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

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 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

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

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 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.

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 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. 

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 the
PAGE 234 State Register, Monday 11 August 1997 (CITE 22 S.R. 234)

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 boundaries 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 (HCFC-22); 

I. trifluoromethane (HFC-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); 
(CITE 22 S.R. 1861) State Register, Monday 20 April 1998 PAGE 1861

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 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.

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 an

attempt 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 deadline

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 is 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 State Register, Monday 20 April 1998 (CITE 22 S.R. 1862)

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, 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.

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

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

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 in

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 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 response period during which

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. The

MPCA 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 the
PAGE 1864 State Register, Monday 20 April 1998 (CITE 22 S.R. 1864)

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 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 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 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, maintains 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 malfunction; 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 discharged 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

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

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 MPCA

Boardroom, 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 Rule

(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 State Register, Monday 27 July 1998 (CITE 23 S.R. 246)

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, 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.

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 in

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 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 response period during which

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

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

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/QC

requirements 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 4:30

p.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

Commissioner
(CITE 23 S.R. 1507) State Register, Monday 11 January 1999 PAGE 1507

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 amendments that would incorporate into state rules federal requirements that sources are already subject to. The MPCA would like to

clarify 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 standards

found 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 (PM2.5).

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

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 miscellaneous rulemaking. The changes help to correct and improve the rules so that they are more understandable, up-to-date, and streamlined. 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 requirements, 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 PM2.5. 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 (PM10),

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 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 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 state

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

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

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 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. 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 transportation. 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, 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.

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 obligations. 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.] 
(CITE 26 SR 1351) State Register, Monday 15 April 2002 PAGE 1351

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

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 rules

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 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.

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 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 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, operator, 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

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

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 minimize

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.
Page 840 State Register, Monday 29 December 2003 (Cite 28 SR 840)

Pollution Control Agency

Majors and Remediation Division

Proposed Permanent Rules Relating to Technical Changes

NOTICE OF INTENT TO ADOPT RULES WITHOUT A PUBLIC HEARING

Proposed Amendments to the Minnesota Pollution Control Agency’s 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 Chapters 7001, 7002, 7005, 7007,

7008, 7009, 7011, 7017, 7019 and 7045

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 1400.2300 to 1400.2310, and the

Administrative 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 Arkley 

Minnesota Pollution Control Agency

520 Lafayette Road

St. Paul

Minnesota, 55155-4194

Phone: (651) 296-7774 

Fax: (651) 297-8676

E-mail: stuart.arkley@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 clarify 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, 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 is then 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 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 Register, Monday 29 December 2003 Page 841

Proposed Rules

Examples of the amendments made to the air quality rules are: the clarification of calculation procedures for permitting thresholds; updating the definition of volatile organic compounds; and a change in the way that emissions inventory data is finalized. This

rule also incorporates by reference, in Chapter 7011, the federal National Emission Standards for Hazardous Air Pollutants

(NESHAP) standards that have been promulgated by the EPA since the last such incorporation by reference was completed, in a

previous omnibus rulemaking. The new incorporations by reference are necessary for the MPCA to complete the delegation of

authority to implement NESHAP requirements from the EPA to the MPCA. 

This rulemaking also makes minor changes to the state hazardous waste rules and the rules governing hazardous waste facility permits. These hazardous waste related changes simply provide an exclusion from the hazardous waste rules for comparable/syngas

fuel so that it can be regulated as a fuel and not a waste, and a clarification of the requirements that will be applicable to the operators of facilities regulated through the federal NESHAP requirements that are being adopted by reference.

Comments. You have 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 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. 

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 January 29, 2004.

Your written request for a public hearing must include your name and address. You must identify the portion of the proposed rule

amendments 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 explain the reasons for your objections to the rules and to propose any changes you want made to the 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 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.

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 rule amendments 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, unless the procedure under Minnesota Rules 1400.2110, has been followed. If the proposed rule amendments affect

you in any way, you are encouraged to participate in the 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 rule amendments, including 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 Web site

at: www.pca.state.mn.us. Click on the News/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 MPCA

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 existing

air quality rules, incorporates by reference and assures consistency with certain federal air quality rules, and provides for certain

exclusions from the hazardous waste rules. Additional information regarding the MPCA's consideration of economic factors is discussed 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 consistency between state and federal air quality requirements. The MPCA will consider all comments received as a result of the publication 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, 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 (OAH) for review for

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 request

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 brought by

EPA or an authorized state, provided that the changes are limited to the treatment, storage, or disposal of solid waste from releases

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 Waste Combustors. 

[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. Combustion facility owners or operators must comply with the notification of intent

requirements of part 7011.7410 before requesting a permit modification in order to make technology changes needed to meet standards 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 person’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 was
 H. 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 State Register, volume 31, page 207, August 14, 2006; 6266.0300, subpart 2, published in the State 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-free

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 permitting 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 assumptions

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 Implementation Plan.

This applies to all rules except for the incorporation by reference of New Source Performance Standards and National Emission Standards

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 Rules
this 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 proposed.

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 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 written

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 to 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 not

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 Fenske, 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 Barbara L.

Neilson is assigned to conduct the hearing. Judge Neilson can be reached at the Office of Administrative Hearings, 100 Washington 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 written 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 person

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 Administrative 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, including

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 Rules
Web 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 an

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 legality. 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 available, 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 application 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 potential 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 fee 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 Rules 
(CITE 22 S.R. 1237) State Register, Monday 12 January 1998 PAGE 1237

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 conditions 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 the

case 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. 
(CITE 23 S.R. 145) State Register, Monday 13 July 1998 PAGE 145

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 State Register, Monday 1 March 1999 (CITE 23 S.R. 1764)

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 malfunction.

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 components 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 maintenance 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 State Register, Tuesday 1 June 1999 (CITE 23 S.R. 2224)

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 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 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 comply with 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 from

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 insignificant

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 calendar

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 activities

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 it

occurred. If the commissioner agrees that the correction is appropriate, the commissioner shall correct the data in the inventory.

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 place

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 finishing

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. 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 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 underlined. The

 rule's previous State Register publication will be cited.

 KEY: Proposed Rules - Underlining indicates additions to existing rule language. Strikeouts 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.

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 perform the ambient

air quality assessment. The CAPS electronic spreadsheet is incorporated by reference and is available at the Minnesota Pollution 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 Minnesota 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 Rules
Page 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 program, 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 mandatory student

services fees at the Graduate School of the University of Minnesota - Twin Cities campus. This amount is available annually from 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 mandatory student

services fees at the Graduate School of the University of Minnesota - Twin Cities campus. This amount is available annually from 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 conditions.

 Expedited emergency rules are effective upon publication in the State Register, and may be effective up to seven days before

 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. Strikeouts 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 Resources
Page 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. Strikeouts 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.

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 adopted

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 requirements

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 Completeness of Plan Submittals, published at 40 CFR 

pt. 51, Appendix V (2001), requires states to provide the basic documents that show that the 

State has properly followed the 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 SIP revision request is a formal letter of submittal from the MPCA 

Commissioner, Brad Moore, to the EPA Region V Administrator, Mary Gade. The office of the 

Commissioner of the MPCA is statutorily created at Minnesota Statute § 116.03, subd.1(a) 

(2000). The Commissioner is appointed 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 thereunder for any purpose related to the 

power and duties of the MPCA or the Commissioner. The Commissioner shall comply with any 

and all requirements of such federal law or such rules and regulations promulgated thereunder to 

facilitate application for, receipt, 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 final 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 number of air quality rules, MPCA has provided a 

clean copy of all the rules that should be included into Minnesota’s SIP as of February 27, 2008. 

Attachment 2, along with the accompanying CD, contains 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 Register Notices showing adoption of the proposed 

rules. 

 

3) Legal Authority Documentation: 

“Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan.” 
The MPCA’s Statutory authority to adopt air quality rules is set forth in Minn. Stat. § 116.07, 

subd. 4 (1996) which provides: 

 Pursuant and subject to the provisions of chapter 14, and the provisions 

hereof, the pollution control agency may adopt, amend, and rescind rules and 

standards having the force of law relating to any purpose within the provisions 

of Laws 1967, ch. 882, for the prevention, abatement, or control of air 

pollution. Any such rule or standard may be of general 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, abatement or control of air pollution. 

4) Compliance with State Procedures: 

“Evidence that the state followed all of the procedural requirements of the State’s laws and 

constitution in conducting and completing 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 Need and Reasonableness (SONAR) and providing 

a period for public notice and comment, 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 consistent with 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 proposed, 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/bookstore/state_register_archives.asp 

6) Public Hearing Certification 

“Certification that public hearing(s) were held in accordance with the information provided in 

the public notice and the State’s laws and constitution, if applicable.” 

In general, MPCA’s rules procedures include early notice, published in the State Register, of a 

planned rulemaking along with requests for comments. 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 such as environmental consulting firm, businesses, 

regulated parties, environmental groups, neighborhood 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 proposed 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 requester 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 rules, and changes made to the rules due to 

public comment can be seen by looking at the State Register notice of adoption. Responses to 

comments are required by Minnesota’s rulemaking process, and can be provided if necessary. 

B. Technical Support: 

1) Pollutants Regulated: 

“Identification of all regulated pollutants affect by the plan.” 

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

2) Source Identification 

“Identification of the locations of affected sources including the EPA attainment/nonattainment 

designation of the locations and the state of the Attainment Plan 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 emissions 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 existing emission limits for any specific facility. 

4) NAAQS Protections: 

“The State’s demonstration that the NAAQS, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, 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 impact 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 model selections, ambient monitoring data used, 

meteorological data used, justification for use of off-site data (where used), modes of models 

used, assumptions, and other information relevant to 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 emission limitations, work practice standards and 

recordkeeping/requirements, where necessary, to ensure emissions levels.” 

Although some changes have been made, particularly to recordkeeping requirements, MPCA has 

ensured that the remaining requirements are 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 Technological Justifications: 

“Special economic and technological justifications required by any applicable EPA policies, or 

an explanation of why such justifications are not necessary.” 

This requirement does not apply to this submittal.