keeping the 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 involves updating definitions, incorporating new federal performance standards into state rule, and limited scope changes to state performance standards, emission inventory, performance testing and permitti ng rules. The MPCA’s proposed changes to the control equipment rules, Minnesota Rules, parts 7011.0060 to 7011.0080, represent a rule update with a broader scope. The MPCA’s intent is to update an existing elective rule so that it reflects modern day control a ssumptions and can potentially be utilized by more permittees to help them determine permit applicability. Additionally the new rules for regional haze, Best Available Retrofit Technology, proposed at Minnesota Rules part 7007.5000 represent the initial steps needed for the MPCA to implement the federal regional haze program. Where applicable, the new and revised rules will be submitted to the EPA for inclusion in the Minnesota State Implementati on Plan. This applies to all rules except for the incorporation by reference of New Source Performance Standards and National Emission S tandards for Hazardous Air Pollutants in chapter 7011. Statutory Authority. The statutory authority to adopt these proposed rules is found in Minnesota Statutes, § 116.07, subd. 4. Under
Page 1580 State Register , Monday 7 May 2007 (Cite 31 SR 1580) 

# Proposed Rulesthis statute, the MPCA has the necessary statutory authority to adopt the proposed rules. Availability of Rules. A copy of the proposed rule amendments is published in the State Register after this notice, or they can be viewed at the following MPCA Web site: http://www.pca.state.mn.us/news/data/index.cfm?PN=1 . A free copy of the proposed rules is also available upon request by contacting Mary Jean Fenske at (651) 297-5472. Only one free copy will be sent per request. You have until 4:30 p.m. on June 6, 2007, to submit written comments in support of or in opposition to the proposed rule amendments. Your comments must be in writing and received by the MPCA contact person by the due date. Written comments may be submitted to the MPCA comment person at the address, facsimile number, or email address listed above. Comments are encouraged. Your comments should identify the portion of the proposed rules addressed, the reason for the comment, and any change prop osed. You are encouraged to propose any change desired. Any comments that you would like to make on the legality of the proposed rul es must also be made during this comment period. Request for a Hearing. In addition to submitting comments, you may also request that a hearing be held on the rules. Your request for a public hearing must be in writing and must be received by the MPCA contact person by 4:30 p.m. on June 6, 2007. Your wri tten request for a public hearing must include your name and address. You must identify the portion of the proposed rules to which you object or state that you oppose the entire set of proposed rule amendments. Any request that does not comply with these requirements is not valid and cannot be counted by the MPCA when determining whether a public hearing must be held. You are also encouraged to state the reason for the request and any changes you want made to the proposed rules.

Withdrawal of Requests. If 25 or more persons submit a valid written request for a hearing, the public hearing, scheduled above, will be held unless a sufficient number withdraw their requests in writing. If enough requests for a hearing are withdrawn to reduce the number below 25, the MPCA must give written notice of this to all persons who requested a hearing, explain any actions the MPCA took t o effect the withdrawal, and invite written comments on this action. If a public hearing is required, the MPCA will follow the procedures in Minnesota Statutes §§ 14.131 to 14.20. Alternative Format/Accommodation. Upon request, this Dual Notice can be made available in an alternative format, such as large print, Braille, or cassette tape. To make such a request, or if you need an accommodation to make this hearing accessible, please contact the MPCA contact person at the address, telephone number, or email address listed above. Modifications. The proposed rules may be modified, either as a result of public comment or as a result of the rule hearing process. Modifications must be supported by data and views submitted to the MPCA or presented at the hearing and the adopted rules may n ot be substantially different than these proposed rules, unless the procedure under Minnesota Rules, part 1400.2110, has been followed. If the proposed rules affect you in any way, you are encouraged to participate in the rulemaking process.

Cancellation of Hearing. The hearing scheduled for June 22, 2007, as indicated above, will be canceled if the MPCA does not receive timely requests from 25 or more persons that a hearing be held on the rules. If you requested a public hearing, the MPCA will notify you before the scheduled hearing whether or not the hearing will be held. You may also call the MPCA contact person, Mary Jean Fen ske, at (651) 297-5472 after June 6, 2007, to find out whether the hearing will be held.

Notice of Hearing. If 25 or more persons submit valid written requests for a public hearing on the rules by 4:30 p.m. on June 6, 2007, a hearing will be held following the procedures in Minnesota Statutes §§ 14.131 to 14.20. The hearing will be held on the date and at the time and place listed above. The hearing will continue until all interested persons have been heard. Administrative Law Judge Barb ara L. Neilson is assigned to conduct the hearing. Judge Neilson can be reached at the Office of Administrative Hearings, 100 Washing ton Square, Suite 1700, Minneapolis, MN 55401-2138, telephone number (612) 341-7604, and facsimile (612) 349-2665.

Hearing Procedure. If a hearing is held, you and all interested or affected persons, including representatives of associations or other interested groups, will have an opportunity to participate. You may present your views either orally at the hearing or in writing at any time before the close of the hearing record. All evidence presented should relate to the proposed rules. You may also submit writt en material to the Administrative Law Judge to be recorded in the hearing record for five working days after the public hearing ends. This five-day comment period may be extended for a longer period not to exceed 20 calendar days, if ordered by the Administrative Law Judge at the hearing. Following the comment period, there is a five-working-day rebuttal period during which the MPCA and any interested pe rson may respond in writing to any new information submitted. No additional evidence may be submitted during the five-day rebuttal period. All comments and responses submitted to the Administrative Law Judge must be received at the Office of Administrative Hearings no later than 4:30 p.m. on the due date. All comments or responses received will be available for review at the Office of Administrativ e Hearings. This rule hearing procedure is governed by Minnesota Rules, parts 1400.2000 to 1400.2240, and Minnesota Statutes §§ 14.131 to 14.20. Questions about procedure may be directed to the Administrative Law Judge. The MPCA requests that any person submitting written views or data to the Administrative Law Judge prior to the hearing or during the comment or rebuttal period also submit a copy of the written views or data to the MPCA contact person at the address stated above. Statement of Need and Reasonableness. A statement of need and reasonableness (SONAR) is available from the MPCA by contacting Mary Jean Fenske at (651) 297-5472. This SONAR contains a summary of the justification for the proposed rules, incl uding a description of who will be affected by the proposed rules and an estimate of the probable cost of the proposed rules. Copies of the SONAR may be obtained at the cost of reproduction from the MPCA. In addition, the MPCA has placed a copy of the SONAR on its

(Cite 31 SR 1581) State Register , Monday 7 May 2007 Page 1581 

# Proposed RulesWeb site at: http://www.pca.state.mn.is/news/data/index.cfm?PN=1

. Lobbyist Registration. Minnesota Statutes, Chapter 10A, requires each lobbyist to register with the State Campaign Finance and Public Disclosure Board. Questions regarding this requirement may be directed to the Campaign Finance and Public Disclosure Board at: Suite 190, Centennial Building, 658 Cedar Street, St. Paul, MN 55155, telephone number (651) 296-5148 or 1-800-657-3889. Request to Have MPCA Citizens’ Board Make Decision on Rule if No Hearing is Required. If a hearing is required, the MPCA Citizens’ Board will make the final decision on whether to adopt the proposed rules. However, even if a hearing is not required, you may submit a request to the MPCA Commissioner or an MPCA Citizens’ Board member to have the MPCA Citizens’ Board make the decision on whether to adopt the proposed rule amendments. Your request must be in writing, must state to whom it is directed, and must be received by the MPCA contact person by 4:30 p.m. on June 6, 2007. Under Minnesota Statutes § 116.02, when a public hearing is not required, the MPCA Citizens’ Board will only make the decision on the rule if the MPCA Commissioner grants your request or if a n MPCA Citizens’ Board member makes a timely request that the decision be made by the MPCA Citizens’ Board. Adoption Procedure if No Hearing. If no hearing is required, the MPCA may adopt the rules after the end of the 30-day comment period. The rules and supporting documents will then be submitted to the Office of Administrative Hearings for review for lega lity. You may ask to be notified of the date the rules are submitted to the office. If you want to be so notified, or want to receive a copy of the adopted rules, or want to register with the MPCA to receive notice of future rule proceedings, submit your request to the MPCA contact person listed above.

Adoption Procedure After a Hearing. If a hearing is held, after the close of the hearing record, the Administrative Law Judge will issue a report on the proposed rules. You may ask to be notified of the date the Administrative Law Judge’s report will become avail able, and can make this request at the hearing or in writing to the Administrative Law Judge. You may also ask to be notified of the date on which the MPCA adopts the rules and the rules are filed with the Secretary of State, and can make this request at the hearing or in writing to the MPCA contact stated above. Order. I order that the rulemaking hearing be held at the date, time and location listed above.

Brad Moore, Commissioner Minnesota Pollution Control Agency

7002.0025 ANNUAL EMISSION FEE RATES. [For text of subps 1 and 2a, see M.R.] Subp. 3. Facilities failing to submit emissions inventories. If an emission reporting facility fails to submit an emissions inventory as required by part 7019.3000, it shall be assessed an annual emission fee for that facility that is $X times 1-1/2 times the estimated most recent actual emissions as stated in the facility’ s permit application in tons for which an emissions fee was assessed under part 7019.3000. If the facility has never submitted an emissions inventory as required under part 7019.3000, but has submitted a permit application under chapter 7007, it shall be assessed an annual emission fee for that facility that is $X times 1-1/2 times the estimated actual emissions as stated in the facility’ s permit application. If the owner or operator of a facility that is required to obtain a permit under chapter 7007 has not submitted a permit app lication which includes an estimate of the actual emissions, it shall be assessed an annual fee that is $X times 1-1/2 times the estimated pot ential to emit of that facility, as defined in part 7005.0100, subpart 35a. If a facility issued an option B registration permit fails to submit an emission inventory, it shall be assessed an annual f ee of $210.

7005.0100 DEFINITIONS. [For text of subps 1 to 9a, see M.R.] Subp. 9b. Efficiency factor. “Efficiency factor” means: A. the control efficiency listed in part 7011.0070, subpart 1 1a, table A; B. notwithstanding item A, where no control efficiency is listed for a control equipment type in part 7011.0070, subpart 1 1a, table A, or where the commissioner has determined that a more representative control efficiency is available under this item, efficiency factor means a control efficiency developed or approved by the commissioner and derived from the following sources: [For text of subitems (1) to (5), see M.R.] [For text of item C, see M.R.] [For text of subp 10, see M.R.] Subp. 10a. Emission factor. “Emission factor” means the most accurate and representative emission data available from one of the following sources: A. For criteria pollutants, The emission factor listed in the Compilation of Air Pollutant Emission Factors (AP42), fifth edition, United States Environmental Protection Agency, Technical Support Division, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, January 1995, as amended, which is incorporated by reference and is available through the Minitex interliPage 1582 State Register , Monday 7 May 2007 (Cite 31 SR 1582) 

# Proposed Rules

## Attachment 4: State Register Notices of Adopted RulesPAGE 1237 (CITE 22 S.R. 1237) State Register, Monday 12 January 1998 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Pollution Control Agency Adopted Permanent Rules Relating to Miscellaneous Air Quality Amendments

The rules proposed and published at State Register, Volume 22, Number 6, pages 232-265, August 11, 1997 (22 SR 232), are adopted with the following modifications:


### 7007.0750 APPLICATION PRIORITY AND ISSUANCE TIMELINES.

Subp. 7. Two-stage issuance of part 70 permits and part 70 permit amendments authorizing construction or modification. (2) would include an enforceable limitation assumed to avoid being subject to a new source review program under part C or D of the act, the agency shall send the permit to the permittee after all requirements of the new source review program have been satisfied or after all requirements to avoid applicability of new source review have been completed including any required notice and comment period . The agency shall at the same time notify the permittee in writing that those permit conditions required by the new source review program or developed to avoid applicability of new source review and designated as such by the agency in the permit or amendment, and only those conditions, shall be considered issued.


### 7007.0800 PERMIT CONTENT.

Subp. 6. Reporting. The permit shall require the permittee to submit to the agency the reports described in this subpart. The permit shall require that all reports be certified by a responsible official consistent with part 7007.0500, subpart 3. A. Deviation reporting time frames are described in subitems (1) and (2). (1) For deviations that endanger human health or the environment, the permit shall require the permittee to notify the commissioner as required in part 7019.1000, subpart 1, in the event of any deviation from applicable requirements or permit condi

tions which could endanger human health or the environment

. C. The permit shall require submittal of an annual compliance certification by January 31 of each year to the agency. In thecase of part 70 permits, compliance certifications shall be submitted to the administrator as well as the agency, unless the administrator agrees that the submittals are not necessary. The certification shall be on a form approved by the commissioner and shall contain at least the following:



# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register , unless a later date is required by statutes or specified in the rule. If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed. If an adopted rule differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rule's previous State Register publication will be cited. Exempt Rules An exempt rule adopted under Minnesota Statutes §§ 14.386 or 14.388 is effective upon its publication in the State Register. Emergency Expedited Rules Provisions for the Commissioner of Natural Resources to adopt emergency expedited Game and Fish Rules are specified in Minnesota Statutes §§ 84.027. The commissioner may adopt emergency expedited rules when conditions exist that do not allow the Commissioner to comply with the requirements for emergency rules. The Commissioner must submit the rule to the attorney general for review and must publish a notice of adoption that includes a copy of the rule and the emergency conditions. Emergency expedited rules are effective upon publication in the State Register, and may be effective up to seven days before publication under certain emergency conditions. Emergency expedited rules are effective for the period stated or up to 18 months.PAGE 145 (CITE 23 S.R. 145) State Register, Monday 13 July 1998 

### KEY: PROPOSED RULES SECTION — Underlining indicates additions to existing rule language. Strike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION — Underlining indicates additions to proposed rule language. Strike outs indicate deletions from proposed rule language. 

# Minnesota Pollution Control Agency Air Quality Division Adopted Permanent Rules Relating to Air Quality; Standards of Performance for Stationary Sources The rules proposed and published at State Register , Volume 22, Number 42, pages 1861-1876, April 20, 1998 (22 SR 1861), are adopted as proposed.



# Department of Public Service Adopted Permanent Rules Relating to the Energy Code

The rules proposed and published at State Register , Volume 22, Number 20, pages 771-880, November 17, 1997 (22 SR 771); and Volume 22, Number 29, page 1259, January 20, 1998 (22 SR 1259), are adopted with the following modifications: 

### 7670.0100 AUTHORITY; SCOPE; APPLICABILITY. [Withdrawn at 23 S.R. 145] 7670.0325 DEFINITIONS. [Withdrawn at 23 S.R. 145] 7670.0610 BUILDING MECHANICAL SYSTEMS. [Withdrawn at 23 S.R. 145] 7670.0800 ELECTRICAL POWER AND LIGHTING. [Withdrawn at 23 S.R. 145] 7670.1115 EFFECTIVE DATES. [Withdrawn at 23 S.R. 145] 7672.0300 MATERIALS AND EQUIPMENT.

Subp. 2. Plans and specifications. Plans, specifications, and either calculations or compliance forms must demonstrate compliance with all requirements of this chapter including, but not limited to : 

### 7672.0400 INCORPORATIONS BY REFERENCE.

Subpart 1. Incorporated items. The following standards and references are incorporated by reference:
E. ASTM E1677-95, Standard Specification for an Air Retarder (AR) Material or System for Low-Rise Framed Building Walls;
F. CAN/CSA-439-88, Standard Methods of Test for Rating the Performance of Heat Recovery Ventilators, Canadian Standards Association;



# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register , unless a later date is required by statutes or specified in the rule. If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed. If an adopted rule differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rule's previous State Register publication will be cited. Exempt Rules An exempt rule adopted under Minnesota Statutes §§ 14.386 or 14.388 is effective upon its publication in the State Register. Emergency Expedited Rules Provisions for the Commissioner of Natural Resources to adopt emergency expedited Game and Fish Rules are specified in Minnesota Statutes §§ 84.027. The commissioner may adopt emergency expedited rules when conditions exist that do not allow the Commissioner to comply with the requirements for emergency rules. The Commissioner must submit the rule to the attorney general for review and must publish a notice of adoption that includes a copy of the rule and the emergency conditions. Emergency expedited rules are effective upon publication in the State Register, and may be effective up to seven days before publication under certain emergency conditions. Emergency expedited rules are effective for the period stated or up to 18 months.PAGE 1764 (CITE 23 S.R. 1764) State Register, Monday 1 March 1999 

## Adopted Rules 

# Pollution Control Agency Adopted Permanent Rules Relating to Air Quality Monitoring and Testing

The rules proposed and published at State Register , Volume 23, Number 4, pages 245-260, July 27, 1998 (23 SR 245), are adopted with the following modifications:


### 7017.1002 DEFINITIONS.

Subpart 1. Scope. For the purposes of parts 7017.1004 to 7017.1220, the definitions given in parts 7005.0100, 7007.0100, and 7017.2005, and the definitions given in Code of Federal Regulation Regulations

, title 40, part 60.2, and in the federal rules incorporated by reference in part 7017.1010, apply unless otherwise defined in this part.

Subp. 7. Excess emissions. “Excess emissions” means emissions that are greater than the numerical emission limit during both the period when the limit applies and any applicable periods of exemption, such as periods of startup, shutdown, and malfunctio n. Excess emissions do not include emissions during startup and shutdown that are based on values calculated using correction factors which, when applied outside the normal operating range, produce invalid values.

Subp. 10. Monitor downtime. “Monitor downtime” means time periods when one or more of the following are true, excluding periods of monitor bypass: B. the COMS is not meeting the data availability requirements of part 7017.1200, subpart 2; or C. the CEMS or COMS is out of control; or
D. the CEMS or COMS is not collecting the recording emissions data

. 

### 7017.1050 MONITOR CERTIFICATION AND RECERTIFICATION TEST.

Subp. 2. Changes to a CEMS or COMS which invalidate certification. Any of the following changes to a certified CEMS or COMS invalidates the certification status of the monitoring system: C. replacement of or modification to the flue gas handling system which changes its flow characteristics ; or 

### 7017.1090 MONITOR OPERATIONAL REQUIREMENTS.

Subp. 2. Acceptable monitor downtime. Monitor downtime is a violation of subpart 1, except for reasonable periods of monitor downtime due to the following causes:
B. sudden and not reasonably preventable monitor breakdowns which make it necessary to return monitoring system compo

nents to the manufacturer for repair or to order monitor parts not included in the facility’s quality assurance plan list of spare monitor parts ; 

### 7017.1110 EXCESS EMISSIONS REPORTS.

Subpart 1. Excess emissions report required. The owner or operator of a facility subject to parts 7017.1002 to 7017.1220 shall submit an excess emissions report each calendar quarter. The report must be submitted even if there were no excess emissions, monitor downtime, or monitor bypasses during the quarter. The report shall be submitted on a form approved by the commissioner within 30 days of the end of each calendar year quarter . Any such form provided by the commissioner shall only seek information relevant to the excess emissions report.

Subp. 2. Contents of excess emissions report. The excess emissions report shall contain at least the information in items A to C.


### 7017.1130 RECORDKEEPING.

The owner or operator of a facility subject to parts 7017.1002 to 7017.1220 shall maintain a file of all of the following CEMS or COMS information at the emission facility in a permanent form suitable for inspection for at least five years from the date of each record: each one-hour emission average recorded by the CEMS; each six-minute opacity average recorded by the COMS; monitor certification test reports; excess emissions reports; cylinder gas audit reports; calibration error audit reports; relative accuracy test audits; linearity check reports; results of daily calibration drift checks; log of adjustments made to the CEMS or COMS and mai ntenance performed on the CEMS or COMS; and all other monitoring system information required by an applicable compliance document. The owner or operator shall also keep an updated copy of the facility’s CEMS or COMS quality assurance plan on site.


### 7017.1160 CEMS MONITORING DATA.

Subpart 1. Data points. All data points collected by a CEMS shall be used to calculate individual hourly emission averages unless another applicable requirement or compliance document requires more frequent averaging . Each hourly average starts at the beginning of the hour and ends at the beginning of the following hour.PAGE 2224 (CITE 23 S.R. 2224) State Register, Tuesday 1 June 1999 

# Higher Education Services Office Adopted Permanent Rules Relating to Minnesota National Service Scholars Matching Grant Program

The rules proposed and published at State Register, Volume 23, Number 38, pages 1862-1864, March 22, 1999 (23 SR 1862), are adopted as proposed.



# Department of Natural Resources Adopted Emergency Rules Relating to Closed Waters; Waters with Restrictions on Taking Fish

The rules proposed and published at State Register, Volume 23, Number 38, pages 1865-1866, March 22, 1999 (23 SR 1865), are adopted as proposed.



# Pollution Control Agency Adopted Permanent Rules Relating to Miscellaneous Air Quality Amendments

The rules proposed and published at State Register, Volume 23, Number 28, pages 1507-1539, January 11, 1999 (23 SR 1507), are adopted with the following modifications: 

### 7011.0080 MONITORING AND RECORDKEEPING FOR LISTED CONTROL EQUIPMENT.

The owner and operator of a stationary source shall comply with the monitoring and recordkeeping required for listed control equipment by the table in this part. The owner or operator shall maintain the records required by this part for a minimum of five years from the date the record was made. For hoods, the owner shall maintain at the stationary source the evaluation of each hood required in part 7011.0070, as well as a yearly record of the fan rotation speed, fan power draw, or face velocity of each hood, or other comparable air flow indication method.

EPA Identification Pollution Control Monitoring Recordkeeping Number(s) Equipment Type Parameter(s) Requirement

007, 008, Centrifugal Pressure drop Record pressure 009, 076, 077 collector (cyclone) drop every 24 hours if in operation

011A, 011B, Electrostatic Number of fields Record the minimum 012A, 012B precipitator online number of fields online for every 24-hour time block, if in operation 

# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register, unless a later date is required by statutes or specified in the rule. If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed. If an adopted rule differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rule's previous State Register publication will be cited. Exempt Rules An exempt rule adopted under Minnesota Statutes §§ 14.386 or 14.388 is effective upon its publication in the State Register. Emergency Expedited Rules Provisions for the Commissioner of Natural Resources to adopt emergency expedited Game and Fish Rules are specified in Minnesota Statutes §§ 84.027. The commissioner may adopt emergency expedited rules when conditions exist that do not allow the Commissioner to comply with the requirements for emergency rules. The Commissioner must submit the rule to the attorney general for review and must publish a notice of adoption that includes a copy of the rule and the emergency conditions. Emergency expedited rules are effective upon publication in the State Register, and may be effective up to seven days before publication under certain emergency conditions. Emergency expedited rules are effective for the period stated or up to 18 months.

### (Cite 27 SR 1579) State Register , Monday 21 April 2003 Page 1579 

# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register, unless a later date is required by statutes or specified in the rule.

If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previo us State Register publication will be printed.

If an adopted rules differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rules previous State Register publication will be cited.

Expedited and Emergency Rules Provisions for the Commissioner of Natural Resources to adopt emergency expedited Game and Fish Rules are specified in Minnesota Statutes §§ 84.027. The commissioner may adopt emergency expedited rules when conditions exist that do not allow the Commissioner to complywith requirements for emergency rules. The Commissioner must submit the rule to the attorney general for review and must publish a notice of adoption that includes a copy of the rule and emergency conditions. Emergency expedited rules are effective upon publication in the State Register, and may be effective up to seven days before publication under certain emergency conditions. Emergency expedited rules are effective for the period stated or up to 18 months. 

# Pollution Control Agency Adopted Permanent Rules Relating to Stationary Sources

The rules proposed and published at State Register , Volume 26, Number 43, pages 1351-1363, April 15, 2002 (26 SR 1351), and Volume 26, Number 48, pages 1632-1633, May 20, 2002 (26 SR 1632), are adopted with the following modifications: 7005.0100 DEFINITIONS.

Subp. 4f. Conditionally exempt stationary source. “Conditionally exempt stationary source” means a stationary source listed in part parts 7008.2100 to 7008.2250 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7, and is not part of another stationary source. 7007.0150 PERMIT REQUIRED.

Subp. 4. Calculation of potential to emit. A. For purposes of parts 7007.0200 and 7007.0250, the owner or operator of a stationary source shall calculate the stationary source’s potential to emit using the definition in part 7005.0100, subpart 35a, except as provided in subitems (1) to (3) (4)

. (4) If a stationary source consists in part of emissions units that could have qualified as a conditionally exempt stationary source under chapter 7008 but for the presence of other noneligible emissions units, potential emissions caused by emissions fr om those units may be based on the limits imposed under chapter 7008 provided that general and technical standards of chapter 7008 are met with regard to those emissions units. 7007.1120 REGISTRATION PERMIT OPTION B.

Subpart 1. Eligibility. The owner or operator of a stationary source may apply for a registration permit under this part if: B. the only emissions from the stationary source are from VOC-containing materials, or are from insignificant activities under part 7007.1300, subparts 2 and 3, or conditionally insignificant activities except for part 7008.4100, conditionally insignific ant VOC usage ; and

Subp. 2. Application content. An application for a registration permit under this part must contain the following: E. the gallons of VOC-containing materials purchased or used in a calendar year basis . If the stationary source has not been operated, the owner or operator shall estimate the gallons of VOC-containing materials that will be purchased or used on a cale ndar year basis during normal operation using a worksheet provided by the commissioner. If the stationary source has been operated less than 12 months or has not been operated a full calendar year on the date of application under this part, the owner or operator shall calculate gallons of VOC-containing materials purchased or used by multiplying 12 months by the larger of the two following monthly averages: (2) the estimated average monthly gallons purchased or used for normal operation. Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3, and conditionally insignificant a ctivities except for part 7008.4100, conditionally insignificant VOC usage, are not required to be included in the application

.

Subp. 3. Compliance requirements. The owner or operator of a stationary source issued a registration permit under this part shall: D. have emissions from the stationary source only from VOC-containing materials or from insignificant activities under part 7007.1300, subparts 2 and 3, and conditionally insignificant activities except for part 7008.4100, conditionally insignificant VOC
usage ;

### Page 1482 State Register , Monday 24 May 2004 (Cite 28 SR 1482) 

# Board of Chiropractic Examiners Adopted Permanent Rules Relating to Acupuncture Registration

The rules proposed and published at State Register , Volume 28, Number 24, pages 775-777, December 15, 2003 (28 SR 775), are adopted as proposed. 

# Pollution Control Agency Adopted Permanent Rules Relating to Technical Changes

The rules proposed and published at State Register , Volume 28, Number 26, pages 840-854, December 29, 2003 (28 SR 840), are adopted with the following modifications: 7019.3000 EMISSION INVENTORY.

Subp. 2. Owner or operator error in reporting data. If an owner or operator discovers an error in the data after having submitted it to the agency, the owner or operator shall submit corrected data, with a written explanation of the mistake and why i t occurred. If the commissioner agrees that the correction is appropriate, the commissioner shall correct the data in the invent ory.However, for purposes of assessing the emission fee under part 7002.0025, the commissioner shall not accept any correction submitted by an owner or operator which would result in a reduction of tons emitted if the correction is submitted more than 45 days after the annual emissions inventory mailing date of the previous year ’ s air emissions summary

. 

# Minnesota Racing Commission Adopted Permanent Rules Relating to Horse Racing

The rules proposed and published at State Register , Volume 28, Number 30, pages 923-932, January 26, 2004 (28 SR 923), are adopted with the following modifications:
7873.0193 PLACE PICK ALL.

Subp. 4. Place pick all pool. The place pick all pari-mutuel pool consists of amounts contributed for a selection finishing first or second in each of the races designated by the association with the approval of the commission. Each person purchasing a pla ce pick all ticket shall designate a horse that officially finishes first or second in each of the races comprising that days day’ s racing
program.

Subp. 6. Calculation of pool. B. One hundred percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate the most winning selections officially finish ing first or second in each of the races comprising that days day’ s racing program. C. (1) One hundred percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate a horse that officially finishes first or second in each of the races comprising that days day’ s racing program. (2) In the event there is no pari-mutuel ticket properly issued which correctly designates a horse that officially finishes first or second in each of the races comprising that days day’ s racing program, 75 percent of the pari-mutuel pool shall not be distributed but shall be retained by the association as a distributable amount and shall be carried over and included in the place pick all pari-mutuel pool for the next succeeding racing date as an additional net amount to be distributed among the holders of pari-mutuel tickets which correctly designate the official winner in each of the four races comprising the pick four pool that day.



# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register, unless a later date is required by statutes or specified in the rule.

If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed.

If an adopted rules differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rule’s previous State Register publication will be cited.

KEY: PROPOSED RULES SECTION

_ Underlining indicates additions to existing rule language. S trike outs indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” ADOPTED RULES SECTION

_ Underlining indicates additions to proposed rule language. S trike outs indicates deletions from proposed rule language.Page 626 State Register, Monday 29 November 2004 (Cite 29 SR 626) specified in item A, if the commissioner determines that: (1) the volume or toxicity of the universal waste represents a potential for significant risk to human health or the environment; or (2) there is a potential for contamination at the accumulation site.


# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register , unless a later date is required by statutes or specified in the rule. If an adopted rule is identical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed. If an adopted rule differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be und erlined. The rule's previous State Register publication will be cited. KEY: Proposed Rules - Underlining indicates additions to existing rule language. S trikeouts indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” Adopted Rules - Underlining indicates additions to proposed rule language. S trikeout indicates deletions from proposed rule language.


# Pollution Control Agency Adopted Permanent Rules Relating to Capped Emission Permits and State Permits with Environmental Management Systems (EMS) Provisions The rules proposed and published at State Register , Volume 29, Number 2, pages 3558, July 12, 2004 (29 SR 35), are adopted with the following modifications:

7007.1144 CAPPED PERMIT PUBLIC PARTICIPATION. Subpart 1. Notice of applications received. The agency shall electronically post notice of receipt of an application for a capped permit at the Minnesota Pollution Control Agency Internet site www .pca.state.mn.us/air/permits/capped.html. A person may request to receive notification from the agency of applications received.

7007.1148 AMBIENT AIR QUALITY ASSESSMENT. Subp. 2. CAPS electronic spreadsheet method. A. An owner or operator may use an electronic spreadsheet, called CAPS, provided by the agency to enter emissions data, and (1) stack height and distance to the property line, or (2) dispersion factors for each stack/vent at the stationary source to perfo rm the ambient air quality assessment. The CAPS electronic spreadsheet is incorporated by reference and is available at the Minnesota Polluti on Control Agency Internet site www .pca.state.mn.us/air/permits/capped/ www .pca.state.mn.us/air/permits/capped.html. It is not subject to frequent change. C. The owner or operator must use the default dispersion factors in CAPS or develop dispersion factors using the Minnesot a Pollution Control Agency Dispersion Information Screening Procedures for Emission Risk Screening Evaluations (DISPERSE) program or the Environmental Protection Agency SCREEN3 program. DISPERSE or DISPERSE with Emphasis on DISPERSE Look up Table and DISPERSE Batch Programs, Minnesota Pollution Control Agency (October 21, 2003) is incorporated by reference, is not subject to frequent change, and is available on the Minnesota Pollution Control Agency Internet site www .pca.state.mn.us/air/permits/capped/

www .pca.state.mn.us/air/permits/capped.html. SCREEN3 is incorporated by reference in subpart 3. 

# Proposed RulesPage 1130 State Register, Monday 17 April 2006 (Cite 30 SR 1130) 

# Adopted Rules

This amount will be calculated annually based on figures from the Minnesota Office of Higher Education Services Office ; or (3) for postsecondary training institutions when the eligible individual is enrolled in a postbaccalaureate degree progr am, an amount determined by averaging the cost of full-time graduate resident summer school tuition at each of the state universities in the Minnesota State Colleges and Universities system. This amount will be calculated annually based on figures from the Minnesota Office of Higher Education Services Office

. C. For eligible individuals attending any postbaccalaureate degree program at the University of Minnesota: (1) for the regular academic year, the dollar amount equal to the cost of full-time graduate resident tuition and mandat ory student services fees at the Graduate School of the University of Minnesota - Twin Cities campus. This amount is available annually fr om the Minnesota Office of Higher Education Services Office ; or (2) for summer school, the dollar amount equal to the cost of full-time graduate resident summer school tuition and mand atory student services fees at the Graduate School of the University of Minnesota - Twin Cities campus. This amount is available annually fr om the Minnesota Office of Higher Education Services Office

.

3300.5060 TERMS AND CONDITIONS FOR PROVISION OF VOCATIONAL REHABILITATION SERVICES. Subp. 9. Rehabilitation technology. C. Agency purchases of vehicle adaptations must be made as follows: (5) the agency will contribute no more than the amount necessary for the least costly alternative for the vehicle adaptations that will facilitate the mechanical ability to operate the vehicle. Least costly will be determined by an evaluation by a qualified driver specialist who meets the qualifications necessary to apply for ADED certification, the certification of the Association for Driver Rehabilitation Specialists, or similar organization and by obtaining bids through the state Department of Administration Materials Management Division;


# Minnesota Pollution Control Agency Adopted Permanent Rules Relating to Repeal of Obsolete Rules The rules proposed and publised at State Register , Volume, 30, Number 17, pages 419-421, October 24, 2005 (30 SR 419), are adopted as proposed.



# Expedited Emergency Rules

Provisions exist for the Commissioners of some state agencies to adopt expedited emergency rules when conditions exist that do not allow the Commissioner to comply with the requirements for emergency rules. The Commissioner must submit the rule to the attorney general for review and must publish a notice of adoption that includes a copy of the rule and the emergency condi tions. Expedited emergency rules are effective upon publication in the State Register, and may be effective up to seven days befo re publication under certain emergency conditions. Expedited emergency rules are effective for the period stated or up to 18 months. Specific Minnesota Statute citations accompany- ing these expedited emergency rules detail the agency's rulemaking authority. KEY: Proposed Rules - Underlining indicates additions to existing rule language. S trikeouts indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” Adopted Rules - Underlining indicates additions to proposed rule language. Strikeout indicates deletions from proposed rule language.


# Department of Natural Resources Adopted Expedited Emergency Game and Fish Rules: 2006 Moose Season Quotas NOTICE IS HEREBY GIVEN that the above entitled rules have been adopted through the process prescribed by Minnesota Statutes
, section 84.027, subdivision 13 (b). The statutory authority for the contents of the rule is Minnesota Statutes , sections 97A.431 and 97B.505. The emergency conditions that do not allow compliance with Minnesota Statutes , sections 97A.0451 to 97A.0459, are that population and harvest data needed prior to setting quotas and bag limits for moose are not available until March. Quota numbers and bag limits are necessary so that harvests and populations can be managed and to allow applicants to evaluate where they want to apply.

Dated: April 4, 2006 Gene Merriam, Commissioner Department of Natural ResourcesPage 904 State Register, Monday 19 November 2007 (Cite 32 SR 904) and can make this request at the hearing or in writing to the Administrative Law Judge. You may also ask to be notified of the date on which the agency adopts the rules and the rules are filed with the Secretary of State, and can make this request at the hearing or in writing to the agency contact person stated above.

Order. I order that the rulemaking hearing be held at the date, time, and location listed above.

Dated: November 6, 2007 John Linc Stine, Director Environmental Health Division



# Adopted Rules

A rule becomes effective after the requirements of Minnesota Statutes §§ 14.05-14.28 have been met and five working days after the rule is published in the State Register , unless a later date is required by statutes or specified in the rule. If an adopted rule is iden- tical to its proposed form as previously published, a notice of adoption and a citation to its previous State Register publication will be printed. If an adopted rule differs from its proposed form, language which has been deleted will be printed with strikeouts and new language will be underlined. The rule's previous State Register publication will be cited. KEY: Proposed Rules - Underlining indicates additions to existing rule language. S trikeouts indicate deletions from existing rule language. If a proposed rule is totally new, it is designated “all new material.” Adopted Rules - Underlining indicates additions to proposed rule language. Strikeoutindicates deletions from proposed rule language.



# Pollution Control Agency Adopted Permanent Rules Relating to Air Quality

The rules proposed and published at State Register, Volume 31, Number 45, pages 1580-1604, May 7, 2007 (31 SR 1580), are a dopted with the following modifications:

7007.1110 REGISTRATION PERMIT GENERAL REQUIREMENTS. Subp. 2b. Additional limitations on stationary source eligibility for a registration permit. A stationary source may not obtain an option B, C, or D registration permit if: B. the commissioner determines that sitespecific permit requirements are needed to ensure compliance with applicable requ irements or to protect human health or the environment. Any owner or operator of a stationary source that holds a registration permit and is eligible for a sector-based general permit that is available on or before January 1, 2007, shall apply for the general permit on or before October December 31, 2008.

7007.1125 REGISTRATION PERMIT OPTION C. Subp. 5. Transition period. Any owner or operator of a stationary source that holds a registration permit option C and is ineligible for a registration permit option C on or after January 1, 2007, shall apply for another type of permit on or before April 30 December 31, 2008.

7007.1130 REGISTRATION PERMIT OPTION D. Subp. 3. Compliance requirements for Option D sources. 

# Proposed Rules

## Attachment 5: Completeness Review

A. Administrative Materials (40 CFR pt. 51, Appendix V, Part 2.1)

The EPA’s Criteria for Determining the Comple teness of Plan Submittals, published at 40 CFR pt. 51, Appendix V (2001), requires st ates to provide the basic documents that show that the State has properly followed th e administrative requirements called for by the CAA for the adoption of SIPs. The requirements, and how this SIP revision complies with these requirements, are discussed here:

1) Formal Letter of Submittal:

“A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof.”

Attached to the front of this SI P revision request is a formal letter of submittal from the MPCA Commissioner, Brad Moore, to th e EPA Region V Administrator, Mary Gade. The office of the Commissioner of the MPCA is statutorily cr eated at Minnesota Statute § 116.03, subd.1(a) (2000). The Commissioner is appo inted by the Governor, and the duties of the position include acting as the state agent to “apply for, receive, and disburse federal funds made available to the state by federal law or rule and regulations promulgated thereunde r for any purpose related to the power and duties of the MPCA or the Commissione r. The Commissioner shall comply with any and all requirements of such federal law or suchrules and regulations promulgated thereunder to facilitate application for, rece ipt, and disbursement of such funds.” Minn. Stat. § 116.03 subd. 3 (2000).

2) Evidence of State Adoption of Plan and Issuance of Orders in Final Form

“Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter ‘document’) in final form. That evidence shall include the date of adoption or fi nal issuance as well as the effective date of the plan, if different from the adoption/issuance date.”

As this SIP revision makes minor updates to a numb er of air quality rules, MPCA has provided a clean copy of all the rules that should be included into Minnes ota’s SIP as of February 27, 2008

. Attachment 2, along with the accompanying CD, contai ns a copy of the relevant air quality rules provided by the Minnesota Office of the Revisor of Statutes to the MPCA on February 27, 2008. In addition, Attachment 4 contains the State Re gister Notices showing adoption of the proposed rules.

3) Legal Authority Documentation:

“Evidence that the State has the necessary le gal authority under St ate law to adopt and implement the plan.”

## The MPCA’s Statutory authority to adopt air qua lity rules is set forth in Minn. Stat. § 116.07, subd. 4 (1996) which provides:

Pursuant and subject to the provisi ons of chapter 14, and the provisions hereof, the pollution contro l agency may adopt, ame nd, and rescind rules and standards having the force of law relati ng to any purpose within the provisions of Laws 1967, ch. 882, for the preventi on, abatement, or control of air pollution. Any such rule or standard may be of gene ral application throughout the state, or may be limited as to times, places, circumstances, or conditions in order to make due allowance for variations therein. Without limitation, rules or standard may relate to sources or emissions of air contamination or air pollution, to the quality or composition of such emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or to any other matter relevant to the prevention, ab atement or control of air pollution.

4) Compliance with State Procedures:

“Evidence that the state followed all of the pr ocedural requirements of the State’s laws and constitution in conducting and completi ng the adoption/issuance of the plan.”

MPCA complied with all relevant state procedures for adopting the rules included in this SIP revision, including preparing a Statement of N eed and Reasonableness (SONAR) and providing a period for public notice and co mment, and allowing the public the opportunity to request a public hearing in front of an Administrative Law Judge. Rules cannot be adopted in Minnesota without this procedure.

5) Public Notice:

“Evidence that public notice was given of the proposed change consistentwith the procedures approved by the EPA, including the date of the publication of the notice.”

Each rule was subject to public notice and comment when propos ed, as required by Minnesota’s rulemaking procedures. See Attachment 3, which contains the rule proposals published for each rule. The public notices also contain the language of each proposed rule, which were not reproduced here but can be provided if necessary. Or, the remainder of the notice for the majority of the rules can be viewed on the Minnesota State Register website at http://www.comm.media.state.mn.us/books tore/state_registe r_archives.asp

6) Public Hearing Certification

“Certification that public hearin g(s) were held in accordance w ith the information provided in the public notice and the State’s laws and constitution, if applicable.”

In general, MPCA’s rules procedures include earlynotice, published in th e State Register, of a planned rulemaking along with requests for comm ents. In addition, MPCA often asks for stakeholders to identify if they are interested in commenting on the draft rules, and those that

## indicate such interest are sent rule drafts for comment. Informal stakeholder meetings are also held with representatives from organizations su ch as environmental consulting firm, businesses, regulated parties, environmental groups, ne ighborhood organizations, and local governments.

Under Minnesota’s rulemaking procedures, each proposed rule must offer the opportunity for the public to request a hearing on the pr oposed rules. In most cases for these rules, a public hearing was not required, due to an insufficient number of responses, or requests for hearings were withdrawn after consultation between the reques ter and the MPCA.

7) Public Comments and State Response:

“Compilation of the public comments and State’s response thereto.”

Public comments were received on many of the ru les, and changes made to the rules due to public comment can be seen by looking at the St ate Register notice of adoption. Responses to comments are required by Minnesota’s rulemaki ng process, and can be provided if necessary.

B. Technical Support:

1) Pollutants Regulated:

“Identification of all regulated po llutants affect by the plan.”

All criteria air pollutants may be affe cted by various parts of this plan.

2) Source Identification

“Identification of the locations of affected so urces including the EPA attainment/nonattainment designation of the locations and the state of the Attainment Pl an for the affected area(s).”

Minnesota’s air quality rules affect the entire state.

3) Emissions Quantification:

“Quantification of the changes in the plan; allowable emission s from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of the changes in actual emissions through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.”

These rules do not provide for changing the exis ting emission limits for any specific facility.

4) NAAQS Protections:

“The State’s demonstration thatthe NAAQS, prevention of signifi cant deterioration increments, reasonable further progress demonstration, and visibi lity, as applicable, are protected if the plan is approved and implemented.”

## This revision contains revisions to the state air quality rules that have already been approved, and have been determined not to adversely im pact NAAQS maintenance or PSD increments.

5) Modeling Information

“Modeling information required to support the proposed revision, including input data, output data, models used, justification of the mode l selections, ambient monitoring data used, meteorological data used, justifi cation for use of off-site data (where used), modes of models used, assumptions, and other information relevantto the determination of adequacy of the modeling analysis.”

This is not applicable to this revision.

6) Continuous Emission Reduction

“Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.”

This is not applicable to this revision.

7) Emission Level Assurance

“Evidence that the plan contains emissi on limitations, work practice standards and recordkeeping/requirements, where nece ssary, to ensure emissions levels.”

Although some changes have been made, particular ly to recordkeeping requirements, MPCA has ensured that the remaining requirements ar e adequate to ensure emissions levels.

8) Compliance/Enforcement

“Compliance and enforcement strategies, including how compliance will be determined in practice.”

Compliance with state rules is managed by MPCA’s Compliance and Enforcement section.

9) Special Economic and Tec hnological Justifications:

“Special economic and technologicaljustifications required by any applicable EPA policies, or an explanation of why such justifications are not necessary.”

This requirement does not apply to this submittal.