Attachment 2: Clean Copy of Rules to be Included 
CHAPTER 7002

MINNESOTA POLLUTION CONTROL AGENCY

PERMIT FEES

AIR EMISSION PERMIT FEES

7002.0005 SCOPE.

7002.0015 DEFINITIONS.

7002.0025 ANNUAL EMISSION FEE RATES.

7002.0035 AIR QUALITY ANNUAL FEE

TARGET.

7002.0045 COMPUTATION OF THE DOLLAR

PER TON FIGURE.

7002.0065 PAYMENT OF FEES.

7002.0075 NOTIFICATION OF ERROR.

7002.0085 LATE PAYMENT FEE.

WATER QUALITY PERMIT FEES

7002.0210 SCOPE.

7002.0220 DEFINITIONS.

7002.0230 FEE DETERMINATION.

7002.0240 PAYMENT OF FEES.

7002.0250 APPLICATION FEE.

7002.0270 ANNUAL FEE.

7002.0280 NOTIFICATION OF ERROR.

7002.0290 LATE PAYMENT FEE.

7002.0300 WATER QUALITY PERMIT FEE

SCHEDULE.

7002.0305 TABLE, WATER QUALITY PERMIT

FEES PAID BY HOLDERS OF

UNEXPIRED PERMITS.

7002.0310 TABLE, WATER QUALITY PERMIT

FEES.

AIR EMISSION PERMIT FEES

7002.0005 SCOPE.

Parts 7002.0005 to 7002.0085 apply to all persons required to obtain an air emission

permit from the Minnesota Pollution Control Agency under chapter 7007.

Statutory Authority: MS s 14.386; 14.388; 116.07

History: 17 SR 440; 18 SR 1059; 28 SR 316

7002.0015 DEFINITIONS.

Subpart 1. Scope. For the purposes of parts 7002.0005 to 7002.0085, the terms defined

in this part have the meanings given them. The definitions in the state air pollution control

rules as defined in part 7005.0100 apply unless the terms are defined in this part.

Subp. 2. [Repealed, 21 SR 165]

Subp. 2a. Chargeable pollutant. "Chargeable pollutant" means the following:

A. nitrogen oxides (NOx) or any volatile organic compound; and

B. PM-10, sulfur dioxide, lead, and any other pollutant for which a national ambient

air quality standard has been promulgated, except carbon monoxide.

Subp. 2b. Dollar per ton figure or $X. "Dollar per ton figure" or "$X" means the dollar

amount assessed for each ton of chargeable pollutant determined under part 7002.0045.
Subp. 3. Emission inventory. "Emission inventory" means the inventory of actual

emissions required under part 7019.3000.

Subp. 3a. Emission reporting facility. "Emission reporting facility" means any facility

for which the owner or operator of the facility must obtain an air emission permit under chapter

7007 except any facility permitted under part 7007.1120, registration permit option B.

Subp. 4. [Repealed, 21 SR 165]

Statutory Authority: MS s 116.07

History: 17 SR 440; 18 SR 1059; 21 SR 165

7002.0025 ANNUAL EMISSION FEE RATES.

Subpart 1. Calculation of fee.

A. Owners or operators of emission reporting facilities shall be assessed an annual

emission fee for each ton of a chargeable pollutant emitted to the air by the facility. Emission

reporting facilities shall be assessed a fee of $X for each ton of any chargeable pollutant as

established in the most recently available emission inventory.

B. Notwithstanding item A, the owner or operator of any emission reporting facility

or any facility issued an option B registration permit under part 7007.1120 that chooses to be

assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), with less than one ton of

total actual emissions shall be assessed an annual fee of $25.

C. As described in subitems (1) and (2), the owner or operator of a facility issued

an option B registration permit under part 7007.1120 shall be assessed an annual emission

fee based on either the reported quantity of VOC-containing materials purchased or used

(whichever was stated in the facility's permit application) or the actual emissions from the

use of VOC-containing materials.

(1) If the owner or operator chooses to be assessed the fee based on the

actual emissions from the use of VOC-containing materials, the facility's actual emissions

shall be determined in accordance with parts 7019.3000 to 7019.3090. The assessed fee shall

be determined in accordance with item A.

(2) If the owner or operator chooses to be assessed the fee based on the

quantity of VOC-containing materials purchased or used (whichever was stated in the facility's

permit application), the fee shall be:

(a) $50 if the quantity of VOC-containing materials is less than or

equal to 1,000 gallons; or

(b) $140 if the quantity of VOC-containing materials is more than

1,000 and less than 2,000 gallons.

Subp. 2. [Repealed, 21 SR 165]

Subp. 2a. Newly permitted facilities.

A. Newly permitted emission reporting facilities that have not submitted one or

more emission inventories under part 7019.3000, subpart 1, shall be assessed a fee of $X times
the estimated actual emissions as stated in the facility's permit application. The fee assessed

under this item shall not exceed $10,000. The most recently determined $X shall be used in

determining the fee.

B. Newly permitted facilities issued an option B registration permit under part

7007.1120 shall be assessed a fee under subpart 1, item C, subitem (2), based on the estimated

normal annual quantity of VOC-containing materials to be purchased or used (whichever was

stated in the facility's permit application).

C. A bill for the newly permitted facility fee under item A or B shall be sent upon

issuance of the permit. Newly permitted facilities that are issued permits in 1995 shall be

assessed a fee according to the method described in this subpart.

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 fee for that facility that is $X times 1-1/2 times the most recent actual

emissions 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.

Statutory Authority: MS s 116.07

History: 17 SR 440; 18 SR 614; 21 SR 165; 32 SR 904
CHAPTER 7005

MINNESOTA POLLUTION CONTROL AGENCY

DEFINITIONS AND ABBREVIATIONS

7005.0100 DEFINITIONS.

7005.0110 ABBREVIATIONS.

7005.0010 [Renumbered 7009.0010]

7005.0020 [Renumbered 7009.0020]

7005.0030 [Renumbered 7009.0030]

7005.0040 [Renumbered 7009.0040]

7005.0050 [Renumbered 7009.0050]

7005.0060 [Renumbered 7009.0060]

7005.0070 [Renumbered 7009.0070]

7005.0080 [Renumbered 7009.0080]

7005.0100 DEFINITIONS.

Subpart 1. Scope. As used in the state air pollution control rules, the following terms

have the meanings given them except as expressly provided in a specific rule.

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,

1
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.

Subp. 2. Agency. "Agency" means the Minnesota Pollution Control Agency as

constituted under Minnesota Statutes, section 116.02, subdivision 1.

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.

Subp. 3. Alternative method. "Alternative method" means a method of sampling and

analyzing for an air pollutant which is not a Reference or Equivalent method but which has

been demonstrated to the commissioner's satisfaction to, in specific cases, produce results

adequate for its determination of compliance.

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.

Subp. 4. Breakdown. "Breakdown" means a sudden and unavoidable failure of air

pollution control equipment or process equipment to operate as designed.

Subp. 4a. [Repealed, 23 SR 2224]

Subp. 4b. Commissioner. "Commissioner" means the commissioner of the Pollution

Control Agency.

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.

Subp. 4e. Concrete manufacturing plant. "Concrete manufacturing plant" means a

facility that manufactures concrete, both hardened and unhardened, for sale.

Subp. 4f. Conditionally exempt stationary source. "Conditionally exempt stationary

source" means a stationary source listed in 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.

Subp. 4g. Conditionally insignificant activity. "Conditionally insignificant activity"

means any emissions unit, emissions units, or activity listed in part 7008.4100 that complies

with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7.

Subp. 5. Construction. "Construction" means fabrication, erection, or installation of an

emission facility, emissions unit, or stationary source. Construction also includes excavation,

blasting, removing rock and soil, and/or backfilling unless the administrator deems these

activities to be of minimal cost, do not significantly alter the site, and are not permanent in

nature. Construction does not include site clearing or grading.

Subp. 6. Continuous monitoring system. "Continuous monitoring system" means the

total equipment used to continuously sample and condition (if applicable), to analyze, and to

provide a permanent record of emissions or process parameters.

Subp. 7. [Repealed by amendment, 8 SR 2275]

Subp. 8. Control equipment. "Control equipment" means an "air contaminant treatment

facility" or a "treatment facility" as those terms are defined in Minnesota Statutes, section

116.06, subdivision 3.

Subp. 8a. Criteria pollutant. "Criteria pollutant" means any of the following: sulfur

dioxide, particulate matter, nitrogen oxides, carbon monoxide, ozone, lead, and any other

pollutants for which national ambient air quality standards have been established in Code of

Federal Regulations, title 40, part 50, as amended, or for which state ambient air quality

standards have been established in parts 7009.0010 to 7009.0080.

Subp. 9. [Repealed by amendment, L 1987 c 186 s 15; 13 SR 2153]

Subp. 9a. Division manager. "Division manager" means the division manager of the Air

Quality Division of the Minnesota Pollution Control Agency.

Subp. 9b. Efficiency factor. "Efficiency factor" means:

A. the control efficiency listed in part 7011.0070, subpart 1a, table A;

B. notwithstanding item A, where no control efficiency is listed for a control

equipment type in part 7011.0070, subpart 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:

(1) EPA publications including, but not limited to, Locating and Estimating

documents, Control Technology Center documents, the preamble and background information
documents for New Source Performance Standards or National Emission Standards for

Hazardous Air Pollutants and Compilation of Air Pollutant Emission Factors (AP-42), United

States Environmental Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina 27711, July 1993, which is incorporated by reference

and is available through the State Law Library. This publication is subject to frequent change;

(2) EPA databases and computer programs;

(3) engineering publications;

(4) performance test data from the same or a similar unit at the same or

a similar facility; or

(5) manufacturer's performance tests.

C. The commissioner shall develop or approve an efficiency factor under item B

using best engineering judgment and based on one or more of the following considerations:

(1) the precision and accuracy of the data;

(2) the similarity between the control equipment and emission units tested

and the control equipment and emission units to which the efficiency factor is to be applied;

(3) the number of units tested in developing the efficiency factor under

consideration;

(4) the availability of data of equal or greater quality;

(5) the control equipment and emission unit operating conditions under

which the tests were conducted; and

(6) the data analysis procedures.

Subp. 10. Emission facility. "Emission facility" means any structure, work, equipment,

machinery, device, apparatus, or other means whereby an emission is caused to occur.

Subp. 10a. [Repealed, 13 SR 2153]

Subp. 10a. Emission factor. "Emission factor" means the most accurate and

representative emission data available from one of the following sources:

A. The emission factor listed in the Compilation of Air Pollutant Emission Factors

(AP-42), 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

at the EPA Internet site www.epa.gov/ttn/chief/ap42/index.html. 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).

B. The emission factor listed in Factor Information Retrieval (FIRE) Data System,

Version 6.25, United States Environmental Protection Agency, Technical Support Division,

Office of Air Quality Planning and Standards, as amended, which is incorporated by reference

and is available at the EPA Internet site www.epa.gov/ttnchie1/software/fire/index.html.

Where more than one emission factor is listed, 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). It is subject to frequent change.
C. (1) An emission factor developed or approved by the commissioner and derived

from the following sources:

(a) other EPA publications including, but not limited to, Locating and

Estimating documents, Control Technology Center documents, the preamble and background

information documents for New Source Performance Standards or National Emission

Standards for Hazardous Air Pollutants;

(b) EPA databases and computer programs;

(c) engineering publications;

(d) performance test data from the same or a similar emission unit at the

same or a similar facility;

(e) manufacturer's performance tests; or

(f) emission data developed by the regulated party using the best

engineering judgment criteria listed in subitem (2).

(2) The commissioner shall develop or approve an emission factor using best

engineering judgment and based on one or more of the following considerations:

(a) the precision and accuracy of the data;

(b) the design and operational similarity between the emission units

tested and the emission units to which the emission factor is to be applied;

(c) the number of emission units tested in developing the emission

factor under consideration;

(d) the availability of emission data of equal or greater quality;

(e) the emission unit operating conditions under which the tests were

conducted; and

(f) the data analysis procedures.

Subp. 10b. Emissions unit. "Emissions unit" means each activity that emits or has the

potential to emit any air contaminant or pollutant. This includes each piece of equipment,

machinery, device, apparatus, activity, or any other means whereby an emission is caused to

occur or has the potential to occur.

Subp. 10c. [Repealed, 21 SR 165]

Subp. 10d. [Repealed, 20 SR 2316; 21 SR 165]

Subp. 11. Equivalent method. "Equivalent method" means a method of sampling and

analyzing for an air pollutant which has been demonstrated to the commissioner's satisfaction

to have under specified conditions a consistent and quantitatively known relationship to the

reference methods in Code of Federal Regulations, title 40, part 60, appendix A, as amended;

part 61, appendix B, as amended; and part 51, appendix M, as amended.

Subp. 11a. Existing facility. "Existing facility" means an emission facility at which

construction, modification, or reconstruction was commenced before the effective date of the

applicable New Source Performance Standard or the applicable state air pollution control rule.

Subp. 11b. Federally enforceable. "Federally enforceable" means enforceable by the

administrator of the United States Environmental Protection Agency. Federally enforceable

limitations, conditions, and requirements include requirements in or developed pursuant to
Code of Federal Regulations, title 40, parts 60 and 61, requirements within any applicable

state implementation plan, and any permit requirements established according to Code of

Federal Regulations, title 40, section 51.166 or 52.21, or Code of Federal Regulations, title

40, part 51, subpart I.

Subp. 11c. Fugitive emissions. "Fugitive emissions" means pollutant discharges that

could not reasonably pass through a stack, chimney, or other functionally equivalent opening.

Subp. 12. [Repealed by amendment, 8 SR 2275]

Subp. 13. [Repealed by amendment, 8 SR 2275]

Subp. 14. [Repealed by amendment, 8 SR 2275]

Subp. 15. [Repealed by amendment, 8 SR 2275]

Subp. 16. [Repealed by amendment, 8 SR 2275]

Subp. 17. [Repealed by amendment, 8 SR 2275]

Subp. 18. [Repealed by amendment, 8 SR 2275]

Subp. 19. [Repealed by amendment, 8 SR 2275]

Subp. 20. [Repealed by amendment, 8 SR 2275]

Subp. 21. [Repealed by amendment, 8 SR 2275]

Subp. 22. [Repealed by amendment, 8 SR 2275]

Subp. 23. [Repealed by amendment, 8 SR 2275]

Subp. 24. Minneapolis-Saint Paul Air Quality Control Region. "Minneapolis-Saint

Paul Air Quality Control Region" means the area encompassed by the boundaries of the

following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. See

Code of Federal Regulations, title 40, part 81.27 (1982).

Subp. 24a. Modification. "Modification" has the meaning given it in part 7007.0100,

subpart 14.

Subp. 25. Monitoring device. "Monitoring device" means the total equipment used to

measure and record (if applicable) process or control equipment parameters.

Subp. 25b. New facility. "New facility" means an emission facility on which

construction, modification, or reconstruction was commenced after the effective date of the

applicable New Source Performance Standard or the applicable state air pollution control rule.
Subp. 26. New source performance standard. "New source performance standard"

means a standard of performance promulgated by the administrator of the United States

Environmental Protection Agency under the Clean Air Act, United States Code, title 42,

section 7411, as amended.

Subp. 27. Nitrogen oxides. "Nitrogen oxides" means all oxides of nitrogen except

nitrous oxide.

Subp. 28. One-hour period. "One-hour period" means any 60-minute period

commencing on the hour.

Subp. 29. Opacity. "Opacity" means the degree to which emissions reduce the

transmission of light and obscure the view of an object in the background.

Subp. 30. Owner or operator. "Owner or operator" means a person who owns, leases,

operates, controls, or supervises an emissions unit, emission facility, or stationary source.

Subp. 30a. PM-2.5. "PM-2.5" means finely divided solid or liquid material, with an

aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an

applicable reference method, or an equivalent or alternative method.

Subp. 30b. PM-10. "PM-10" means finely divided solid or liquid material, with an

aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an

applicable reference method, or an equivalent or alternative method.

Subp. 31. Particulate matter. "Particulate matter" means material, except water, which

exists at standard conditions in a finely divided form as a liquid or solid as measured by an

applicable reference method, or an equivalent or alternative method.

Subp. 31a. Performance specification. "Performance specification" means the

specifications for continuous monitoring systems in Code of Federal Regulations, title 40,

part 60, appendix B (1982).

Subp. 32. [Repealed by amendment, 8 SR 2275]

Subp. 33. [Repealed by amendment, 8 SR 2275]

Subp. 34. [Repealed by amendment, 8 SR 2275]

Subp. 35. Person. "Person" means person as defined in Minnesota Statutes, section

116.06, subdivision 17.

Subp. 35a. Potential emissions, potential to emit. "Potential emissions" or "potential

to emit" means the maximum capacity while operating at the maximum hours of operation

of an emissions unit, emission facility, or stationary source to emit a pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of the

stationary source to emit a pollutant, including air pollution control equipment and restriction

on hours of operation or on the type or amount of material combusted, stored, or processed,

must be treated as part of its design if the limitation or the effect it would have on emissions is

federally enforceable.

Secondary emissions must not be counted in determining the potential to emit of an

emissions unit, emission facility, or stationary source. Fugitive emissions shall be counted
when determining potential to emit unless an applicable state rule or federal regulation states

otherwise.

Subp. 35b. Reconstruction. "Reconstruction" means replacement of depreciable

components of an existing emissions unit to which a New Source Performance Standard or

state air pollution control rule is applicable, to the extent that the fixed capital cost of the

depreciable components exceeds 50 percent of the fixed capital cost of depreciable components

that would be required to construct a comparable entirely new emissions unit.

Subp. 35c. Reference method; method. "Reference method" or "method" means the

procedures for performance tests in Code of Federal Regulations, title 40, part 60, appendix A,

as amended; part 61, appendix B, as amended; and part 51, appendix M, as amended.

Subp. 35d. Run. "Run" means the net period of time during which an emission sample is

collected.

Subp. 36. [Repealed by amendment, 8 SR 2275]

Subp. 36a. Secondary emissions. "Secondary emissions" means emissions that would

occur as a result of the construction or operation of a major stationary source or major

modification, but do not come from the major stationary source or major modification itself.

Secondary emissions include emissions from any offsite support facility which would not be

constructed or increase its emissions except as a result of the construction or operation of

the major stationary source or major modification. Secondary emissions do not include any

emissions that come directly from a mobile source, such as emissions from the tailpipe of a

motor vehicle, from a train, or from a vessel in transit.

In calculating the net increase in emissions from a particular physical change or change in

the method of operation, secondary emissions must not be included unless they are specific,

well defined, quantifiable, and impact the same general area as the stationary source or

modification that causes the secondary emissions.

Subp. 37. Shutdown. "Shutdown" means the cessation of operation of an emissions unit,

emission facility, stationary source, or control equipment for any purpose.

Subp. 38. [Repealed by amendment, 8 SR 2275]

Subp. 39. Smoke. "Smoke" means small gas-borne particles resulting from incomplete

combustion, consisting predominantly, but not exclusively of carbon and other combustible

material, or ash, that form a visible plume in the air.

Subp. 40. [Repealed by amendment, 8 SR 2275]

Subp. 41. Standard conditions. "Standard conditions" means a temperature of 20

degrees Celsius (68 degrees Fahrenheit) and a pressure of 760 mm of Hg (29.92 in. of Hg).

Subp. 42. Standard of performance. "Standard of performance" means a restriction on

the amount of air pollutants which may be emitted by an emission facility.

Subp. 42a. Start-up. "Start-up" means the setting into operation of an emissions unit,

emission facility, stationary source, or control equipment for any purpose.
Subp. 42b. State air pollution control rules. "State air pollution control rules" means

chapters 7005, 7007, 7009, 7011, 7017, 7019, 7025, 7027, and 7030, and parts 7023.0100

to 7023.0120.

Subp. 42c. Stationary source. "Stationary source" means an assemblage of all emissions

units and emission facilities that belong to the same industrial grouping, are located at one

or more contiguous or adjacent properties and are under the control of the same person (or

persons under common control). Emissions units or emission facilities must be considered as

part of the same industrial grouping if they belong to the same "major group" (that is, which

have the same two-digit code) as described in the Standard Industrial Classification Manual,

1972, as amended by the 1977 Supplement (United States Government Printing Office Stock

Numbers 4101 to 0066 and 003-005-00176-0, respectively).

Subp. 43. [Repealed by amendment, 8 SR 2275]

Subp. 44. [Repealed, 13 SR 2153]

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. 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. 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);

M. 1,1,1,2-tetrafluoroethane (HFC-134a);

N. 1,1-dichloro-1-fluoroethane (HCFC-141b);

O. 1-chloro-1,1-difluoroethane (HCFC-142b);

P. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

Q. pentafluoroethane (HFC-125);

R. 1,1,2,2-tetrafluoroethane (HFC-134);

S. 1,1,1-trifluoroethane (HFC-143a);

T. 1,1-difluoroethane (HFC-152a);

U. parachlorobenzotrifluoride (PCBTF);

V. cyclic, branched, or linear completely methylated siloxanes;

W. acetone;
X. perchloroethylene (tetrachloroethylene);

Y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

Z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

AA. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

BB. perfluorocarbon compounds which fall into these classes:

(1) cyclic, branched, or linear completely fluorinated alkanes;

(2) cyclic, branched, or linear completely fluorinated ethers with no

unsaturations;

(3) cyclic, branched, or linear completely fluorinated tertiary amines with

no unsaturations; and

(4) sulfur-containing perfluorocarbons with no unsaturations and with sulfur

bonds only to carbon and fluorine;

CC. difluoromethane (HFC-32);

DD. ethylfluoride (HFC-161);

EE. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

FF. 1,1,2,2,3-pentafluoropentane (HFC-245ca);

GG. 1,1,2,3,3-pentafluoropropane (HFC-245ea);

HH. 1,1,1,3,4-pentafluoropentane (HFC-245eb);

II. 1,1,1,3,3-pentafluoropentane (HFC-245fa);

JJ. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

KK. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

LL. chlorofluoromethane (HCFC-31);

MM. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

NN. 1 chloro-1-fluoroethane (HCFC-151a);

OO. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane;

PP. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane;

QQ. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane;

RR. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane;

SS. methyl acetate;

TT. any other compound listed in table 1, as amended, of the United States

Environmental Protection Agency's Recommended Policy on Control of Volatile Organic

Compounds, Federal Register, volume 42, page 35314, July 8, 1977; or

UU. any other compound determined by the United States Environmental Protection

Agency to be negligibly photochemically reactive, upon publication of the determination in

the Federal Register.

Statutory Authority: MS s 116.07
History: 8 SR 2275; L 1987 c 186 s 15; 13 SR 2153; 13 SR 2154; 17 SR 440; 18 SR 580;

18 SR 1059; 18 SR 1412; 20 SR 2316; 20 SR 2254(NO. 42); 21 SR 165; 22 SR 1237; 23 SR

2224; 27 SR 1579; 28 SR 1482; 32 SR 904

7005.0110 ABBREVIATIONS.

As used in the state air pollution control rules, the following abbreviations have the

meanings given them:

A. A.S.T.M., American Society for Testing and Materials;

B. Btu, British thermal unit;

C. °C, degree Celsius (centigrade);

D. cal, calorie;

E. cfm, cubic feet per minute;

F. CO, carbon monoxide;

G. CO2, carbon dioxide;

H. dscm, dry cubic meter at standard conditions;

I. dscf, dry cubic feet at standard conditions;

J. °F, degree Fahrenheit;

K. g, gram;

L. gr, grain;

M. Hg, mercury;

N. H2S, hydrogen sulfide;

O. H2SO4, sulfuric acid;

P. J, joule;

Q. kg, kilogram;

R. l, liter;

S. m, meter;

T. mg, milligram;

U. ml, milliliter;

V. mm, millimeter;

W. N2, nitrogen;

X. NO2, nitrogen dioxide;

Y. NOx, nitrogen oxides;

Z. O2, oxygen;

AA. ppb, parts per billion;

BB. ppm, parts per million;

CC. psia, pounds per square inch absolute;

DD. scf, cubic feet at standard conditions;

EE. SO2, sulfur dioxide;
FF. μg, microgram (10

-6

gram);

GG. VOC, volatile organic compound;

HH. EPA, United States Environmental Protection Agency.

Statutory Authority: MS s 116.07

History: 8 SR 2275; 18 SR 1412
CHAPTER 7007

MINNESOTA POLLUTION CONTROL AGENCY

PERMITS AND OFFSETS

AIR EMISSION PERMITS

7007.0050 SCOPE.

7007.0100 DEFINITIONS.

7007.0150 PERMIT REQUIRED.

7007.0200 SOURCES REQUIRED OR ALLOWED

TO OBTAIN A PART 70 PERMIT.

7007.0250 SOURCES REQUIRED TO OBTAIN A

STATE PERMIT.

7007.0300 SOURCES NOT REQUIRED TO

OBTAIN A PERMIT.

7007.0350 EXISTING SOURCE APPLICATION

DEADLINES AND SOURCE

OPERATION DURING TRANSITION.

7007.0400 PERMIT REISSUANCE

APPLICATIONS AFTER

TRANSITION; NEW SOURCE

AND PERMIT AMENDMENT

APPLICATIONS; APPLICATIONS

FOR SOURCES NEWLY SUBJECT

TO A PART 70 OR STATE PERMIT

REQUIREMENT.

7007.0450 PERMIT REISSUANCE

APPLICATIONS AND

CONTINUATION OF EXPIRING

PERMITS.

7007.0500 CONTENT OF PERMIT

APPLICATION.

7007.0501 ADDITIONAL CONTENTS

REQUIRED IN A PERMIT

APPLICATION FOR A WASTE

COMBUSTOR.

7007.0550 CONFIDENTIAL INFORMATION.

7007.0600 COMPLETE APPLICATION AND

SUPPLEMENTAL INFORMATION

REQUIREMENTS.

7007.0650 WHO RECEIVES AN APPLICATION.

7007.0700 COMPLETENESS REVIEW.

7007.0750 APPLICATION PRIORITY AND

ISSUANCE TIMELINES.

7007.0800 PERMIT CONTENT.

7007.0801 CONDITIONS FOR AIR

EMISSION PERMITS FOR WASTE

COMBUSTORS.

7007.0850 PERMIT APPLICATION NOTICE AND

COMMENT.

7007.0900 REVIEW OF PART 70 PERMITS BY

AFFECTED STATES.

7007.0950 EPA REVIEW AND OBJECTION.

7007.1000 PERMIT ISSUANCE AND DENIAL.

7007.1050 DURATION OF PERMITS.

7007.1075 PERMIT REQUIREMENTS FOR

AFFECTED SOURCES.

7007.1100 GENERAL PERMITS.

7007.1102 INCORPORATIONS BY REFERENCE.

7007.1105 ELIGIBILITY FOR

ENVIRONMENTAL MANAGEMENT

SYSTEM (EMS) PROVISIONS IN

STATE PERMITS.

7007.1107 APPLICATION AND PERMIT

CONTENT RELATED TO INCLUSION

OF EMS PROVISIONS IN STATE

PERMITS.

7007.1110 REGISTRATION PERMIT GENERAL

REQUIREMENTS.

7007.1115 REGISTRATION PERMIT OPTION A.

7007.1120 REGISTRATION PERMIT OPTION B.

7007.1125 REGISTRATION PERMIT OPTION C.

7007.1130 REGISTRATION PERMIT OPTION D.

7007.1140 CAPPED PERMIT ELIGIBILITY

REQUIREMENTS.

7007.1141 CAPPED PERMIT EMISSION

THRESHOLDS.

7007.1142 CAPPED PERMIT ISSUANCE AND

CHANGE OF PERMIT STATUS.

7007.1143 CAPPED PERMIT GENERAL

REQUIREMENTS.

7007.1144 CAPPED PERMIT PUBLIC

PARTICIPATION.

7007.1145 CAPPED PERMIT APPLICATION.

1
7007.1146 CAPPED PERMIT COMPLIANCE

REQUIREMENTS.

7007.1147 CAPPED PERMIT CALCULATION OF

ACTUAL EMISSIONS.

7007.1148 AMBIENT AIR QUALITY

ASSESSMENT.

7007.1150 WHEN A PERMIT AMENDMENT IS

REQUIRED.

7007.1200 CALCULATING EMISSION

CHANGES FOR PERMIT

AMENDMENTS.

7007.1250 INSIGNIFICANT MODIFICATIONS.

7007.1300 INSIGNIFICANT ACTIVITIES LIST.

7007.1350 CHANGES WHICH CONTRAVENE

CERTAIN PERMIT TERMS.

7007.1400 ADMINISTRATIVE PERMIT

AMENDMENTS.

7007.1450 MINOR AND MODERATE PERMIT

AMENDMENTS.

7007.1500 MAJOR PERMIT AMENDMENTS.

7007.1600 PERMIT REOPENING AND

AMENDMENT BY AGENCY.

7007.1650 REOPENINGS FOR CAUSE BY EPA.

7007.1700 PERMIT REVOCATION BY AGENCY.

7007.1750 FEDERAL ENFORCEABILITY.

7007.1800 PERMIT SHIELD.

7007.1850 EMERGENCY PROVISION.

7007.3000 PREVENTION OF SIGNIFICANT

DETERIORATION OF AIR QUALITY.

7007.3010 CONSTRUCTION OR

RECONSTRUCTION OF A MAJOR

SOURCE OF HAZARDOUS AIR

POLLUTANTS UNDER SECTION

112(g)(2)(B) OF THE ACT.

EMISSION FACILITY OFFSETS

7007.4000 SCOPE.

7007.4010 DEFINITIONS.

7007.4020 CONDITIONS FOR PERMIT.

7007.4030 LIMITATION ON USE OF OFFSETS.

7007.5000 BEST AVAILABLE RETROFIT

TECHNOLOGY.

AIR EMISSION PERMITS

7007.0050 SCOPE.

Parts 7007.0100 to 7007.1850 apply to the issuance of permits to construct, modify,

reconstruct, or operate emissions units, emission facilities, or stationary sources that emit

any air pollutant, and to the revocation, reissuance, or amendment of those permits. Parts

7007.0100 to 7007.1850 apply to permits issued to stationary sources requiring permits under

federal law at Code of Federal Regulations, title 40, part 70, as amended (Operating Permit

Program), or under part C (Prevention of Significant Deterioration of Air Quality) or part D

(Plan Requirements in Nonattainment Areas) of the act, or under section 112(g)(2)(B) of the

act (hazardous air pollutants), and to stationary sources requiring permits solely under state

law. Sources proposing construction or modifications subject to parts C and D of the act

are subject to the permitting requirements of part 7007.3000, incorporating by reference the

provisions of Code of Federal Regulations, title 40, section 52.21, or parts 7007.4000 to

7007.4040 in addition to parts 7007.0100 to 7007.1850. Sources proposing construction or

reconstruction subject to section 112(g)(2)(B) of the act are subject to the requirements of part

7007.3010, incorporating by reference the provisions of Code of Federal Regulations, title 40,

sections 63.40 to 63.44, in addition to parts 7007.0100 to 7007.1850.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 22 SR 2300

2
7007.0100 DEFINITIONS.

Subpart 1. Scope. The definitions in this part apply to the terms used in parts 7007.0050

to 7007.1850. The definitions in parts 7000.0100 and 7005.0100 apply to the terms used in

parts 7007.0050 to 7007.1800 unless the terms are otherwise defined in this part.

Subp. 2. Act. "Act" means the Clean Air Act, as amended, United States Code, title 42,

section 7401, et seq., as amended.

Subp. 3. Administrator. "Administrator" means the administrator of the United States

Environmental Protection Agency (EPA) or the administrator's designee.

Subp. 4. Affected source. "Affected source" means a source that includes one or more

affected units.

Subp. 5. Affected state. "Affected state" means any state:

A. whose air quality may be affected and that is contiguous to Minnesota; or

B. that is within 50 miles of the permitted source.

Subp. 6. Affected unit. "Affected unit" means an emissions unit that is subject to any

acid rain emissions reduction requirement or acid rain emissions limitation under title IV of the

act (Acid Deposition Control) and rules promulgated thereunder.

Subp. 7. Applicable requirement. "Applicable requirement" means all the following as

they apply to emissions units in a stationary source (including requirements that have been

promulgated or approved by the EPA or the commissioner through rulemaking at the time of

issuance but have future effective compliance dates):

A. any standard, or other requirement provided for in Minnesota's implementation

plan approved or promulgated by the EPA under title I of the act (Program and Activities),

including any revisions to that plan promulgated in Code of Federal Regulations, title 40, part

52, as amended (Approval and Promulgation of Implementation Plans);

B. any preconstruction review requirement of regulations promulgated under title I

of the act, including part C (Prevention of Significant Deterioration of Air Quality), part

D (Plan Requirements for Nonattainment Areas), or section 112(g)(2)(B) (construction or

reconstruction of major source of hazardous air pollutants) and the emission facility offset rule

in parts 7007.4000 to 7007.4030, and any term or condition of any preconstruction permit

issued pursuant to those regulations or parts 7007.4000 to 7007.4030;

C. any standard or other requirement under section 111 (Standard of Performance

for New Stationary Sources of the Act, including section 111(d)) (Standards of Performance

for Existing Sources; Remaining Useful Life of a Source);

D. any standard or other requirement for hazardous air pollutants, or other

requirement under section 112 of the act (Hazardous Air Pollutants), including any requirement

concerning accident prevention under section 112(r)(7) of the act;

E. any standard or other requirement of the acid rain program under title IV of the

act, or the regulations promulgated under it;

F. any requirements established pursuant to section 504(b) (Permit Requirements

and Conditions; Monitoring and Analysis) or section 114(a)(3) (Record keeping, Inspections,

Monitoring, and Entry; Authority of Administrator or Authorized Representative) of the act;

3
G. any standard or other requirement governing solid waste incineration, under

section 129 (Solid Waste Combustion) of the act;

H. any standard or other requirement for consumer and commercial products,

under section 183(e) (Federal Ozone Measures; Control of Emissions from Certain Sources)

of the act;

I. any standard or other requirement for tank vessels under section 183(f) (Federal

Ozone Measures; Tank Vessel Standards) of the act;

J. any standard or other requirement of the regulations promulgated to protect

stratospheric ozone under title VI of the act (Stratospheric Ozone Protection), unless the

administrator has determined that such requirements need not be contained in a part 70 permit;

K. any national ambient air quality standard adopted under section 109 of the act

(National Primary and Secondary Air Quality Standards) or increment or visibility requirement

under part C of title I of the act (Prevention of Significant Deterioration of Air Quality), but

only as it would apply to temporary sources permitted pursuant to section 504(e) of the act

(Permit Requirements and Conditions; Temporary Sources);

L. any national ambient air quality standard adopted under section 109 of the act or

increment or visibility requirement under part C of title I of the act not addressed in item K;

M. any state ambient air quality standard under chapter 7009;

N. any requirement to pay an emissions fee under part 7002.0025;

O. any standard or other requirement of the air pollution episodes rule in parts

7009.1000 to 7009.1110;

P. any standard or other requirement pursuant to the Standards of Performance

for Stationary Sources under chapter 7011;

Q. any standard or other requirement regulating a specific hazardous pollutant

under chapter 7011;

R. any reporting, monitoring, and testing requirement for stationary sources under

chapter 7017;

S. any requirement under the emissions inventory provisions of chapter 7019;

T. any standard or other requirement of the acid deposition control rule under

chapter 7021;

U. any standard or other requirement related to noise pollution under chapter 7030;

V. any standard or other requirement established under section 169A (Visibility

Protection for Federal Class I Areas) or 169B (Visibility) of the act including emission limits

established in the determination of best available retrofit technology; and

W. any standard or other requirement of the federal Clean Air Interstate Rule or a

regulation adopted under it.

Subp. 7a. Block average. As used in air emission permits issued under this chapter, a

"block average" is an average determined after the end of a specific time block, such as three

hours, eight hours, or 24 hours, for that time block. The average is determined by summing all

data points for the time period, and dividing the sum by the number of data points. For example,

a daily-calculated, 24-hour block average is calculated by summing all one-hour data points

4
from the previous 24-hour period, from midnight to midnight, and dividing the total by the

number of data points. A new block average is recalculated for each discrete, nonoverlapping

time block, unless specified otherwise in an applicable requirement or compliance document.

Subp. 7b. Capped emission permit or capped permit. "Capped emission permit" or

"capped permit" means a state permit issued under parts 7007.1140 to 7007.1148. All capped

permit requirements are contained in rule. There are no site-specific permit requirements. The

capped permit allows a stationary source to make changes provided emissions remain below

thresholds and all other conditions in parts 7007.1140 to 7007.1148 are met. The permit is

designed for certain noncomplex facilities for which site-specific conditions are not necessary.

Subp. 8. Designated representative. "Designated representative" means a responsible

natural person authorized by the owners and operators of an affected source and of all affected

units at the source, as evidenced by a certificate of representation submitted in accordance with

Code of Federal Regulations, part 72, subpart B, as amended (Acid Rain Program Permits

Regulation), to represent and legally bind each owner and operator, as a matter of federal law,

in matters pertaining to the acid rain program under title IV of the act.

Subp. 8a. Deviation. "Deviation" means any noncompliance with an applicable

requirement or permit condition.

Subp. 9. Draft permit. "Draft permit" means the version of the permit which the agency

offers for public participation under part 7007.0850 and, in the case of a state permit, to the

administrator for review in compliance with part 7007.0950.

Subp. 9a. Emission point. "Emission point" means the stack, chimney, vent, or other

functionally equivalent opening whereby emissions are exhausted to the atmosphere.

5
Subp. 10. Environmental Protection Agency or EPA. "Environmental Protection

Agency" or "EPA" means the United States Environmental Protection Agency.

Subp. 11. Final permit. "Final permit" means the version of permit issued by the agency

pursuant to the procedures in parts 7007.0100 to 7007.1850.

Subp. 12. General permit. "General permit" means a permit issued pursuant to the

requirements of part 7007.1100.

Subp. 12a. Hazardous air pollutant or HAP. "Hazardous air pollutant" or "HAP"

means any air pollutant listed in section 112(b) of the act.

Subp. 12b. Listed control equipment. "Listed control equipment" has the meaning

given in part 7011.0060, subpart 4.

6
Subp. 13. Major source. "Major source" means a stationary source as defined in part

7007.0200, subpart 2.

Subp. 14. Modification. "Modification" means:

A. any change that constitutes a title I modification, as defined in subpart 26; or

B. any physical change or change in the method of operation of an emissions

unit, emission facility, or stationary source that results in an increase in the emission of a

regulated air pollutant. Emissions are considered to increase if there is an increase in the rate

of emissions of any regulated air pollutant, or new emissions of a regulated air pollutant not

previously emitted, from any unit at the source. To determine if there is an increase in the rate

of emissions, the agency shall compare the pounds per hour of emissions at maximum capacity

before and after the physical or operational change, using the method of calculation described

in part 7007.1200. Subitems (1) to (5) are not, by themselves, considered modifications under

this definition:

(1) a physical change or a change in the method of operation that is explicitly

allowed under a permit, or allowed under a court order, consent decree, stipulation agreement,

schedule of compliance, or order issued by the agency if the document states that no permit

amendment is required;

(2) routine maintenance, repair, and replacement;

(3) an increase in production rate of an existing emissions unit if that increase

is not in violation of a permit condition, applicable requirement, court order, consent decree,

stipulation agreement, schedule of compliance, or order issued by the agency;

(4) an increase in the hours of operation that does not increase the rate of

emissions and is not in violation of a permit condition, applicable requirement, court order,

consent decree, stipulation agreement, schedule of compliance, or order issued by the agency;

and

(5) use of an alternative fuel if the source is ordered to switch fuels by the

state or federal government.

Subp. 15. Part 70 permit. "Part 70 permit" means a permit issued under part 7007.0200

and Code of Federal Regulations, title 40, part 70, as amended (Operating Permit Program).

Subp. 16. Part 70 permit program. "Part 70 permit program" means a program

for issuance, amendment, and reissuance of part 70 permits in Minnesota approved by the

administrator.

Subp. 17. Permit. "Permit" means any permit issued under parts 7007.0100 to

7007.1850, including part 70 permits, state permits, registration permits, and general permits.

Subp. 18. Proposed permit. "Proposed permit" means the version of a part 70 permit

that the agency proposes to issue and forwards to the administrator for review in compliance

with part 7007.0950.

Subp. 18a. Registration permit. "Registration permit" means a permit issued under

parts 7007.1110 to 7007.1130.

Subp. 19. Regulated air pollutant. "Regulated air pollutant" means the following:

A. nitrogen oxides (NOx) or any volatile organic compound;

7
B. any pollutant for which a state or national ambient air quality standard has

been promulgated;

C. any pollutant that is subject to any new source performance standard promulgated

under section 111 of the act;

D. any class I or II substance listed pursuant to section 602 of the act (Stratospheric

Ozone Protection; Listing of class I and class II Substances); or

E. any pollutant subject to a standard promulgated under section 112 or other

requirements established under section 112 of the act (Hazardous Air Pollutants), including

sections 112(g)(2)(B) (construction or reconstruction of major source of hazardous air

pollutants), 112(j) (Equivalent Emission Limitation by Permit), and 112(r) (Prevention of

Accidental Releases), including the following:

(1) any pollutant subject to requirements under section 112(j) of the act. If

the administrator fails to promulgate a standard by the date established pursuant to section

112(e) of the act (Schedule for Standards and Review), any pollutant for which a subject source

would be major shall be considered to be regulated on the date 18 months after the applicable

date established pursuant to section 112(e) of the act; and

(2) any pollutant for which the requirements of section 112(g)(2)(B)

(construction or reconstruction of a major source of hazardous air pollutants) of the act have

been met, but only with respect to the individual source subject to the section 112(g)(2)(B)

requirement.

Subp. 20. Reissuance. "Reissuance" means the process by which a permit is reissued at

the end of its term.

Subp. 21. Responsible official. "Responsible official" means one of the following:

A. For a corporation: a president, secretary, treasurer, or vice-president of the

corporation in charge of a principal business function, or any other person who performs similar

policy or decision-making functions for the corporation, or a duly authorized representative

of such person if the representative is responsible for the overall operation of one or more

manufacturing, production, or operating facilities applying for or subject to a permit and either:

(1) the facilities employ more than 250 persons or have gross annual sales or

expenditures exceeding $25,000,000 (in second quarter 1980 dollars); or

(2) the delegation of authority to such representatives is approved in advance

by the agency.

B. For a partnership or sole proprietorship: a general partner or the proprietor,

respectively, or a duly authorized representative of such person if the representative is

responsible for the overall operation of one or more manufacturing, production, or operating

facilities applying for or subject to a permit and the delegation of authority to a representative

is approved in advance by the agency.

C. For a municipality, state, federal, or other public agency: either a principal

executive officer or ranking elected official or a duly authorized representative of such person

if the representative is responsible for the overall operation of one or more facilities applying

for or subject to a permit and the delegation of authority to a representative is approved in

advance by the agency. For the purposes of this part, a principal executive officer of a federal

8
agency includes the chief executive officer having responsibility for the overall operations of a

principal geographic unit of the agency (for example, a regional administrator of EPA).

D. For affected sources:

(1) The designated representative is the responsible official insofar as actions,

standards, requirements, or prohibitions under title IV of the act or the regulations promulgated

under it are concerned.

(2) The designated representative may also be the responsible official for any

other purposes under parts 7007.0100 to 7007.1850.

Subp. 21a. Rolling average. As used in air emission permits issued under this chapter, a

"rolling average" is an average determined once each specified time frequency, such as daily or

monthly, for a specific time period, such as 30 days, 12 months, or 365 days. The average is

calculated by summing all data points for the time period and dividing the total by the number

of data points. For example, a daily-calculated, 365-day rolling average is calculated once

each day by summing all daily data points from the previous 365 days, and dividing by the

number of data points. A new rolling average is recalculated for each time frequency, unless

specified otherwise in an applicable requirement or compliance document.

Subp. 21b. Rolling sum. As used in this chapter and in air emission permits issued under

this chapter, a "rolling sum" is a sum determined once each specified time frequency, such

as daily or monthly, for a specific time period, such as 30 days, 12 months, or 365 days.

The sum is determined by adding all time-frequency data points determined at the specified

frequency for the time period. For example, a 12-month rolling sum is calculated once each

month by summing the monthly emission data from the previous 12 months. A new rolling

sum is recalculated for each time frequency, unless specified differently in an applicable

requirement or compliance document.

Subp. 22. State. "State" means the state of Minnesota.

Subp. 23. State permit. "State permit" means a permit issued under part 7007.0250.

Subp. 24. Stationary source. "Stationary source" has the meaning given it in part

7005.0100, subpart 42c.

Subp. 25. Title I condition. "Title I condition" means one of the following types of

permit conditions based on requirements of title I of the act:

A. any condition based on a requirement of a new source review program under

part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements

for Nonattainment Areas) or a preconstruction review program under section 112(g)(2)(B)

(construction or reconstruction of a major source of hazardous air pollutants) of the act and

implementing state rules or federal regulations;

9
B. any condition based on a source-specific determination of ambient impacts

imposed for the purpose of achieving or maintaining attainment with a national ambient air

quality standard and which was part of a state implementation plan approved by the EPA or

submitted to the EPA and pending approval under section 110 of the act;

C. any condition for which there is no corresponding underlying applicable

requirement and that the stationary source has assumed to avoid being subject to a new source

review program under part C (Prevention of Significant Deterioration of Air Quality) or part

D (Plan Requirements for Nonattainment Areas) or a preconstruction review program under

section 112(g)(2)(B) of the act or implementing state rules or federal regulations; and

D. any condition which is part of a plan approved by the EPA or submitted to the

EPA and pending approval under section 111(d) (Standards of Performance for New Stationary

Sources) or section 129 (Solid Waste Combustion) of the act.

Subp. 26. Title I modification. "Title I modification" means any change that constitutes

any of the following:

A. Construction or reconstruction of a major hazardous air pollutant source as

defined in Code of Federal Regulations, title 40, section 63.41, as amended, or any other rules

adopted by the administrator under section 112(g)(2)(B) of the act.

B. A new source review modification: major modification as defined in Code of

Federal Regulations, title 40, section 52.21(b)(2) or 51.165(a)(1)(v), as amended, or any other

rules adopted by the administrator under part C or D of the act.

C. A new source review major stationary source: a modification at a stationary

source that is not an existing major stationary source where the modification by itself would

exceed major stationary source thresholds as defined in Code of Federal Regulations, title

40, section 52.21(b)(1)(i).

D. A new source performance standards modification: any modification as defined

in Code of Federal Regulations, title 40, section 60.14, as amended, or any other rules adopted

by the administrator under section 111 of the act.

E. A hazardous air pollutant modification: any modification as defined in Code of

Federal Regulations, title 40, section 61.15, as amended, or any other rules adopted by the

administrator under section 112 of the act.

F. Plantwide applicability limit (PAL) establishment, renewal, or increase:

establishment, renewal, or increase in emissions of an actual PAL as defined in Code of Federal

Regulations, title 40, section 51.165, paragraph (f), or 52.21, paragraph (aa), as amended, or in

any other rules adopted by the administrator under part C or D of the act.

G. Any other change that constitutes a modification under any provision of title I

of the act.

Subp. 27. Transition period or transition. "Transition period" or "transition" means the

time period from October 18, 1993, until three years after EPA grants full program approval as

determined in Code of Federal Regulations, title 40, section 70.4(e).

Subp. 28. [Repealed, 23 SR 2224]

Statutory Authority: MS s 116.07

10
History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 693; 22 SR 1237; 22 SR 2300; 23

SR 2224; 29 SR 626; 32 SR 904

7007.0150 PERMIT REQUIRED.

Subpart 1. Prohibition. No person may construct, modify, reconstruct, or operate

an emissions unit, emission facility, or stationary source except in compliance with an air

emission permit from the agency. Exceptions to the requirement to obtain a permit are located

in part 7007.0300. Exceptions to the requirement to obtain a permit amendment are located in

parts 7007.1250 and 7007.1350. A person violates this subpart when the person begins actual

construction on a new source, reconstruction, or modification prior to obtaining the permit

or amendment, except as allowed in parts 7007.0750, subpart 7, 7007.1450, subpart 7, and

7007.1500, subpart 3a.

Subp. 2. Permit required. Part 7007.0200 describes which emission facilities,

emissions units, and stationary sources in Minnesota are required to obtain a part 70 permit.

Part 7007.0250 describes which emission facilities, emission units, and stationary sources in

Minnesota are required to obtain a state permit. Part 7007.0300 describes emission units and

stationary sources in Minnesota that are not required to obtain a permit. Part 70 and state

permits required in parts 7007.0200 and 7007.0250 may alternately be obtained in the form of

a general permit, if available, under part 7007.1100. Permits may also alternately be obtained

in the form of a registration permit under parts 7007.1110 to 7007.1130, if the stationary

source qualifies under those parts; or in the form of a capped permit under parts 7007.1140 to

7007.1148, if the stationary source qualifies under those parts.

Subp. 3. Environmental policy act. The requirements of parts 7007.0100 to 7007.1850

are in addition to the applicable requirements of Minnesota Statutes, chapter 116D, which may

apply before a permit can be issued.

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 (4).

(1) Emissions caused by activities described in subpart 2 of the insignificant

activities list in part 7007.1300 shall not be considered in the calculation of potential emissions.

(2) Emissions caused by activities described in subpart 3 of the insignificant

activities list in part 7007.1300 shall be considered in the calculation of potential emissions if

required by the agency under part 7007.0500, subpart 2, item C, subitem (2).

(3) Emissions caused by any conditionally insignificant activity must be

considered in the calculation of potential emissions if required by the agency under part

7007.0500, subpart 2, item C, subitem (2).

(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.

Calculations of emissions under this subpart are only intended to determine if a permit is

required.

11
B. To make the determination of whether a permit is required, the owner or operator

of a stationary source shall use the potential to emit calculation method described in item A.

To determine what type of permit is required, if a permit is required, the control equipment

efficiency determined by part 7011.0070 for listed control equipment at a stationary source

may be used in calculating emissions if the owner or operator is in compliance with parts

7011.0060 to 7011.0080.

C. When calculating emissions to determine if a permit amendment is required, the

calculation method stated in part 7007.1200 shall be used.

Subp. 5. Variances from federal requirements. The agency shall not issue variances

from any federal requirement to obtain an air quality permit, unless explicitly authorized to

do so in writing by the administrator. Nothing in parts 7007.0100 to 7007.1850 shall allow

a variance from federal applicable requirements as defined in part 7007.0100, subpart 7,

items A to K.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 27 SR 1579;

29 SR 626

7007.0200 SOURCES REQUIRED OR ALLOWED TO OBTAIN A PART 70 PERMIT.

Subpart 1. Part 70 permit required. The emission facilities, emission units, and

stationary sources described in subparts 2 to 5 must obtain a part 70 permit from the agency.

All provisions of parts 7007.0100 to 7007.1850 apply to part 70 permits unless the provision

states that it applies only to state permits, registration permits, capped permits, or general

permits. If the owner or operator of a stationary source is required to obtain a part 70 permit by

subpart 2, item B or C, the owner or operator shall also separately determine under subpart

2, item A, if the stationary source is a major source subject to major source requirements

under section 112 of the act.

Subp. 2. Major sources. Any "major source," which means any stationary source that is

described in item A, B, or C, must obtain a permit under this part.

A. A major source under section 112 of the act (Hazardous Air Pollutants), which is

defined as:

(1) For pollutants other than radionuclides, any stationary source that emits

or has the potential to emit, in the aggregate, ten tons per year or more of any hazardous

air pollutant which has been listed pursuant to section 112(b) of the act, 25 tons per year

or more of any combination of such hazardous air pollutants, or such lesser quantity as the

administrator may establish by rule.

(2) Notwithstanding subitem (1), emissions from any oil or gas exploration or

production well (with its associated equipment) and emissions from any pipeline compressor

or pump station shall not be aggregated with emissions from other similar units, whether or

not such units are in a contiguous area or under common control, to determine whether such

units or stations are major sources.

(3) For radionuclides, major source shall have the meaning specified by

the administrator by rule.

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B. A major stationary source of air pollutants, as defined in section 302 of the act

(General Provisions; Definitions), that directly emits or has the potential to emit, 100 tons

per year or more of any air pollutant (including any major source of fugitive emissions of

any such pollutant, as determined by rule by the administrator). The fugitive emissions of a

stationary source shall not be considered in determining whether it is a major stationary source

for the purposes of section 302(j) of the act, unless the stationary source belongs to one of the

following categories of stationary sources:

(1) coal cleaning plants (with thermal dryers);

(2) kraft pulp mills;

(3) Portland cement plants;

(4) primary zinc smelters;

(5) iron and steel mills;

(6) primary aluminum ore reduction plants;

(7) primary copper smelters;

(8) municipal incinerators capable of charging more than 250 tons of refuse

per day;

(9) hydrofluoric, sulfuric, or nitric acid plants;

(10) petroleum refineries;

(11) lime plants;

(12) phosphate rock processing plants;

(13) coke oven batteries;

(14) sulfur recovery plants;

(15) carbon black plants (furnace process);

(16) primary lead smelters;

(17) fuel conversion plants;

(18) sintering plants;

(19) secondary metal production plants;

(20) chemical process plants;

(21) fossil-fuel boilers (or combination thereof) totaling more than

250,000,000 British thermal units per hour heat input;

(22) petroleum storage and transfer units with a total storage capacity

exceeding 300,000 barrels;

(23) taconite ore processing plants;

(24) glass fiber processing plants;

(25) charcoal production plants;

(26) fossil-fuel-fired steam electric plants of more than 250,000,000 British

thermal units per hour heat input; or

(27) all other stationary source categories regulated by a standard

promulgated under section 111 or 112 of the act.

13
C. A major stationary source as defined in part D of title I of the act (Plan

Requirements for Nonattainment Areas) including:

(1) for ozone nonattainment areas, stationary sources with the potential to

emit 100 tons or more per year of volatile organic compounds or oxides of nitrogen in areas

classified as marginal or moderate, 50 tons or more per year in areas classified as serious, 25

tons or more per year in areas classified as severe, and ten tons or more per year in areas

classified as extreme; except that the references in this unit to 100, 50, 25, and ten tons per

year of nitrogen oxides shall not apply with respect to any stationary source for which the

administrator has made a finding, under section 182(f)(1) or (2) of the act, that requirements

under section 182(f) of the act do not apply;

(2) for ozone transport regions established pursuant to section 184 of the act,

stationary sources with the potential to emit 50 tons or more per year of volatile organic

compounds (VOC's);

(3) for carbon monoxide nonattainment areas that are classified as serious and

in which stationary sources contribute significantly to carbon monoxide levels as determined

under rules issued by the administrator, stationary sources with the potential to emit 50 tons

or more per year of carbon monoxide; and

(4) for particulate matter (PM-10) nonattainment areas classified as serious,

stationary sources with the potential to emit 70 tons or more per year of PM-10.

Subp. 3. Affected sources. An affected source, as defined in part 7007.0100, subpart 4,

must obtain a permit under this part.

Subp. 4. Solid waste incinerators, waste combustors. A solid waste incineration unit,

or waste combustor as defined in part 7011.1201, subpart 46, must obtain a permit under

this part if it is:

A. a major source under subpart 2;

B. required to obtain a permit under section 129(e) of the act (Solid Waste

Combustion, Permits); or

C. a new or existing waste combustor for which a performance standard has been

promulgated under section 129(a)(1) of the act.

Subp. 5. Other part 70 sources. Another stationary source which the administrator

requires by rule to obtain a permit in compliance with Code of Federal Regulations, title 40, part

70, as amended (Operating Permit Program) must obtain a permit under this part. Stationary

sources which the EPA administrator may require by rule to obtain a part 70 permit include

those described in Code of Federal Regulations, title 40, section 70.3(b)(1), as amended.

Subp. 6. Sources allowed to obtain a part 70 permit. A stationary source not already

required to obtain a part 70 permit under subparts 1 to 5 which is subject to a standard,

limitation, or other requirement under section 111 or 112 of the act, including area sources,

may choose to obtain a part 70 permit under subpart 2.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 28 SR 1482; 29 SR 626

14
7007.0250 SOURCES REQUIRED TO OBTAIN A STATE PERMIT.

Subpart 1. State permit required. The stationary sources described in this part must

obtain a state permit from the agency under this part. All provisions of parts 7007.0100 to

7007.1850 apply to state permits unless the provision states that it applies only to part 70

permits, general permits, capped permits, or registration permits.

Subp. 2. NSPS/NESHAP state permits. A stationary source must obtain a permit

under this part if:

A. the stationary source contains an affected facility, as that term is defined in

Code of Federal Regulations, title 40, section 60.2, as amended, that is subject to a standard

under Code of Federal Regulations, title 40, part 60, as amended (Standards of Performance

for New Stationary Sources); or

B. the stationary source is subject to a standard under Code of Federal Regulations,

title 40, part 61, as amended (National Emission Standards for Hazardous Air Pollutants).

Subp. 3. SIP required state permit. A stationary source must obtain a permit under

this part if the agency notifies the source that such a permit is needed as part of a state

implementation plan to be submitted to the EPA to demonstrate attainment with a national

ambient air quality standard.

Subp. 4. PTE threshold required state permit. A stationary source must obtain a

permit under this part if it has the potential to emit any pollutant listed below at a rate equal

to or greater than the following amounts, in tons per year:

Pollutant Threshold

Lead 0.5 tons per year

SO250.0 tons per year

PM-10 25.0 tons per year

VOCs 100.0 tons per year

Subp. 5. Part 70 permits. Part 7007.0250 does not apply to a stationary source that is

required to or chooses to obtain a part 70 permit under part 7007.0200. However, a stationary

source that would otherwise be required to obtain a part 70 permit under part 7007.0200 may

avoid that requirement by obtaining a state permit under this part which contains federally

enforceable conditions to limit its emissions to levels below those that would trigger the

requirement to obtain a part 70 permit.

Subp. 6. Waste combustors. A waste combustor, as defined in part 7011.1201, must

obtain a permit under this part unless it is:

A. a Class IV waste combustor located at a hospital; or

B. a waste combustor subject to the exemptions in part 7011.1215, subpart 3.

Notwithstanding the exemptions in items A and B, a Class IV waste combustor that

does not comply with the stack height requirements of part 7011.1235, subpart 1, but uses

alternative techniques to achieve equivalent ambient pollution concentrations, must obtain a

15
permit under this part. The permit obtained shall not be a registration permit under parts

7007.1110 to 7007.1130.

Subp. 7. Registration permits. A stationary source required to obtain a state permit

from the agency under this part, or which chooses to obtain a state permit to limit its emissions

to levels below those that would trigger the requirement to obtain a part 70 permit, may elect

to instead obtain a registration permit under parts 7007.1110 to 7007.1130, if the stationary

source qualifies under those parts.

Subp. 8. Capped permits. A stationary source required to obtain a state permit from

the agency under this part, or which chooses to obtain a state permit to limit its emissions to

levels below those that would trigger the requirement to obtain a part 70 permit, may elect to

instead obtain a capped permit under parts 7007.1140 to 7007.1148, if the stationary source

qualifies under those parts.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 29 SR 626

7007.0300 SOURCES NOT REQUIRED TO OBTAIN A PERMIT.

Subpart 1. No permit required. The following stationary sources are not required to

obtain a permit under parts 7007.0100 to 7007.1850:

A. any stationary source that is not described in part 7007.0200, subparts 2 to 5,

or 7007.0250;

B. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that

would be required to obtain a permit solely because it is subject to one or more of the following

new source performance standards:

(1) Code of Federal Regulations, title 40, part 60, subpart AAA, Standards of

Performance for New Residential Wood Heaters (incorporated by reference at part 7011.2950);

(2) Code of Federal Regulations, title 40, part 60, subpart JJJ, Standards of

Performance for Petroleum Dry Cleaners (incorporated by reference at part 7011.3250);

(3) Code of Federal Regulations, title 40, part 60, subpart Kb, Standards of

Performance for Volatile Organic Liquid Storage Vessels (including Petroleum Liquid Storage

Vessels) for Which Construction, Reconstruction or Modification Commenced after July 23,

1984 (incorporated by reference at part 7011.1520, item C), if all storage vessels subject to

this standard at the stationary source each have a capacity greater than or equal to 40 cubic

meters and less than 75 cubic meters;

(4) Code of Federal Regulations, title 40, part 60, subpart Dc, Standards

of Performance for Small Industrial-Commercial-Institutional Steam Generating Units

(incorporated by reference at part 7011.0570), if all steam generating units subject to this

standard at the stationary source are only capable of combusting natural gas or propane; and

(5) Code of Federal Regulations, title 40, part 60, subpart IIII, Standards of

Performance for Stationary Compression Ignition Internal Combustion Engines (incorporated

by reference at part 7011.3520), if all engines subject to this standard at the stationary source

each have a displacement less than 30 liters per cylinder and did not rely on performance

testing of the affected unit to demonstrate compliance with the standard;

16
C. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that would

be required to obtain a permit solely because it is subject to Code of Federal Regulations, title

40, part 61, subpart M, National Emission Standard for Hazardous Air Pollutants for Asbestos,

section 61.145, Standard for Demolition and Renovation, or 61.154, Standard for Active Waste

Disposal Sites (incorporated by reference at part 7011.9920);

D. any stationary source with only emissions units listed as insignificant activities

in part 7007.1300, subparts 2 and 3, and conditionally insignificant activities. The owner or

operator must maintain records that demonstrate that a permit is not required. These records

shall contain a list of all emissions units and the Minnesota Rules citation that defines those

emissions units as an insignificant activity or conditionally insignificant activity. The records

shall be permanently kept at the stationary source or a central office and be readily available

for examination and copying by the commissioner or a representative of the commissioner;

E. a conditionally exempt stationary source; and

F. notwithstanding parts 7007.0200 and 7007.0250, any stationary source that

would be required to obtain a permit solely because it is subject to one or more new source

performance standards under Code of Federal Regulations, title 40, part 60, and that is subject

only to the notification and record-keeping provisions of the applicable standards.

Subp. 2. [Repealed, 21 SR 165]

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27

SR 1579; 28 SR 1482; 32 SR 904

7007.0350 EXISTING SOURCE APPLICATION DEADLINES AND SOURCE

OPERATION DURING TRANSITION.

Subpart 1. Transition applications under this part; deadline based on SIC code.

Initial permit applications under parts 7007.0100 to 7007.1850 for an emission unit, emission

facility, or stationary source in operation on October 18, 1993, shall be considered timely

if they meet the requirements of this part.

A. An owner or operator of an existing stationary source with a Standard Industrial

Classification (SIC) Code number in the left column of the following table shall submit a

permit application by the corresponding date in the right column:

Category SIC Code Range Application Deadline

A 0000 to 2399, excluding 1422, 1423, 1429, 1442,

1446, 2041, and 2048

January 15, 1995

B 2400 to 2999 and 4953, excluding 2951 and 2952 April 15, 1995

C 3000 to 4499 June 15, 1995

D 4500 to 5099, excluding 4953 September 15, 1995

17
E 5100 to 8199 December 15, 1995

F 8200 to 9999, including 1422, 1423, 1429, 1442,

1446, 2041, 2048, 2951, and 2952

February 15, 1996

B. If more than one SIC code describes activities at the stationary source, the SIC

code that represents the primary type of activity of the stationary source shall be used. If no

single SIC code represents the primary type of activity of the stationary source, the lowest SIC

code that describes activities at the stationary source shall be used.

C. If a single owner or operator is responsible for filing applications for three or

more stationary sources under this subpart, the owner or operator may request the agency to

allow it to submit one or more of its applications according to a subsequent deadline of this

subpart. Such a request shall be made by the owner or operator in writing no later than 60

days before the application deadline which the applicant is seeking to postpone. The agency

shall approve in writing such requests if they more evenly distribute the owner's or operator's

stationary sources among the application deadlines in item A.

D. An application date for a stationary source or group of stationary sources may

be deferred by the commissioner under the following circumstances: a source or sources will

soon be subject to a new federal requirement that will affect the source's application or the

commissioner finds that it will reduce the agency's administrative burden by deferring the

application deadline for sources required to obtain a state permit. The application dates for

sources required to submit a part 70 permit application shall be deferred to a date no later

than one year after the administrator grants part 70 program approval to Minnesota, and the

application dates for sources required to submit a state permit application may not be deferred

more than two years after EPA program approval. The source or sources are required to submit

the permit application by the new date specified by the commissioner under this item.

E. The owner or operator of a stationary source must comply with the applicable

deadline in this part, even though the stationary source may be operating under a permit issued

by the agency under parts 7001.1200 to 7001.1220 (the permit rules in effect before October

18, 1993), and the permit is not due to expire until after the applicable deadline in this part. If a

stationary source is operating under a permit issued by the agency under parts 7001.1200 to

7001.1220, and the permit expires after October 18, 1993, but before the applicable deadline,

the owner or operator need not reapply before expiration of the permit, but shall comply with

the applicable deadline in this part.

F. Except as provided in subitems (1) and (2), the agency waives its authority to take

enforcement action against the owner or operator of a stationary source for failure to obtain a

permit authorizing operation under parts 7001.1200 to 7001.1220, if the owner or operator files

a timely and complete permit application under this part. This waiver does not apply to:

(1) an owner's or operator's failure to obtain a permit required under the

federal preconstruction review programs of part C (Prevention of Significant Deterioration of

Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act, or regulations

promulgated under them; or

18
(2) an owner's or operator's failure to obtain an amendment under parts

7001.1200 to 7001.1220 for modifications to a stationary source for which a permit had been

obtained under those parts.

Subp. 2. Compliance with permit or applicable requirements during transition.

A. If a stationary source is operating under an air emission permit issued by the

agency under parts 7001.1200 to 7001.1220 which has not expired as of October 18, 1993, and

if the permittee submits a timely and complete application for reissuance under subpart 1, that

permit shall be considered not to expire until a new permit is issued under parts 7007.0100

to 7007.1850. The preceding sentence also applies to stationary sources which have been

operating under an air emission permit which was continued under part 7001.0160. The

permittee shall continue to operate the stationary source in compliance with the terms of the

existing permit and all applicable requirements.

B. If an owner or operator of a stationary source has filed an application for a permit

but not yet received it, the stationary source shall be operated in compliance with all applicable

requirements until the permit is issued.

Subp. 3. Application shield.

A. If an owner or operator of an emissions unit, emission facility, or stationary

source in operation on October 18, 1993, submits an application that is timely under this part

and complete under part 7007.0600, the continued operation of the stationary source pending

agency review of the permit application is not a violation of part 7007.0150, subpart 1.

B. If after the completeness determination made pursuant to part 7007.0700, the

applicant fails to submit, by the deadline specified in writing by the agency, any additional

information identified as being needed to process the application, the protection provided

in item A does not apply.

Subp. 4. Preservation of enforcement authority. The agency reserves its authority to

take enforcement action against any source that violated the permitting requirements of parts

7001.1200 to 7001.1220 prior to their repeal or that violates any permit issued under those

parts, except as provided under subpart 1, item E. Nothing in parts 7007.0100 to 7007.1850

shall be read to limit the administrator's authority to enforce parts 7001.1200 to 7001.1220

prior to their repeal or permits issued under those parts.

Subp. 5. Acid rain sources. Stationary sources subject to the requirement to obtain

Phase II acid rain permits under title IV of the act shall submit permit applications or

amendments to permit applications to the agency by January 1, 1996, for sulfur dioxide,

and January 1, 1998, for nitrogen dioxide.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 19 SR 1666; 20 SR 2316

7007.0400 PERMIT REISSUANCE APPLICATIONS AFTER TRANSITION; NEW

SOURCE AND PERMIT AMENDMENT APPLICATIONS; APPLICATIONS FOR

SOURCES NEWLY SUBJECT TO A PART 70 OR STATE PERMIT REQUIREMENT.

Subpart 1. Requirement for application. Applications for reissued permits after

the transition period shall be considered timely if they meet the requirements of subpart 2.

Applications for permits for new stationary sources or amendments shall be considered

19
timely if they meet the requirements of subpart 3. An application for a total facility permit

from a stationary source that, because of a modification or change at the stationary source,

becomes subject to the requirement to obtain a part 70 or state permit for the first time after

the application deadline in part 7007.0350, subpart 1, and which was issued a permit for the

installation and operation of the change or modification under part 7007.0750, subpart 5, shall

be considered timely if it meets the requirements of subpart 4.

Subp. 2. Permit reissuance after transition period. Stationary sources operating under

permits issued by the agency under parts 7007.0100 to 7007.1850 shall apply for permit

reissuance at least 180 days before the expiration of the existing permit, unless the permit

specifies that the application must be submitted sooner. The agency shall require in a permit

that a reissuance application be submitted sooner if the agency determines that an earlier

application is needed to minimize the possibility of expiration prior to reissuance. The agency

may make this determination if it anticipates a relatively lengthy permit review process due

to the complexity of the stationary source or anticipated involvement of the public. In no

event shall the permit require application for reissuance sooner than nine months prior to the

expiration of the permit.

Subp. 3. New permits and amendments to existing permits. Owners or operators

seeking to obtain a new permit for a new stationary source or a permit amendment to an

existing permit may submit the application at any time. It is recommended that the permit

application for a new stationary source or an amendment be submitted at least 180 days before

the planned date for beginning actual construction of the new stationary source or beginning

actual construction of the modification of the existing stationary source, although the agency

may take up to 18 months to take final action on the permit or major amendment under part

7007.0750, subpart 2. If the reason for the application for an amendment is the adoption of a

new or amended federal applicable requirement, and the remaining life of the permit is three

years or longer, the permittee shall file an application for an amendment within nine months

of promulgation of the applicable requirement. The preceding sentence does not apply if the

effective date of the requirement is later than the date on which the permit is due to expire.

Subp. 4. Applications for permits for stationary sources newly subject to the

requirement to obtain a part 70 or state permit. If a modification or change at a stationary

source would make the source subject for the first time to the requirement to obtain a part 70 or

state permit after the application deadline in part 7007.0350, subpart 1, and the agency issues a

permit authorizing installation or operation of the change or modification under part 7007.0750,

subpart 5, the owner or operator shall submit an application for a total facility permit:

A. within 180 days after commencing operation of the change or modification that

triggered the permit requirement, if the owner or operator is applying for a state, registration,

or general permit; or

B. within 365 days after commencing operation of the change or modification that

triggered the permit requirement, if the owner or operator is applying for a part 70 permit.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 23 SR 2224

20
7007.0450 PERMIT REISSUANCE APPLICATIONS AND CONTINUATION OF

EXPIRING PERMITS.

Subpart 1. Reissuance applications. Permits being reissued are subject to the same

procedural requirements that apply to initial permit application and issuance.

Subp. 2. Title I conditions. Any title I condition shall remain in effect without regard to

permit expiration or reissuance, and shall be restated in the reissued permit.

Subp. 3. Continuation of an expiring permit. If the owner or operator of a stationary

source has submitted a timely and complete application for reissuance of a permit, the permit

shall not expire until the permit has been reissued or the reissuance has been denied, unless the

agency determines that any of the following are true:

A. the permittee is not in substantial compliance with the terms and conditions of

the expired permit or with a stipulation agreement or compliance schedule designed to bring

the permittee in compliance with the permit;

B. the agency, as a result of an action or failure to act of the permittee, has been

unable to take final action on the application on or before the expiration date of the permit; or

C. the permittee has submitted an application with major deficiencies or has failed to

properly supplement the application in a timely manner after being informed of deficiencies.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.0500 CONTENT OF PERMIT APPLICATION.

Subpart 1. Standard application form and required information.

A. The applicant shall submit an application on a standard application form provided

by the agency. The agency may create different forms for different types of stationary sources.

Regardless of whether the particular information is required by a form, an applicant must

include all information needed to determine the applicability of, or to impose, any applicable

requirement, or to evaluate the emission fee amount required by chapter 7002.

B. For complicated stationary sources, the agency recommends but does not

require that the applicant arrange for a preapplication meeting with the agency's air quality

division. Small business stationary sources, as defined in Minnesota Statutes, section 116.96,

subdivision 6, may seek assistance in preparing permit applications under the small business

air quality compliance assistance act in Minnesota Statutes, sections 116.95 to 116.99.

C. In addition to the requirements of this part, applicants for permits subject to a new

source review program under part C (Prevention of Significant Deterioration of Air Quality)

or part D (Plan Requirements for Nonattainment Areas) of the act shall also comply with the

application requirements of part 7007.3000 or parts 7007.4000 to 7007.4030, respectively.

D. Applicants for permits subject to preconstruction requirements under section

112(g)(2)(B) (construction or reconstruction of major source of hazardous air pollutants) of the

act shall also comply with the application requirements of part 7007.3010, incorporating by

reference the provisions of Code of Federal Regulations, title 40, sections 63.40 to 63.44.

E. An applicant is not required to show that its emissions do not cause a violation of

ambient air quality standards, unless the agency notifies the applicant that such information is

21
required, or unless the source is required to make such a showing under the preconstruction

review requirements of part 7007.3000 or parts 7007.4000 to 7007.4030.

F. This part describes the standard information that will be required in a permit

application. It does not limit the agency's statutory authority for requiring information in

addition to that which is specifically listed.

Subp. 2. Information included. Applicants shall submit the following information as

required by the standard application form:

A. Information identifying the stationary source and its owners and operators,

including company name and address (and plant name and address if different from the

company name), owner's name and agent, and contact telephone numbers including names of

plant site manager or contact, and the person preparing the application if different.

B. A description of the stationary source's processes and products (by Standard

Industrial Classification Code or SIC Code) including any associated with each alternate

scenario identified by the stationary source.

C. The following emissions-related information:

(1) A permit application shall provide the information required by this part

for every emissions unit within the stationary source, except as provided otherwise in subitems

(2) to (11). Notwithstanding the first sentence, if a stationary source is not a major source and

the sole reason it is required to have a permit is because it is subject to federal standards

described under part 7007.0250, subpart 2, then the application need only provide information

for the emissions units regulated by those federal standards. All permit applications shall

include information about fugitive emissions in the same manner as stack emissions, regardless

of whether the stationary source category in question is included in the list of stationary sources

contained in the definition of major source in part 7007.0200, subpart 2.

(2) The application need not include the information required by this part

for any activity listed on the insignificant activities list in part 7007.1300 or for conditionally

insignificant activities, except as provided in this subitem. The application shall include a

list identifying any activity at the stationary source described in subparts 3 and 4 of the

insignificant activities list and conditionally insignificant activities. If requested by the agency,

the permittee shall provide a calculation of emissions from any activity described in subparts 3

and 4 of the insignificant activities list and conditionally insignificant activities. The agency

shall request such a calculation if it finds that the emissions from those activities, in addition

to other emissions from the stationary source, could make the stationary source subject to

different applicable requirements under parts 7007.0100 to 7007.1850.

(3) A permit application shall identify and describe each emission point in

sufficient detail to verify the applicability of all applicable requirements. This shall include the

location of all emission points, and the location of all emissions units and processes venting

through each emission point. In addition, if the exhaust gas flow rate and temperature, and the

stack height and diameter of an emission point are needed to determine applicability of or show

compliance with any applicable requirement, this information shall be provided. For stationary

sources that are major sources of sulfur dioxide, particulate matter less than ten microns, or

nitrogen oxides according to part 7007.0200, subpart 2, items B and C, the exhaust gas flow

rate and temperature, and stack height and diameter shall be provided for all emission points

of the pollutant or pollutants for which the source is major.

22
(4) The permit application shall specify the potential emissions, as defined in

part 7005.0100, subpart 35a, in tons per year from the stationary source as a whole. These

potential emissions shall be specified for each regulated air pollutant and each hazardous air

pollutant that is not yet a regulated air pollutant, as defined in part 7007.0100, subparts 12a and

19, except that pollutants which are regulated solely under section 112(r) of the act need not be

included and pollutants regulated solely under section 602 of the act need not be included. In

addition, for each emissions unit subject to an applicable requirement, the permit application

shall specify, in tons per year, the potential emissions of the same pollutants referenced in the

previous sentence. If the applicable requirement contains a standard reference test method

which is to be used to establish compliance, the permit application shall specify the potential

emissions in the same units as are used in the test method.

(5) The permit application shall also include the emission limits that will be

imposed on the stationary source by applicable requirements.

(6) A permit application shall provide the information on actual emissions for

the preceding calendar year required in this subitem. Notwithstanding the previous sentence, if

actual emission data are not available for the preceding calendar year, the application shall

provide an estimate of actual annual emissions required in this subitem.

(a) The permittee shall provide actual emission rates, in tons per year, of

criteria pollutants unless the permittee has submitted an emissions inventory as required by

parts 7019.3000 and 7019.3010.

(b) For stationary sources that are major sources under part 7007.0200,

subpart 2, the permittee shall provide actual emission rates, in total tons per year, or if

emissions of a hazardous air pollutant are less than one ton per year, in pounds per year, of

each hazardous air pollutant for the stationary source as a whole.

(7) A permit application shall include the following information to the extent

it is emissions-related: fuels, fuel use, raw materials, production rates, and operating schedules.

(8) A permit application shall identify and describe all air pollution control

equipment and compliance monitoring devices or activities. A permit application shall also

contain the design operating efficiency of the air pollution control equipment. The permit

application shall identify all air pollution control equipment located at the stationary source

which the stationary source elects not to operate.

(9) A permit application shall describe any work practice or physical

limitation on stationary source operation that affects emissions of regulated air pollutants.

(10) A permit application shall include additional information if required by

any applicable requirements (such as information related to stack height limitations developed

pursuant to section 123 of the act).

(11) A permit application must explain the means by which the emissions

information in subitems (1) to (10) is gathered, and provide the calculations on which they

are based.

D. The following information regarding applicable requirements and test methods:

(1) A permit application must include a complete listing of the citations and

titles of all applicable requirements to which the permittee is subject. Citations must be to the

latest codification of the regulatory requirements at the time of application.

(2) If the stationary source is required to test its emissions to determine

compliance, a permit application must include either: a citation to a rule or regulation

23
establishing the test method for measuring emissions or, if such a rule or regulation does

not exist, a permit application must describe the method that the applicant believes is the

appropriate method to measure emissions.

E. Other specific information that may be necessary to implement and enforce other

applicable requirements or requirements of parts 7007.0100 to 7007.1850, or to determine

the applicability of such requirements. The agency may request the applicant to provide

such information in a supplemental submittal.

F. For part 70 permit applications only, an explanation of any proposed exemptions

from otherwise applicable requirements.

G. The applicant may propose permit terms and conditions which would allow the

permittee to trade emissions increases and decreases within the permitted facility. This trading

option is available solely for purposes of complying with a federally enforceable emissions

cap that is established in the permit independent of otherwise applicable requirements, under

conditions in part 7007.0800, subpart 10. The application shall include proposed replicable

procedures and permit terms that ensure the emissions are quantifiable and enforceable.

H. The applicant may request the agency to allow in the permit alternative operating

scenarios. If such a request is made, the application shall provide all the information required

by this part for each proposed scenario. This option is only available under the conditions in

part 7007.0800, subpart 11.

I. The applicant may request the agency to allow in the permit for the stationary

source to operate at more than one location during the term of the permit. This option is

available only under the conditions in part 7007.0800, subpart 12.

J. For state permit applications only, a description of the compliance status of the

stationary source with respect to all applicable requirements and the requirements of parts

7007.0100 to 7007.1850, and a description of the methods used to determine compliance,

including a description of monitoring, record keeping, and test methods.

K. For part 70 permit applications only, a compliance plan that contains the

following:

(1) A description of the compliance status of the stationary source at the time

of application submittal with respect to all applicable requirements and the requirements of

parts 7007.0100 to 7007.1850, and a description of the methods used to determine compliance,

including a description of monitoring, recordkeeping, and test methods. The applicant shall

identify in the description of compliance status any past modifications at the stationary source

for which preconstruction review was required under section 112(g)(2)(B) (construction or

reconstruction of major source of hazardous air pollutants) of the act and parts C and D of

the act but was not done.

(2) For applicable requirements with which the stationary source is in

compliance, a statement that the stationary source will continue to comply with such

requirements.

(3) For applicable requirements that are known to become effective during

the permit term, a statement that the stationary source will meet such requirements on a timely

basis.

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(4) For applicable requirements for which the stationary source is not in

compliance at the time of application submittal, a proposed schedule of compliance. Such a

schedule shall include a date specific schedule of remedial measures, including an enforceable

sequence of actions with milestones, leading to compliance in the shortest reasonable period of

time. The proposed schedule of compliance shall begin at the time of permit application, but

the applicant may project its compliance status at the time the permit is expected to be issued.

This compliance schedule shall resemble and be at least as stringent as that contained in any

judicial consent decree, stipulation agreement, or administrative order to which the stationary

source is subject. The compliance schedule shall be supplemental to, and shall not sanction

noncompliance with, the applicable requirements on which it is based.

L. For part 70 permit applications only, a proposed schedule for submitting progress

reports under part 7007.0800, subpart 6, item B. The proposed schedule shall provide for

reporting at least every six months for any stationary source required to have a compliance

schedule under this subpart, or any stationary source required by an applicable requirement

to monitor every six months or more often.

M. For part 70 permit applications only, a proposed schedule for submission of

compliance certifications during the permit term, to be submitted no less frequently than

annually. The schedule shall provide for more frequent compliance certifications if required by

an applicable requirement.

N. If subject to the following laws, a statement of whether the stationary source has:

(1) prepared a pollution prevention plan and submitted a pollution prevention

progress report to the commissioner as required by the Minnesota Toxic Pollution Prevention

Act, Minnesota Statutes, sections 115D.07 and 115D.08; and

(2) submitted a toxic chemical release form as required by United States

Code, title 42, section 11023.

Subp. 3. Application certification. A responsible official, as defined in part 7007.0100,

subpart 21, shall sign and certify any application, report, or compliance certification submitted

pursuant to parts 7007.0100 to 7007.1850 with regard to truth, accuracy, and completeness.

This certification and any other certification required by parts 7007.0100 to 7007.1850 shall

state that, based on information and belief formed after reasonable inquiry, the statements and

information in the document are true, accurate, and complete. This subpart shall be complied

with by both the owner and the operator of the stationary source if they are not the same.

Subp. 4. Title IV source application. Affected sources shall use nationally standardized

forms for acid rain portions of permit applications and compliance plans, as required by Code of

Federal Regulations, title 40, part 72, as amended. The compliance plan content requirements

of subpart 2 shall apply to the acid rain portion of the affected source's permit application,

except as specifically superseded by Code of Federal Regulations, title 40, part 72, as amended.

Subp. 5. Environmental review. The applicant shall state in the application whether

an environmental assessment worksheet or an environmental impact statement is required

for the activity for which the permit is sought under Minnesota Statutes, chapter 116D, or

implementing regulations, or under United States Code, title 42, sections 4331 et seq., as

amended.

Statutory Authority: MS s 116.07

25
History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 22 SR 2300;

27 SR 1579

7007.0501 ADDITIONAL CONTENTS REQUIRED IN A PERMIT APPLICATION

FOR A WASTE COMBUSTOR.

Subpart 1. Additional requirements. In addition to the information required by part

7007.0500, a person who requests an air emission permit for a waste combustor subject to

parts 7011.1201 to 7011.1285 shall submit to the commissioner the information required

by subparts 2 to 7.

Subp. 2. Information required. The application must contain information describing

the solid wastes to be combusted, the combustion system, and the method of operating the

combustion system and must include the information in items A to E. The documents referred

to in this subpart are incorporated by reference in part 7011.1205.

A. A current solid waste composition study, consisting of the results of an analysis

of the solid wastes or mixtures of solid wastes to be combusted, which uses the sampling

methods prescribed in "Test Methods for Evaluating Solid Waste," SW-846, or any other

sampling method approved in writing by the commissioner. The commissioner shall approve a

sampling method where the commissioner determines that the precision and accuracy of the

method are equivalent to that of the method set forth in "Test Methods for Evaluating Solid

Waste," SW-846.

The study shall include all of the analyses in subitems (1) to (4).

(1) A fractional analysis of the solid waste, including percentage by weight

of combustible and noncombustible materials in the solid waste stream and a solid waste

sort that identifies, at a minimum, the percent by weight of paper, cardboard, plastic, ferrous

and nonferrous metals, solid wastes which contain mercury, glass, organic, and inorganic

material in the solid waste stream. The fractional analysis shall identify recyclable and

problem materials.

(2) A proximate analysis of the solid waste, which shall include the

percentage of volatile matter, moisture content, ash content, and fixed carbon by difference.

Analysis methods used to determine the proximate analysis of the solid waste shall be

performed in accordance with ASTM methods E897, E790, and E830 for volatile matter,

moisture content, and ash content, respectively.

(3) An ultimate analysis of the solid waste, which shall include the percentage

of carbon, hydrogen, nitrogen, oxygen, sulfur, chlorine, and oxygen by difference. Analysis

methods used to determine the ultimate analysis of the solid waste shall be performed in

accordance with ASTM methods E777, E778, E775, and E776 for carbon and hydrogen,

nitrogen, sulfur, and chlorine, respectively.

(4) The heat value of the solid waste. Analysis methods used to determine

the heat value of the solid waste shall be performed in accordance with either ASTM E955 or

any other analysis method approved in writing by the commissioner. The commissioner shall

approve an analysis method where the commissioner determines precision and accuracy of the

method are equivalent to that of the methods set forth in ASTM E955.

B. A detailed engineering description of each waste combustor unit, including:

26
(1) the manufacturer's name and model number, if determined at the time of

application for an air emission permit;

(2) the type of combustion system;

(3) a description of the auxiliary fuel system, including the type and feed rate

system controls available for the fuel systems and the number, size, and location of burners;

(4) the design capacity of each waste combustor unit;

(5) a description of solid waste handling and solid waste feed controls,

including a description of the fuel feed equipment, automatic feed controls, shutoff devices,

and the maximum feed rate for which the equipment was designed in pounds per hour;

(6) location and description of devices and controls which indicate

temperature and air flow; and

(7) for waste combustors which combust solid waste with another fuel, other

than the auxiliary fuel, a description of how solid waste and other fuels are combined.

C. A description of the site, including storage space for solid waste, noncombustible

materials, chemicals, recyclables, the solid wastes not allowed to be combusted by part

7011.1220, and ash.

D. A description of the ash handling facilities, including on-site storage, and

transport within the boundaries of the stationary source or emission facility.

E. If the unit load is measured using a method other than steam flow as allowed by

part 7011.1260, subpart 3, item A, subitem (2), a description of the alternative method that

meets part 7011.1265, subpart 4a.

Subp. 3. Performance test data. In applications for permit reissuance, the permit

application shall contain summary performance test data collected under the requirements of

part 7011.1270 which represent the current operating practices of the waste combustor.

Subp. 4. Industrial solid waste management plan. The application shall contain an

industrial waste management plan in accordance with part 7011.1250.

Subp. 5. Solid wastes which contain mercury. The application for Class C, D, III, and

IV waste combustors shall contain a plan to separate solid wastes which contain mercury in

accordance with part 7011.1255.

Subp. 6. Reducing the level of toxic contaminants in ash. An application for waste

combustors which will combust mixed municipal solid waste or refuse-derived fuel must

contain the information described in items A and B.

A. The application shall describe the specific functions to be performed, activities

to be undertaken, and the timing of these functions and activities to the maximum extent

feasible and prudent, in order to:

(1) reduce the total content and leachable levels of toxic contaminants in ash,

including, but not limited to, cadmium and lead;

(2) reduce the quantity of ash including, but not limited to, the amount of

noncombustibles in the solid waste stream; and

(3) reduce the quantity of solid waste processing residuals that require

disposal.

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B. An applicant seeking reissuance of a permit to combust mixed municipal solid

waste or refuse-derived fuel must provide, for each of the previous five years, the amount of

waste combusted, the amount of flue gas conditioning chemicals used, and the amount of ash

disposed. The ratio of ash generated less flue gas conditioning agents to waste combusted shall

be computed for each of the previous five years. The application shall also include data on

the constituents of the waste combustor's ash and how to further reduce the level of toxic

contaminants in the ash.

Subp. 7. Ash management plan. The application shall include the applicant's plan for

disposal of the ash generated by the waste combustor, treatment of water generated from

quenching the ash at the facility, and any plans which the applicant has for ash utilization.

The plans shall include the sites and processes for management and final disposal of the ash,

and shall identify any permits the waste combustor owner needs to use each site or process,

including permits for leachate treatment.

Subp. 8. Class IV stack height. Class IV applications shall include the applicant's

design for installation and operation of equipment to achieve ambient pollutant concentrations

that would have been achieved with the use of the minimum stack height required in part

7011.1235, subpart 1.

Statutory Authority: MS s 116.07

History: 18 SR 2584; 22 SR 1975

7007.0550 CONFIDENTIAL INFORMATION.

A person may request the agency to treat information submitted under parts 7007.0100 to

7007.1850 as confidential by following the procedures established by part 7000.1300. Where

the agency is required to submit information to the EPA, the confidentiality of that information

will be governed by Code of Federal Regulations, title 40, part 2, as amended.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.0600 COMPLETE APPLICATION AND SUPPLEMENTAL INFORMATION

REQUIREMENTS.

Subpart 1. Complete application. To be deemed complete, an application must

provide all information required by part 7007.0500, except that an application for a permit

amendment under parts 7007.1450 and 7007.1500 need supply information only if it is related

to the proposed amendment. Information required under part 7007.0500 must be sufficient

to evaluate the subject stationary source and its application and to determine all applicable

requirements. The application shall also contain a certification from a responsible official

consistent with part 7007.0500, subpart 3.

Subp. 2. Duty to supplement or correct application. Any applicant who fails to submit

any relevant facts or who has submitted incorrect information in an application for a permit

or permit amendment shall, upon becoming aware of such failure or incorrect submittal,

promptly submit such supplementary facts or corrected information. In addition, an applicant

must provide additional information as necessary to address any requirements that become

28
applicable to the stationary source after the date it filed a complete application but prior to

release of a draft permit.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.0650 WHO RECEIVES AN APPLICATION.

Subpart 1. Applications submittal. Permit applicants shall submit two printed copies

of the complete application and all supplemental information requested by the agency to the

information coordinator, Air Quality Division, Minnesota Pollution Control Agency. Upon

request of the agency, the applicant shall submit additional copies of the application directly to

the administrator, affected states, and other governmental entities with the legal right to review

the application, or submit additional copies to the agency to be forwarded to these parties.

Subp. 2. Computerized application submittal. Applicants may in addition submit

applications in computer-readable format specified by the agency, which may be through

submission of a floppy disk or through electronic data submittal. If the information is submitted

in computer-readable format, the agency may allow the applicant to submit fewer printed

copies than required in subpart 1, however at least one copy of the application certification

required by part 7007.0500, subpart 3, shall always be required to be provided on paper.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.0700 COMPLETENESS REVIEW.

A. Within one week of receipt of an application other than a minor amendment

application, the agency shall notify the applicant in writing that it has received the application.

B. Within 60 days of receipt of an application other than a minor amendment

application, the agency shall notify the applicant in writing of whether the application is

complete. If the agency fails to make the completeness determination required above within

the 60-day period, the application shall be deemed complete. A completeness determination

under this subpart triggers timelines for permit issuance under part 7007.0750, retroactive to

the date the complete application was received by the agency, but does not limit the agency's

ability to request additional information.

C. If an application or a written request for an administrative amendment is

incomplete, the agency shall identify the incomplete portions of the application or request and

outline the actions needed to complete the application or request.

D. If, during processing of a permit application that has been deemed complete, a

minor permit amendment application, or a written request for an administrative amendment, the

agency determines that additional information is necessary to evaluate or take final action on

that application or request, it may request such information in writing, and, after consultation

with the applicant, set a deadline for a response. In the request for additional information, the

agency shall briefly explain why the additional information is needed. If an applicant fails to

respond to requests for additional information within the time period requested, the application

or request shall be deemed incomplete. Applicants who have already made a change or begun

actual construction of a modification at a permitted facility under part 7007.1450, shall provide

the additional information within the time period specified by the agency.

29
E. Items A and B do not apply to written requests for administrative amendments.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 23 SR 2224

7007.0750 APPLICATION PRIORITY AND ISSUANCE TIMELINES.

Subpart 1. Prioritization of applications. In deciding which permit applications to

act on, the agency shall give priority to applications for construction or modification of

a stationary source.

Subp. 2. Application processing and issuance deadlines.

A. Within 12 months of receiving a complete application for a permit to construct

a new stationary source or for a major permit amendment to construct a modification, the

agency shall have completed the public notice process and comment period required by part

7007.0850, unless the agency has denied the application. The agency shall take final action on

the application within 60 days of the end of the public comment period if:

(1) no meetings or hearings are requested under part 7007.0850, subpart 3,

during the public comment period;

(2) there is no substantial adverse public comment on the application; and

(3) there is no substantial adverse EPA comment on the application.

If any of the circumstances in subitems (1) to (3) occur, the agency shall take final action

on the application within 18 months of receiving the complete application.

B. Within six months of receiving a complete application for a moderate amendment

to construct a modification for which the agency has decided to provide public notice under

part 7007.0850, subpart 2, the agency shall have completed the public notice process and

comment period, unless the agency has denied the application. The agency shall take final

action on the permit within 60 days of the end of the public comment period if:

(1) no meetings or hearings are requested under part 7007.0850, subpart 3,

during the public comment period;

(2) there is no substantial adverse public comment on the application; and

(3) there is no substantial adverse EPA comment on the application.

If any of the circumstances in subitems (1) to (3) occur, the agency shall take final action

within nine months of receiving the complete application.

C. The agency shall take final action on applications for permits or permit

amendments not governed by items A and B within the period specified in this item. The

agency shall take final action on such an application for a permit, permit reissuance, or major

permit amendment within 18 months of receiving a complete application. The agency shall

take final action on such an application for a minor permit amendment within 90 days of

receiving a complete application or for a moderate permit amendment within six months of

receiving a complete application, but not before the end of the administrator's 45-day review

period in the case of part 70 permits. The agency shall take final action on a written request for

an administrative amendment within 60 days of receiving the complete request.

30
D. If the applicant is required to submit additional information under part 7007.0700,

item D, and if the applicant takes more than 30 days to provide the information, the agency

may extend a deadline under item A, B, or C by the amount of time it takes to provide the

information. The agency may also extend the deadlines under items A, B, and C upon written

request of the applicant.

E. Deadlines for agency action under this part may be extended as described in this

item for permitting actions subject to environmental review under Minnesota Statutes, chapter

116D, and implementing regulations. If the prohibition on final governmental decisions under

part 4410.3100 is in effect at any time 90 days prior to the deadline or later, the agency shall

extend the deadline until 90 days after the prohibition ends.

F. The deadlines in this subpart do not apply to the extent they deviate from the

requirements of federal regulations at Code of Federal Regulations, title 40, section 72.73, as

amended (Acid Rain Permits Regulation).

Subp. 3. Final action. For purposes of this part and triggering judicial review, final

agency action on a request or an application includes issuing the permit or amendment,

denying the request or application, issuing a revised permit or amendment, or failing to take

any of these actions by the deadline applicable under this part. However, the previous sentence

shall not prevent the agency from issuing a permit or amendment or denying a request or

application after a deadline has passed. If the agency denies the request or application it shall

explain why. If the agency revises a proposed permit or amendment which has been subject to

EPA review, it shall resubmit the amendment to the administrator.

Subp. 4. Transition period. The timelines in subpart 2, item C, do not apply to

applications received prior to the date three years after EPA grants full program approval.

Subp. 5. Modification (installation and operation) permits. The agency may issue

permits authorizing a modification or change to a stationary source (an installation and

operation permit) prior to issuance of an operating permit covering the entire stationary source

(a total facility permit) if the agency finds:

A. the stationary source has filed a complete application for the proposed

modification or change and:

(1) has filed a timely application for a total facility permit under part

7007.0350, subpart 1; or

(2) was not subject to the requirement to file a permit application under the

deadlines in part 7007.0350, subpart 1, because the change or modification will subject the

stationary source for the first time to the requirement to obtain a part 70 or state permit;

B. the delay resulting from issuing the installation and operation permit and the

total facility permit at the same time would cause undue economic hardship on the stationary

source; and

C. the agency has sufficient information about the entire stationary source to be able

to comply with the requirements of part 7007.1000.

The requirements of parts 7007.0100 to 7007.1850 that apply to modifications to a

stationary source with a total facility permit shall also apply to modifications authorized under

this part. The owner or operator of a stationary source that obtains an installation and operation

permit under item A, subitem (2), shall lose its right to operate the stationary source if the owner

31
or operator fails to submit an application for a total facility permit in the time required by part

7007.0400, subpart 4, and shall be considered to be in violation of part 7007.0150, subpart 1.

Subp. 6. [Repealed, 22 SR 1237]

Subp. 7. Two-stage issuance of part 70 permits and part 70 permit amendments

authorizing construction or modification.

A. If a part 70 permit or part 70 permit amendment authorizing construction or

modification:

(1) is subject to the requirements of a new source review program under part

C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for

Nonattainment Areas) of the act; or

(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.

B. The agency shall issue the remaining permit conditions (those not issued under

item A) after the EPA's 45-day review period described in part 7007.0950, and in compliance

with all other applicable provisions of parts 7007.0100 to 7007.1850. If there is no change to

the remaining permit conditions, the agency shall issue the remaining permit conditions by

means of notifying the permittee in writing that the remaining permit conditions of the permit

previously sent under item A shall be considered issued.

C. The permittee may begin actual construction and operation of a stationary

source or modification upon issuance of the conditions under item A to the extent authorized

by those conditions.

Subp. 8. Two-stage issuance of permits subject to section 112(g)(2)(B) requirements.

A. If a permit or permit amendment is subject to the requirements of section

112(g)(2)(B) of the act, the agency shall send the permit to the permittee after all requirements

of the section 112(g)(2)(B) program have been satisfied. The agency shall at the same time

notify the permittee in writing that those permit conditions required by the section 112(g)(2)(B)

program and designated as such by the agency in the permit or amendment, and only those

conditions, shall be considered issued.

B. The agency shall issue the remaining permit conditions (those not issued under

item A) after the Environmental Protection Agency's 45-day review period described in part

7007.0950, and in compliance with all other applicable provisions of parts 7007.0100 to

7007.1850. If there is no change to the remaining permit conditions, the agency shall issue the

remaining permit conditions by means of notifying the permittee in writing that the remaining

permit conditions of the permit previously sent under item A shall be considered issued.

32
C. The permittee may begin actual construction and operation of a stationary

source or modification upon issuance of the conditions under item A to the extent authorized

by those conditions.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 22 SR 1237; 22 SR 2300; 23 SR 2224

7007.0800 PERMIT CONTENT.

Subpart 1. Scope. The agency shall include the permit conditions specified in this part in

all permits, except where the requirement states that it applies only to part 70 permits or only

to state permits. The permit shall specify and reference the origin of and the authority for each

term or condition, and shall identify any difference in form from the requirement giving rise to

the condition. Nothing in this part shall be read to limit the agency's authority to put additional

or more stringent terms in a permit, to conduct inspections, or to request information.

Subp. 2. Emission limitations and standards. The permit shall include emissions

limitations, operational requirements, and other provisions needed to ensure compliance with

all applicable requirements at the time of permit issuance. The permit shall also include any

condition the agency determines to be necessary to protect human health and the environment.

The permit shall state that, where another applicable requirement of the act is more stringent

than any applicable requirement of regulations promulgated under title IV of the act (Acid

Deposition Control), both provisions shall be incorporated into the permit and shall be

enforceable by the administrator.

Subp. 3. Emissions units covered by permit. The permit shall cover any emissions unit

within the stationary source for which there is an applicable requirement, and any unit which

the agency believes should be covered in order to protect human health and the environment.

However, if a stationary source is not a major source and the sole reason it is required to have a

permit is because it is subject to federal standards described under part 7007.0250, subpart

2, then the permit shall only cover emissions units regulated by those federal standards. The

permit shall include applicable requirements for fugitive emissions in the same manner as

stack emissions, regardless of whether the source category in question is included in the list of

sources contained in the definition of major source in part 7007.0200, subpart 2.

Subp. 4. Monitoring. The agency shall include the following monitoring requirements

in all permits:

A. The permit shall require the permittee to comply with all emissions monitoring

and analysis procedures or test methods required under the applicable requirements, including

any procedures and methods promulgated pursuant to section 114(a)(3) or 504(b) of the act.

B. For part 70 permits, where the applicable requirements do not require periodic

testing or instrumental or noninstrumental monitoring (which may consist of record keeping

designed to serve as monitoring), the permit shall require the permittee to conduct periodic

monitoring sufficient to determine whether the stationary source is in compliance with

applicable requirements. The monitoring requirements shall be designed to yield reliable data

from the relevant time period that are representative of the stationary source's operation,

and shall require the permittee to use terms, test methods, units, averaging periods, and

other statistical conventions that are consistent with the emissions limitations and standards

contained in the permit, and with other applicable requirements. Record keeping provisions

may be sufficient to meet the requirements of this item.

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C. For state permits, where periodic testing or instrumental or noninstrumental

monitoring (which may consist of record keeping designed to serve as monitoring) is not

required by item A, the permit shall include monitoring requirements sufficient to determine

whether a stationary source is in compliance with applicable requirements; if the agency

finds that such monitoring is warranted by:

(1) the likelihood of noncompliance;

(2) the environmental impact of noncompliance; or

(3) the likelihood that noncompliance could not be detected using means

other than monitoring.

D. As necessary, the permit shall require the permittee to install, use, and maintain

monitoring equipment or use monitoring methods.

Subp. 5. Record keeping. The permit shall incorporate all applicable requirements

related to record keeping and require the permittee to maintain adequate records, including at

least the following:

A. A requirement that the permittee maintain records adequate to document

compliance at the stationary source, including at a minimum:

(1) the date, place, as defined in the permit, and time of sampling or

measurements;

(2) the date or dates analyses were performed;

(3) the company or entity that performed the analyses;

(4) the analytical techniques or methods used;

(5) the results of such analyses; and

(6) the operating conditions existing at the time of sampling or measurement.

B. A requirement that the permittee maintain records describing any modification

made at the stationary source under parts 7007.1250 and 7007.1350, as required by those

provisions, but not otherwise regulated under the permit, and the emissions resulting from

those changes.

C. A requirement that the permittee retain records of all monitoring data and support

information for a period of five years, or longer as specified by the commissioner, from the

date of the monitoring sample, measurement, or report. Support information includes all

calibration and maintenance records and all original recordings for continuous monitoring

instrumentation, and copies of all reports required by the permit. Records shall be kept at the

stationary source unless the permit allows otherwise.

D. A requirement that the permittee retain copies of deviation reports required by

subpart 6 for a period of five years, or longer if requested by the commissioner, from the

date of submittal of the report to the agency.

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).

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(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.

(2) For all other deviations, the permit shall require the permittee to submit a

deviation report, on a form approved by the commissioner, at least semiannually. The report is

due whether or not a deviation occurred during the reporting period. The midyear deviations

report, covering deviations which occurred during the period from January 1 to June 30, is

due by July 30 of each year and the end-of-year deviations report, covering deviations which

occurred during the period from July 1 to December 31, is due by January 30 of each year.

B. All part 70 permits shall require the permittee to submit progress reports at least

every six months for any stationary source required to have a compliance schedule under

part 7007.0500, subpart 2, item K, subitem (4). Such progress reports shall contain the

deadlines for achieving the activities, milestones, or compliance required in the compliance

schedule and dates when such activities, milestones, or compliance were actually achieved.

If any deadlines in the schedule of compliance were not or will not be met, the report shall

note that, explain why, and include any preventive or corrective measures that have been or

will be adopted as a result.

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 the following:

(1) the facility name and permit number;

(2) identification of the calendar year that the report covers;

(3) identification of deviation reports submitted covering the calendar year

including the name of report (i.e. DRF-1 or DRF-2), the period covered by the report, and the

date of the cover letter accompanying the report;

(4) identification of any noncompliance with applicable requirements or a

permit condition that has not been identified in deviation reports submitted to the agency

covering the calendar year;

(5) a certification that meets the requirements of part 7007.0500, subpart 3;

(6) the signature and title of a responsible official as defined in part

7007.0100, subpart 21; and

(7) additional requirements as may be specified pursuant to sections 114(a)(3)

and 504(b) of the act.

Notwithstanding any other provision in an applicable requirement, for the purpose of

submission of compliance certifications under this item, the owner or operator is not prohibited

from using the following in addition to any specified methods:

(a) a monitoring protocol approved for the source pursuant to Code of

Federal Regulations, title 40, part 64, as amended; and

(b) any other monitoring method incorporated into a permit issued

under this chapter.

D. All progress reports and compliance documents described in this subpart

are available for public inspection and copying at the agency upon request, subject to the

provisions of part 7000.1200 and Minnesota Statutes, chapter 13, and section 116.075.

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E. For deviations caused by emergencies, as defined in part 7007.1850, the permittee

may assert an affirmative defense only if it meets all the requirements of part 7007.1850,

which includes notifying the agency within two working days of when the emission limitations

were exceeded due to the emergency.

Subp. 7. Prohibition on exceedance of allowances. For affected sources, the agency

shall include a permit condition prohibiting emissions exceeding any allowances that the

stationary source lawfully holds under title IV of the act or the regulations promulgated

thereunder, except as follows:

A. No permit amendment shall be required for increases in emissions that are

authorized by allowances acquired pursuant to the acid rain program, provided that such

increases do not require a permit amendment under any other applicable requirement.

B. No limit shall be placed on the number of allowances held by the stationary

source. The stationary source may not, however, use allowances as a defense to noncompliance

with any other applicable requirement.

C. Any such allowance shall be accounted for according to the procedures

established in Code of Federal Regulations, title 40, part 73, as amended.

Subp. 8. Fee requirement. The permit shall require payment of annual fees by owners

or operators of a stationary source required to pay annual fees due under part 7002.0025.

Subp. 9. Additional compliance requirements. All permits shall contain the following

elements with respect to compliance:

A. inspection and entry requirements that require that, upon presentation of

credentials and other documents as may be required by law, the permittee shall allow the

agency, or an authorized representative or agent of the agency, to perform the following:

(1) enter upon the permittee's premises where the stationary source is located

or activity is conducted, or where records must be kept under the conditions of the permit;

(2) have access to and copy, at reasonable times, any records that must

be kept under the conditions of the permit;

(3) inspect at reasonable times any facilities, equipment (including

monitoring and air pollution control equipment), practices, or operations regulated or required

under the permit. For purposes of this subpart, reasonable times include any time that the

stationary source is operating; and

(4) sample or monitor any substances or parameters at any location:

(a) at reasonable times, for the purposes of assuring compliance with the

permit or applicable requirements; or

(b) as otherwise authorized by the act or state law;

B. a schedule of compliance if one is required under part 7007.0500, subpart 2, item

K, meeting the description of that part; and

C. provisions establishing the permit shield described in part 7007.1800.

Nothing in this subpart shall be read to limit the agency's authority under Minnesota

Statutes, section 116.091, and section 114 of the act (Record keeping, Inspections, Monitoring,

and Entry) or other law.

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Subp. 10. Emissions trading.

A. If requested by a permit applicant, the agency shall include provisions allowing

the permittee to trade emissions increases and decreases that occur within the permitted

facility. No title I modification may be made using this provision, and the trade may not result

in the exceedance of any facility-wide emission limit in the permit. The agency shall make

such trading available to the permittee only if it determines that all of the following are true:

(1) the unit-specific limits above which the permittee wishes to increase

emissions were established solely to keep the stationary source as a whole from being subject

to an applicable requirement described in part 7007.0100, subpart 7, items A to K, and are

independent of otherwise applicable requirements;

(2) the stationary source's total emissions can be limited equally well, and

compliance with applicable requirements may still be assured, by allowing the proposed

trading scenario; and

(3) the permit establishes replicable procedures to ensure the emission trades

are quantifiable and enforceable.

B. The permit shall require the permittee to provide the agency in writing at least

seven working days before making the emissions trade the written notification described in this

item. The notice shall state when the trade will be made and describe the change in emissions

that will result. The notice shall also describe how these increases and decreases in emissions

will comply with the terms and conditions of the permit. The permittee and the agency shall

each append the notice to its copy of the stationary source's permit.

Subp. 11. Alternative scenarios. Terms and conditions allowing for reasonably

anticipated alternative operating scenarios identified by the stationary source in its application.

Such terms and conditions shall:

A. require the stationary source, contemporaneously with making a change from

one operating scenario to another, to record in a log at the permitted facility a record of the

scenario under which it is operating; and

B. ensure that the operation under each such alternative scenario complies with all

applicable requirements and the requirements of parts 7007.0100 to 7007.1850.

Subp. 12. Operation in more than one location. If requested by the applicant, the

permit may allow a stationary source to be operated in more than one location during the

course of the permit. No affected source shall be allowed this option. If more than one location

is authorized, the permit shall include the following:

A. identification of all geographic areas where the stationary source is authorized

to operate during the course of the permit;

B. conditions that will assure compliance with all applicable requirements at all

authorized locations;

C. requirements that the owner or operator notify the agency at least ten days in

advance of each change in location, providing the exact location where the source will operate

for all part 70 permits and at least 48 hours in advance of each change in location for all

other state permits; and

D. conditions that assure compliance with all other provisions of parts 7007.0100

to 7007.1850.

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Subp. 13. Permit duration. Each permit shall specify the duration of the permit, or

state that the permit is nonexpiring.

Subp. 14. Operation of control equipment. If the commissioner determines that

such provisions would substantially improve the likelihood of future permit compliance,

the permit may specify operating and maintenance requirements for each piece of control

equipment located at the stationary source or require the permittee to maintain an operation

and maintenance plan on site.

Subp. 15. Terms to include in reissuance. The permit shall indicate the terms that must

be included in any reissuance of the permit under part 7007.0450, subpart 3.

Subp. 16. General conditions. Permits issued by the agency under parts 7007.0100 to

7007.1850 shall include the following general conditions, either expressly or by reference

to this subpart.

A. Unchallenged provisions of this permit remain valid despite any successful

challenges to specific portions of the permit.

B. The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation of the state law and, if the provision is federally

enforceable, of the act. Such violation is grounds for enforcement action by the agency or

the EPA; or for permit termination, revocation and reissuance, or amendment; or for denial

of a permit reissuance application.

C. It is not a defense for a permittee in an enforcement action that it would have

been necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of this permit.

D. This permit may be reopened and amended or revoked for cause as provided

in parts 7007.1600 to 7007.1700. The filing of a request by the permittee for a permit

amendment, revocation and reissuance, or termination, or of a notification of planned changes

or anticipated noncompliance does not stay any permit condition, except as specifically

provided in part 7007.1450, subpart 7.

E. This permit does not convey any property rights of any sort, or any exclusive

privilege.

F. The permittee shall furnish to the agency, within a reasonable time, any

information that the agency may request in writing to determine whether cause exists for

reopening and amending or revoking the permit or to determine compliance with the permit.

Upon request, the permittee shall also furnish to the agency copies of records required to

be kept by the permittee.

G. The agency's issuance of a permit does not release the permittee from any

liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances,

except the obligation to obtain the permit or as specifically provided in the permit shield

provision and part 7007.1800.

H. The agency's issuance of a permit does not prevent the future adoption by the

agency of pollution control rules, standards, or orders more stringent than those now in

existence and does not prevent the enforcement of these rules, standards, or orders against

the permittee.

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I. The agency's issuance of a permit does not obligate the agency to enforce local

laws, rules, or plans beyond that authorized by Minnesota statutes.

J. The permittee shall at all times properly operate and maintain the facilities and

systems of treatment and control and the appurtenances related to them which are installed

or used by the permittee to achieve compliance with the conditions of the permit. Proper

operation and maintenance includes effective performance, adequate funding, adequate

operator staffing and training, and adequate laboratory and process controls, including

appropriate quality assurance procedures.

K. The permittee may not knowingly make a false or misleading statement,

representation, or certification in a record, report, plan, or other document required to be

submitted to the agency or to the commissioner by the permit. The permittee shall immediately

upon discovery report to the commissioner an error or omission in these records, reports, plans,

or other documents. The permittee may not falsify, tamper with, render inaccurate, or fail to

install any monitoring device or method required to be maintained or followed by the permit.

L. The permittee shall, when requested by the commissioner, submit within a

reasonable time any information and reports that are relevant to pollution or the activities

authorized under this permit.

M. If the permittee discovers, through any means, including notification by the

agency, that noncompliance with a condition of the permit has occurred, the permittee shall

immediately take all reasonable steps to minimize the adverse impact on human health or the

environment resulting from the noncompliance.

N. The permit is not transferable to any person except as provided in part 7007.1400,

subpart 1, item E.

O. The permit authorizes the permittee to perform the activities described in the

permit under the conditions of the permit. In issuing the permit, the state and agency assume

no responsibility for damages to persons, property, or the environment caused by the activities

of the permittee in the conduct of its actions, including those activities authorized, directed, or

undertaken under the permit. To the extent the state and agency may be liable for the activities

of its employees, that liability is explicitly limited to that provided in the Tort Claims Act,

Minnesota Statutes, section 3.736.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1775; 20 SR 2316; 22 SR 1237

7007.0801 CONDITIONS FOR AIR EMISSION PERMITS FOR WASTE

COMBUSTORS.

Subpart 1. Additional permit conditions. In addition to the conditions in part

7007.0800, an air emission permit for a waste combustor shall contain conditions as specified

in subpart 2 or 3. In amending, modifying, or reissuing a waste combustor's air emissions

permit which contains a provision that restricts mercury emissions from the facility, the

commission shall, at a minimum, continue that permit restriction at the same level unless the

applicant demonstrates that no good cause exists to do so.

Subp. 2. Mixed municipal solid waste or refuse-derived fuel waste combustors.

An air emissions permit for a waste combustor combusting mixed municipal solid waste or

refuse-derived fuel shall:

39
A. prohibit construction of the waste combustor unless the permittee has an ash

management method approved by the commissioner;

B. prohibit operation until the ash management facility approved in item A is

available to accept ash;

C. require measurement of the noncombustible fraction of solid waste;

D. provide a schedule for the testing of waste combustor ash as required in part

7035.2910;

E. require the implementation of an industrial waste management plan as described

in part 7011.1250;

F. for Class C, D, III, and IV waste combustors, require the implementation of a plan

as described in part 7011.1255 to identify, separate, and collect solid wastes which contain

mercury before the mercury is combusted; and

G. include operating conditions that ensure that the facility will continue to emit

mercury emissions less than 50 percent of the applicable standard if the waste combustor

elects to conduct mercury emissions testing as allowed in part 7011.1270 and Minnesota

Statutes, section 116.85. If the permit must be amended in order to include these conditions,

the procedures of part 7007.1400 shall be used.

Subp. 3. Waste combustors of nonmixed municipal solid waste. An air emissions

permit for a waste combustor which does not combust mixed municipal solid waste or

refuse-derived fuel shall:

A. prohibit initiation of operation of the waste combustor unless the permittee has

an ash management plan approved by the commissioner;

B. provide a schedule for testing of waste combustor ash;

C. require the implementation of an industrial waste management plan as described

in part 7011.1250;

D. require the implementation of a plan as described in part 7011.1255 to identify,

separate, and collect solid wastes which contain mercury before the mercury is combusted;

E. for Class IV waste combustors, require the installation and operation of

equipment necessary to achieve ambient pollutant concentrations that would have been

achieved with the use of the minimum stack height required in part 7011.1235, subpart 1; and

F. include operating conditions that ensure that the facility will continue to emit

mercury emissions less than 50 percent of the applicable standard if the waste combustor elects

to conduct annual mercury emissions testing as allowed in part 7011.1270 and Minnesota

Statutes, section 116.85. If the permit must be amended in order to include these conditions,

the procedures of part 7007.1400 shall be used.

Statutory Authority: MS s 116.07

History: 18 SR 2584; 22 SR 1975

7007.0850 PERMIT APPLICATION NOTICE AND COMMENT.

Subpart 1. Technical support document. For part 70 permits, the agency shall develop

a statement that sets forth the legal and factual basis for the draft permit conditions, including

40
references to the applicable statutory or regulatory provisions. The agency shall send this

statement to the EPA and to any other person who requests it.

Subp. 2. Public notice and comment.

A. The agency shall comply with the following procedures before issuing, reissuing,

or making a major amendment to any part 70 permit.

(1) The agency shall give notice:

(a) by publication in a newspaper of general circulation in the area

where the stationary source is located;

(b) in a list provided to the public by the agency upon request;

(c) to persons on a mailing list developed by the agency, including those

who request in writing to be on the list; and

(d) by other means if necessary to assure adequate notice to the affected

public.

(2) The notice shall identify the name and location of the facility to be

permitted; the name and address of the permittee; the name and address of the agency; the

activity or activities involved in the permit action; the emissions change involved in any

permit amendment; whether the facility has filed a pollution prevention progress report to

the commissioner as required by Minnesota Statutes, section 115D.08; the name, address,

and telephone number of a person from whom interested persons may obtain additional

information, including copies of the permit draft, the application, all relevant supporting

materials, and all other materials available to the agency that are relevant to the permit decision;

a brief description of the comment procedures required by this part; and the time and place

of any meeting or hearing that may be held, including a statement of procedures to request a

meeting or hearing under subpart 3, unless a meeting or hearing has already been scheduled.

(3) The agency shall provide at least 30 days for public comment and shall

give notice of any public informational meeting or contested case hearing at least 30 days

in advance of the meeting or hearing. The provisions of part 7001.0110 applies to public

comments received under this part.

(4) The agency shall keep a record of the commenters and also of the issues

raised during the public participation process, so that the administrator can determine whether

a citizen petition may be granted. The records shall be available to the public.

B. Before issuing or reissuing a state permit, the agency shall comply with the

procedures in item A, subitems (1) to (3). However, instead of providing notice in a newspaper

of general circulation as required by item A, subitem (1), unit (a), the agency may provide the

notice in the State Register or other EPA approved general circulation notice procedure. The

requirements of this item also apply to any major amendment to a state permit described in part

7007.1500, subpart 1, items C and D, if authorized or required by the administrator.

C. If the agency determines that a proposed major amendment to a state permit not

described in item B involves issues that generate or are likely to generate significant material

adverse comment from the public, based on previous adverse public comment on the proposed

amendment or related issues, the agency shall comply with the procedures of item A, subitems

(1) to (3), before issuing the amendment. However, the agency may provide the notice required

by this item in either a newspaper of general circulation or the State Register.

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D. (1) If the agency determines that a proposed minor or moderate amendment to a

permit involves issues that generate or are likely to generate significant material adverse

comment from the public, based on previous adverse public comment on the proposed

amendment or related issues, the agency shall comply with the procedures of item A, subitems

(1) to (3), before issuing the amendment. However, the agency may provide the notice required

by this item in either a newspaper of general circulation or the State Register.

(2) A proposed minor permit amendment may be made subject to the public

notice and comment procedures only if the agency notifies the permittee of its determination

within 15 working days of receiving the minor amendment application. If the permittee has

properly proceeded with a modification under part 7007.1450, subpart 7, before receiving

the agency's determination, the permittee will not be subject to enforcement action for

proceeding, but will be required to cease construction and operation of the modification within

a reasonable period. The agency will consult with the permittee on when it is reasonable to

cease construction and operation. A proposed moderate permit amendment may be made

subject to the public notice and comment procedures any time prior to the agency's issuance of

a letter of approval authorizing construction under part 7007.1450, subpart 7.

E. The agency shall upon request provide a list which summarizes current activities

involving permit applications, minor, moderate, and major amendment applications, and

requests for administrative amendments. The agency may use an electronic bulletin board in

lieu of a written list.

Subp. 3. Petitions for meetings and hearings. During the public comment period, a

person may, in regard to any draft permit or amendment subject to public notice under subpart

2, items A to D, petition for:

A. a public informational meeting pursuant to parts 7000.0650, subpart 4, and

7001.0110, subpart 3;

B. a contested case hearing pursuant to part 7000.1800; or

C. placement of the permit on the agenda of an agency board meeting pursuant to

part 7000.0650, subpart 3.

The decision to grant or deny the petition for a public informational meeting shall be based

on the criteria in part 7001.0120 and any meeting held shall be in accordance with that part.

The decision to grant or deny the petition for a contested case hearing shall be based on the

criteria in part 7000.1900 and any hearing held shall be in accordance with parts 7000.1700 to

7000.2200, and 7001.0130.

Subp. 4. Additional procedures for permits containing title I conditions. In

addition to the requirements of this part, the agency shall also comply with all other federal

requirements for public participation applicable to permits and permit amendments which

include title I conditions, including requirements in Code of Federal Regulations, title 40,

sections 51.102, 51.161, and 51.166(Q), as amended, to the extent applicable.

Statutory Authority: MS s 14.06; 116.07

History: 18 SR 1059; 19 SR 1310

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7007.0900 REVIEW OF PART 70 PERMITS BY AFFECTED STATES.

The agency shall give notice of each draft part 70 permit, or major amendment to a part

70 permit, to any affected state on or before the time that the agency provides this notice to

the public as required by part 7007.0850. The agency shall notify the administrator and any

affected state in writing of any refusal by the agency to accept all recommendations for the

proposed permit that the affected state submitted during the public comment period. The notice

shall include the agency's reasons for not accepting any such recommendation.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.0950 EPA REVIEW AND OBJECTION.

Subpart 1. Review by EPA.

A. The agency shall provide to the administrator a copy of the following documents,

unless the administrator agrees to accept a summary of the documents:

(1) for part 70 permits, each application for a permit or permit amendment,

each proposed permit or permit amendment, and each final permit or permit amendment; and

(2) for state permits, each application for a permit, each draft permit, each

final permit, each application for a major permit amendment described in part 7007.1500,

subpart 1, item C or D, and the draft and final versions of each such major permit amendment.

B. In the case of a part 70 permit, either:

(1) the draft permit or permit amendment must be provided to the

administrator at the beginning of the public comment period, and the proposed permit or permit

amendment must be provided to the administrator after the conclusion of public comment; or

(2) a permit or permit amendment that is identified as both a draft and a

proposed permit or permit amendment may be provided to the administrator at the beginning

of the public comment period, subject to the limitations of subpart 2. This document shall be

clearly identified as a draft/proposed permit or permit amendment. The public notice for the

draft/proposed permit or permit amendment shall state that the agency is seeking concurrent

review of the permit or permit amendment, and that the 30-day public review period and the

45-day EPA review period will begin at the same time.

C. In the case of a state permit, the draft permit or permit amendment may be

provided to the administrator at the same time the draft permit or permit amendment is offered

for public comment.

Subp. 2. EPA objection.

A. In the case of a part 70 permit, and except as provided in item B, the agency shall

not issue a permit or permit amendment if the administrator objects to its issuance in writing

within 45 days of receipt of the proposed permit or permit amendment and any necessary

supporting information.

B. In the case of a part 70 permit, when the administrator is provided with a

draft/proposed permit or permit amendment at the beginning of the public comment period, the

agency may issue the permit 45 days after the administrator's receipt of the draft/proposed

permit or permit amendment and any necessary supporting information except as provided

in subitem (1), (2), or (3).

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(1) If the agency makes changes to the draft/proposed permit or permit

amendment other than modifications that would meet the requirements for an administrative

amendment under part 7007.1400, subpart 1, the agency shall provide a revised proposed

permit or permit amendment to the administrator. The agency shall not issue the permit or

permit amendment if the administrator objects to its issuance in writing within 45 days of

receipt of the revised proposed permit or permit amendment and any necessary supporting

information.

(2) If, within 45 days of receipt of the draft/proposed permit or permit

amendment the administrator notifies the agency in writing that the administrator seeks

additional time for review, the agency shall not issue the permit or permit amendment if the

administrator objects to its issuance in writing within 45 days of the conclusion of the public

comment period.

(3) If the agency receives from the public any adverse comments on any

applicable requirement of the permit during the 30-day comment period, the agency shall

provide the comments to the administrator. The agency shall not issue the permit or permit

amendment if the administrator objects to its issuance in writing within 45 days of receipt of

the comments and, if applicable, the revised proposed permit or permit amendment and any

necessary supporting information.

C. In the case of a state permit, the agency shall not issue a permit, or an amendment

for which EPA review is provided under subpart 1, if the administrator objects to its issuance

in writing within 30 days of receipt of the draft permit or amendment and any necessary

supporting information.

Subp. 3. Public petitions to administrator regarding part 70 permits. If the

administrator does not object in writing to a part 70 permit or a major amendment to a part

70 permit under subpart 2, any person may petition the administrator within 60 days after

the expiration of the administrator's 45-day review period to make such objection. Any

such petition shall be based only on objections to the part 70 permit or the amendment

that were raised with reasonable specificity during the public comment period provided in

part 7007.0850, unless the petitioner demonstrates that it was impracticable to raise such

objections within such period, or unless grounds for such objection arose after such period.

If the administrator objects to the part 70 permit or the amendment as a result of a petition

filed under this subpart prior to agency issuance, the agency shall not issue the permit or

the amendment until the administrator's objection has been resolved. If the permit or the

amendment was issued prior to the administrator's objection but after the end of the EPA's

45-day review period, the agency shall reopen or revoke the permit or the amendment under

part 7007.1600 or 7007.1700 to satisfy the EPA's objection. Until amended or revoked, the

permit shall remain in effect. In any case, the stationary source will not be in violation of the

requirement to have submitted a timely and complete application. The administrator may also

amend, terminate, or revoke a part 70 permit under the administrator's authority under Code of

Federal Regulations, title 40, section 70.8(d), as amended.

Subp. 4. Additional procedures for permits containing title I conditions. In addition

to the requirements in subparts 1 to 3, the agency shall also comply with all other federal

requirements for EPA review applicable to permits and permit amendments which include

title I conditions.

44
Statutory Authority: MS s 116.07

History: 18 SR 1059; 28 SR 1482

7007.1000 PERMIT ISSUANCE AND DENIAL.

Subpart 1. Preconditions for issuance. The agency shall issue a permit or permit

amendment, or reissue a permit only if it determines that all of the following conditions have

been met:

A. The agency has received a complete application for a permit, permit amendment,

or permit reissuance, except that a complete application need not be received before issuance

of a general permit under part 7007.1100, subpart 4.

B. The agency has complied with the public participation procedures for permit

issuance, if required by part 7007.0850.

C. The agency has complied with the procedures for notifying and responding to

affected states, if required by part 7007.0900.

D. If the administrator's review is required by part 7007.0950, the administrator has

received a copy of the permit and any notices required and has not objected to issuance of the

permit within the time period specified, or the administrator has objected but the objection has

been resolved to the administrator's satisfaction.

E. The conditions of the permit provide for compliance with all applicable

requirements and the requirements of parts 7007.0100 to 7007.1850, or include a schedule to

achieve such compliance.

F. The permit does not reflect a variance from any federally enforceable applicable

requirement or requirement of parts 7007.0100 to 7007.1850.

G. The agency anticipates that the applicant will, with respect to the stationary

source and activity to be permitted, comply with all conditions of the permit.

H. All applicable provisions of Minnesota Statutes, chapter 116D, and the rules

adopted under Minnesota Statutes, chapter 116D, have been fulfilled.

Subp. 2. Grounds for denial. The following constitute grounds for the agency to refuse

to issue a new or modified permit, or to refuse permit reissuance:

A. The agency is unable to make any of the determinations required under subpart 1.

B. There exists at the stationary source to be permitted unresolved noncompliance

with applicable state or federal pollution control statutes or rules administered by the agency,

or conditions of a previous or existing air emission permit, and the applicant will not undertake

a schedule of compliance to resolve the noncompliance.

C. An applicant has failed to disclose fully all facts relevant to the stationary source

or activity to be permitted, or the applicant has knowingly submitted false or misleading

information to the agency.

D. The permitted facility or activity would endanger human health or the

environment and the danger cannot be removed by an amendment to the permit.

E. With respect to the stationary source or activity to be permitted, the applicant has

not complied with the requirement to pay fees under chapter 7002.

45
F. With respect to the stationary source or activity to be permitted, the applicant has

failed to pay a penalty owed pursuant to court order, consent decree, stipulation agreement,

schedule of compliance, or an order issued under Minnesota Statutes, section 116.072.

G. The applicant has failed to prepare a pollution prevention plan or submit a

pollution prevention progress report to the commissioner as required by Minnesota Statutes,

sections 115D.07 and 115D.08.

Subp. 3. No default issuance. Failure of the agency to act on a permit application shall

not be deemed issuance by default.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1050 DURATION OF PERMITS.

Subpart 1. Part 70 permits. A part 70 permit shall expire five years after issuance,

except for title I conditions as provided in subpart 4. The agency may issue part 70 permits

for stationary sources, other than affected sources, that expire in less than five years but not

less than three years if necessary to evenly distribute the rate of reissuance applications in

subsequent years and if the permittee consents.

Subp. 2. State permits and capped permits. A state permit or capped permit shall not

automatically expire unless the agency makes the permit an expiring one under subpart 5.

Subp. 3. General permits. A general permit that applies to any stationary sources that

would otherwise be required to have a part 70 permit shall expire five years after the date it is

issued under part 7007.1100, subpart 4. A general permit that only applies to stationary sources

that would otherwise be required to have a state permit shall not automatically expire unless

the agency makes the permit an expiring one under subpart 5.

Subp. 3a. Registration permits. A registration permit shall not expire.

Subp. 4. Title I conditions. Title I conditions, and the permittee's obligation to comply

with them, shall not expire, regardless of the expiration of the other conditions of the permit.

Subp. 5. Expiring state, capped, and general permits. The agency may elect to

make state permits, capped permits, and general permits (except general permits that apply

to stationary sources otherwise required to have a part 70 permit) expire five years or more

after issuance if the permittee requests an expiring permit or if the agency determines that an

expiring permit would significantly improve the likelihood of continuing compliance with

applicable requirements and the terms of the permit. Grounds for such a determination include,

but are not limited to, the following:

A. the stationary source has a history of noncompliance with applicable requirements

or with an air emissions permit;

B. the applicable requirements to which the stationary source is currently subject are

expected to change substantially within the next five years; or

C. the stationary source is likely to make substantial changes within the next five

years making it subject to additional applicable requirements.

46
This subpart does not apply to any title I condition.

Subp. 6. Effect of permit expiration. Except as provided in part 7007.0450, subpart 3,

permits issued under parts 7007.0100 to 7007.1850 shall expire at the expiration date stated in

the permit. Permit expiration terminates the stationary source's right to operate, even if the

permit contains title I conditions which do not expire.

Subp. 7. Voiding an existing permit. The agency shall void a permit issued under parts

7001.1200 to 7001.1220 or 7007.0050 to 7007.1850, if it determines that the stationary source

no longer requires the permit under existing law. A permittee may request the agency to void a

permit. An agency determination to void a permit under this subpart must be in writing and

shall explicitly identify the permit in question and state why the permit is no longer required.

The agency shall send any such determination to the permittee.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 23 SR 2224; 29 SR 626

7007.1075 PERMIT REQUIREMENTS FOR AFFECTED SOURCES.

Code of Federal Regulations, title 40, part 72, as amended, entitled "Permits Regulation,"

is adopted and incorporated by reference, for purposes of implementing an acid rain program

that meets the requirements of title IV of the act. The term "permitting authority" means the

agency. The provisions of this part apply to affected sources and take precedence if they

conflict with or are not included in parts 7007.0100 to 7007.1850.

Statutory Authority: MS s 116.07

History: 19 SR 1666

7007.1100 GENERAL PERMITS.

Subpart 1. Criteria. If the agency determines that numerous similar stationary sources

are subject to the same or substantially similar regulatory requirements, the agency may issue a

permit required under parts 7007.0200 and 7007.0250 in the form of a general permit applying

to multiple sources following the procedures in subparts 2 to 7. The agency may also issue

general permits under this part which apply only to specific portions of stationary sources,

including air pollution control equipment, if the specific portions are subject to the same or

substantially similar regulatory requirements. The agency shall not issue general permits

for affected sources under the acid rain program unless general permits are authorized by

regulations promulgated under title IV of the act (Acid Deposition Control).

Subp. 2. Public participation. The agency shall follow the same public participation

procedures in part 7007.0850, subparts 2 and 3, for individual permits except as stated

otherwise in this subpart. The notice of the agency's intent to publish a general permit need not

be published in newspapers of general circulation but shall be published in the State Register.

The notice need not include any facility specific information. The notice issued by the agency

shall identify criteria for stationary sources that qualify for the general permit and identify the

geographic area in which it applies. If the general permit is sector-based, the notice shall state

whether a stationary source holding a registration permit issued under parts 7007.1110 to

7007.1130 or a capped permit issued under parts 7007.1140 to 7007.1148 must apply for the

sector-based general permit. The agency need not comply with part 7007.0850, subpart 2, item

47
A, subitem (4), unless the stationary source category includes stationary sources subject to

the requirement to obtain part 70 permits.

Subp. 3. EPA and affected state review. If the stationary source category to which the

general permit applies includes stationary sources that would otherwise require individual part

70 permits, the agency shall comply with all provisions for EPA and affected state review and

objection in parts 7007.0900 and 7007.0950. The agency shall comply with provisions for

EPA review and objection under part 7007.0950 in the case of all other general permits.

Subp. 4. Issuance in general. Following the close of the comment period and any

public meeting or contested case hearing ordered, the agency may issue the general permit.

If the general permit applies to any stationary sources that would otherwise be required to

have a part 70 permit, the general permit shall include all requirements of parts 7007.0100 to

7007.1850 applicable to part 70 permits. All general permits shall include the requirements

applicable to state permits. However, nothing in this subpart shall be construed to require the

agency to include in the general permit stationary source specific information incompatible

with the concept of a general permit.

Subp. 5. Application. Stationary sources that would qualify for a general permit must

apply to the agency for coverage under the terms of the general permit or must apply for an

individual permit consistent with part 7007.0500. If a stationary source elects to apply for

coverage under the general permit, the stationary source must submit an application meeting

the requirements of parts 7007.0100 to 7007.1850, unless the agency states in the public

notice of the general permit that certain conditions do not apply. The application must include

all information necessary to determine qualification for, and to assure compliance with, the

general permit.

Subp. 6. Issuance of general permit to a stationary source. The agency may issue a

general permit to a stationary source without repeating the notice and comment procedures

required under part 7007.0850, subpart 2. However, the agency shall make available to the

public upon request a list of facilities for which a general permit application has been received.

Subp. 7. Permit shield. Notwithstanding the permit shield provisions of part 7007.1800,

a stationary source that obtains a general permit shall be subject to enforcement action for

operation without a permit if the stationary source is later determined not to qualify for the

conditions and terms of the general permit.

Subp. 8. Change of ownership or control of stationary source issued a general

permit. Prior to a change in the ownership or control of a stationary source issued a general

permit under this part, the new owner or operator must submit a change of ownership request

form provided by the commissioner. If the commissioner determines that the new owner or

operator meets the eligibility requirements of the general permit for general permit issuance,

then the commissioner shall issue the general permit to the new owner or operator. Issuance

of a general permit to the new owner or operator of an eligible stationary source voids

and supersedes the general permit of the previous owner or operator. If the commissioner

determines the new owner or operator does not meet the eligibility requirements, the new

owner or operator shall submit a permit application for a registration, state, or part 70 permit

within 120 days of the commissioner's written request for the application.

48
Statutory Authority: MS s 116.07

History: 18 SR 1059; 23 SR 2224; 29 SR 626; 32 SR 904

49
7007.1110 REGISTRATION PERMIT GENERAL REQUIREMENTS.

Subpart 1. Stationary sources that may obtain a registration permit. A stationary

source that qualifies for a registration permit under this part and part 7007.1115 (Option A),

7007.1120 (Option B), 7007.1125 (Option C), or 7007.1130 (Option D) may elect to apply

to the commissioner for a registration permit instead of a part 70, state, capped, or general

permit, except as provided in subpart 2.

Subp. 2. Stationary sources that may not obtain a registration permit.

A. A stationary source may not obtain a registration permit if it is required to obtain

a permit under parts 7007.0200, subpart 3 (acid rain affected sources), 7007.0200, subpart 4

(solid waste incinerators, waste combustors), 7007.0200, subpart 5 (other part 70 sources),

7007.0250, subpart 3 (state implementation plan required state permit), or 7007.0250, subpart

6 (waste combustors).

B. A stationary source may not obtain a registration permit if air quality specific

conditions or limits not contained in parts 7007.1110 to 7007.1130 were assumed:

(1) as a mitigation measure in an environmental impact statement;

(2) in obtaining a negative declaration in an environmental assessment

worksheet; or

(3) in demonstrating compliance with any state or national ambient air

quality standard.

C. A stationary source may not obtain a registration permit if it is subject to a

new source performance standard except when the stationary source is subject only to the

notification and record-keeping requirements of that standard, or when the standard is one of

the following:

(1) Code of Federal Regulations, title 40, part 60, subpart Dc, Standards

of Performance for Small Industrial-Commercial-Institutional Steam Generating Units

(incorporated by reference in part 7011.0570);

(2) Code of Federal Regulations, title 40, part 60, subpart K, Standards

of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

Reconstruction or Modification Commenced After June 11, 1973 and Prior to May 19, 1978

(incorporated by reference in part 7011.1520, item A);

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(3) Code of Federal Regulations, title 40, part 60, subpart Ka, Standards

of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

Reconstruction or Modification Commenced After May 18, 1978 and Prior to July 23, 1984

(incorporated by reference in part 7011.1520, item B);

(4) Code of Federal Regulations, title 40, part 60, subpart Kb, Standards

of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Storage

Vessels) for Which Construction, Reconstruction or Modification Commenced After July 23,

1984 (incorporated by reference in part 7011.1520, item C);

(5) Code of Federal Regulations, title 40, part 60, subpart DD, Standards of

Performance for Grain Elevators (incorporated by reference in part 7011.1005, subpart 2);

(6) Code of Federal Regulations, title 40, part 60, subpart EE, Standards

of Performance for Surface Coating of Metal Furniture (incorporated by reference in part

7011.2550);

(7) Code of Federal Regulations, title 40, part 60, subpart SS, Standards of

Performance for Industrial Surface Coating: Large Appliances (incorporated by reference

in part 7011.2565);

(8) Code of Federal Regulations, title 40, part 60, subpart JJJ, Standards of

Performance for Petroleum Dry Cleaners (incorporated by reference in part 7011.3250);

(9) Code of Federal Regulations, title 40, part 60, subpart OOO, Standards

of Performance for Nonmetallic Mineral Processors (incorporated by reference in part

7011.3350), except that a stationary source subject to this performance standard may not obtain

a registration permit if subpart 2b applies;

(10) Code of Federal Regulations, title 40, part 60, subpart TTT, Standards

of Performance for Industrial Surface Cleaning of Plastic Parts for Business Machines

(incorporated by reference in part 7011.2580);

(11) Code of Federal Regulations, title 40, part 60, subpart I, Standards of

Performance for Hot Mix Asphalt Facilities (incorporated by reference in part 7011.0909);

(12) Code of Federal Regulations, title 40, part 60, subpart GG, Standards of

Performance for Stationary Gas Turbines (incorporated by reference in part 7011.2350); and

(13) Code of Federal Regulations, title 40, part 60, subpart IIII, Standards of

Performance for Stationary Compression Ignition Internal Combustion Engines (incorporated

by reference in part 7011.3520), but only if the compression ignition internal combustion

engine has a displacement less than 30 liters per cylinder.

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:

A. the source qualifies for a sector-based state general permit available under part

7007.1100, unless specifically allowed under the general permit; or

B. the commissioner determines that site-specific 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 December 31, 2008.

55
Subp. 3. Registration permit application. Items A to D apply to registration permit

applications submitted under parts 7007.1110 to 7007.1130.

A. The owner or operator of a stationary source must apply for a registration permit

prior to the applicable deadline in parts 7007.0350 and 7007.0400. If the owner or operator has

submitted a complete application for a state, part 70, or general permit prior to the application

deadline in part 7007.0350 or 7007.0400 and is eligible for a registration permit, then the

owner or operator may apply for a registration permit and shall request to have the original

application voided.

B. The owner or operator of a stationary source must submit the registration permit

application on a standard application form provided by the commissioner. The commissioner

may create different application forms for the different registration permit options available

under parts 7007.1115 to 7007.1130.

C. Any owner or operator of a stationary source who fails to submit any relevant

facts or who has submitted incorrect information in an application for a registration permit

shall, upon becoming aware of such failure or incorrect information, promptly submit to the

commissioner such supplementary facts or corrected information. This requirement applies

both while the permit application is pending before the commissioner and after a registration

permit is issued.

D. If the commissioner determines during review of the application that additional

information is needed to evaluate the registration permit application or to verify that the

stationary source qualifies for a registration permit under parts 7007.1110 to 7007.1130, the

commissioner may request the information from the applicant, and the applicant shall submit

the information to the commissioner by the date specified in the request.

Subp. 4. Registration permit certifications. All registration permit applications,

reports, and record keeping, testing, or monitoring submittals to the commissioner under

parts 7007.1110 to 7007.1130 shall include a certification made by a responsible official.

The certification shall state that, based on information and belief formed after reasonable

inquiry, the statements and information in the document are true, accurate, and complete. The

certification that is submitted with a registration permit application must additionally state that

the stationary source will be operated in compliance with all applicable requirements, and shall

be signed by a responsible official of both the owner and the operator of the stationary source

if they are not the same.

Subp. 5. Registration permit issuance, denial, and revocation. The commissioner

shall issue a registration permit to the owner or operator of a stationary source if the owner or

operator has submitted a complete application for a registration permit and the commissioner

determines that the stationary source qualifies for the registration permit under parts 7007.1110

to 7007.1130 for which the application was submitted, and the commissioner anticipates that

the stationary source will comply with the registration permit. The commissioner shall deny an

application for a registration permit if the commissioner determines that the stationary source

does not qualify for the registration permit under parts 7007.1110 to 7007.1130 for which the

application was submitted or that the stationary source will not be able to comply with the

registration permit. The grounds for permit denial in part 7007.1000, subparts 1, item H, and

2, items B to G, also constitute grounds for the commissioner to deny a registration permit

application. The commissioner may revoke a registration permit, if the commissioner finds that

56
any of the grounds under subpart 16 or under part 7007.1700, subpart 1, exist, by following

the procedure in part 7007.1700, subpart 2.

Subp. 6. Registration permit content. A registration permit shall identify the stationary

source, the owner and operator of the stationary source, where the stationary source is allowed

to operate, and shall state as follows: "The permittee shall comply with Minnesota Rules,

part 7007.1110, part [insert 7007.1115, 7007.1120, 7007.1125, or 7007.1130, whichever one

applies], and all applicable requirements."

Subp. 7. Registration permit compliance requirements. The owner and operator of

the stationary source issued a registration permit, shall:

A. comply with this part, including the general conditions in subpart 21;

B. comply with part 7007.1115 (Option A), 7007.1120 (Option B), 7007.1125

(Option C), or 7007.1130 (Option D), whichever applies;

C. comply with all applicable requirements; and

D. if a stationary source qualifies for a registration permit, but has less than 12

months of emissions data, calculate the emission limit each month during normal operation

for the first 12 months under registration permit option C or D on a form provided by the

commissioner which uses one of the following formulas:

(1) N = 0.95 (annual limit in option C or D) + 0.0045 (annual limit in

option C or D)(n-1)

Where: n = number of months in operation;

N = emission limit for month n; or

(2) P = L/12

Where L = annual limit in option C or D.

P = the emission limit for each month.

The actual emissions for each month must be below the calculated emission limit, N or

P, for each pollutant.

Subp. 8. Emission inventory required for stationary sources issued registration

permits. The owner or operator of a stationary source issued a registration permit under

parts 7007.1110 to 7007.1130 must submit an annual emission inventory to the commissioner

under parts 7019.3000 to 7019.3100.

Subp. 9. Record retention, access to records, and inspections for stationary sources

issued registration permits.

A. The owner or operator of a stationary source issued a registration permit under

parts 7007.1110 to 7007.1130 must maintain at the stationary source, or at the main office

for an unattended stationary source, for a period of five years from the date the record was

made all information required to be recorded under applicable state and federal rules, and part

7007.1115, 7007.1120, 7007.1125, or 7007.1130, whichever part applies to the stationary

source. The owner or operator must make these records available for examination and

copying upon request of the commissioner, and must upon request submit these records to the

commissioner by the time specified by the commissioner in the request. A stationary source

with a registration permit may maintain records at an office of the owner or operator of the

stationary source for all years prior to the current calendar year of operation.

57
B. The owner or operator of a stationary source issued a registration permit under

parts 7007.1110 to 7007.1130 must provide the commissioner, or an authorized representative

or agent of the commissioner, access to the stationary source (including allowing the collection

of samples), and records to the extent provided under Minnesota Statutes, section 116.091, or

other law, upon presentation of credentials and other documents required by law.

Nothing in this subpart shall be read to limit the commissioner's, agency's, or

administrator's authority under Minnesota Statutes, section 116.091, section 114 of the act, or

other law.

Subp. 10. Changes or modifications at stationary sources issued registration permits

that trigger certain new source performance standards. If a change or modification made

at a stationary source issued a registration permit results in the stationary source being subject

to a new source performance standard listed under subpart 2, item C, or if the change or

modification adds an emissions unit subject to the standards listed in part 7007.0300, the owner

or operator must submit to the commissioner:

A. the information required by the standard in the time specified in the standard;

B. with the notice in item A, a written notice containing a description of the change

if the change triggers a new source performance standard; and

C. with the notice in item A, a copy of the applicable new source performance

standard, with the applicable portions of the new source performance standard (NSPS)

highlighted (including applicable parts of Code of Federal Regulations, title 40, part 60,

subpart A, General Provisions), or an NSPS checklist form provided by the commissioner that

identifies applicable portions of the new source performance standard.

Subp. 11. Change rendering stationary source ineligible for a registration permit or

that changes the applicable registration permit option. If the owner or operator makes a

change at a stationary source issued a registration permit which increases emissions, including

a change described in subpart 10, and results in the stationary source no longer being able

to qualify for or meet the requirements for its registration permit, and the change is not a

modification, as defined in part 7007.0100, subpart 14, then the owner or operator must:

A. within 30 days of making the change, submit a written notification to the

commissioner that includes a description of the change, and a statement of what type of permit

application the owner or operator will submit; and

B. if the change results in the requirement for the submittal of a registration permit

application under a different option, then the registration permit application shall be submitted

with the 30-day notice required under item A, or within 180 days of making the change, submit

the required part 70, state, or general permit application.

If the owner or operator fails to submit the required permit application in the time required

by this subpart, the owner or operator shall lose its right to operate the stationary source

and shall be considered to be in violation of part 7007.0150, subpart 1. Once a stationary

source has made a change rendering it ineligible for all registration permit options under parts

7007.1110 to 7007.1130, the stationary source may only become eligible for a registration

permit again if it meets the requirements of subpart 14.

58
Subp. 12. Modification rendering stationary source ineligible for its current

registration permit option. Items A to C apply to the owner or operator of a stationary

source that has been issued a registration permit and that wants to make a modification

which results in the stationary source no longer being able to meet the requirements for the

registration permit option for which it was issued a registration permit, but which will result in

the stationary source being eligible for another registration permit option.

A. The owner or operator must submit the required permit application to the

commissioner before beginning actual construction on the modification.

B. The owner or operator may begin actual construction on and start-up of

the modification proposed in the permit application seven working days after the permit

application is received by the commissioner.

C. Until the commissioner acts on the permit application, the owner or operator must

comply with the requirements of the registration permit option for which the owner or operator

applied, and all applicable requirements. During this time period, the owner or operator need

not comply with the registration permit requirements specific to the option under which the

owner or operator currently holds a registration permit.

Subp. 13. Modification rendering stationary source ineligible for a registration

permit. The owner or operator of a stationary source that has been issued a registration permit

must submit a part 70, state, or general permit application before making a modification which

results in the stationary source no longer qualifying for any registration permit option under

parts 7007.1110 to 7007.1130. The owner or operator may not begin actual construction on

the modification until the required part 70, state, or general permit for the stationary source

is obtained, or an installation and operation permit for the modification is obtained under

part 7007.0750, subpart 5. Once a stationary source has made a modification rendering it

ineligible for all registration permit options under parts 7007.1110 to 7007.1130, the stationary

source may only become eligible for a registration permit again if it meets the requirements

of subpart 14.

Subp. 14. Addition of control equipment, removal of emission units, or pollution

prevention practices which result in or reinstate registration permit eligibility. If

through the addition of listed control equipment, permanent removal of emissions units, or

implementation of pollution prevention practices the stationary source qualifies for or reinstates

eligibility for a registration permit under parts 7007.1110 to 7007.1130, the owner or operator

may apply for a registration permit. If the stationary source qualifies for or reinstates eligibility

for a registration permit due to implementation of pollution prevention practices, the owner or

operator shall submit a description of the pollution prevention practices with the registration

permit application for the commissioner's review and approval. For purposes of this subpart,

"pollution prevention practices" means eliminating or reducing the quantity or toxicity of

regulated air pollutants, or hazardous air pollutants that are not regulated air pollutants, used by

or emitted from the stationary source. Emission reductions are not reductions if the decrease is

solely the result of a decrease in production at the stationary source.

Subp. 15. Change of ownership or control of stationary source issued a registration

permit. Prior to a change in the ownership or control of a stationary source issued a registration

permit under parts 7007.1110 to 7007.1130, the new owner or operator must submit a change of

ownership request form provided by the commissioner. If the commissioner determines that the

new owner or operator meets the requirements of parts 7007.1110 to 7007.1130 for registration

59
permit issuance, then the commissioner shall issue the registration permit to the new owner or

operator. Issuance of a registration permit to the new owner or operator of an eligible stationary

source voids and supersedes the registration permit of the previous owner or operator.

Subp. 15a. Relocation of stationary source issued a registration permit. This subpart

does not apply if the registration permit already authorizes operation in more than one location

under subpart 20 and the proposed relocation is within the scope of that authorization. This

subpart applies only to a stationary source that has been issued a registration permit under parts

7007.1110 to 7007.1130 and that:

A. is relocating within or to an area that is classified as attainment with respect to

the National Ambient Air Quality Standards;

B. does not trigger the need for air dispersion modeling for the relocated source;

C. will qualify for the same type of registration permit at the new location; and

D. will not operate a stationary source in both the existing and new locations at the

same time for any period of time.

Prior to a change in the location of a stationary source that meets the criteria in items A to

D, the owner or operator must provide 45 days advance written notice to the commissioner,

stating the exact location where the source will operate. If any of items A to D are not met,

the owner or operator must obtain a new permit for the new location prior to operation in

the new location.

Subp. 16. Agency request for a different type of permit application. The owner or

operator shall submit an application for a part 70, state, capped, or general permit, or a different

registration permit option, within 120 days of the commissioner's written request for the

application if the commissioner determines that:

A. the stationary source has a history of noncompliance with applicable requirements

or with its registration permit;

B. the stationary source does not qualify for a registration permit;

C. the stationary source qualifies for a different registration permit option under

parts 7007.1110 to 7007.1130;

D. the applicable requirements to which the stationary source is subject are about

to or have changed substantially;

E. the permit application contains material mistakes or inaccurate statements related

to establishing eligibility for the emissions standards, limitations, or other terms or conditions

of the permit and correction of such mistakes or statements would result in ineligibility for the

permit applied for;

F. alterations or modifications to the permitted facility will result in or have the

potential to result in alteration in the nature or quantity of regulated air pollutants to be emitted

by the permittee such that the permittee is no longer eligible for the permit it holds; or

G. the commissioner receives information previously unavailable to the

commissioner that shows that the terms and conditions of the permit do not accurately

represent the actual circumstances of the permitted facility.

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Subp. 17. Voiding an existing permit. The commissioner shall void a part 70, capped,

or state permit for a stationary source which is issued a registration permit. A stationary source

which is covered under the terms of a general permit is no longer covered by the general permit

when it is issued a registration permit. The commissioner shall void a registration permit

issued under one registration permit option for a stationary source that is issued a registration

permit for a different registration permit option. The commissioner shall void a registration

permit for a stationary source that is issued a part 70, state, capped, or general permit.

Subp. 18. No circumvention; permit shield.

A. The owner or operator of a stationary source that obtains a registration permit

shall be subject to enforcement action for operation without a permit if the commissioner later

determines that the stationary source does not qualify for the registration permit.

B. The permit shield under part 7007.1800 shall not apply to registration permits.

Subp. 19. List of registration permit facilities. The commissioner shall make available

to the public upon request a list of facilities that have been issued registration permits under

parts 7007.1110 to 7007.1130.

Subp. 20. Operation in more than one location. If requested by the applicant, the

registration permit may allow a stationary source to be operated in more than one location. If

more than one location is proposed by the permittee, the permittee shall:

A. include in the application an identification of all geographic areas where the

stationary source is authorized to operate during the course of the permit; and

B. notify the commissioner at least 48 hours in advance of each change in location,

providing the exact location where the source will operate.

Subp. 21. Registration permit; general conditions. Registration permits issued by the

commissioner under parts 7007.1110 to 7007.1130 shall include the general conditions in items

A to O, which are included in the permit by reference to part 7007.1110 as a whole.

A. Unchallenged provisions of the permit remain valid despite any successful

challenges to specific portions of the permit.

B. The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation of state law and, if the provision is federally enforceable,

of the act. Such violation is grounds for enforcement action by the commissioner, the agency,

or the EPA; or for permit revocation.

C. It is not a defense for a permittee in an enforcement action that it would have

been necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of the permit.

D. The permit may be revoked for cause as provided in subpart 5. The filing

of a request by the permittee for a different type of permit, a different registration permit

option, for revocation or termination of this permit, or for a notification of planned changes or

anticipated noncompliance does not stay any permit condition, except as specifically provided

in subpart 12.

E. The permit does not convey any property right of any sort, or any exclusive

privilege.

F. The permittee shall furnish to the commissioner, within a reasonable time, any

information that the commissioner may request in writing to determine whether cause exists for

61
revoking the permit or to determine compliance with the permit. Upon request, the permittee

shall also furnish to the commissioner copies of records to be kept by the permittee.

G. The commissioner's issuance of the permit does not release the permittee from

any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local

ordinances, except the obligation to obtain a permit.

H. The commissioner's issuance of the permit does not prevent the future adoption

by the agency of pollution control rules, standards, or orders more stringent than those now

in existence and does not prevent the enforcement of these rules, standards, or orders against

the permittee.

I. The commissioner's issuance of the permit does not obligate the commissioner to

enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.

J. The permittee shall at all times properly operate and maintain the facilities and

systems of treatment and control and the appurtenances related to them which are installed

or used by the permittee to achieve compliance with the conditions of the permit. Proper

operation and maintenance includes effective performance, adequate funding, adequate

operator staffing and training, and adequate laboratory and process controls, including

appropriate quality assurance procedures.

K. The permittee may not knowingly make a false or misleading statement,

representation, or certification in a record, report, plan, or other document required to be

submitted to the commissioner by the permit. The permittee shall immediately upon discovery

report to the commissioner an error or omission in these records, reports, plans, or other

documents. The permittee may not falsify, tamper with, render inaccurate, or fail to install any

monitoring device or method required to be maintained or followed by the permit.

L. The permittee shall, when requested by the commissioner, submit within a

reasonable time any information and reports that are relevant to pollution or the activities

authorized under the permit.

M. If the permittee discovers, through any means, including notification by the

commissioner, that noncompliance with a condition of the permit has occurred, the permittee

shall immediately take all reasonable steps to minimize the adverse impact on human health or

the environment resulting from the noncompliance.

N. The permit is not transferable to any person.

O. The permit authorizes the permittee to perform the activities described in the

permit under the conditions of the permit. In issuing the permit, the state, the agency, and the

commissioner assume no responsibility for damages to persons, property, or the environment

caused by the activities of the permittee in the conduct of its actions, including those activities

authorized, directed, or undertaken under the permit. To the extent the state, the agency, and

the commissioner may be liable for the activities of its employees, that liability is explicitly

limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.376.

Subp. 22. Parts that do not apply to registration permits. Parts 7007.0500 to

7007.0950; 7007.1000, subpart 1; 7007.1100; 7007.1150 to 7007.1250; 7007.1350 to

7007.1650; and 7007.1800 do not apply to registration permits under parts 7007.1110 to

7007.1130.

Statutory Authority: MS s 116.07

62
History: 19 SR 1345; 20 SR 2316; 20 SR 2253(NO. 42); 21 SR 165; 23 SR 2224; 28

SR 1482; 29 SR 626; 32 SR 904

7007.1115 REGISTRATION PERMIT OPTION A.

Subpart 1. Eligibility. The owner or operator of a stationary source may apply for a

registration permit under this part if the stationary source is required to obtain a permit solely

because it is subject to a new source performance standard listed in part 7007.1110, subpart 2,

item C, and the owner or operator does not anticipate making changes in the next year which

will cause the stationary source to require a permit for other reasons. Insignificant activities at

the stationary source listed in part 7007.1300, subparts 2 and 3, and conditionally insignificant

activities, are not considered in the eligibility determination under this subpart.

Subp. 2. Application content. An application for a registration permit under this part

must contain the following:

A. information identifying the stationary source and its owner or operators,

including company name and address (plant name and address if different from the company

name), owner's name and agent, and contact telephone numbers, including names of plant site

manager or contact, and the person preparing the application if different;

B. a description of the stationary source's processes and products, by Standard

Industrial Classification (SIC) code; and

C. a copy of the applicable new source performance standards (NSPS) listed in

part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted,

including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General

Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility

as defined in Code of Federal Regulations, title 40, section 60.2.

Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3,

and conditionally insignificant activities, 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 must:

A. meet the eligibility requirements of subpart 1 at all times;

B. comply with part 7007.1110; and

C. comply with all applicable requirements, including new source performance

standards.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 21 SR 165; 27 SR 1579

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:

A. the stationary source purchases or uses less than 2,000 gallons of VOC-containing

materials on a calendar year basis;

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 are

63
from conditionally insignificant activities meeting the requirements of parts 7008.4000 and

7008.4110; and

C. the owner or operator does not anticipate making changes in the next 12

months which will cause the stationary source to purchase or use 2,000 gallons or more of

VOC-containing materials on a calendar year basis.

Subp. 2. Application content. An application for a registration permit under this part

must contain the following:

A. information identifying the stationary source and its owners or operators,

including company name and address (plant name and address if different from the company

name), owner's name and agent, and contact telephone numbers, including names of plant site

manager or contact, and the person preparing the application if different;

B. a description of the stationary source's processes and products by Standard

Industrial Classification (SIC) code;

C. a copy of the applicable new source performance standards (NSPS) listed in

part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted,

including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General

Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility

as defined in Code of Federal Regulations, title 40, section 60.2;

D. a statement of whether the owner or operator will base records required under

subpart 3 on the purchase or use of VOC-containing materials; and

E. the gallons of VOC-containing materials purchased or used in a calendar year.

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:

(1) the average monthly gallons purchased or used; or

(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 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:

A. calculate and record by April 1 of each calendar year the total amount of

VOC-containing materials purchased or used (whichever was stated in the permit application)

during the previous calendar year;

B. maintain the calculation itself and any receipts, invoices, or similar documents

used to determine the total amount of VOC-containing materials purchased or used in item A;

C. purchase or use (whichever was stated in the permit application) less than 2,000

gallons of VOC-containing materials each calendar year;

64
D. have emissions from the stationary source only from VOC-containing materials

or from insignificant activities under part 7007.1300, subparts 2 and 3, or from conditionally

insignificant activities described in and meeting the requirements of parts 7008.4000 and

7008.4110;

E. comply with part 7007.1110; and

F. comply with all applicable requirements, including new source performance

standards.

Subp. 4. Calculation method. For purposes of this part, "VOC-containing materials"

include hazardous air pollutant-containing VOC. Under this part, gallons of VOC equals

volume percentage of VOC multiplied by the gallons of VOC-containing material, except

that if the owner or operator ships VOC off-site for recycling, the amount recycled may be

subtracted from the amount of VOC used. "Recycling" means the reclamation or reuse,

as defined in part 7045.0020, of a VOC. If the owner or operator ships VOC off-site for

recycling, the owner or operator shall keep records of the amount of material shipped off-site

for recycling and the calculations done to determine the amount to subtract. Records may be

MSDS, invoices, shipping papers, or hazardous waste manifests.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579;

32 SR 904

7007.1125 REGISTRATION PERMIT OPTION C.

Subpart 1. Eligibility. The owner or operator of a stationary source may apply for a

registration permit under this part if the stationary source consists of only indirect heating

units (boilers), reciprocating internal combustion engines, and/or emissions from use of

VOC-containing materials, and meets the following criteria:

A. all emissions units at the stationary source are included under calculations 1, 2A,

2B, and 3 in subpart 4, are insignificant activities under part 7007.1300, subparts 2 and 3,

or are conditionally insignificant activities;

B. all fuels burned at the stationary source are listed in Table 1 or 2 of subpart 4;

C. the stationary source does not burn fuels which exceed the sulfur limits listed in

Table 1 or 2 in subpart 4;

D. the stationary source does not burn bituminous or subbituminous coal in hand-fed

boilers;

E. all VOC emissions from the stationary source are included under calculation 3 or

all VOC emissions from the stationary source are from conditionally insignificant activities in

compliance with parts 7008.4000 and 7008.4100;

F. the 12-month rolling sum of calculations determined under calculations 1, 2A,

2B, and 3 in subpart 4 is less than 50; and

G. the owner or operator does not anticipate making changes in the next 12 months

which will cause the stationary source to be ineligible for this type of registration permit

under items A to F.

Subp. 2. Application content. An application for a registration permit under this part

must contain the following:

65
A. information identifying the stationary source and its owners or operators,

including company name and address (plant name and address if different from the company

name), owner's name and agent, and contact telephone numbers, including names of plant site

manager or contact, and the person preparing the application if different;

B. a description of the stationary source's processes and products, by Standard

Industrial Classification (SIC) code;

C. a copy of the applicable new source performance standards (NSPS) listed in

part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted,

including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General

Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility

as defined in Code of Federal Regulations, title 40, section 60.2;

D. a statement of whether the owner or operator will base records required under

subpart 3 on the purchase or the use of VOC-containing materials, on the purchase or use of

fuels, and on hours of operation; and

E. the calculations required by subpart 4. If the stationary source has not been

operated, the owner or operator shall estimate the gallons of VOC-containing materials,

amount of fuels burned, and hours of operation on a 12-month rolling sum basis during normal

operation in performing the calculations required in subpart 4. If the stationary source has been

operated less than 12 months on the date of application under this part, the owner or operator

shall perform the calculation in subpart 4 by calculating gallons of VOC-containing materials

purchased or used, amount of fuels purchased or used, or hours of operation by multiplying

by 12 the larger of the following:

(1) the average monthly gallons of VOC-containing materials purchased or

used, amount of fuel purchased or used, or hours of operation;

(2) calculating an estimated monthly average for normal operations.

Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3,

and conditionally insignificant activities, are not required to be included in the application.

Subp. 3. Compliance requirements for Option C sources. Unless a stationary source

is eligible under subpart 3a, the owner or operator of a stationary source issued a registration

permit under this part shall comply with all of the requirements in items A to J.

A. If the stationary source determined eligibility in the permit application, in whole

or in part, by calculating VOC actual emissions from VOC-containing materials purchased

or used (whichever was stated in the permit application) in calculation 3 in subpart 4, the

owner or operator must:

(1) record by the last day of each month, the amount of each VOC-containing

material purchased or used (whichever was stated in the permit application) for the previous

month;

(2) maintain a record of the material safety data sheet (MSDS), or a signed

statement from the supplier stating the maximum VOC content, for each VOC-containing

material purchased or used (whichever was stated in the permit application); and

(3) using calculation 3 in subpart 4, recalculate and record by the last day of

each month the 12-month rolling sum of the actual VOC emissions from all VOC-containing

66
materials purchased or used (whichever was stated in the permit application) for the previous

12 months, the date the calculation was made, and the calculation itself.

B. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel burned in calculation 1 or 2A in subpart 4, the owner or operator must:

(1) for each unit type, record by the last day of each month the 12-month

rolling sum of the amount of each fuel purchased or used (whichever was stated in the permit

application) for the previous 12 months;

(2) record the sulfur content of each fuel purchased or used (whichever was

stated in the permit application), and maintain for each batch of fuel a record of the vendor

certifications of sulfur content or test results by an independent laboratory using the ASTM

method listed for the fuel in Table 1 or Table 2 (whichever applies), if a sulfur threshold is

stated for that fuel in Table 1 or 2 in subpart 4; and

(3) using calculations 1 and 2A in subpart 4, for each unit type, recalculate

and record by the last day of each month the 12-month rolling sum of emissions for the

previous 12 months, the date the calculation was made, and the calculation itself.

C. If the stationary source determined eligibility in the permit application, in whole

or in part, by using hours of operation in calculation 2B in subpart 4, the owner or operator

must, for each emissions unit included in calculation 2B:

(1) record each by the last day of each month the hours operated, rounded to

the nearest hour for the previous month; and

(2) using calculation 2B in subpart 4, recalculate and record by the last day of

each month the 12-month rolling sum of emissions for each emissions unit for the previous 12

months, the date the calculation was made, and the calculation itself.

D. The owner or operator must add together and record by the last day of each

month the 12-month rolling sum of the calculations made in items A to C for the previous 12

months. This sum is the eligibility number.

E. The owner or operator must not burn any fuels at the stationary source that are

not listed in Table 1 or Table 2 of subpart 4, or that exceed the sulfur content limits listed in

Table 1 or Table 2, and must not burn bituminous or subbituminous coal in any hand-fed

indirect heating unit (boiler).

F. The 12-month rolling sum determined by the calculation in item D, the eligibility

number, shall not exceed 50.

G. The owner or operator must have emissions from the stationary source only from

indirect heating units (boilers, except hand-fed boilers burning bituminous or subbituminous

coal), from reciprocating internal combustion engines, from insignificant activities under part

7007.1300, subparts 2 and 3, from conditionally insignificant activities, and/or from use of

VOC-containing materials.

H. The owner or operator must comply with part 7007.1110.

I. The owner or operator must comply with all applicable requirements, including

new source performance standards.

J. The owner or operator shall keep the following information on site for emission

points venting emission units included in subpart 4, calculation 1, which burn coal, coke,

wood, bark, number 5 or 6 residual oil, or number 4 distillate oil:

(1) the location of the emission points;

67
(2) the potential emissions, as defined in part 7007.0150, subpart 4, item A,

in pounds per hour of sulfur dioxide and PM-10; and

(3) the gas flow rate and temperature, stack height, and diameter.

Subp. 3a. Compliance requirements for low-emitting Option C sources. If the

eligibility number determined by the calculation in item D is less than 25 for the previous

calendar year, the owner or operator of a stationary source issued a registration permit under

this part shall comply with all of the requirements in items A to E.

A. If the stationary source determined eligibility in the permit application, in whole

or in part, by calculating VOC actual emissions from VOC-containing materials purchased

or used (whichever was stated in the permit application) in calculation 3 in subpart 4, the

owner or operator must:

(1) maintain records of the amount of each VOC-containing material

purchased or used (whichever was stated in the permit application) each calendar year;

(2) maintain a record of the material safety data sheet (MSDS), or a signed

statement from the supplier stating the maximum VOC content, for each VOC-containing

material purchased or used (whichever was stated in the permit application); and

(3) using calculation 3 in subpart 4, recalculate and record by April 1 of

each calendar year the sum of the actual VOC emissions from all VOC-containing materials

purchased or used (whichever was stated in the permit application), and the calculation itself

for the previous calendar year.

B. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel burned in calculation 1 or 2A in subpart 4, the owner or operator must:

(1) for each unit type, record by April 1 of each calendar year the sum of the

amount of each fuel purchased or used (whichever was stated in the permit application) for

the previous calendar year;

(2) record the sulfur content of each fuel purchased or used (whichever was

stated in the permit application), and maintain for each batch of fuel a record of the vendor

certifications of sulfur content or test results by an independent laboratory using the ASTM

method listed for the fuel in Table 1 or Table 2 in subpart 4 (whichever applies), if a sulfur

threshold is stated for that fuel in Table 1 or Table 2 in subpart 4; and

(3) using calculations 1 and 2A in subpart 4, for each unit type, recalculate

and record by April 1 of each calendar year the sum of emissions and the calculation itself for

the previous calendar year.

C. If the stationary source qualified in the permit application, in whole or in part, by

using hours of operation in calculation 2B in subpart 4, the owner or operator must, for each

emissions unit included in calculation 2B:

(1) record by April 1 of each calendar year the hours operated, rounded to the

nearest hour for the previous calendar year; and

(2) using calculation 2B in subpart 4, recalculate and record by April 1 of

each calendar year the sum of emissions for each emissions unit and the calculation itself for

the previous calendar year.

68
D. The owner or operator must add together and record by April 1 of each calendar

year the sum of the calculations made in items A to C. This sum, the eligibility number, shall

not exceed 25 to be eligible under this subpart. If the eligibility number exceeds 25, then the

owner or operator must comply with subpart 3 and have an eligibility number of less than 25

for two consecutive calendar years before eligibility for this subpart is reinstated.

E. The owner or operator must comply with subpart 3, items E and G to J.

Subp. 4. Tables and calculations. The tables and calculations in this subpart shall be

used to determine whether a stationary source is eligible for a registration permit under this

part. For the purposes for fuel specifications listed in calculations 1 and 2A, the Annual Book

of American Society for Testing and Materials Standards (ASTM), 100 Barr Harbor Drive,

West Conshocken, PA 19428-2959, volumes 4.05, 5.01, 5.03, and 5.05 (1993) are incorporated

by reference. ASTM is the author and publisher. These publications are available through the

Minitex interlibrary loan system (University of Minnesota Library). These documents are

subject to frequent change.

Calculation 1. Indirect Heating Emissions Units. For stationary sources with indirect

heating emissions units, multiply the 12-month rolling sum of each fuel used by the

multiplication factor (MF) listed in Table 1. Add the results of all the calculations to arrive at

the calculation 1 total. The following formula determines the calculation 1 total:

STEP 1: fuel type used (in units specified) x MF = fuel type total

STEP 2: fuel type 1 total + fuel type 2 total + ... fuel type n total = Calculation 1 total

TABLE 1

FUEL USED (units burned/year)-[specification] SULFUR

LIMIT

MULTIPLICATION

FACTOR

(MF)

anthracite coal (tons)-[ASTM D 388(Vol 05.05)] 2.38% 4.64E-02

bituminous coal (tons)-[ASTM D 388(Vol 05.05)] 2.10% 4.10E-02

sub bituminous coal (tons)-[ASTM D 388 (Vol 05.05)] 1.66% 2.91E-02

lignite A coal (tons)-[ASTM D 388(Vol 05.05)] 1.26% 1.89E-02

petroleum coke (tons)-[ASTM C 1160(Vol 04.05)] 2.33% 4.55E-02

untreated domestic wood and bark (tons)-[ASTM D 1165(Vol

04.09)]

n/a 8.40E-03

69
kerosene (gallons)-[ASTM D 3699(Vol 05.03)] 0.50% 3.59E-05

No. 1 and No. 2 distillate (gallons)-[ASTM D 396(Vol 05.01)] 0.50% 3.59E-05

No. 4 distillate (gallons)-[ASTM D 396(Vol 05.01)] 1.80% 1.40E-04

No. 5 and No. 6 residual (gallons)-[ASTM D 396(Vol 05.01)] 1.80% 1.46E-04

liquefied petroleum gas (LPG) (gallons)-[ASTM D 1835(Vol

05.01 and 05.05)]

n/a 1.05E-05

dry or commercial pipeline natural gas (cubic feet)-this must

be a mixture of ethane, methane, not more than five percent

propane and not more than one percent butane

n/a 1.40E-07

Calculation 2. Reciprocating Internal Combustion Engine Emission Units. A

stationary source with one or more reciprocating internal combustion (RIC) engines shall, for

each RIC engine, use either calculation 2A or 2B. Stationary sources with RIC engine emission

units burning fuels not listed in Table 2, however, must use calculation 2B.

Calculation 2A. RIC Engine Fuel Usage Calculation. For stationary sources with one or

more RIC engines, multiply the 12-month rolling sum of each fuel used by the multiplication

factor (MF) from Table 2. Add the results of each calculation to determine the total for that

RIC engine. The following formula determines the calculation 2A total:

STEP 1: fuel type used (in specified units) x MF = fuel type total

STEP 2: fuel type 1 total + fuel type 2 total + ... fuel type n total = Calculation 2A total

TABLE 2

FUEL USED (units burned/year)-[specification] SULFUR

LIMIT

MULTIPLICATION

FACTOR

(MF)

No. 1 and No. 2 diesel, and kerosene (gallons)-[ASTM 975(Vol

05.01)]

0.5% 3.09E-04

70
liquefied petroleum gas (LPG) (gallons)-[ASTM D 1835(Vol

05.01 and 05.05)]

n/a 6.95E-05

dry or commercial pipeline natural gas (cubic feet)-[as defined

in Table 1]

n/a 1.70E-06

Calculation 2B. RIC Engine Operating Hours Calculation. For stationary sources with

one or more RIC engines, multiply the design capacity of the engine in horsepower by the

12-month rolling sum of hours operated and by the multiplication factor 1.22E-05. The owner

or operator shall perform this calculation for each RIC engine, then add the results of all

the calculations to arrive at the calculation 2B total. The following formula determines the

calculation 2B total:

STEP 1: engine horsepower design capacity x hours operated x 1.22E-05 = RIC engine

total

STEP 2: RIC engine 1 total + RIC engine 2 total + ... RIC engine n total = Calculation 2B

total

Calculation 3. VOC Emissions Units. An owner or operator of a stationary source which

purchases or uses VOC-containing materials shall, for each material purchased or used which

contains VOC, multiply a factor of ten by the weight factor (WF) of the VOC in the material

(weight of VOC per weight of VOC-containing material) by the density of the material (in

pounds per gallon) by the 12-month rolling sum of gallons of that material purchased or used.

The owner or operator shall perform this calculation for each material purchased or used

which contains VOC (including VOC purchased or used for cleaning) and add the results of

the calculations to arrive at the calculation 3 total. In determining the WF and the density, the

owner or operator shall use the maximum listed in the material safety data sheets (MSDS) or a

signed statement from the supplier for each VOC-containing material. The following formula

determines the calculation 3 total:

STEP 1: 10 [WF x density of the material (lb/gal) x (1 ton/2,000 lb) x the 12-month rolling

sum of material purchased or used (gallons)] = material total

STEP 2: material 1 + material 2 + ... material n total = Calculation 3 total

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 December 31, 2008.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 21 SR 165; 23 SR 2224; 27 SR 1579; 32 SR 904

7007.1130 REGISTRATION PERMIT OPTION D.

Subpart 1. Eligibility. The owner or operator of a stationary source may apply for a

registration permit under this part if the stationary source meets the following criteria:

A. all emissions units at the stationary source are either included in calculations

in subpart 4, or are insignificant activities under part 7007.1300, subparts 2 and 3, or are

conditionally insignificant activities;

B. the 12-month rolling sum of actual emissions at the stationary source for each

pollutant are less than or equal to the thresholds in subpart 5; and

71
C. the owner or operator does not anticipate making changes in the next year which

will cause the stationary source's 12-month rolling sum of actual emissions to exceed any

threshold in tons per year listed in subpart 5.

Subp. 2. Application content. An application for a registration permit under this part

must contain all of the following requirements:

A. information identifying the stationary source and its owners or operators,

including company name and address (plant name and address if different from the company

name), owner's name and agent, and contact telephone numbers, including names of plant site

manager or contact, and the person preparing the application if different;

B. a description of the stationary source's processes and products, by Standard

Industrial Classification (SIC) code;

C. a copy of the applicable new source performance standards (NSPS) listed in

part 7007.1110, subpart 2, item C, with the applicable portions of the standards highlighted,

including applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General

Provisions, or an NSPS checklist form provided by the commissioner, for each affected facility

as defined in Code of Federal Regulations, title 40, section 60.2;

D. a statement of whether the owner or operator will base records required under

subpart 3 on the purchase or the use of VOC-containing or hazardous air pollutant-containing

materials and on the purchase or use of fuels;

E. the calculations required by subpart 4, and the total actual emissions per pollutant

that result from those calculations. A stationary source in which the only hazardous air

pollutant (HAP) emissions are VOC emissions and that has actual VOC emissions less than

five tons per year is not required to calculate emissions of HAPs. If the stationary source

has not been operated, the owner or operator shall estimate actual emissions during normal

operation in performing the calculations required by subpart 4. If the stationary source has

been operated less than 12 months on the date of application under this part, the owner or

operator shall estimate actual emissions by multiplying by 12 the larger of the following:

(1) the average monthly actual emissions; or

(2) the estimated average monthly actual emissions during normal operation;

F. if the calculations required by subpart 4 used control equipment efficiencies

for listed control equipment determined by part 7011.0070, a copy of the portion of the

control equipment manufacturer's specifications with the operating parameters required to be

monitored under part 7011.0080 highlighted, and if the efficiency is based on an alternative

control efficiency under part 7011.0070, subpart 2, a copy of the performance test plan with

the operating parameters highlighted. The owner or operator of a hot mix asphalt plant shall

provide a copy of the portion of the control equipment manufacturer's specifications with

the operating parameters required to be monitored under part 7011.0917, subpart 7, or the

information to support an alternative operating range required by part 7011.0917, subpart 1; and

G. if the calculations required by subpart 4 used emission factors established by

a performance test approved by the commissioner under parts 7017.2001 to 7017.2060 and

reflected use of control equipment that is not listed in part 7011.0070, a copy of the portion of

the control equipment manufacturer's specifications which includes the operating parameters.

If the emissions are discharged to the control equipment through a hood, then the owner or

72
operator must evaluate, on a form provided by the commissioner, whether the hood conforms

to the design and operating practices recommended in "Industrial Ventilation - A Manual of

Recommended Practice, American Conference of Governmental Industrial Hygienists," and

must include with the permit application the certification required in part 7011.0072, subpart 2.

Insignificant activities at the stationary source listed in part 7007.1300, subparts 2 and 3,

or conditionally insignificant activities, are not required to be included in the application.

Subp. 3. Compliance requirements for Option D sources. Unless a stationary source

is eligible under subpart 3a, the owner or operator of a stationary source issued a permit under

this part shall comply with all of the requirements in items A to L.

A. If the stationary source determined eligibility in the permit application, in

whole or in part, by calculating VOC and hazardous air pollutant actual emissions from

VOC-containing or hazardous air pollutant-containing materials, purchased or used (whichever

was stated in the permit application), the owner or operator must:

(1) record by the last day of each month, the amount of each VOC-containing

or hazardous air pollutant-containing material purchased or used (whichever was stated in

the permit application), and the VOC and hazardous air pollutant content for the previous

calendar month;

(2) maintain a record of the material safety data sheet (MSDS), or a signed

statement from the supplier stating the maximum VOC or hazardous air pollutant content,

for each VOC-containing or hazardous air pollutant-containing material purchased or used

(whichever was stated in the permit application);

(3) recalculate and record by the last day of each month the 12-month

rolling sum of actual VOC and hazardous air pollutant emissions from VOC-containing and

hazardous air pollutant-containing materials purchased or used (whichever was stated in

the permit application) for the previous 12 months, the date the calculation was made, and

the calculation itself; and

(4) if the owner or operator assumes a reduction of emissions in using the

materials balance method under subpart 4, item D, due to recycling of material off site, keep

records of the amount of material shipped off site for recycling and the calculations done to

determine the amount to subtract. Acceptable records include the material safety data sheets,

invoices, shipping papers, and hazardous waste manifests.

A stationary source in which the only hazardous air pollutant (HAP) emissions are VOC

emissions and that has actual VOC emissions less than five tons per year is not required to

maintain records and perform the calculations of HAPs emissions under subitems (1) to (3).

B. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel burned in the calculations in subpart 4, the owner or operator must:

(1) record by the last day of each month the amount of each fuel purchased or

used (whichever was stated in the permit application) for the previous month; and

(2) recalculate and record by the last day of each month the 12-month

rolling sum of emissions for the previous 12 months, the date the calculation was made, and

the calculation itself.

C. If the stationary source qualified in the permit application, in whole or in part, by

using hours of operation in the calculations in subpart 4, the owner or operator must:

73
(1) record by the last day of each month the hours operated for each emissions

unit, rounded to the nearest hour for the previous month; and

(2) recalculate and record by the last day of each month the 12-month

rolling sum of emissions for the previous 12 months, the date the calculation was made, and

the calculations itself.

D. If the stationary source determined eligibility in the permit application, in whole

or in part, by calculating actual emissions under subpart 4 based on the quantity of material

handled or throughput, or product produced, the owner or operator must:

(1) record by the last day of each month for each material handled or

throughput and for each product produced, the amount of the material handled or throughput

and the amount of product produced for the previous month; and

(2) recalculate and record by the last day of each month for each material

handled or throughput and for each product produced, the 12-month rolling sum of emissions

for the previous 12 months, the date the calculation was made, and the calculation itself.

E. The owner or operator must recalculate and record by the last day of each month,

pursuant to subpart 4, the 12-month rolling sum of actual emissions from the stationary source

for the previous 12 months, the date the calculation was made, and the calculation itself.

This calculation must include all emissions units at the stationary source and the information

required by subpart 4, item B, subitem (3), if continuous emissions monitor (CEM) data is used

in the calculation. This calculation need not include emissions from insignificant activities

under part 7007.1300, subparts 2 and 3, or conditionally insignificant activities.

F. If the stationary source qualified in the permit application, in whole or in part,

by using control equipment efficiencies for:

(1) listed control equipment determined under part 7011.0070, the owner or

operator shall comply with parts 7011.0060 to 7011.0080, except that the owner or operator of

a hot mix asphalt plant shall comply instead with part 7011.0917. If the calculations required

by subpart 4 used control equipment efficiencies based on an alternative control efficiency

under part 7011.0070, subpart 2, the owner or operator shall also comply with the operating

parameters of the performance test that established the alternative control efficiency; or

(2) control equipment that is not listed in part 7011.0070, the owner or

operator shall comply with subpart 6 and with the operating parameters of the performance test

that established the emission factor. The owner or operator may operate this control equipment

before conducting a performance test and establishing an emission factor, but the owner or

operator must calculate actual emissions assuming an uncontrolled emission factor for the

period of operation prior to the date the performance test is conducted.

G. The 12-month rolling sum of actual emissions from the stationary source

determined pursuant to subpart 4 must not exceed the thresholds in subpart 5 for any pollutant.

H. Comply with part 7007.1110.

I. Comply with all applicable requirements including new source performance

standards.

J. If the calculation of actual emissions required by subpart 2, item E, for the

application or by subpart 3, item E, for compliance verification exceeds five tons per year of

74
sulfur dioxide or particulate matter less than ten microns, the owner or operator shall keep the

following at the stationary source for all emission units venting to these emission points:

(1) the location of the emission points;

(2) the potential emissions, as defined in part 7007.0150, subpart 4, in pounds

per hour of sulfur dioxide and PM-10; and

(3) the gas flow rate and temperature, stack height, and diameter.

K. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel sulfur data in the calculations in subpart 4, the owner or operator must:

(1) record by the last day of each month the amount of each fuel burned for

each batch of fuel for the previous month;

(2) maintain a record of the fuel sulfur content verified by vendor certification

or measured by an independent laboratory using ASTM methods for each batch of fuel

received; and

(3) recalculate and record by the last day of each month the 12-month rolling

sum of SO2emissions for the previous 12 months, the date the calculation was made, and the

calculation itself using the calculation method in subpart 4.

L. If the stationary source determined eligibility in the permit application, in whole

or in part, by using hours of operation in the calculations in subpart 4, the owner or operator

must:

(1) record by the last day of each month the hours operated for each emissions

unit, rounded to the nearest hour for the previous month; and

(2) recalculate and record by the last day of each month the 12-month

rolling sum of emissions for the previous 12 months, the date the calculation was made, and

the calculation itself.

Subp. 3a. Compliance requirements for low-emitting Option D sources. If the actual

emissions for the previous calendar year of each pollutant are less than the emission eligibility

limits for each pollutant listed in Table 3A, then the owner or operator shall comply with all of

the requirements in items A to H.

A. If the stationary source determined eligibility in the permit application, in

whole or in part, by calculating VOC and HAP actual emissions from VOC-containing or

HAP-containing materials, purchased or used (whichever was stated in the permit application),

the owner or operator must:

(1) maintain records of the amount of each VOC-containing or

HAP-containing material purchased or used (whichever was stated in the permit application),

and the VOC content each calendar year;

(2) maintain a record of the material safety data sheet (MSDS), or a

signed statement from the supplier stating the maximum VOC or HAP content, for each

VOC-containing or HAP-containing material purchased or used (whichever was stated in

the permit application); and

(3) calculate and record by April 1 of each calendar year the sum of actual

VOC emissions and hazardous air emissions from VOC-containing and HAP-containing

materials purchased or used (whichever was stated in the permit application), and the

calculation itself for the previous calendar year.

75
A stationary source in which the only HAP emissions are VOC emissions and that has

actual VOC emissions less than five tons per year is not required to maintain records and

perform the calculations of HAP emissions under subitems (1) to (3).

B. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel burned in the calculations in subpart 4, the owner or operator must:

(1) maintain records of the amount of each fuel purchased or used each

calendar year (whichever was stated in the permit application); and

(2) calculate and record by April 1 of each calendar year the sum of the

emissions, and the calculation itself for the previous calendar year.

C. If the stationary source determined eligibility in the permit application, in whole

or in part, by using hours of operation in the calculations in subpart 4, the owner or operator

must:

(1) maintain records of the hours operated for each emissions unit for each

calendar year, rounded to the nearest hour; and

(2) calculate and record by April 1 each calendar year the sum of the

emissions, and the calculations itself for the previous calendar year.

D. If the stationary source determined eligibility in the permit application, in whole

or in part, by calculating actual emissions under subpart 4 based on the quantity of material

handled or throughput, or product produced, the owner or operator must:

(1) maintain records each calendar year of the amount of each material

handled or throughput and for each product produced, the amount of the material handled or

throughput, and the amount of product produced; and

(2) calculate and record by April 1 of each calendar year for each material

handled or throughput and for each product produced, the sum of the emissions and the

calculation itself for the previous calendar year.

E. By April 1 of each calendar year, the owner or operator must calculate and

record, pursuant to subpart 4, the sum of actual emissions from the stationary source, and the

calculation itself for the previous calendar year. This calculation must include all emissions

units at the stationary source, except for insignificant activities under part 7007.1300, subparts

2 and 3, and the information required by subpart 4, item B, subitem (3), if continuous emissions

monitor (CEM) data is used in the calculation. The sum of actual emissions for each pollutant

from the stationary source must not exceed the emission eligibility limits in Table 3A for any

pollutant. If the emission eligibility limit in Table 3A is exceeded for any pollutant, then the

stationary source is no longer eligible under this subpart and must comply with subpart 3

and have actual emissions for each pollutant below the eligibility limits in Table 3A for two

consecutive calendar years before eligibility for this subpart is reinstated.

F. The owner or operator must comply with subpart 3, items F and H to J.

TABLE 3A

OPTION D EMISSION ELIGIBILITY LIMITS FOR

REDUCED RECORD KEEPING

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POLLUTANT ELIGIBILITY LIMIT FOR REDUCED RECORD KEEPING

HAP 2.5 tons/year for a single HAP

6.25 tons/year total for all HAPs

PM 25 tons/year

PM-10 25 tons/year for an Attainment Area

0 tons/year for a Nonattainment Area

VOC 25 tons/year

SO2 25 tons/year

NOx 25 tons/year

CO 25 tons/year

Pb 0.05 tons/year

G. If the stationary source determined eligibility in the permit application, in whole

or in part, by using fuel sulfur data in the calculations in subpart 4, the owner or operator must:

(1) maintain records of the amount of each fuel burned for each batch of

fuel for each calendar year;

(2) maintain a record of the fuel sulfur content verified by vendor certification

or measured by an independent laboratory using ASTM methods for each batch of fuel

received; and

(3) calculate and record by April 1 of each calendar year the sum of

SO2emissions and the calculation itself for the previous calendar year using the calculation

method in subpart 4.

H. If the stationary source determined eligibility in the permit application, in whole

or in part, by using hours of operation in the calculations in subpart 4, the owner or operator

must:

(1) maintain records of the number of hours operated for each emissions unit,

rounded to the nearest hour for each calendar year; and

(2) calculate and record by April 1 of each calendar year the sum of emissions

and the calculation itself for the previous calendar year.

TABLE 3A

OPTION D EMISSION ELIGIBILITY LIMITS FOR

REDUCED RECORD KEEPING

POLLUTANT ELIGIBILITY LIMIT FOR REDUCED RECORD KEEPING

HAP 2.5 tons/year for a single HAP

6.25 tons/year total for all HAPs

77
PM 25 tons/year

PM-10 25 tons/year for an Attainment Area

0 tons/year for a Nonattainment Area

VOC 25 tons/year

SO2 25 tons/year

NOx 25 tons/year

CO 25 tons/year

Pb 0.05 tons/year

Subp. 4. Calculation of actual emissions. The owner or operator of a stationary

source may use a calculation worksheet provided by the commissioner for calculating actual

emissions under this part, or may use the calculation methods under items A to E. The owner or

operator must calculate actual emissions for each emissions unit, except that similar emissions

units may be aggregated for emission calculation purposes. The owner or operator of a

stationary source shall use the calculation method in item B instead of the calculation method

in item A if the data described in item B are available for the stationary source. The alternative

methods described in items C, D, and E may be used by the owner or operator without advance

notification to the commissioner. The commissioner shall reject data submitted using the

methods described in items B to E if the conditions set forth for the method are not fully met.

To prevent double counting of emissions, the owner or operator must select one calculation

method under this subpart for each emissions unit at the stationary source. Fugitive dust

emissions must be included in the calculations under this subpart only if the stationary source

is in a category listed in part 7007.0200, subpart 2, item B, subitems (1) to (27).

A. All calculations of actual emissions required under this part shall be based on the

stationary source's operating parameters, and must use the following equation:

E = OP x UEF x [1-CE], where

E = Actual Emissions in tons per year

OP = Operating Parameter as required by the Uncontrolled Emission Factor (hours of

operation or units produced)

UEF = Uncontrolled Emission Factor (pounds of pollutant per hour of operation or units

produced) as defined in part 7005.0100, subpart 10a, for uncontrolled emissions

CE = Control Efficiency (percent expressed as a decimal fraction of 1.00) determined

according to part 7011.0070 for listed control equipment.

B. If the owner or operator of the stationary source has collected emissions data

through use of a continuous emission monitor (CEM) in compliance with the preconditions

in subitems (1) and (2), the owner or operator shall use the CEM data to calculate actual

emissions, the calculation shall be based on all of the CEM data, and the following

requirements shall be met:

(1) the CEM has been certified by the commissioner;

(2) the CEM data have not been rejected by the commissioner due to failure

by the owner or operator to comply with all requirements of parts 7017.1002 to 7017.1220;

78
all applicable permit conditions; and any other applicable state or federal laws pertaining

to CEM operation;

(3) the total operating time of the applicable emissions unit and the total

operating time of the CEM for the previous 12 consecutive months must be included in the

permit application and in the monthly records required in subpart 3; and

(4) an explanation of how the emissions were calculated based on the CEM

data must be included in the permit application and in the monthly records required in subpart

3. In calculating actual emissions, the owner or operator must use the rated capacity of the flow

unless the CEM provides actual data on the flow rate. For periods when the CEM is down and

the emission unit is operating, the CEM data shall be substituted with emission data calculated

using data obtained from the CEM. The CEM must have recorded data for at least 90 percent

of the hours the emission unit was operated for the calendar year. The substitute CEM data

must be representative of emission unit operation and, if applicable, of the control equipment

operation during the period of CEM downtime. If substitute CEM data meeting these

conditions is not available, emissions during periods of CEM downtime shall be calculated

using emission factors as specified in item A or performance test data as specified in item C.

C. Emission factors from performance tests may be used for the calculation of actual

emissions, provided that:

(1) the emissions unit is either an uncontrolled unit (for the tested pollutant)

or is fitted with air pollution control equipment subject to the monitoring and record-keeping

requirements of parts 7011.0060 to 7011.0080 or is fitted with air pollution equipment that

has met the requirements of subpart 6; and

(2) the performance tests met all the requirements of parts 7017.2001 to

7017.2060, and all other applicable state rules and federal regulations governing performance

tests. The owner or operator of a stationary source that uses an emission factor developed from

a performance test shall use the calculation method under item A.

D. A material balance method may be used to calculate VOC actual emissions. The

owner or operator of a stationary source that uses material balance to calculate VOC actual

emissions shall determine total VOC actual emissions (E) using the following equation:

E = (a - b - c) x (1 - d), where

a = the amount of VOC entering the process. A signed statement from the supplier or

the material safety data sheet must be submitted stating the maximum amount of VOC in

any material that was used in the process.

b = the amount of VOC incorporated permanently into the product. This includes VOCs

chemically transformed in production. It does not include latent VOC remaining in the product

that will at some time be released to the atmosphere. An explanation of this calculation must

also be submitted.

c = the amount of VOC, if any, leaving the process as waste, or otherwise not incorporated

into the product and not emitted to the air.

d = the control efficiency (percent expressed as a decimal fraction of 1.00) determined

according to part 7011.0070.

E. The owner or operator of a stationary source may determine sulfur dioxide actual

emissions by measuring the sulfur content of the fuel and assuming that all of the sulfur

in the fuel is oxidized to sulfur dioxide. The sulfur content of each batch of fuel received

must be measured by an independent laboratory using ASTM methods or verified by vendor

79
certification. The sulfur dioxide actual emissions shall be determined for each batch of fuel

received by using the following equation:

SO2 = %S/100 x F/2,000 x 2, where

SO2 = Sulfur dioxide emissions from a batch of fuel in tons.

%S = Weight percent sulfur in the fuel being burned.

F = Amount of fuel burned by weight in pounds.

2,000 = Pounds per ton.

2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole.

The total sulfur dioxide emissions for the year shall be the sum total of the individual

batch totals.

Subp. 5. Emissions thresholds. The owner or operator must calculate actual emissions

for the stationary source using the calculations under subpart 4 and the calculated 12-month

rolling sum of actual emissions must be less than or equal to the thresholds listed in Table 3.

TABLE 3

OPTION D EMISSIONS THRESHOLDS

POLLUTANT THRESHOLD (ton/year)

HAP 5 tons/year for a single HAP

12.5 tons/year total for all HAPs

PM 50 tons/year

PM-10 50 tons/year for an Attainment Area

25 tons/year for a Nonattainment Area

VOC 50 tons/year

SO2 50 tons/year

NOx 50 tons/year

CO 50 tons/year

Pb 0.5 tons/year

Subp. 6. Control equipment general requirements for control equipment that is

not listed in part 7011.0070. If the stationary source qualified in the permit application, in

whole or in part, or demonstrates compliance, in whole or in part, by using an emission factor

determined through a performance test that reflects the use of control equipment that is not

listed in part 7011.0070, the owner or operator shall:

A. operate the control equipment whenever operating the emission units controlled

by the control equipment in compliance with this item. The control equipment shall at all times

be operated in the range established by the control equipment manufacturer's specifications for

80
each control equipment parameter that is required to be monitored by the approved test plan

during the performance test, or within the operating parameters set by the commissioner as the

result of the most recent performance test conducted under parts 7017.2001 to 7017.2060, if

those are more restrictive. The control equipment must have been manufactured by a control

equipment manufacturer as defined in part 7011.0060, subpart 3. The monitoring parameters

shall indicate that the control equipment is operating under the same conditions as during the

performance test. If the commissioner determines such monitoring parameters do not exist,

then an emission factor may not be established through a performance test under this part;

B. maintain the control equipment according to the requirements of part 7011.0075,

subpart 2;

C. operate the monitoring equipment for each parameter required to be monitored as

part of the approved test at all times the control equipment is required to operate;

D. record each parameter required to be monitored at least every 24 hours when in

operation or more frequently, if the commissioner determines that more frequent monitoring

is required to determine the control equipment is operating under the same conditions as

during the performance test;

E. report to the commissioner any recorded reading outside the specification or

range of specification of any monitored parameter required by the approved test plan in

accordance with the deadlines in part 7007.0800, subpart 6, item A, subitem (2), except that

owners or operators shall make this report only if a deviation occurred in the reporting period;

F. conduct additional performance tests, upon request of the commissioner or the

administrator, to verify the accuracy of the emission factor or for any of the reasons specified

in part 7017.2020, subpart 1;

G. in the event of a shutdown or breakdown of control or process equipment

or deviations which would endanger human health or the environment, comply with part

7019.1000;

H. recalculate the actual emissions if the owner or operator becomes aware of

information indicating that the emission factor determined through the performance test is no

longer representative; and

I. if the emissions are discharged to the control equipment through a hood, maintain

at the stationary source the evaluation of each hood, and record each month the fan rotation

speed, fan power draw, or face velocity of each hood, or other comparable air flow indication

method.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 20 SR 2253(NO. 42); 21 SR 165; 22 SR 1237; 23 SR

1764; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904

7007.1140 CAPPED PERMIT ELIGIBILITY REQUIREMENTS.

Subpart 1. Sources that may obtain a capped permit. A stationary source that qualifies

for capped permit option 1 under part 7007.1141, subpart 1, or capped permit option 2 under

part 7007.1141, subpart 2, may elect to apply to the commissioner for a capped permit instead

of a part 70, state, registration, or general permit, except as provided in item B. The owner or

operator of a stationary source may apply for a capped permit under this part if the stationary

source meets the following criteria:

81
A. An owner or operator applies for capped permit option 1 or capped permit option

2 and meets the requirements of subitems (1) or (2).

(1) For option 1, all emissions units at the stationary source are either

included in calculations in part 7007.1146; are insignificant activities under part 7007.1300,

subpart 2; or are insignificant activities under part 7007.1300, subpart 3, for which emission

factors or other calculation methods do not exist.

(2) For option 2, all emissions units at the stationary source are either

included in calculations in part 7007.1146, or are insignificant activities under part 7007.1300,

subpart 2 or 3, or are conditionally insignificant activities described in chapter 7008.

B. The 12-month rolling sum of actual emissions at the stationary source for each

pollutant is less than or equal to the thresholds in option 1 or option 2. If the source has not

been operated or has operated for less than 12 months, the 12-month sum of estimated actual

emissions is less than or equal to the thresholds in part 7007.1141.

C. The owner or operator does not anticipate making changes in the next year which

will cause the stationary source's 12-month rolling sum of actual emissions to exceed any

threshold in tons per year listed in part 7007.1141.

D. The owner or operator complies with part 7007.1148, ambient air quality

assessment.

Subp. 2. Sources that may not obtain a capped permit.

A. A stationary source may not obtain a capped permit if it is required to obtain

a permit under parts 7007.0200, subpart 3, acid rain affected sources; 7007.0200, subpart 4,

solid waste incinerators and waste combustors; 7007.0200, subpart 5, other part 70 sources;

7007.0250, subpart 3, state implementation plan required state permit; or 7007.0250, subpart

6, waste combustors.

B. A stationary source may not obtain a capped permit if air quality specific

conditions or limits not contained in parts 7007.1140 to 7007.1148 were assumed:

(1) as a mitigation measure in an environmental impact statement;

(2) in obtaining a negative declaration in an environmental assessment

worksheet; or

(3) in demonstrating compliance with any state or national ambient air

quality standards.

C. A stationary source may not obtain a capped permit if it produces fuel grade

ethanol or if a sector-based state general permit is available except as allowed under part

7007.1100, subpart 2.

D. A stationary source may not obtain a capped permit if the commissioner

determines site-specific permit requirements are needed to ensure compliance with applicable

requirements or to protect human health or the environment.

E. No stationary source may obtain a capped permit if it is subject to a new source

performance standard other than one of the following:

(1) Code of Federal Regulations, title 40, part 60, subpart Dc, Standards

of Performance for Small Industrial-Commercial-Institutional Steam Generating Units,

incorporated by reference in part 7011.0570;

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(2) Code of Federal Regulations, title 40, part 60, subpart I, Standards of

Performance for Hot Mix Asphalt Facilities, incorporated by reference in part 7011.0909;

(3) Code of Federal Regulations, title 40, part 60, subpart K, Standards

of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

Reconstruction or Modification Commenced After June 11, 1973, and Prior to May 19, 1978,

incorporated by reference in part 7011.1520, item A;

(4) Code of Federal Regulations, title 40, part 60, subpart Ka, Standards

of Performance for Storage Vessels for Petroleum Liquids for Which Construction,

Reconstruction or Modification Commenced after May 18, 1978, and Prior to July 23, 1984,

incorporated by reference in part 7011.1520, item B;

(5) Code of Federal Regulations, title 40, part 60, subpart Kb, Standards

of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Storage

Vessels) for Which Construction, Reconstruction or Modification Commenced After July 23,

1984, incorporated by reference in part 7011.1520, item C;

(6) Code of Federal Regulations, title 40, part 60, subpart DD, Standards of

Performance for Grain Elevators, incorporated by reference in part 7011.1005, subpart 2;

(7) Code of Federal Regulations, title 40, part 60, subpart EE, Standards

of Performance for Surface Coating of Metal Furniture, incorporated by reference in part

7011.2550;

(8) Code of Federal Regulations, title 40, part 60, subpart GG, Standards of

Performance for New Stationary Gas Turbines, incorporated by reference in part 7011.2350;

(9) Code of Federal Regulations, title 40, part 60, subpart SS, Standards of

Performance for Industrial Surface Coating: Large Appliances, incorporated by reference in

part 7011.2565;

(10) Code of Federal Regulations, title 40, part 60, subpart XX, Standards of

Performance for New Bulk Gasoline Terminals, incorporated by reference in part 7011.1550;

(11) Code of Federal Regulations, title 40, part 60, subpart JJJ, Standards of

Performance for Petroleum Dry Cleaners, incorporated by reference in part 7011.3250;

(12) Code of Federal Regulations, title 40, part 60, subpart TTT, Standards

of Performance for Industrial Surface Cleaning of Plastic Parts for Business Machines,

incorporated by reference in part 7011.2580; and

(13) Code of Federal Regulations, title 40, part 60, subpart IIII, Standards of

Performance for Stationary Compression Ignition Internal Combustion Engines, incorporated

by reference in part 7011.3520, but only if the compression ignition internal combustion

engine has a displacement less than 30 liters per cylinder or is an emergency engine with a

displacement greater than 30 liters per cylinder.

Statutory Authority: MS s 116.07

History: 29 SR 626; 32 SR 904

7007.1141 CAPPED PERMIT EMISSION THRESHOLDS.

Subpart 1. Option 1 emission thresholds.

A. HAP, 9.0 tons per year for a single HAP, 20 tons per year total for all HAPs;

B. PM, 90 tons per year;

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C. PM-10, 90 tons per year;

D. VOC, 90 tons per year;

E. SO2, 90 tons per year;

F. NOx, 90 tons per year;

G. CO, 90 tons per year; and

H. Pb, 0.50 tons per year.

Subp. 2. Option 2 emission thresholds.

A. HAP, 8.0 tons per year for a single HAP, 20 tons per year total for all HAP's;

B. PM, 75 tons per year;

C. PM-10, 75 tons per year;

D. VOC, 85 tons per year;

E. SO2, 90 tons per year;

F. NOx, 85 tons per year;

G. CO, 85 tons per year; and

H. Pb, 0.50 tons per year.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1142 CAPPED PERMIT ISSUANCE AND CHANGE OF PERMIT STATUS.

Subpart 1. Capped permit issuance, denial, and revocation. The commissioner shall

issue a capped permit to the owner or operator of a stationary source if the owner or operator

has submitted a complete application for a capped permit, the commissioner determines that

the stationary source qualifies for the capped permit option under parts 7007.1140 to 7007.1148

for which the application was submitted, and the commissioner anticipates that the stationary

source will comply with the capped permit. The commissioner shall deny an application for

a capped permit if the commissioner determines that the stationary source does not qualify

for the capped permit option under parts 7007.1140 to 7007.1148 for which the application

was submitted or that the stationary source will not be able to comply with the capped permit.

The grounds for permit denial in parts 7007.1000, subpart 1, item H, and part 7007.1000,

subpart 2, items B to G, also constitute grounds for the commissioner to deny a capped permit

application. The commissioner may revoke a capped permit, if the commissioner finds that

any of the grounds under subpart 6 or under part 7007.1700, subpart 1, exist, by following

the procedure in part 7007.1700, subpart 2.

Subp. 2. Changes or modifications rendering stationary source ineligible for its

current capped permit option. If the owner or operator intends to make a change or

modification at a stationary source issued a capped permit which results in the stationary

source becoming ineligible for that permit option or being unable to meet the requirements for

that permit option, but which will result in the stationary source being eligible for the other

capped permit option, then the owner or operator must comply with items A to C.

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A. The owner or operator must submit the required permit application to the

commissioner before making the change or beginning actual construction on the modification.

The public participation process in part 7007.1144 does not apply to applications in which a

stationary source is transferring from one capped permit option to another.

B. The owner or operator may make the change or begin actual construction on and

start-up of the modification proposed in the permit application seven working days after the

permit application is received by the commissioner.

C. Until the commissioner acts on the permit application, the owner or operator must

comply with the requirements of the capped permit option for which the owner or operator

applied, and all applicable requirements. During this time period, the owner or operator need

not comply with the capped permit requirements specific to the option under which the owner

or operator currently holds a capped permit.

Subp. 3. Changes or modifications rendering stationary source ineligible for either

capped permit option. The owner or operator of a stationary source that has been issued a

capped permit must submit a registration, part 70, state, or general permit application before

making a change or modification which results in the stationary source no longer qualifying for

either capped permit option under parts 7007.1140 to 7007.1148. The owner or operator may

not begin actual construction on the modification until the required registration, part 70, state,

or general permit for the stationary source is obtained, or an installation and operation permit

for the modification is obtained under part 7007.0750, subpart 5. Once a stationary source has

made a change or modification rendering it ineligible for either capped permit option under

parts 7007.1140 to 7007.1148, the stationary source may only become eligible for a capped

permit again if it meets the requirements of subpart 4.

Subp. 4. Reinstatement of eligibility for capped permit through addition of air

pollution control equipment, removal of emission units, or implementation of pollution

prevention practices. If through the addition of listed control equipment as defined in part

7011.0060, permanent removal of emissions units, or implementation of pollution prevention

practices the stationary source reinstates eligibility for a capped permit under parts 7007.1140

to 7007.1148, the owner or operator may reapply for a capped permit. If the stationary

source reinstates eligibility for a capped permit due to implementation of pollution prevention

practices, the owner or operator shall submit a description of the pollution prevention practices

with the capped permit application for the commissioner's review and approval. For purposes

of this subpart, "pollution prevention practices" means eliminating or reducing at the source the

quantity or toxicity of regulated air pollutants, or hazardous air pollutants that are not regulated

air pollutants, used by or emitted from the stationary source. Emission reductions are not

reductions if the decrease is solely the result of a decrease in production at the stationary source.

Subp. 5. Change of name, ownership, or control of stationary source issued a

capped permit.

A. Prior to a change of the name of the stationary source or any mailing address listed

in the permit, the owner or operator must submit a request for change of the name or address

on a form provided by the commissioner. The commissioner shall reissue the capped permit to

the owner or operator with the changed name or mailing address. Issuance of a capped permit

with a new name or mailing address voids and supersedes the previously issued capped permit.

B. Prior to a change in the ownership or control of a stationary source issued a

capped permit under parts 7007.1140 to 7007.1148, the new owner or operator must submit a

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request for change of the owner or operator on a form provided by the commissioner. If the

commissioner determines that the new owner or operator meets the requirements of parts

7007.1140 to 7007.1148 for capped permit issuance, then the commissioner shall issue the

capped permit to the new owner or operator. Issuance of a capped permit to the new owner

or operator of an eligible stationary source voids and supersedes the capped permit of the

previous owner or operator.

Public participation procedures in part 7007.1144 do not apply to the issuance of a capped

permit for a change of stationary source name, mailing address, ownership, or control.

Subp. 6. Agency request for different type of permit application. The owner or

operator shall submit an application for a part 70, state, or general permit, or a different capped

permit option, within 120 days of the commissioner's written request for the application if

the commissioner determines that:

A. the stationary source has a history of noncompliance with applicable requirements

or with its capped permit;

B. the stationary source no longer qualifies for its capped permit;

C. the stationary source qualifies for the other capped permit option under parts

7007.1140 to 7007.1148;

D. the applicable requirements to which the stationary source is subject are about

to or have changed substantially;

E. the permit application contains material mistakes or inaccurate statements

to establish eligibility for the emissions standards, limitations, or other terms or conditions

of the permit;

F. alterations or modifications to the permitted facility will result in or have the

potential to result in significant alteration in the nature or quantity of regulated air pollutants

to be emitted by the permittee; or

G. the commissioner receives information previously unavailable to the

commissioner that shows that the terms and conditions of the permit do not accurately

represent the actual circumstances relating to the permitted facility.

Subp. 7. Voiding an existing permit. The commissioner shall void a part 70, state, or

registration permit for a stationary source which is issued a capped permit. A stationary source

that is covered under the terms of a general permit is no longer covered by the general permit

when it is issued a capped permit. The commissioner shall void a capped permit issued under

one capped permit option for a stationary source that is issued a capped permit for a different

capped permit option. The commissioner shall void a capped permit for a stationary source

that is issued a registration, part 70, state, or general permit.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1143 CAPPED PERMIT GENERAL REQUIREMENTS.

Subpart 1. Capped permit certifications. A responsible official, as defined in part

7007.0100, subpart 21, shall sign and certify any capped permit application, report, compliance

certifications, and record keeping, testing, or monitoring submitted pursuant to parts 7007.1140

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to 7007.1148 with regard to truth, accuracy, and completeness. The certification and any other

certification required by parts 7007.1140 to 7007.1148 must state that, based on information

and belief formed after reasonable inquiry, the statements and information in the document

are true, accurate, and complete. The certification that is submitted with a capped permit

application must additionally state that the stationary source will be operated in compliance

with all applicable requirements, and must be signed by a responsible official of both the owner

and the operator of the stationary source if they are not the same.

Subp. 2. Capped permit content. A capped permit must identify the stationary source,

the owner and operator of the stationary source, where the stationary source is allowed to

operate, and shall state as follows: "The permittee shall comply with Minnesota Rules, parts

7007.1140 to 7007.1148, that pertain to capped permit [insert option 1 or option 2 whichever

one applies], and all applicable requirements, including development of a compliance plan and

all record keeping, monitoring, and reporting described in parts 7007.1140 to 7007.1148."

Subp. 3. Emission inventory required for stationary sources issued capped permits.

The owner or operator of a stationary source issued a capped permit under parts 7007.1140

to 7007.1148 must submit an annual emission inventory to the commissioner under parts

7019.3000 to 7019.3100.

Subp. 4. Record retention, access to records, and inspections for stationary sources

issued capped permits.

A. The owner or operator of a stationary source issued a capped permit under parts

7007.1140 to 7007.1148 must maintain at the stationary source for a period of five years

from the date the record was made all information required to be recorded under applicable

state and federal rules and parts 7007.1140 to 7007.1148. The owner or operator must make

these records available for examination and copying upon request of the commissioner, and

must upon request submit these records to the commissioner by the time specified by the

commissioner in the request. A stationary source with a capped permit may maintain records

at an office of the owner or operator of the stationary source for all years prior to the current

calendar year of operation.

B. The owner or operator of a stationary source issued a capped permit under parts

7007.1140 to 7007.1148 must provide the commissioner, or an authorized representative or

agent of the commissioner, access to the stationary source, including allowing the collection

of samples, and records to the extent provided under Minnesota Statutes, section 116.091, or

other law, upon presentation of credentials and other documents required by law.

C. Nothing in this subpart shall be read to limit the commissioner's, agency's, or

administrator's authority under Minnesota Statutes, section 116.091, section 114 of the act, or

other law.

Subp. 5. No circumvention; permit shield.

A. The owner or operator of a stationary source that obtains a capped permit

is subject to enforcement action for operation without a permit if the commissioner later

determines that the stationary source does not qualify for the capped permit.

B. The permit shield under part 7007.1800 does not apply to capped permits.

Subp. 6. Operation in more than one location. If requested by the applicant, the capped

permit may allow a stationary source to be operated in more than one location. If more than

one location is proposed by the owner or operator, the owner or operator shall include in the

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application an identification of all geographic areas where the stationary source is authorized

to operate during the course of the permit.

Subp. 7. Capped permit general conditions. Capped permits issued by the

commissioner under parts 7007.1140 to 7007.1148 must include the general conditions in

items A to O, which are included in the permit by reference to this part as a whole.

A. Unchallenged provisions of the permit remain valid despite any successful

challenges to specific portions of the permit.

B. The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation of state law and, if the provision is federally enforceable,

of the act. The violation is grounds for enforcement action by the commissioner, the agency, or

the EPA or for permit revocation.

C. It is not a defense for a permittee in an enforcement action that it would have

been necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions of the permit.

D. The permit may be revoked for cause as provided in part 7007.1142, subpart

1. The filing of a request by the permittee for a different type of permit, a different capped

permit option, revocation or termination of the permit, or a notification of planned changes or

anticipated noncompliance does not stay any permit condition, except as specifically provided

in part 7007.1142, subpart 2.

E. The permit does not convey any property right of any sort or any exclusive

privilege.

F. The permittee shall furnish to the commissioner, within a reasonable time, any

information that the commissioner may request in writing to determine whether cause exists for

revoking the permit or to determine compliance with the permit. Upon request, the permittee

shall also furnish to the commissioner copies of records to be kept by the permittee.

G. The commissioner's issuance of the permit does not release the permittee from

any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local

ordinances, except the obligation to obtain a permit.

H. The commissioner's issuance of the permit does not prevent the future adoption

by the agency of pollution control rules, standards, or orders more stringent than those now

in existence and does not prevent the enforcement of these rules, standards, or orders against

the permittee.

I. The commissioner's issuance of the permit does not obligate the commissioner to

enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.

J. The permittee shall at all times properly operate and maintain the facilities and

systems of treatment and control and the appurtenances related to them which are installed

or used by the permittee to achieve compliance with the conditions of the permit. Proper

operation and maintenance includes effective performance, adequate funding, adequate

operator staffing and training, and adequate laboratory and process controls, including

appropriate quality assurance procedures.

K. The permittee may not knowingly make a false or misleading statement,

representation, or certification in a record, report, plan, or other document required to be

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submitted to the commissioner by the permit. The permittee shall immediately upon discovery

report to the commissioner an error or omission in these records, reports, plans, or other

documents. The permittee may not falsify, tamper with, render inaccurate, or fail to install any

monitoring device or method required to be maintained or followed by the permit.

L. The permittee shall, when requested by the commissioner, submit within a

reasonable time any information and reports that are relevant to pollution or the activities

authorized under the permit.

M. If the permittee discovers, through any means, including notification by the

commissioner, that noncompliance with a condition of the permit has occurred, the permittee

shall immediately take all reasonable steps to minimize the adverse impact on human health or

the environment resulting from the noncompliance.

N. The permit is not transferable to any person.

O. The permit authorizes the permittee to perform the activities described in the

permit under the conditions of the permit. In issuing the permit, the state, the agency, and the

commissioner assume no responsibility for damages to persons, property, or the environment

caused by the activities of the permittee in the conduct of its actions, including those activities

authorized, directed, or undertaken under the permit. To the extent the state, the agency, and

the commissioner may be liable for the activities of their employees, that liability is explicitly

limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.376.

Subp. 8. Parts that do not apply to capped permits. Parts 7007.0500; 7007.0501;

7007.0600 to 7007.0950; 7007.1000, subpart 1, items A to G; 7007.1100 to 7007.1130;

7007.1150 to 7007.1250; 7007.1350 to 7007.1650; and 7007.1800 do not apply to capped

permits issued under parts 7007.1140 to 7007.1148.

Subp. 9. Parts that always apply to capped permits. Parts 7007.1140 to 7007.1148

continue to apply to a stationary source issued a capped permit until a new capped, registration,

state, part 70, or general permit is issued to the stationary source or the commissioner

determines that the stationary source does not require any air emissions permit under part

7007.1050, subpart 7.

Statutory Authority: MS s 116.07

History: 29 SR 626

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.

Subp. 2. Contents of notice. The notice must identify the name and location of the

facility to be permitted; the facility's primary Standard Industrial Classification code and short

title; whether it is an existing facility or a new facility; a brief description of the comment

procedures required by this part including the dates on which the comment period commences

and terminates; and the name, address, telephone number, and electronic mail address of a

person from whom interested persons may obtain additional information, including copies of

the application and information on facility emissions.

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Subp. 3. Length of comment period. The agency shall provide 30 calendar days for

comment.

Subp. 4. Contents of written comments. During the comment period established under

subpart 3, an interested person may submit written comments on the eligibility of the applicant

for the capped permit. A person who submits comments under this subpart shall include:

A. a statement of the person's interest in the permit application and any information

related to a facility's eligibility for the capped permit;

B. a statement of the action the person wishes the agency to take; and

C. the reasons supporting the person's position, stated with sufficient specificity as to

allow the commissioner to investigate the merits of the person's positions.

Subp. 5. Petition for contested case hearing. During the 30-day comment period, the

person may also submit a petition for a contested case hearing on the application pursuant to

part 7000.1800 or for placement of the permit on the agenda of an agency board meeting

pursuant to part 7000.0650, subpart 3. The decision to grant or deny the petition for a contested

case hearing shall be based on the criteria in part 7000.1900 and any hearing shall be held

according to parts 7000.1750 to 7000.2200.

The public participation process requirements in this part do not apply to applications

under part 7007.1142, subparts 2 and 5, in which a stationary source is transferring from one

capped permit option to another or there is a change in name, mailing address, ownership,

or control of the stationary source.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1145 CAPPED PERMIT APPLICATION.

Subpart 1. Application procedures and request for additional information. Items A

to C apply to capped permit applications submitted under parts 7007.1140 to 7007.1148.

A. The owner or operator of a stationary source must submit an application for a

capped permit on a current standard application form provided by the commissioner. The

owner or operator may supplement information in a previous application to meet the application

content requirements in subpart 2. The commissioner may create different application forms

for the two capped permit options available under parts 7007.1140 to 7007.1148.

B. Any owner or operator of a stationary source who fails to submit any relevant facts

or who has submitted incorrect information in an application for a capped permit shall, upon

becoming aware of the failure or incorrect information, promptly submit to the commissioner

the supplementary facts or corrected information. This requirement applies both while the

permit application is pending before the commissioner and after a capped permit is issued.

C. If the commissioner determines during review of the application that additional

information is needed to evaluate the capped permit application or to verify that the stationary

source qualifies for a capped permit under parts 7007.1140 to 7007.1148, the commissioner

may request the information from the applicant, and the applicant shall submit the information

to the commissioner by the date specified in the request.

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Subp. 2. Information included. This subpart describes the standard information

that will be required in a capped permit application. It does not limit the agency's statutory

authority for requiring information in addition to that which is specifically listed. Applicants

shall submit the following information as required by the standard application form:

A. The owner or operator shall specify whether they are applying for capped permit

option 1 or 2 under part 7007.1141 at the time of application.

B. Information identifying the stationary source and its owners or operators,

including company name and address, plant name and address if different from the company

name, owner's name and agent, and contact telephone numbers and electronic mail address,

including the name of a plant site manager or contact, and the person preparing the application

if different.

C. A description of the stationary source's processes and products, by Standard

Industrial Classification (SIC) code and North American Industry Classification System

(NAICS).

D. The following emissions-related information:

(1) A permit application shall provide the information required by this part

for every emissions unit within the stationary source, except as provided otherwise in subitems

(2) to (9) and information about fugitive emissions in the same manner as stack emissions,

except that fugitive dust emissions from activities in part 7007.1300, subpart 3, item J, must be

included in the calculations under this subpart only if the stationary source is in a category

in part 7007.0200, subpart 2, item B, subitems (1) to (27).

(2) The application shall include information about insignificant activities

and conditionally insignificant activities as follows:

(a) For capped permit option 1, the application need not include the

information required by this part for any activity listed on the insignificant activities list in

part 7007.1300, subpart 2, and those activities in subpart 3 for which emission factors or other

calculation methods do not exist. The application shall include a list identifying all activities at

the stationary source described in part 7007.1300, subpart 3, of the insignificant activities list

and conditionally insignificant activities described in chapter 7008. The owner or operator shall

also provide a calculation of emissions from any activity described in part 7007.1300, subpart

3, for which emission factors or calculation methods exist and conditionally insignificant

activities except as otherwise allowed by this subpart.

(b) For capped permit option 2, the application need not include the

information required by this part for any activity listed on the insignificant activities list in

part 7007.1300 or for conditionally insignificant activities described in chapter 7008, except

as provided in this subitem. The application shall include a list identifying any activity at

the stationary source described in part 7007.1300, subpart 3, and conditionally insignificant

activities. If requested by the agency, the owner or operator shall provide a calculation

of emissions from any activity described in part 7007.1300, subpart 3, and conditionally

insignificant activities. The agency shall request such a calculation if it finds that the emissions

from those activities, in addition to other emissions from the stationary source, could make

the stationary source subject to different applicable requirements under parts 7007.0100 to

7007.1850 or not eligible for capped permit option 2 under parts 7007.1140 to 7007.1148.

(3) A permit application shall identify and describe each emission point in

sufficient detail to verify the applicability of all applicable requirements. This shall include the

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location of all emission points and the location of all emissions units and processes venting

through each emission point, the exhaust gas flow rate and temperature, and the stack height

and diameter of an emission point.

(4) The permit application shall specify the potential emissions, as defined in

part 7005.0100, subpart 35a, in pounds per hour from each emission unit and actual emissions

in tons per year from the stationary source as a whole. These emissions shall be specified for

each regulated air pollutant and each hazardous air pollutant that is not yet a regulated air

pollutant, as defined in part 7007.0100, subparts 12a and 19, except that pollutants which are

regulated solely under section 112(r) of the act need not be included and pollutants regulated

solely under section 602 of the act need not be included.

(5) A permit application shall include the following information to the extent

it is emissions-related: fuels, fuel use, raw materials, production rates, and operating schedules.

(6) If the calculations required by part 7007.1147 used control equipment

efficiencies for listed control equipment determined by part 7011.0070, the permit application

shall identify and describe the listed control equipment.

(7) A permit application must explain the means by which the emissions

information in subitems (1) to (9) is gathered, and provide the calculations on which they are

based. Emission calculations may be done using an agency worksheet if one exists for an

emission unit or process.

(8) The calculations required by part 7007.1147, and the total actual

emissions per pollutant that result from those calculations. If the stationary source has not

been operated or has operated less than 12 months, the owner or operator shall estimate the

12-month sum of actual emissions in performing the calculations required by part 7007.1147.

(9) Identification of the method the source used to comply with part

7007.1148, ambient air quality assessment and a summary of the assessment results.

E. A complete listing of the citations and titles of all applicable requirements to

which the permittee is subject. Citations must be to the latest codification of the regulatory

requirements at the time of application.

F. The applicant may request the agency to allow in the permit for the stationary

source to operate at more than one location during the term of the permit. This option is

available only under the conditions in part 7007.1143, subpart 6.

G. A description of the compliance status of the stationary source with respect to all

applicable requirements and the requirements of parts 7007.0100 to 7007.1850.

Subp. 3. Environmental review. The applicant shall state in the application whether

an environmental assessment worksheet or an environmental impact statement is required

for the activity for which the permit is sought under Minnesota Statutes, chapter 116D, or

implementing regulations, or under United States Code, title 42, sections 4331 et seq., as

amended.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1146 CAPPED PERMIT COMPLIANCE REQUIREMENTS.

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Subpart 1. Capped permit compliance requirements. The owner and operator of the

stationary source issued a capped permit must:

A. comply with parts 7007.1140 to 7007.1148;

B. comply with all applicable requirements;

C. for the 12-month rolling sum of actual emissions from the stationary source

determined pursuant to part 7007.1146, not exceed the applicable thresholds in part 7007.1141

for any pollutant;

D. for the sum of actual NOxemissions from the stationary source in a calendar year

determined under this part, not exceed the estimated future annual NOxemissions in units of

tons per year used to comply with part 7007.1148; and

E. if a stationary source qualifies for a capped permit, but has less than 12 months

of emissions data, calculate the emission limit each month during normal operation for the

first 12 months under capped permit option 1 or 2 on a form provided by the commissioner

which uses one of the following formulas:

(1) N = 0.95 (annual limit in option 1 or 2) + 0.0045 (annual limit in option 1

or 2)(n-1)

Where: n = number of months in operation;

N = emission limit through month n; or

(2) P = L/12

Where: L = annual limit in option 1 or 2.

P = emission limit for each month.

The actual emissions for each month must be below the calculated emission limit, N or

P, for each pollutant.

Subp. 2. Record keeping requirements. The owner or operator of a stationary source

issued a capped permit shall comply with all of the requirements relevant to the stationary

source in items A to G. The owner or operator of a stationary source issued a capped permit

shall comply with items H and I at all times.

A. If the stationary source determined eligibility in the permit application, in whole

or in part, or demonstrates compliance, in whole or in part, by using a material balance that

relies on the content of materials in the calculations in part 7007.1147, the owner or operator

must:

(1) record, by the last day of each month, the amount of each

pollutant-containing material (for example: VOC, particulate matter of solids, or HAP)

purchased or used, and the relevant pollutant content for the previous calendar month;

(2) maintain a record of the material safety data sheet (MSDS), or a signed

statement from the supplier stating the maximum solids, VOC, or hazardous air pollutant

content, for each pollutant-containing material purchased or used;

(3) if the owner or operator assumes a reduction of emissions in using the

materials balance method under part 7007.1147, subpart 5, due to recycling of material off

site, keep records of the amount of material shipped off site for recycling and the calculations

done to determine the amount to subtract. Acceptable records include the material safety data

sheets, invoices, shipping papers, and hazardous waste manifests; and

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(4) recalculate and record by the last day of each month the 12-month rolling

sum of actual emissions from the pollutant-containing materials purchased or used for the

previous 12 months, the date the calculation was made, and the calculation itself.

B. If the stationary source determined eligibility in the permit application, in whole

or in part, or demonstrates compliance, in whole or in part, by using the quantity of fuel

purchased or used in the calculations in part 7007.1147, the owner or operator must:

(1) record by the last day of each month the amount of each fuel purchased or

used, whichever was stated in the permit application, for the previous month; and

(2) recalculate and record by the last day of each month the 12-month

rolling sum of emissions for the previous 12 months, the date the calculation was made, and

the calculation itself.

C. If the stationary source determined eligibility in the permit application, in whole

or in part, or demonstrates compliance, in whole or in part, by using fuel sulfur data in the

calculations in part 7007.1147, the owner or operator must:

(1) record by the last day of each month the amount of each fuel burned for

each batch of fuel for the previous month;

(2) maintain a record of the fuel sulfur content certified by the supplier or

independent laboratory for each batch of fuel received; and

(3) recalculate and record by the last day of each month the 12-month rolling

sum of SO2emissions for the previous 12 months, the date the calculation was made, and the

calculation itself using the calculation method in part 7007.1147, subpart 6.

D. If the stationary source determined eligibility in the permit application, in whole

or in part, or demonstrates compliance, in whole or in part, by using hours of operation in the

calculations in part 7007.1147, the owner or operator must:

(1) record by the last day of each month the hours operated for each emissions

unit, rounded to the nearest hour for the previous month; and

(2) recalculate and record by the last day of each month the 12-month

rolling sum of emissions for the previous 12 months, the date the calculation was made, and

the calculation itself.

E. If the stationary source determined eligibility in the permit application, in whole

or in part, or demonstrates compliance, in whole or in part, by using the quantity of material

handled or throughput, or product produced in the calculations in part 7007.1147, the owner or

operator must:

(1) record by the last day of each month, the amount of each material handled

or throughput and the amount of each product produced for the previous month; and

(2) recalculate and record by the last day of each month for each material

handled or throughput and for each product produced, the 12-month rolling sum of emissions

for the previous 12 months, the date the calculation was made, and the calculation itself.

F. If the stationary source qualified in the permit application, in whole or in part,

or demonstrates compliance, in whole or in part, by using control equipment efficiencies

for listed control equipment determined under part 7011.0070, the owner or operator shall

comply with parts 7011.0060 to 7011.0080, except that the owner or operator of a hot mix

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asphalt plant shall comply instead with part 7011.0917. If the calculations required by part

7007.1147 used control equipment efficiencies based on an alternative control efficiency under

part 7011.0070, subpart 2, the owner or operator shall also operate within the monitoring and

operating parameters of the performance test that established the alternative control efficiency.

G. If a change made at a stationary source issued a capped permit results in the

stationary source being subject to a new source performance standard listed under part

7007.1140, subpart 2, item E, or if the change adds an emissions unit subject to the standards

listed in part 7007.0300, the owner or operator must submit to the commissioner:

(1) the information required by the standard in the time specified in the

standard;

(2) with the notice in subitem (1), a written notice containing a description of

the change if the change triggers a new source performance standard; and

(3) with the notice in subitem (1), a copy of the applicable new source

performance standard (NSPS), with the applicable portions of the new source performance

standard highlighted, including applicable parts of Code of Federal Regulations, title 40, part

60, subpart A, General Provisions, or an NSPS checklist form provided by the commissioner

that identifies applicable portions of the new source performance standard.

H. The owner or operator must recalculate and record by the last day of each month,

pursuant to part 7007.1147, the 12-month rolling sum of actual emissions from the stationary

source for the previous 12 months, the date the calculation was made, and the calculation itself.

This calculation must include all emissions units at the stationary source and the information

required by part 7007.1147, subpart 2, item C, if continuous emissions monitor (CEM) data

is used in the calculation. For capped option 1, this calculation need not include emissions

from insignificant activities under part 7007.1300, subpart 2, or insignificant activities under

part 7007.1300, subpart 3, for which emission factors do not exist or alternative emissions

calculation methods do not exist. For capped option 2, this calculation need not include

emissions from insignificant activities under part 7007.1300, subparts 2 and 3, or conditionally

insignificant activities described in chapter 7008.

I. The owner or operator of a stationary source with a capped permit must keep daily

operating records that would allow the owner or operator to calculate actual emissions of any

pollutant for which a threshold has been established under part 7007.1141 for that period of

time not previously accounted for in the 12-month rolling sum calculation required under

item H. The owner or operator shall provide these records and calculations if requested to do

so by the commissioner.

Subp. 3. Prechange analysis. Prior to making a physical or operational change which

increases emissions at a stationary source with a capped permit, the owner or operator must:

A. demonstrate that the estimated actual annual emissions at the stationary source

using the methods in part 7007.1147 after the change is made are less than the applicable

pollutant threshold in part 7007.1141;

B. if the change results in increased SO2, NOx, or PM-10 emissions, demonstrate,

using a method in part 7007.1148, that ambient air quality standards will continue to be met

after the change is made; and

C. keep records of the prechange analyses required under items A and B on site.

The owner or operator may use worksheets provided by the agency for the demonstrations

required under items A and B.

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Subp. 4. Compliance plan. The owner or operator of a stationary source must develop a

written plan containing the following:

A. a list of the state and federal requirements that apply to the stationary source; and

B. a list of the actions, including monitoring, record keeping, and reporting

requirements, on a daily, monthly, and yearly basis that the stationary source must do to be in

compliance with its capped permit option.

The owner or operator shall complete the compliance plan within 60 days of receiving a

capped permit and keep a copy of the current compliance plan on site at all times. The owner

or operator must update the plan within 15 working days after any change that would alter the

elements of the plan as described under items A and B. If requested by the commissioner, the

owner or operator shall provide a copy of the current compliance plan to the commissioner.

Subp. 5. Reporting. An owner or operator of a source with a capped permit must submit

to the agency the reports described under items A to E. All reports required under a capped

permit shall be certified by a responsible official consistent with part 7007.1143, subpart 1.

A. Deviation reporting time frames as described in subitems (1) and (2).

(1) For deviations that endanger human health or the environment, the

permittee shall notify the commissioner as required in part 7019.1000, subpart 1. The

permittee may assert the affirmative defense of emergency only if it meets all the requirements

of part 7007.1850, which includes notifying the agency within two working days of when the

emission limitations were exceeded due to the emergency.

(2) For all other deviations, the permittee shall submit a deviation report, on a

form approved by the commissioner, at least semiannually except the deviation report is due

only if a deviation occurred in the reporting period. The midyear deviations report, covering

deviations which occurred during the period from January 1 to June 30, is due by July 30 of

each year and the end-of-year deviations report, covering deviations which occurred during the

period from July 1 to December 31, is due by January 30 of each year.

B. An annual compliance certification submitted by January 31 of each year to the

agency. The certification shall be on a form approved by the commissioner and shall contain

the following:

(1) the facility name and permit number;

(2) identification of the calendar year that the report covers;

(3) identification of deviation reports submitted covering the calendar year

including the name of the report, such as DRF-1 or DRF-2; the period covered by the report;

and the date of the cover letter accompanying the report;

(4) identification of any noncompliance with applicable requirements or a

permit condition that has not been identified in deviation reports submitted to the agency

covering the calendar year; and

(5) the signature and title of a responsible official as defined in part

7007.0100, subpart 21.

C. An annual emission inventory to the commissioner under parts 7019.3000 to

7019.3100. For the emissions inventory, the owner or operator shall use the same calculation

methods it uses to demonstrate compliance with the thresholds in part 7007.1141.

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D. A list of the equipment existing at the facility in a format specified by the

commissioner. This list shall be submitted at the end of the previous calendar year with the

emissions inventory required under item C.

E. If an owner or operator is allowed to operate in more than one location under part

7007.1143, subpart 6, notification to the commissioner at least 48 hours in advance of each

change in location, providing the exact location where the source will operate and a statement

that the source complies with part 7007.1148, ambient air quality assessment.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1147 CAPPED PERMIT CALCULATION OF ACTUAL EMISSIONS.

Subpart 1. Methods used. The owner or operator of a stationary source may use a

calculation worksheet provided by the commissioner for calculating actual emissions under

this part that is based on the calculation methods in subparts 2 to 6 or may use the calculation

methods under subparts 2 to 6. The owner or operator must calculate actual emissions for

each material or fuel used in each emissions unit, except that similar emissions units may be

aggregated for emission calculation purposes. The owner or operator of a stationary source

must use the calculation method in subpart 2 if the data described in subpart 2 are available

for an emissions unit. The owner or operator must use the calculation method in subpart 3 if

the data described in subpart 3 are available, unless data described in subpart 2 are available.

The alternative methods described in subparts 4, 5, and 6 may be used by the owner or

operator without advance notification to the commissioner. The commissioner shall reject

data submitted using the methods described in subparts 2 to 6 if the conditions set forth for

the method are not fully met. To prevent double counting of emissions, the owner or operator

must select one calculation method under this subpart for each emissions unit at the stationary

source. Fugitive dust emissions from activities listed in part 7007.1300, subpart 3, item J, must

be included in the calculations under this subpart only if the stationary source is in a category

listed in part 7007.0200, subpart 2, item B, subitems (1) to (27).

Subp. 2. Continuous emission monitor data. If the owner or operator of the stationary

source has collected emissions data through use of a continuous emission monitor (CEM) in

compliance with the preconditions in items A and B, the owner or operator shall use the CEM

data to calculate actual emissions, the calculation must be based on all of the CEM data,

and the following requirements must be met:

A. the CEM has been certified by the commissioner;

B. the CEM data have not been rejected by the commissioner due to failure by the

owner or operator to comply with all requirements of parts 7017.1002 to 7017.1220, parts

7007.1140 to 7007.1148, and any other applicable state or federal laws pertaining to CEM

operation;

C. the total operating time of the applicable emissions unit and the total operating

time of the CEM for the previous 12 consecutive months must be included in the permit

application and in the monthly records required in part 7007.1146, subpart 2, item H; and

D. an explanation of how the emissions were calculated based on the CEM data

must be included in the permit application and in the monthly records required in part

7007.1146. Except for facilities subject to part 7017.1020, for periods when the CEM is down

and the emissions unit is operating, missing emissions data shall be substituted with CEM data

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recorded during a representative period of operation of the emissions unit, and, if applicable,

of the control equipment operation during the same calendar year for which the inventory is

being submitted. The CEM must have recorded data for at least 90 percent of the hours the

emission unit was operated for the calendar year for which the inventory is being submitted.

If substitute CEM data meeting these conditions is not available, emissions during periods

of CEM downtime shall be calculated using performance test data as specified in subpart 3,

or 4 if data is not available under subpart 3.

Subp. 3. Performance test data. Emission factors from performance tests may be

used for the calculation of actual emissions, provided that the performance tests met all

the requirements of parts 7017.2001 to 7017.2060, and all other applicable state rules and

federal regulations governing performance tests, except that alternative control efficiencies

shall only be developed from performance tests conducted using control equipment listed

in part 7011.0070. To use emission factors from performance tests, the owner or operator

must conduct the performance test under worst case conditions, as defined in part 7017.2005,

subpart 8. The owner or operator of a stationary source that uses an emission factor developed

from a performance test shall use the calculation method under subpart 4. Any emission

factor for VOC that is derived from a performance test must reflect, to the satisfaction of the

commissioner, the actual mass of VOC compounds emitted.

Subp. 4. General calculation method. All calculations of actual emissions required

under this part shall be based on the stationary source's operating parameters, and must use the

following equation:

E = OP x UEF x [1-CE] where:

E = actual emissions in tons per year.

OP = operating parameter as required by the uncontrolled emission factor (hours of

operation, fuel purchased or used, quality of material handled or throughput, or product

produced).

UEF = uncontrolled emission factor (pounds of pollutant per hour of operation or units

produced) as defined in part 7005.0100, subpart 10a, for uncontrolled emissions.

CE = control efficiency (percent expressed as a decimal fraction of 1.00) determined

according to part 7011.0070 for listed control equipment.

Subp. 5. Material balance method. A material balance method may be used to

calculate actual emissions. The owner or operator of a stationary source that uses material

balance to calculate actual emissions shall determine total actual emissions (E) using the

following equation:

E = (a-b-c) x (1-d), where:

a = the amount of the relevant pollutant, such as VOC, particulate matter, or HAP, entering

the process. A signed statement from the supplier or the material safety data sheet (MSDS)

must be submitted stating the maximum amount of the pollutant in any material that was used

in the process. If a material content range is given on the MSDS or by the supplier, the highest

number in the range shall be used for this calculation.

b = the amount of the relevant pollutant incorporated permanently into the product.

This includes VOCs chemically transformed in production. It does not include latent VOC

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remaining in the product that will at some time be released to the atmosphere. It also includes

any solids transferred to the product during a coating operation. Technical justification for this

calculation must also be submitted.

c = the amount of the relevant pollutant, if any, leaving the process as waste, or otherwise

not incorporated into the product and not emitted to the air and the technical justification for this

calculation. If the actual amount of the relevant pollutant in the waste is unknown, then c = 0.

d = the control efficiency (percent expressed as a decimal fraction of 1.00) determined

according to part 7011.0070.

Subp. 6. Fuel sulfur data. The owner or operator of a stationary source may determine

sulfur dioxide actual emissions by measuring the sulfur content of the fuel and assuming that

all of the sulfur in the fuel is oxidized to sulfur dioxide. The sulfur content of each batch of

fuel received must be certified by the supplier or an independent laboratory. The sulfur content

shall be determined using American Society for Testing and Materials (ASTM) methods. The

sulfur dioxide actual emissions shall be determined by using the following equation:

SO2 = %S/100 x F/2,000 x 2, where:

SO2 = Sulfur dioxide emissions from a batch of fuel in tons.

%S = Weight percent sulfur in the fuel being burned.

F = Amount of fuel burned by weight in pounds.

2,000 = Pounds per ton.

2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole.

The total sulfur dioxide emission for the year must be the sum total of the individual

batch totals.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1148 AMBIENT AIR QUALITY ASSESSMENT.

Subpart 1. Methods used. An owner or operator of a stationary source with emissions

of SO2, PM-10, or NOxapplying for a capped permit,

or required to do a prechange analysis for a pollutant under part 7007.1146, subpart 3, must

comply with either subpart 2 or 3 for each relevant pollutant (SO2, PM-10, and NOx). A

stationary source with less than 12 months of emissions data or performing a prechange

analysis under part 7007.1146, subpart 3, shall use estimated actual annual emissions for

NOx. In performing this analysis, the stationary source shall not assume any specific limits or

conditions not contained in parts 7007.1140 to 7007.1148. If a stationary source used control

equipment efficiencies in parts 7011.0060 to 7011.0080 for calculations in part 7007.1147, then

these efficiencies should be included in determining hourly potential emissions under this part.

Fugitive dust emissions from unpaved roads and parking lots do not need to be included

for either of the methods unless the commissioner determines emissions from those fugitive

dust sources may be large enough to significantly impact the assessment. Emission units with

an hourly potential emission rate of less than 0.1 pounds per hour of PM-10, NOx, or SO2 do

not need to be included in either of the methods.

Subp. 2. CAPS electronic spreadsheet method.

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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.html. It is not subject to frequent change.

B. The owner or operator shall enter into the CAPS spreadsheet the potential

emissions of SO2and PM-10 in units of pounds per hour for each emissions unit at the

stationary source for which calculations were performed under part 7007.1147 unless otherwise

allowed by this part. The owner or operator shall enter into the CAPS spreadsheet the estimated

future annual NOxemissions in units of tons per year which were calculated using the methods

in part 7007.1147. The one-hour, three-hour, and 24-hour SO2; the 24-hour PM-10; and the

annual NO2concentrations predicted at and beyond the property line of the stationary source

using the spreadsheet must be lower than the corresponding standard in part 7009.0080.

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.html. SCREEN3 is incorporated by reference in

subpart 3.

Subp. 3. SCREEN3 method.

A. An owner or operator may use EPA's SCREEN3 model, or its most recent

version, to perform the ambient air quality assessment. The owner or operator shall model

potential SO2and PM-10 emissions in units of pounds per hour and estimated future annual

NOxemissions in units of tons per year using the most recent version of EPA's screen model.

B. EPA's screen model is described in SCREEN3 Model User's Guide,

EPA-454/B-95-004, United States Environmental Protection Agency, Office of Air Quality

Planning and Standards, September 1995, which is incorporated by reference and is not subject

to frequent change. This publication and copies of the SCREEN3 model are available from the

Pollution Control Agency library through the Minitex interlibrary loan system, through the

National Technical Information Service (NTIS), Springfield, VA, 1-800-553-6847, or at the

Environmental Protection Agency Internet site www.epa.gov/scram001/tt22.htm#screen3.

C. The owner or operator shall model the potential emissions of SO2and PM-10 in

units of pounds per hour for each emissions unit at the stationary source for which calculations

were performed under part 7007.1147 unless otherwise allowed by this part. The owner or

operator shall model the estimated future annual NOxemissions in units of tons per year

which were calculated using the methods in part 7007.1147. The one-hour, three-hour, and

24-hour SO2; the 24-hour PM-10; and annual NO2concentrations predicted at and beyond the

property line of the stationary source using SCREEN3 must be lower than the corresponding

standard in part 7009.0080.

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D. When using SCREEN3 to estimate concentrations for standard averaging

times longer than one hour, the owner or operator shall multiply the maximum one-hour

concentration predicted by SCREEN3 by the following factors: 0.9 for the three-hour

concentration, 0.4 for the 24-hour concentration, and 0.08 for the annual concentration.

The commissioner may request the owner or operator to provide the data used to complete

the air quality assessment performed under this subpart or subpart 2.

Nothing in this part shall be construed to allow violation of any national or state ambient

air quality standards. If the commissioner requests it, the owner or operator must demonstrate

compliance with the national or state ambient air quality standards using an alternative method

or for other pollutants and averaging times for which standards exist.

Statutory Authority: MS s 116.07

History: 29 SR 626

7007.1150 WHEN A PERMIT AMENDMENT IS REQUIRED.

A. Parts 7007.1150 to 7007.1500 describe changes at a permitted stationary source

that require a permit amendment or notice to the agency. Item C requires notice to the agency

before pollution control equipment or replacement units with lower emissions are installed at a

permitted stationary source. Parts 7007.1250 and 7007.1350 describe the two categories of

modifications that may be made without obtaining a permit amendment, and the procedures

that apply. Part 7007.1400 establishes the process for getting an administrative amendment to a

permit. Part 7007.1450 establishes the process for getting a minor permit amendment, needed

to make certain modifications resulting in emission increases below listed thresholds, and

for getting moderate permit amendments, needed to make certain modifications resulting in

emissions increases above the minor threshold levels. Part 7007.1500 establishes the process

for getting major permit amendments, needed to make modifications that are not allowed under

the other parts. Any modification that constitutes a title I modification, as defined in part

7007.0100, subpart 26, may only be made under part 7007.1500. Part 7007.1200 describes

how emission changes should be calculated under parts 7007.1250 to 7007.1500.

B. No modification, as defined in part 7007.0100, subpart 14, may be made to a

stationary source that is required to have a permit under parts 7007.0100 to 7007.1850 unless

the modification is allowed under part 7007.1250 or 7007.1350, or an amendment is obtained

under part 7007.1450 or 7007.1500. Administrative changes to a permit issued under parts

7007.0100 to 7007.1850 shall be made under part 7007.1400. If a change at a facility does

not constitute a modification, no permit amendment is required unless the change is described

under part 7007.1500, subpart 1. If a change does not constitute a modification, notification

may still be required under item C.

C. A written notice to the agency shall be sent by any person who, at a permitted

stationary source, makes a change that: (i) does not increase emissions of any regulated air

pollutant; (ii) does not constitute a title I modification; and (iii) does not constitute any other

type of modification, if the change is one of the following:

(1) installing air pollution control equipment;

(2) replacing a unit identified in the permit; and

(3) replacing air pollution control equipment with listed control equipment,

as defined in part 7011.0060, subpart 4, which has an equivalent or better removal efficiency of

regulated pollutants previously controlled with the control equipment being replaced.

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The written notice must be received by the agency seven working days prior to the

installation or replacement. The permittee and the agency shall attach the notice to the

stationary source's permit. If the agency finds that the installation or replacement triggers new

monitoring, record keeping, or reporting requirements under applicable requirements or parts

7007.0100 to 7007.1850, the agency shall initiate an amendment under part 7007.1400 or

7007.1500 to include the new requirements. If the installation or replacement constitutes a title

I modification or other type of modification, this item does not apply, and the permittee shall

follow the applicable procedures of part 7007.1250, 7007.1350, 7007.1450, or 7007.1500. If

notice is provided as required by this item, the installation and operation of the additional

equipment shall not be considered a violation of the permit.

D. Nothing in parts 7007.1150 to 7007.1500 shall be read to allow a modification

to a stationary source that would violate an applicable requirement or, except as provided in

part 7007.1350 or 7007.1450, subpart 8, to allow any activity that would violate any permit

condition. The agency shall not issue any permit amendments which would result in the

violation of an applicable requirement.

E. If a modification or other change at a stationary source would make the source

subject for the first time to the requirement to obtain a state permit or a part 70 permit, the

owner or operator shall obtain the appropriate permit before beginning actual construction of

the modification or other change, notwithstanding parts 7007.1250 to 7007.1500. Nothing in

this item shall be read to limit the agency's ability to issue permits authorizing installation and

operation of a modification under part 7007.0750, subpart 5, or to limit a permittee's ability to

obtain a major permit amendment restricting emissions to levels that would prevent the source

from becoming subject to the requirement to obtain a part 70 permit.

F. The owner or operator of a stationary source that is required to have a permit

under parts 7007.0050 to 7007.1850, but which does not yet have a permit, may make changes

and modifications at the stationary source in compliance with parts 7007.1150 to 7007.1500,

notwithstanding any reference to a permit in those parts. Any requirement for a permittee to

obtain an amendment under parts 7007.1150 to 7007.1500 shall be read as a requirement for an

owner or operator to obtain a permit from the agency under part 7007.0750, subpart 5.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 23 SR 2224

7007.1200 CALCULATING EMISSION CHANGES FOR PERMIT AMENDMENTS.

Subpart 1. How to calculate emission changes. When this part is required to be used,

the method of calculation in subpart 2 must be used to determine first whether a modification

is a title I modification. To calculate emission changes for a modification that is not a title I

modification, the method in subpart 3 shall then be used. To verify whether the modification

or other change at a stationary source might make the stationary source subject for the first

time to the requirement to obtain a state or part 70 permit, the calculation method in part

7007.0150, subpart 4, must be used.

Subp. 2. Calculation methods to determine if the proposed change is a title I

modification. To determine if a modification is a title I modification, the applicable federal

calculation method must be used. To determine the applicable methods to calculate emission

changes for a title I modification, the permittee must refer to the federal regulations listed in

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part 7007.0100, subpart 26. Parts 7011.0060 to 7011.0080 may be used in this calculation if the

stationary source is in compliance with parts 7011.0060 to 7011.0080. A change that would not

be considered to increase emissions using the calculation method in subpart 3 may nonetheless

be considered a title I modification, particularly under the calculation method required by

part C (prevention of significant deterioration of air quality), part D (plan requirements in

nonattainment areas), and section 112(g)(2)(B) (construction or reconstruction of a major

source of hazardous air pollutants) of the act.

Subp. 3. Calculation method for modifications that are not title I modifications.

Emissions changes for a modification must be calculated by comparing the hourly emission

rate of the stationary source, at maximum physical capacity, before and after the proposed

physical or operational change. The emission rate shall be expressed as pounds per hour of

any regulated air pollutant. Items A to C shall be used to determine emission changes for

modifications that are not title I modifications.

A. When calculating emissions before and after the physical and operational change,

physical and operational limitations and emission decreases will be considered only if they:

(1) are or will be automatically required by an applicable requirement

including parts 7011.0060 to 7011.0080;

(2) are or will be automatically required by an existing permit;

(3) are integral to the process;

(4) are proposed as a permit term and condition in the application for a minor,

moderate, or major modification under part 7007.1450 or 7007.1500; or

(5) are calculated in records kept at the stationary source where reductions

rendered the modification insignificant under part 7007.1250.

B. In cases where use of emission factors or related calculation methods clearly

demonstrates whether or not the change will increase the emission level, the emission factors

as defined in part 7005.0100, subpart 10a, shall be used.

C. Material balances, continuous monitor data, or manual emissions tests may be

used in cases where use of emission factors or related calculation methods under item B does

not clearly demonstrate, to the agency's satisfaction, whether or not the change will increase

the emission level, or where a permittee demonstrates to the agency's satisfaction that there are

reasonable grounds to dispute the result obtained under item B. These methods may be used

only to establish premodification emission rates from which postmodification emission rates

may be calculated. Tests shall be conducted under such conditions as the agency shall specify.

At least three valid test runs must be conducted. All operating parameters which may affect

emissions must be held constant to the maximum feasible degree for all test runs.

Subp. 4. Record-keeping requirements. When this part applies and the permittee

determines that no permit amendment or agency notification is required prior to making the

change, the permittee must retain records of all calculations required under this part. For

expiring permits, these records shall be kept for a period of five years from the date the change

was made or until permit reissuance, whichever is longer. For nonexpiring permits, these

records shall be kept for a period of five years from the date that the change was made. The

records shall be kept at the stationary source for the current calendar year of operation and

may be kept at the stationary source or office of the stationary source for all other years. The

records may be maintained in either electronic or paper format.

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Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 2300; 23 SR 2224; 32 SR 904

7007.1250 INSIGNIFICANT MODIFICATIONS.

Subpart 1. When an insignificant modification can be made. The permittee may

make a modification described in either item A or B at a permitted stationary source without

getting a permit amendment, unless the modification is prohibited by subpart 2. However, if

the modification triggers new monitoring, record keeping, or reporting requirements under

applicable requirements or parts 7007.0100 to 7007.1850, the permittee shall initiate an

administrative amendment under part 7007.1400 to include the new requirements no more

than 30 days after making the modification.

A. Construction or operation of any emissions unit, or undertaking any activity, that

is on the insignificant activities list in part 7007.1300, subparts 2 and 3, or that is described

as and meets the requirements of a conditionally insignificant activity under parts 7008.4000

and 7008.4110.

B. Any modification that will:

(1) result in an increase of a regulated air pollutant which is not listed in

table 1; or

(2) result in an increase of an air pollutant which is listed in table 1, but in an

amount less than the corresponding threshold.

Table 1

Pollutant Threshold

NOX 2.28 pounds per hour

SO22.28 pounds per hour

VOCs 2.28 pounds per hour

PM-10 0.855 pounds per hour

CO 5.70 pounds per hour

Lead 0.025 pounds per hour

For purposes of this subpart, whether or not the modification will cause an increase in

emissions shall be calculated as described in part 7007.1200. An owner or operator may

not use control equipment efficiencies for listed control equipment determined by part

7011.0070 to qualify for an insignificant modification, unless the specifications for the

control equipment are from a control equipment manufacturer, as defined in part 7011.0060,

subpart 3. Modifications which would otherwise be insignificant under this part may be title

I modifications, for which a major amendment is required, using the methods of calculation

required under title I of the act. Permittees are reminded to review the definition of title I

modifications and the requirements of title I of the act.

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Subp. 2. Insignificant modification exclusions. A modification may not be made

under this part if the modification:

A. is a title I modification;

B. would result in the violation of a permit emissions limit or any other permit term;

C. is required to be authorized by a permit amendment under title IV of the act or

Code of Federal Regulations, title 40, part 72, as amended;

D. is part of a single project, as described in subpart 5, which taken as a whole,

would not be authorized under this part; or

E. is described under part 7007.1500, subpart 1 (Major permit amendment required).

Subp. 3. Record-keeping requirements. Except as described in subpart 4, modifications

authorized under this part may be made without providing notice to the agency. However, the

permittee shall keep a record of the modification for all changes authorized under subpart 1,

items A and B, except for those activities described in part 7007.1300, subpart 2. For changes

authorized under subpart 1, item B, and part 7007.1300, subpart 3, item I, the permittee shall

also keep calculations of the emissions increase as required by part 7007.1200, subpart 4, and a

statement of the purpose for making the modification.

Subp. 4. Agency notification required. If a modification authorized under subpart 1,

item B, together with other modifications made under subpart 1, item B, during the course

of the permit term (or within a five-year period for a nonexpiring permit), have resulted in

total increases of a pollutant in excess of four times the amount listed in subpart 1, item B,

subitem (2), for that pollutant, the permittee shall notify the agency by seven working days

after beginning actual construction of the last modification. The notice shall provide the

information required to be kept in subpart 3 for each modification made under subpart 1, items

A and B, except for those activities described in part 7007.1300, subpart 2, during the period

in question. The notice shall also include a certification by a responsible official, consistent

with part 7007.0500, subpart 3, that the modifications listed were not part of a single project,

as described in subpart 5, which taken as a whole, would not be authorized under subpart 1,

item B. After any such notice has been sent, the permittee shall continue to keep track of

modifications made under subpart 1, item B, and the permittee shall notify the agency again

if emissions increases from these additional modifications total more than four times the

amount listed in subpart 1, item B, subitem (2).

Subp. 5. Determination of a single project. If two or more modifications made at a

stationary source are part of a single project, the emissions increases from these modifications

shall be considered in the aggregate for purposes of this part. Generally, modifications will

be considered part of a single project when the usefulness of one modification depends

substantially on the completion of the other modification or modifications. In determining

whether modifications are part of a single project, the agency will consider the amount of time

that elapses between modifications, whether they were planned at the same time, and whether

the modifications share a common purpose.

Subp. 6. Enforcement action. If a permittee makes a modification the permittee believes

to fall under this part and the agency subsequently determines that the modification does not

fall under this part, the agency may take enforcement action against the permittee.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 32 SR 904

105
7007.1251 [Repealed, 22 SR 1237]

7007.1300 INSIGNIFICANT ACTIVITIES LIST.

Subpart 1. Insignificant activities. The actions listed in this part, and operation of the

emissions units listed in this part, are insignificant activities for purposes of parts 7007.0100 to

7007.1850. Listing in this part has no effect on any other law, including laws enforced by the

agency other than parts 7007.0100 to 7007.1850, to which the activity may be subject.

Subp. 2. Insignificant activities not required to be listed. The activities described in

this subpart are not required to be listed in a permit application under part 7007.0500, subpart

2, item C, subitem (2).

A. Fuel use:

(1) production of hot water for on-site personal use not related to any

industrial process;

(2) fuel use related to food preparation by a restaurant or cafeteria; and

(3) fuel burning equipment with a capacity less than 30,000 Btu per hour,

but only if the combined total capacity of all fuel burning equipment at the stationary source

with a capacity less than 30,000 Btu per hour is less than or equal to 500,000 Btu per hour.

For example: Facility A has ten fuel burning emission units, each with a capacity of 25,000

Btu per hour. The ten units are all an insignificant activity under this subitem, because their

combined capacity is less than 500,000 Btu per hour (i.e., 10 x 25,000 Btu/hr = 250,000 Btu/hr

≤ 500,000 Btu/hr). Facility B has 21 fuel burning emission units, each with a capacity of

25,000 Btu/hr. None of the 21 units are an insignificant activity under this subitem, because

their total combined capacity is greater than 500,000 Btu per hour (i.e., 21 x 25,000 Btu/hr =

525,000 Btu/hr > 500,000 Btu/hr).

B. Plant upkeep:

(1) routine housekeeping or plant upkeep activities not associated with

primary production processes at the stationary source, such as painting buildings, retarring

roofs, or paving parking lots, but excluding use of spray paint equipment (refer to subpart 3,

item K, for use of spray paint equipment that may be considered a listed insignificant activity);

(2) routine maintenance of buildings, grounds, and equipment;

(3) use of vacuum cleaning systems and equipment for portable steam

cleaning;

(4) clerical activities such as operating copy machines and document printers,

except operation of such units on a commercial basis;

(5) janitorial activities; and

(6) sampling connections used exclusively to withdraw materials for

laboratory analysis and testing.

C. Fabrication operations:

(1) equipment used for the inspection of metal products;

(2) equipment used exclusively for forging, pressing, drawing, spinning,

or extruding cold metals;

106
(3) equipment used exclusively to mill or grind coatings and molding

compounds where all materials charged are in paste form; and

(4) mixers, blenders, roll mills, or calendars for rubber or plastics for which

no materials in powder form are added and in which no organic solvents, diluents, or thinners

are used.

D. Processing operations:

(1) closed tumblers used for cleaning or deburring metal products without

abrasive blasting;

(2) equipment for washing or drying fabricated glass or metal products, if no

VOCs are used in the process, and no gas, oil, or solid fuel is burned;

(3) equipment venting particulate matter (PM) or particulate matter less than

ten microns (PM-10) inside a building (for example: buffing, polishing, carving, cutting,

drilling, machining, routing, sanding, sawing, surface grinding, or turning equipment) provided

that emissions from the equipment are:

(a) is vented inside of the building 100 percent of the time; and

(b) does not use air filtering systems used to control indoor air

emissions; and

(4) blast cleaning operations using suspension of abrasive in water.

E. Storage tanks:

(1) pressurized storage tanks for anhydrous ammonia, liquid petroleum gas

(LPG), liquid natural gas (LNG), or natural gas;

(2) storage tanks holding lubricating oils;

(3) above and below ground fuel oil storage tanks with a combined total

tankage capacity less than 100,000 gallons; and

(4) gasoline storage tanks with a combined total tankage capacity of less

than 2,000 gallons.

F. Drain, waste, and vent piping:

(1) stacks or vents to prevent escape of sewer gases through plumbing traps,

not including emissions associated with processing at wastewater treatment plants;

(2) sewer maintenance access covers and shafts;

(3) sludge and septage landspreading sites;

(4) sludge loadout pumping operations for publicly owned treatment works

with a design flow less than 5,000,000 gallons per day; and

(5) odor control systems on components of publicly owned treatment works

collection systems.

G. Residential activities: typical emissions from residential structures, not including:

(1) fuel burning equipment with a total capacity of 500,000 Btu/hour or

greater; and

(2) emergency backup generators.

H. Recreational activities: use of the following for recreational purposes:

(1) fireplaces;

107
(2) barbecue pits and cookers; and

(3) kerosene fuel use.

I. Health care activities: activities and equipment directly associated with the

diagnosis, care, and treatment of patients in medical or veterinary facilities or offices, not

including support activities such as power plants, heating plants, emergency generators,

incinerators, or other units affected by applicable requirements as defined in part 7007.0100,

subpart 7.

J. Miscellaneous:

(1) safety devices, such as fire extinguishers, if associated with a permitted

emission source, but not including sources of continuous emissions;

(2) flares to indicate danger to the public;

(3) vehicle exhaust emissions from the operation of mobile sources at

a stationary source;

(4) purging of natural gas lines;

(5) natural draft hoods, natural draft ventilation, comfort air conditioning, or

comfort ventilating systems not designed or used to remove air contaminants generated by, or

released from specific units of equipment;

(6) funeral home embalming processes and associated ventilation systems;

and

(7) use of consumer products, including hazardous substances as that term is

defined in the Federal Hazardous Substances Act, where the product is used at academic and

health care institutions in the same manner as normal consumer use.

K. Demonstration projects conducted by a teaching institution, where the sole

purpose of a demonstration project is to provide an actual functional example of a process unit

operation to the students or other interested parties, where actual operating hours of each

emission unit shall not exceed a total of 350 hours in a calendar year and where the emissions

unit is not used to dispose of waste materials.

Subp. 3. Insignificant activities required to be listed. The activities described in

this subpart must be listed in a permit application, and calculation of emissions from these

activities shall be provided if required by the agency, under part 7007.0500, subpart 2, item

C, subitem (2). If emissions units listed in this subpart are subject to additional requirements

under section 114(a)(3) of the act (Monitoring Requirements) or section 112 of the act

(Hazardous Air Pollutants), or if part of a title I modification, or, if accounted for, make a

stationary source subject to a part 70 permit, emissions from the emissions units must be

calculated in the permit application.

A. Fuel use: space heaters fueled by kerosene, natural gas, or propane. A space

heater is a heating unit that is not connected to piping or ducting to distribute the heat.

B. Furnaces and boilers:

(1) infrared electric ovens; and

(2) fuel burning equipment with a capacity less than 500,000 Btu per hour,

but only if the total combined capacity of all fuel burning equipment at the stationary source

108
with a capacity less than 500,000 Btu per hour is less than or equal to 2,000,000 Btu per

hour. For example: Facility A has three fuel burning emission units, each with a capacity of

400,000 Btu per hour. The three units are all an insignificant activity to be listed under this

subitem, because their combined capacity is less than 2,000,000 Btu per hour. Facility B has

six fuel burning emission units, each with a capacity of 400,000 Btu per hour. None of the six

units is an insignificant activity under this subitem, because their total combined capacity is

greater than 2,000,000 Btu per hour.

C. Fabrication operations: equipment used exclusively for forging, pressing,

drawing, spinning, or extruding hot metals.

D. Processing operations: open tumblers with a batch capacity of 1,000 pounds or

less.

E. Storage tanks:

(1) gasoline storage tanks with a combined total tankage capacity of not more

than 10,000 gallons; and

(2) nonhazardous air pollutant VOC storage tanks with a combined total

tankage capacity of not more than 10,000 gallons of nonhazardous air pollutant VOCs and

with a vapor pressure of not more than 1.0 psia at 60 degrees Fahrenheit.

F. Cleaning operations: commercial laundries, not including dry cleaners and

industrial launderers.

G. Emissions from a laboratory, as defined in this item. "Laboratory" means a place

or activity devoted to experimental study or teaching in any science, or to the testing and

analysis of drugs, chemicals, chemical compounds or other substances, or similar activities,

provided that the activities described in this sentence are conducted on a laboratory scale.

Activities are conducted on a laboratory scale if the containers used for reactions, transfers,

and other handling of substances are designed to be easily and safely manipulated by one

person. If a facility manufactures or produces products for profit in any quantity, it may not be

considered to be a laboratory under this item. Support activities necessary to the operation of

the laboratory are considered to be part of the laboratory. Support activities do not include the

provision of power to the laboratory from sources that provide power to multiple projects or

from sources which would otherwise require permitting, such as boilers that provide power

to an entire facility.

H. Miscellaneous:

(1) equipment used exclusively for packaging lubricants or greases;

(2) equipment used for hydraulic or hydrostatic testing;

(3) brazing, soldering, or welding equipment;

(4) blueprint copiers and photographic processes;

(5) equipment used exclusively for melting or application of wax;

(6) nonasbestos equipment used exclusively for bonding lining to brake

shoes; and

(7) cleaning operations: alkaline/phosphate cleaners, associated cleaners, and

associated burners.

I. Individual emission units at a stationary source, each of which have a potential to

emit the following pollutants in amounts less than:

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(1) 4,000 pounds per year of carbon monoxide; and

(2) 2,000 pounds per year each of nitrogen oxide, sulfur dioxide,

particulate matter, particulate matter less than ten microns, VOCs (including hazardous air

pollutant-containing VOCs), and ozone.

J. Fugitive dust emissions from unpaved entrance roads and parking lots, except that

a stationary source applying for an Option D registration permit under part 7007.1130 must

include fugitive dust emissions in calculations when required under part 7007.1130, subpart 4.

K. Infrequent use of spray paint equipment for routine housekeeping or plant upkeep

activities not associated with primary production processes at the stationary source, such as

spray painting of buildings, machinery, vehicles, and other supporting equipment.

Subp. 4. Insignificant activities required to be listed in a part 70 application. If

a facility is applying for a part 70 permit, emissions units with emissions less than all the

following limits but not included in subpart 2 must be listed in a part 70 permit application:

A. potential emissions of 5.7 pounds per hour or actual emissions of two tons per

year of carbon monoxide;

B. potential emissions of 2.28 pounds per hour or actual emissions of one ton per

year for particulate matter, particulate matter less than ten microns, nitrogen oxide, sulfur

dioxide, and VOCs; and

C. for hazardous air pollutants, emissions units with:

(1) potential emissions of 25 percent or less of the hazardous air pollutant

thresholds listed in subpart 5; or

(2) combined HAP actual emissions of one ton per year unless

the emissions unit emits one or more of the following HAPs: carbon tetrachloride;

1,2-dibromo-3-chloropropane; ethylene dibromide; hexachlorobenzene; polycyclic organic

matter; antimony compounds; arsenic compounds, including inorganic arsine; cadmium

compounds; chromium compounds; lead compounds; manganese compounds; mercury

compounds; nickel compounds; selenium compounds; 2,3,7,8-tetrachlorodibenzo-p-dioxin; or

dibenzofuran. If the emissions unit emits one or more of the HAPs listed in this subitem, the

emissions unit is not an insignificant activity under this subitem.

Calculation of emissions from the emissions units listed in this subpart shall be provided if

required by the agency under part 7007.0500, subpart 2, item C, subitem (2). If emissions units

listed under this subpart are subject to additional requirements under section 114(a)(3) of the

act (Monitoring Requirements) or section 112 of the act (Hazardous Air Pollutants), or are part

of a title I modification, or if accounted for, make a stationary source subject to a part 70 permit

emissions from the emissions units must be calculated in the permit application. If the applicant

is applying for a state permit or an amendment to a state permit, this subpart does not apply.

Subp. 5. Hazardous air pollutant threshold table.

110
CAS# Chemical Name De Minimis

Level

(tons/year)

57147 1,1-Dimethyl hydrazine 0.008

79005 1,1,2-Trichloroethan 1

79345 1,1,2,2-Tetrachloroethane 0.3

96128 1,2-Dibromo-3-chloropropane 0.01

122667 1,2-Diphenylhydrazine 0.09

106887 1,2-Epoxybutane 1

75558 1,2-Propylenimine (2-Methyl aziridine) 0.003

120821 1,2,4-Trichlorobenzene 10

106990 1,3-Butadiene 0.07

542756 1,3-Dichloropropene 1

1120714 1,3-Propane sultone 0.03

106467 1,4-Dichlorobenzene(p) 3

123911 1,4-Dioxane (1,4-Diethyleneoxide) 6

53963 2-Acetylaminofluorine 0.005

532274 2-Chloroacetophenone 0.06

79469 2-Nitropropane 1

540841 2,2,4-Trimethylpentane 5

1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin 6E-07

584849 2,4-Toluene diisocyanate 0.1

51285 2,4-Dinitrophenol 1

121142 2,4-Dinitrotoluene 0.02

94757 2,4-D, salts, esters (2,4-Dichlorophenoxy acetic acid) 10

95807 2,4-Toluene diamine 0.02

95954 2,4,5-Trichlorophenol 1

88062 2,4,6-Trichlorophenol 6

91941 3,3-Dichlorobenzidene 0.2

119904 3,3'-Dimethoxybenzidine 0.1

119937 3,3'-Dimethyl benzidine 0.008

92671 4-Aminobiphenyl 1

92933 4-Nitrobiphenyl 1

100027 4-Nitrophenol 5

111
101144 4,4-Methylene bis(2-chloroaniline) 0.2

101779 4,4'-Methylenedianiline 1

534521 4,6-Dinitro-o-cresol, and salts 0.1

75070 Acetaldehyde 9

60355 Acetamide 1

75058 Acetonitrile 4

98862 Acetophenone 1

107028 Acrolein 0.04

79061 Acrylamide 0.02

79107 Acrylic acid 0.6

107131 Acrylonitrile 0.3

107051 Allyl chloride 1

62533 Aniline 1

71432 Benzene 2

92875 Benzidine 0.0003

98077 Benzotrichloride 0.006

100447 Benzyl chloride 0.1

57578 beta-Propiolactone 0.1

92524 Biphenyl 10

117817 Bis(2-ethylhexyl)phthalate(DEHP) 5

542881 Bis(chloromethyl)ether 0.0003

75252 Bromoform 10

156627 Calcium cyanamide 10

133062 Captan 10

63252 Carbaryl 10

75150 Carbon disulfide 1

56235 Carbon tetrachloride 1

463581 Carbonyl sulfide 5

120809 Catechol 5

133904 Chloramben 1

57749 Chlordane 0.01

7782505 Chlorine 0.1

79118 Chloroacetic acid 0.1

112
108907 Chlorobenzene 10

510156 Chlorobenzilate 0.4

67663 Chloroform 0.9

107302 Chloromethyl methyl ether 0.1

126998 Chloroprene 1

1319773 Cresols/Cresylic acid (isomers and mixture) 1

95487 o-Cresol 1

108394 m-Cresol 1

106445 p-Cresol 1

98828 Cumene 10

334883 Diazomethane 1

132649 Dibenzofuran 5

72559 DDE (p,p'-Dichlorodiphenyldichloroethylene) 0.01

84742 Dibutylphthalate 10

111444 Dichloroethyl ether (Bis(2-chloroethyl)ether) 0.06

62737 Dichlorvos 0.2

11422 Diethanolamine 5

64675 Diethyl sulfate 1

60117 Dimethyl aminoazobenzene 1

79447 Dimethyl carbamoyl chloride 0.02

68122 Dimethyl formamide 1

131113 Dimethyl phthalate 10

77781 Dimethyl sulfate 0.1

106898 Epichlorohydrin 2

140885 Ethyl acrylate 1

100414 Ethyl benzene 10

51796 Ethyl carbamate (Urethane) 0.8

75003 Ethyl chloride 10

106934 Ethylene dibromide (Dibromoethane) 0.1

107062 Ethylene dichloride (1,2-Dichloroethane) 0.8

107211 Ethylene glycol 10

151564 Ethylene imine (Aziridine) 0.003

75218 Ethylene oxide 0.1

96457 Ethylene thiourea 0.6

113
75343 Ethylidene dichloride (1,1-Dichloroethane) 1

50000 Formaldehyde 2

76448 Heptachlor 0.02

118741 Hexachlorobenzene 0.01

87683 Hexachlorobutadiene 0.9

77474 Hexachlorocyclopentadiene 0.1

67721 Hexachloroethane 5

822060 Hexamethylene,-1,6-diisocyanate 0.02

680319 Hexamethylphosphoramide 0.01

110543 Hexane 10

302012 Hydrazine 0.004

7647010 Hydrochloric acid 10

7664393 Hydrogen fluoride 0.1

123319 Hydroquinone 1

78591 Isophorone 10

58899 Lindane (hexachlorcyclohexane, gamma) 0.01

108316 Maleic anhydride 1

67561 Methanol 10

72435 Methoxychlor 10

74839 Methyl bromide (Bromomethane) 10

74873 Methyl chloride (Chloromethane) 10

71556 Methyl chloroform (1,1,1-Trichloroethane) 10

78933 Methyl ethyl ketone (2-Butanone) 10

60344 Methyl hydrazine 0.06

74884 Methyl iodide (Iodomethane) 1

108101 Methyl isobutyl ketone 10

624839 Methyl isocyanate 0.1

80626 Methyl methacrylate 10

1634044 Methyl tert-butyl ether 10

12108133 Methylcyclopentadienyl manganese 0.1

75092 Methylene chloride (Dichloromethane) 10

101688 Methylene diphenyl diisocyanate 0.1

91203 Naphthalene 10

114
98953 Nitrobenzene 1

62759 N-Nitrosodimethylamine 0.001

69892 N-Nitrosomorpholine 1

684935 N-Nitroso-N-methylurea 0.0002

121697 N,N-Dimethylaniline 1

90040 o-Anisidine 1

95534 o-Toluidine 4

56382 Parathion 0.1

82688 Pentachloronitrobenzene (Quintobenzene) 0.3

87865 Pentachlorophenol 0.7

108952 Phenol 0.1

75445 Phosgene 0.1

7803512 Phosphine 5

7723140 Phosphorous 0.1

85449 Phthalic anhydride 5

1336363 Polychlorinated biphenyls (Aroclors) 0.009

106503 p-Phenylenediamine 10

123386 Propionaldehyde 5

114261 Propoxur (Baygone) 10

78875 Propylene dichloride (1,2-Dichloropropane) 1

75569 Propylene oxide 5

91225 Quinoline 0.006

106514 Quinone 5

100425 Styrene 1

96093 Styrene oxide 1

127184 Tetrachloroethylene (Perchloroethylene) 10

7550450 Titanium tetrachloride 0.1

108883 Toluene 10

8001352 Toxaphene (chlorinated camphene) 0.01

79016 Trichloroethylene 10

121448 Triethylamine 10

1582098 Trifluralin 9

108054 Vinyl acetate 1

593602 Vinyl bromide (bromoethene) 0.6

115
75014 Vinyl chloride 0.2

75354 Vinylidene chloride (1,1-Dichloroethylene) 0.4

1330207 Xylenes (isomers and mixture) 10

108383 m-Xylenes 10

95476 o-Xylenes 10

106423 p-Xylenes 10

- Arsenic and inorganic arsenic compounds 0.005

7784421 Arsine 0.1

- Antimony compounds (except those specifically listed)* 5

1309644 Antimony trioxide 1

1345046 Antimony trisulfide 0.1

7783702 Antimony pentafluoride 0.1

28300745 Antimony potassium tartrate 1

- Beryllium compounds (except Beryllium salts) 0.008

- Beryllium salts 0.00002

- Cadmium compounds 0.01

130618 Cadmium oxide 0.01

- Chromium compounds (except Hexavalent and Trivalent) 5

- Hexavalent Chromium compounds 0.002

- Trivalent Chromium compounds 5

10025737 Chromic chloride 0.1

744084 Cobalt metal (and compounds, except those specifically

listed)*

0.1

10210681 Cobalt carbonyl 0.1

62207765 Fluomine 0.1

- Coke oven emissions 0.03

- Cyanide compounds (except those specifically listed)* 5

143339 Sodium cyanide 0.1

151508 Potassium cyanide 0.1

- Glycol ethers (except those specifically listed)* 5

110805 2-Ethoxy ethanol 10

111762 Ethylene glycol monobutyl ether 10

108864 2-Methoxy ethanol 10

116
- Lead and compounds (except those specifically listed)* 0.01

75741 Tetramethyl lead 0.01

78002 Tetraethyl lead 0.01

7439965 Manganese and compounds (except those specifically

listed)*

0.8

12108133 Methylcyclopentadienyl manganese 0.1

- Mercury compounds (except those specifically listed)* 0.01

10045940 Mercuric nitrate 0.01

748794 Mercuric chloride 0.01

62384 Phenyl mercuric acetate 0.01

- Elemental Mercury 0.01

- Mineral fiber compounds (except those specifically listed)* a

1332214 Asbestos a

- Erionite a

- Silica (crystalline) a

- Talc (containing asbestos from fibers) a

- Glass wool a

- Rock wool a

- Slag wool a

- Ceramic fibers a

- Nickel compounds (except those specifically listed)* 1

13463393 Nickel Carbonyl 0.1

12035722 Nickel refinery dust 0.08

- Nickel subsulfide 0.04

- Polycyclic organic matter-POM (except those specifically

listed)*

0.01

56553 Benz(a)anthracene 0.01

50328 Benzo(a)pyrene 0.01

205992 Benzo(b)fluoranthene 0.01

57976 7,12-Dimethylbenz(a)anthracene 0.01

225514 Benz(c)acridine 0.01

218019 Chrysene 0.01

53703 Dibenz(ah)anthracene 0.01

189559 1,2:7,8-Dibenzopyrene 0.01

193395 Indeno(1,2,3-cd)pyrene 0.01

117
- Dioxins & Furans (TCDD equivalent)** -

7782492 Selenium and compounds (except those specifically listed)* 0.1

7488564 Selenium sulfide (mono and di) 0.1

7783075 Hydrogen selenide 0.1

10102188 Sodium selenite 0.1

13410010 Sodium selenate 0.1

99999918 Radionuclides (including radon) b

* - For this chemical group, specific compounds or subgroups are named specifically in this

table. For the remainder of the chemicals of the chemical group, a single de minimis value is

listed, which applies to compounds which are not named specifically.

** - The "toxic equivalent factor" method in EPA/625/3-89-016 (U.S. EPA (1989) Interim

procedures for estimating risk associated with exposure to mixtures) should be used for

PCDD/PCDF mixtures. A different de minimis level will be determined for each mixture

depending on the equivalency factors used which are compound specific. For purposes of this

part, the document EPA/625/3-89-016, Interim Procedures for Estimating Risk Associated

with Exposure to Mixtures, U.S. EPA (1989), is incorporated by reference. The Environmental

Protection Agency is the author and publisher. This document is available at the University

of Minnesota through the Minitex interlibrary loan system. This document is subject to

frequent change.

a - De minimis values are zero. Currently available data do not support assignment of a

"trivial" emission rate; therefore, the value assigned will be policy based.

b - The EPA relies on Code of Federal Regulations, title 40, part 61, subparts B and I, and

Appendix E, and assigns a de minimis level based on an effective dose equivalent of 0.3

milliem per year for a seven-year exposure period that would result in a cancer risk of one per

million. The individual radionuclides subject to de minimis levels are contained in Code of

Federal Regulations, title 40, part 61.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27

SR 1579; 28 SR 1482; 32 SR 904

7007.1350 CHANGES WHICH CONTRAVENE CERTAIN PERMIT TERMS.

Subpart 1. Applicability. A permittee may make changes allowed under parts 7007.0100

to 7007.1850 at a permitted facility without obtaining a permit amendment, even though the

change contravenes a permit term, if the change:

A. does not violate a permit term related to monitoring (including test methods),

record keeping, reporting, or compliance certification requirements;

B. does not result in emissions in excess of those explicitly allowed under the permit

for any emissions unit or for the stationary source as a whole (whether expressed as a rate

of emissions or in terms of total emissions);

118
C. does not violate any permit term limiting hours of operation, work practices, fuel

usage, raw material usage, production levels, or throughput if the term has been established to

limit emissions or ensure compliance with emissions limitations;

D. does not violate any other permit term where the agency has specifically stated in

the permit that the term is not subject to change under this part;

E. is not a title I modification;

F. is not required to be authorized by a permit amendment under title IV of the act

(Acid Deposition Control) or Code of Federal Regulations, title 40, part 72, as amended; and

G. is not an administrative amendment described in part 7007.1400.

Subp. 2. Procedure. Changes authorized under this part may not be made until seven

working days after the air quality division of the agency receives written notice of the change.

The notice shall include a certification by a responsible official describing the change to be

made, identifying the term of the permit which is being contravened, stating that the change is

authorized under this part, and briefly describing how it qualifies under this part. The permittee

and the agency shall attach the notice to the stationary source's permit. If the agency finds that

the proposed change is not authorized under this part, the agency shall notify the permittee

of that finding and, if the proposed change could be made using other procedures, direct

the permittee to those procedures.

Subp. 3. Enforcement action. If the permittee implements a change that the permittee

believes qualifies under this part and the agency subsequently determines that the change does

not qualify under this part, the agency may take an enforcement action against the permittee.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1400 ADMINISTRATIVE PERMIT AMENDMENTS.

Subpart 1. Administrative amendments allowed. The agency may make the permit

amendments described in this subpart through the administrative permit amendment

process described in this part. An owner or operator of a stationary source shall request an

administrative amendment if changes are to be made under item B or E:

A. an amendment to correct a typographical error;

B. an amendment to change the name, mailing address, or telephone number of any

person identified in the permit, or that reflects a similar minor administrative change at the

permitted facility. A change in the stationary source's location of operation is not covered by

this item;

C. an amendment requiring the permittee to comply with additional, more frequent,

or expanded, testing, monitoring, record keeping, or reporting requirements;

D. an amendment to eliminate monitoring, record keeping, or reporting requirements

if:

(1) the requirements are rendered meaningless because the only emissions to

which the requirements apply will no longer occur;

(2) the change is to eliminate one validated reference test method for a

pollutant and source category in order to add another;

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(3) the requirements are redundant to or less strict than other existing

requirements;

(4) the requirements are technically incorrect and their elimination does

not affect the accuracy of the data generated or of the monitoring information recorded

or reported; or

(5) the piece of equipment to which the monitoring, record keeping, or

reporting requirement applies no longer exists or has been permanently disabled from use at

the stationary source;

E. an amendment reflecting a change in ownership or operational control of a

stationary source where the agency determines that no other change in the permit is necessary,

provided that a written agreement containing a specific date for transfer of permit responsibility,

coverage, and liability between the current and new permittee has been submitted to the agency;

F. an amendment to incorporate into a permit the requirements from preconstruction

review permits issued by the agency, incorporate into a permit the requirements from standards

adopted under Code of Federal Regulations, title 40, part 63, as amended (National Emission

Standards for Hazardous Air Pollutants for Source Categories), or to lower the plantwide

emission limits in permits with Plantwide Applicability Limits to reflect the impact of

standards adopted under Code of Federal Regulations, title 40, part 63, as amended;

G. an amendment to clarify the meaning of a permit term;

H. an amendment to extend a deadline in a permit by no more than 120 days,

provided that the agency may only extend a deadline established by an applicable requirement

described in part 7007.0100, subpart 7, items A to K, if the agency has been delegated authority

to make such extensions by the administrator. Notwithstanding the previous sentence, the

agency may do an administrative amendment to extend a testing deadline in a permit up to 365

days if the agency finds that the extension is needed to allow the permittee to test at worst case

conditions as required by part 7017.2025, subpart 2;

I. an amendment to remove any condition from a permit which was based on an

applicable requirement that has been repealed, but only if the permit condition:

(1) is neither required nor replaced by another applicable requirement; and

(2) was not established for a specific facility to protect human health and

the environment, to prevent pollution, as a mitigation measure in an environmental impact

statement, or to obtain a negative declaration in an environmental assessment worksheet;

J. an amendment to correct or update a citation to an applicable requirement where

the corresponding permit condition is not changed; and

K. an amendment to include operating conditions that ensure that waste combustors

emit mercury at less than 50 percent of the applicable standard.

Subp. 2. Initiating an administrative amendment. A permittee shall request in writing

that the agency make an administrative permit amendment. A formal application complying

with the terms of parts 7007.0100 to 7007.1850 is not required. The permittee shall specify the

section of the permit that is to be amended, and the reason for the amendment. The agency

may also make an administrative amendment upon its own initiative. If an administrative

amendment initiated by the agency would impose additional or different requirements on the

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permittee, the permittee shall be notified of the proposed amendment 30 days prior to its taking

effect, unless the permittee consents to less notice. If the permittee objects to the amendment,

the amendment shall not be made under this part, but the agency may reopen the permit under

parts 7007.1500 and 7007.1600.

Subp. 3. Timeline for final action. The agency shall take no more than 60 days from

receipt of a request for an administrative permit amendment to take final action on such

request. Amendments made by the agency under this part shall be made without public notice

or an opportunity for public and affected states comment and hearing.

Subp. 4. Part 70 administrative amendment submitted to EPA. If the administrative

permit amendment is to a part 70 permit, the agency shall submit a copy of the amended permit

or permit amendment to the administrator, as required by the administrator.

Subp. 5. Provisions to which permit shield applies. The only administrative

amendments to which the permit shield established by part 7007.1800 shall apply are those

described in subpart 1, item F.

Subp. 6. Acid rain provision. Amendments to the acid rain portion of a permit to an

affected source shall be governed by Code of Federal Regulations, title 40, part 72, as amended.

Subp. 7. When permittee may make change. Notwithstanding part 7007.0150, subpart

1, the permittee may make the change proposed in the administrative amendment request

immediately after the request is received by the air quality division of the agency, if the change

is described in subpart 1. However, if the change is of ownership or operational control, the

new owner's or operator's right to operate the permitted stationary source under the previous

sentence is contingent upon the new owner's or operator's compliance with the terms of the

stationary source's permit.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 20 SR 2316; 22 SR 1237; 22 SR 1975

7007.1450 MINOR AND MODERATE PERMIT AMENDMENTS.

Subpart 1. Minor and moderate amendment exclusions. The agency may amend a

permit using the minor and moderate permit amendment processes described in this part if the

amendments are described in subparts 2 and 3, and if the amendments are not described in part

7007.1500, subpart 1 (Major permit amendment required).

Subp. 2. Minor amendment applicability. Except as provided in subpart 1, the agency

may amend a permit to allow a modification under the minor permit amendment process of

this part, if the modification will not cause an increase in emissions of an air pollutant listed

below in an amount greater than the threshold:

Pollutant Threshold

NOX 9.13 pounds per hour

SO29.13 pounds per hour

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VOCs 9.13 pounds per hour

PM-10 3.42 pounds per hour

CO 22.80 pounds per hour

Lead .11 pounds per hour

For purposes of this part, whether or not the modification will cause an increase in emissions

shall be calculated as described in part 7007.1200. Modifications which would otherwise

qualify for a minor or moderate amendment under this part may be title I modifications, for

which a major amendment is required, using the methods of calculation required under title

I of the act. Permittees are reminded to review the definition of title I modifications and

requirements of title I of the act.

Subp. 3. Moderate amendment applicability. Any amendment which meets the criteria

of subpart 1, but which does not qualify as a minor permit amendment under subpart 2 and

which is not a major permit amendment under part 7007.1500, may be made following the

procedures applicable to moderate permit amendments under this part.

Subp. 4. Minor or moderate application requirements. An application requesting the

use of minor or moderate permit amendment procedures shall meet the requirements of part

7007.0600, subpart 1, and shall also include the following:

A. a description of the modification, the emissions resulting from the modification,

and any new applicable requirements that will apply if the modification occurs;

B. if the amendment is to a part 70 permit, the stationary source's suggested draft

permit or draft amendment;

C. certification by a responsible official that the proposed amendment meets the

criteria for use of minor or moderate permit modification procedures, including, in the case

of minor permit amendments, a certification that any increase in emissions will be below the

thresholds listed in subpart 2, and a request that such procedures be used;

D. certification by a responsible official that the change which the proposed

amendment would allow is not part of a larger project which, taken as a whole, would not

qualify for treatment as a minor or moderate permit amendment; and

E. in the case of amendments to part 70 permits, completed forms for the permitting

authority to use to notify the administrator and affected states as required under subpart 5.

Subp. 5. EPA notification. In the case of applications for minor or moderate permit

amendments to part 70 permits, the agency shall notify the administrator and affected states

of the requested permit amendment within five working days of receipt of a complete permit

amendment application to a part 70 permit. The agency promptly shall send any notice

regarding agency refusal to accept affected states recommendations required under part

7007.0900, to the administrator and the affected states.

Subp. 6. EPA review. The agency will not issue a minor or moderate amendment to a

part 70 permit until after the EPA has had 45 days to review the amendment or until the EPA

has notified the agency that the EPA will not object to issuance of the permit amendment,

whichever is first. The agency may process the application during this time period. The agency

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shall take final action on an application for a minor or moderate permit amendment within the

deadlines set forth in part 7007.0750, subpart 2.

Subp. 7. When permittee may make the proposed modification.

A. The permittee may make the modification proposed in a minor permit amendment

application seven working days after the application is received by the air quality division

of the agency.

B. The permittee may begin actual construction on a modification proposed in

a moderate permit amendment application upon receipt of a letter of approval from the

agency authorizing such construction. However, the permittee may not conduct start-up of

the modification until the amended permit has been issued.

Subp. 8. Permittee's risk in commencing construction. If the stationary source makes

the modification allowed by subpart 7, item A, or begins actual construction upon receipt of

a letter of approval as allowed by subpart 7, item B, and until the agency acts on the minor

or moderate permit amendment application, the stationary source must comply with both

the applicable requirements governing the modification and the proposed permit terms and

conditions. During this time period, the stationary source need not comply with the existing

permit terms and conditions it seeks to modify. However, if the stationary source fails to

comply with its proposed permit terms and conditions during this time period, the existing

permit terms and conditions it seeks to modify may be enforced against it. The permittee

assumes the risk of losing any investment it makes toward implementing a modification prior

to receiving a permit amendment authorizing the modification. The agency will not consider

the possibility of the permittee suffering financial loss due to such investment when deciding

whether to approve, deny, or approve in modified form a minor or moderate permit amendment.

Subp. 9. Permit shield does not apply. The permit shield under part 7007.1800 shall

not apply to minor or moderate permit amendments.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224

7007.1500 MAJOR PERMIT AMENDMENTS.

Subpart 1. Major permit amendment required. A "major permit amendment" is

required for any change to permit conditions or any modification at a permitted stationary

source that is not allowed under parts 7007.1250 and 7007.1350 and for which an amendment

cannot be obtained under the administrative permit amendment provisions of part 7007.1400,

or the minor or moderate permit amendment provisions of part 7007.1450. The following

always require major permit amendments:

A. any significant amendment to existing monitoring, reporting, or record keeping

requirements in the permit other than:

(1) adding new requirements;

(2) eliminating the requirements if they are rendered meaningless because the

only emissions to which the requirements apply will no longer occur;

(3) eliminating one validated reference test method for a pollutant and source

category in order to add another;

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(4) eliminating the requirements that are redundant to or less strict than

other existing requirements;

(5) eliminating the requirements that are technically incorrect where the

elimination does not affect the accuracy of the data generated or of the monitoring information

recorded or reported; or

(6) eliminating the requirements for a piece of equipment that no longer

exists or has been permanently disabled from use at the stationary source;

B. any amendment to establish or amend a permit condition that is required to

be based on a case-by-case determination of an emission limitation or other standard, on a

source-specific determination of ambient impacts, or on a visibility or increment analysis;

C. any amendment to establish or change a permit term or condition for which there

is no corresponding underlying applicable requirement described in part 7007.0100, subpart 7,

items A to K, and that the stationary source has assumed to avoid an applicable requirement to

which the stationary source would otherwise be subject. Such terms and conditions include:

(1) a federally enforceable emissions cap assumed to avoid classification as

a title I modification; and

(2) an alternative emissions limit approved pursuant to regulations

promulgated under section 112(i)(5) of the act (Hazardous Air Pollutant; Schedule for

Compliance; Early Reduction);

D. any amendment authorizing a title I modification, which includes construction

or reconstruction of a major source of hazardous air pollutants under section 112(g)(2)(B)

of the act; and

E. any amendment required by agency rule to be made under the major permit

amendment procedures.

Subp. 2. Major amendment application requirements. To apply for a major permit

amendment, the permittee shall follow the application procedures in parts 7007.0100 to

7007.1850 which are applicable to a new or renewed permit of the type being amended.

Subp. 3. Agency processing procedures. The agency shall process an application for a

major permit amendment to a part 70 permit following the same procedures applicable to an

application for a new or reissued part 70 permit, including procedures for public participation,

administrator review, and affected states review. The agency shall process an application for a

major amendment to a state permit following the same procedures applicable to an application

for a new or reissued state permit, except that:

A. the agency shall not provide for public notice and comment under part 7007.0850

unless the major amendment is described in subpart 1, item C or D, and the administrator

requires such notice, or the agency makes a determination to provide for public notice and

comment under part 7007.0850, subpart 2, item C; and

B. the agency shall not submit the major amendment to EPA for review under

part 7007.0950 unless the major amendment is described in subpart 1, item C or D, and the

administrator requires such notice.

Subp. 3a. Making existing facilities into affected facilities subject to new source

performance standards.

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A. The owner or operator of a stationary source may construct an affected facility,

as that term is defined in Code of Federal Regulations, title 40, section 60.2, as amended

(Standards of Performance for New Stationary Sources; Definitions), upon receiving from

the agency written approval to construct the affected facility. For purposes of this subpart,

construction of an affected facility includes only modification or reconstruction, as described

in Code of Federal Regulations, title 40, sections 60.14 and 60.15, as amended, making an

existing facility into an affected facility. No person may begin to operate the affected facility

until receipt of a major amendment issued by the agency under this part.

B. The agency shall issue written approval to construct, or explain in writing why

the approval will not be granted, within 60 days of receiving a complete permit application

seeking authorization to construct and operate the affected facility. The application must

be accompanied by a written request for approval to construct under this subpart, and a

statement certified by a responsible official certifying that requirements of part C (Prevention

of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment

Areas) of the act do not apply to the proposed construction. The approval to construct shall

only apply to the affected facility.

C. This subpart does not apply if the construction, reconstruction, or modification

would be subject to the new source review requirements of part C (Prevention of Significant

Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act.

D. This subpart does not relieve the applicant of the obligation to comply with the

requirements of Minnesota Statutes, chapter 116D, prior to construction, if applicable.

Subp. 4. Permit shield. The permit shield described in part 7007.1800 shall apply

to amendments made through the major permit amendment process, except that the permit

shield does not apply to construction carried out under subpart 3a prior to issuance of a major

permit amendment.

Statutory Authority: MS s 116.07

History: 18 SR 1059; 20 SR 2316; 22 SR 1237; 22 SR 2300; 23 SR 2224

7007.1600 PERMIT REOPENING AND AMENDMENT BY AGENCY.

Subpart 1. Mandatory reopening. The agency shall reopen and amend a permit when:

A. Additional federal applicable requirements become applicable to a stationary

source with a remaining permit term of three or more years or with a permit which is

nonexpiring. Such a reopening and amendment shall be completed not later than 18 months

after promulgation of the federal applicable requirement. No such reopening is required if the

effective date of the requirement is later than the date on which the permit is due to expire.

B. Additional requirements, including excess emissions requirements, become

applicable to an affected source under the acid rain program. Upon approval by the

administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

C. The agency or the administrator determines that the permit contains a material

mistake or that inaccurate statements were made in establishing the emissions standards,

limitations, or other terms or conditions of the permit.

D. The administrator or the agency determines that the permit must be revised or

revoked to assure compliance with the applicable requirements.

Subp. 2. Nonmandatory reopening. The agency may reopen and amend a permit when:

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A. additional state applicable requirements become applicable to a permitted

stationary source, and the effective date of the requirement is prior to the date on which the

permit is due to expire;

B. alterations or modifications to the permitted facility will result in or have the

potential to result in significant alteration of the nature or quantity of regulated air pollutants to

be emitted by the permittee;

C. the commissioner of the agency receives information previously unavailable to

the agency that shows that the terms and conditions of the permit do not accurately represent

the actual circumstances relating to the permitted facility;

D. a court of competent jurisdiction invalidates or modifies a Minnesota or federal

statute or rule or federal guideline upon which a condition of the permit is based;

E. an event occurs that is beyond the control of the permittee that necessitates

modification of a compliance schedule in the permit; and

F. the commissioner finds that the permitted facility or activity endangers human

health or the environment and that a change in the operation of the permitted facility or in the

conduct of the permitted activity would remove the danger to human health or the environment.

Subp. 3. Reopening procedure. To reopen and amend a permit, the agency shall follow

the procedures that apply to major permit amendments under parts 7007.0100 to 7007.1850,

unless the amendment can be made as an administrative amendment under part 7007.1400.

During the reopening, the agency may only make those amendments to the permit which are

related to the grounds for the reopening under subparts 1 and 2. Mandatory reopenings under

subpart 1 shall be made as expeditiously as practicable. In lieu of an application, the major

permit amendment process will commence when the agency gives the permittee written notice

of its intent to amend the permit. The agency shall not issue the amendment, or make public

notice of the amendment where public notice is required, until at least 30 days after the agency

has given the permittee notice of its intent to amend the permit, unless the permittee consents

to less notice, or in the case of an emergency. In cases where public participation is required,

only those portions of the permit which the agency proposes to amend shall be open for public

comment or consideration at a meeting or hearing.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1650 REOPENINGS FOR CAUSE BY EPA.

The administrator may reopen part 70 permits as provided in Code of Federal Regulations,

title 40, section 70.7(g), as amended.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1700 PERMIT REVOCATION BY AGENCY.

Subpart 1. Permit revocation without reissuance. The agency may revoke permits

and not reissue them when:

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A. there exists at the permitted facility unresolved noncompliance with applicable

requirements or a condition of the permit, and the permittee refuses to undertake an enforceable

schedule of compliance to resolve the noncompliance;

B. the permittee fails to disclose fully the facts relevant to issuance of the permit or

submits false or misleading information to the agency or the administrator;

C. the agency finds that the permitted facility or activity endangers human health or

the environment and that the danger cannot be removed by an amendment to the permit;

D. the permittee has failed to comply with any requirement under chapter 7002

to pay fees; or

E. the permittee has failed to pay a penalty owed pursuant to court order, consent

decree, stipulation agreement, schedule of compliance, or order issued under Minnesota

Statutes, section 116.07.

Subp. 2. Revocation procedures. The agency shall give notice to the permittee of its

intention to revoke a permit without reissuance. This notice must state that within 30 days

of the receipt of the notice the permittee may request a contested case hearing be held on the

proposed action, except that the agency may provide less notice in case of an emergency. If the

permittee requests a contested case hearing, the agency shall hold the hearing in accordance

with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8401.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1750 FEDERAL ENFORCEABILITY.

A. All conditions of a permit issued under parts 7007.0100 to 7007.1850 are

enforceable by the administrator and citizens under the act, unless designated otherwise in

the permit under item B.

B. The agency shall designate a condition of a permit to be not enforceable by the

administrator and citizens under the act if the condition is not required by:

(1) an applicable requirement listed in part 7007.0100, subpart 7, items A

to K, including requirements provided in Minnesota's implementation plan approved by the

administrator under title I of the act; or

(2) parts 7007.0100 to 7007.1850, after approval of Minnesota's part 70

program by the administrator under title V of the act.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1800 PERMIT SHIELD.

A. The agency shall include in a permit a provision, known as a permit shield

provision, stating that compliance with the conditions of the permit shall be deemed

compliance with any applicable requirements as of the date of permit issuance. However, the

shield shall only have legal effect if:

(1) the specific provision of the applicable requirement is identified in the

permit as the basis of permit conditions; or

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(2) the agency in acting on the application for the permit or major amendment,

determines in writing that other requirements specifically identified are not applicable to the

stationary source, and the permit includes the determination or a concise summary of it.

B. If the permit does not expressly state that a permit shield is provided, it shall

be presumed not to provide such a shield.

C. Nothing in this part or in any permit shall alter or affect the following:

(1) the emergency order provisions of section 303 of the act, including

the authority of the administrator under that section, and the agency's authority under the

emergency powers provision of Minnesota Statutes, section 116.11;

(2) the liability of an owner or operator of a stationary source for any

violation of applicable requirements prior to or at the time of permit issuance;

(3) the applicable requirements of the acid rain program, consistent with

section 408(a) of the act; or

(4) the ability of the agency or EPA to obtain information through inspections,

monitoring, and entry of a stationary source pursuant to Minnesota Statutes, section 116.091,

and section 114 of the act.

D. The permit shield shall not be provided for permit conditions established through

a minor or moderate permit amendment, or through an administrative amendment except as

stated in part 7007.1400, subpart 1, item F.

E. The permit shield shall not be provided for a permit condition if the permittee

knowingly submitted false or misleading information to the agency and the permit condition

was based on that information.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.1850 EMERGENCY PROVISION.

A. An "emergency" means any situation arising from sudden and reasonably

unforeseeable events beyond the control of the stationary source, including an act of God,

that requires immediate corrective action to restore normal operation, and that causes the

stationary source to exceed a technology-based emission limitation under the permit, due

to unavoidable increases in emissions attributable to the emergency. An emergency shall

not include noncompliance to the extent caused by improperly designed equipment, lack of

preventative maintenance, careless or improper operation, or operator error. Consistent with

this definition of emergency, the agency may state in the permit what types of situations will

not be considered emergencies if they occur.

B. An emergency constitutes an affirmative defense to an action brought for

noncompliance with such technology-based emission limitations if the conditions of item

C are met.

C. The affirmative defense of emergency shall be demonstrated through properly

signed, contemporaneous operating logs, or other relevant evidence that:

(1) an emergency occurred and that the permittee can identify the cause or

causes of the emergency;

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(2) the permitted facility was at the time being properly operated;

(3) the permittee submitted notice of the emergency to the agency within

two working days of when the emission limitations were exceeded due to the emergency.

This notice must contain a detailed description of the emergency, any steps taken to mitigate

emissions, and corrective actions taken; and

(4) during the period of the emergency, the permittee took all reasonable

steps to minimize levels of emissions that exceeded the emission limitations, standards, or

regulations in the permit.

D. In any enforcement proceeding, the permittee seeking to establish the occurrence

of an emergency has the burden of proof.

E. This provision is in addition to any emergency or upset provision contained in

any applicable requirement.

F. This provision does not limit the emergency power of the agency under Minnesota

Statutes, section 116.11.

Statutory Authority: MS s 116.07

History: 18 SR 1059

7007.3000 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY.

Any person who constructs, modifies, reconstructs, or operates an emissions unit, emission

facility, or stationary source must meet the requirements of Code of Federal Regulations, title

40, part 52.21, as amended, entitled "Prevention of Significant Deterioration of Air Quality,"

which is adopted and incorporated by reference.

All applications and other information required pursuant to Code of Federal Regulations,

title 40, part 52.21, from emissions units, emission facilities, and stationary sources located in

Minnesota shall be submitted to the commissioner.

Statutory Authority: MS s 116.07

History: 18 SR 580; 32 SR 904

7007.3010 CONSTRUCTION OR RECONSTRUCTION OF A MAJOR SOURCE OF

HAZARDOUS AIR POLLUTANTS UNDER SECTION 112(g)(2)(B) OF THE ACT.

Any person who constructs or reconstructs a major hazardous air pollutant source as

defined in Code of Regulations, title 40, section 63.41, except electric utility steam generating

units, stationary sources in deleted source categories under section 112(C)(9) of the act,

and research and development activities, must meet the requirements of Code of Federal

Regulations, title 40, part 63, subpart B, sections 63.40 to 63.44, as amended, entitled

"Requirements for Control Technology," which is adopted and incorporated by reference,

except sections 63.42(a) and 63.42(b) are not included.

All applications and other information required pursuant to Code of Federal Regulations,

title 40, part 63, subpart B, sections 63.40 to 63.44, from emissions units, emission facilities,

and stationary sources located in Minnesota shall be submitted to the commissioner.

Statutory Authority: MS s 116.07

History: 22 SR 2300

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EMISSION FACILITY OFFSETS

7007.4000 SCOPE.

Parts 7007.4000 to 7007.4030 apply to persons who propose to construct a major

stationary source or major modification in a nonattainment area and to persons who propose

to construct a major stationary source or major modification in a designated attainment or

unclassifiable area with emissions that would cause or contribute to a violation of a national

ambient air quality standard in a nonattainment area.

Statutory Authority: MS s 116.07

History: 13 SR 2153; 17 SR 350; 18 SR 614

7007.4010 DEFINITIONS.

Subpart 1. Scope. The definitions in Code of Federal Regulations, title 40, chapter I, part

51, appendix S, apply to the terms used in parts 7007.4000 to 7007.4030 unless the terms are

defined in this part. For the purposes of parts 7007.4000 to 7007.4030, the following words

have the meanings defined below.

Subp. 1a. [Repealed, 17 SR 350]

Subp. 1b. [Repealed, 17 SR 350]

Subp. 2. [Repealed, 17 SR 350]

Subp. 2a. [Repealed, 17 SR 350]

Subp. 2b. [Repealed, 17 SR 350]

Subp. 3. [Repealed, 13 SR 2153]

Subp. 3a. Attainment area. "Attainment area" means any geographic area that has been

designated by the United States Environmental Protection Agency as "better than national

standards" for any national ambient air quality standard in Code of Federal Regulations, title

40, chapter I, section 81.324, as amended.

Subp. 4. [Repealed, 13 SR 2153]

Subp. 5. [Repealed, 17 SR 350]

Subp. 6. [Repealed, 17 SR 350]

Subp. 7. [Repealed, 17 SR 350]

Subp. 7a. Major stationary source. "Major stationary source" means:

A. a major stationary source as defined in Code of Federal Regulations, chapter

I, title 40, part 51, appendix S, (1990); or

B. a stationary source that emits or has the potential to emit 70 tons or more per year

of PM10 and that is located or that will locate in an area classified as "serious" under United

States Code, title 42, section 7513, as amended.

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Subp. 7b. National ambient air quality standards. "National ambient air quality

standards" means any air quality standard promulgated in Code of Federal Regulations, title

40, part 50, as amended.

Subp. 8. [Repealed, 17 SR 350]

Subp. 9. [Repealed, 17 SR 350]

Subp. 10. Nonattainment area. "Nonattainment area" means any geographic region

that has been designated by the United States Environmental Protection Agency as violating

a national ambient air quality standard in Code of Federal Regulations, title 40, section

81.324, as amended.

Subp. 11. [Repealed, 17 SR 350]

Subp. 11a. [Repealed, 28 SR 1482]

Subp. 12. [Repealed, 17 SR 350]

Subp. 13. [Repealed, 17 SR 350]

Subp. 14. [Repealed, 13 SR 2153]

Subp. 14a. [Repealed, 17 SR 350]

Subp. 15. [Repealed, 13 SR 2153]

Subp. 16. [Repealed, 13 SR 2153]

Subp. 17. [Repealed, 13 SR 2153]

Subp. 18. [Repealed, 13 SR 2153]

Subp. 19. [Repealed, 13 SR 2153]

Subp. 19a. Significant emissions increase. "Significant emissions increase" means a net

increase in emissions or the potential of a stationary source to emit any of the listed pollutants

that would equal or exceed any of the rates of emissions in Code of Federal Regulations, title

40, part 51, Appendix S, Part II.A.10(i), as amended. Any net emissions increase that is

considered significant for volatile organic compounds must be considered significant for ozone.

Subp. 19b. Unclassifiable area. "Unclassifiable area" means any geographic area that

has been designated by the United States Environmental Protection Agency as "cannot be

classified" for any national ambient air quality standard in Code of Federal Regulations, title

40, chapter I, section 81.324, as amended.

Subp. 20. [Repealed, 28 SR 1482]

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 13 SR 2153; 17 SR 350; 18 SR 614; 28 SR 1482

7007.4020 CONDITIONS FOR PERMIT.

Subpart 1. In general. Unless the requirements of Code of Federal Regulations, title

40, chapter I, part 51, appendix S, (1991), as incorporated in subpart 2a, are first satisfied, no

131
person shall commence construction, as defined in appendix S, part (II), section (A), of a major

stationary source or major modification in:

A. a nonattainment area; or

B. an attainment area or unclassifiable area if that major stationary source or major

modification would cause or contribute to a violation of a national ambient air quality standard

in a nonattainment area as determined by the significance levels established in Code of Federal

Regulations, title 40, chapter I, part 51, appendix S, part III, (1991).

Subp. 2. [Repealed, 17 SR 350]

Subp. 2a. Modified federal standard. Persons subject to subpart 1 must comply

with Code of Federal Regulations, title 40, chapter I, part 51, appendix S, (1991), with the

following exceptions:

A. Code of Federal Regulations, title 40, chapter I, part 51, appendix S, part IV,

section A, condition 1, footnotes 4 and 5, (1991), do not apply.

B. Code of Federal Regulations, title 40, chapter I, part 51, appendix S, part IV,

section A, condition 3, is amended to read:

Emission reductions ("offsets") from existing sources in the same area of the proposed

source (whether or not under the same ownership) are required such that there will

be reasonable progress toward attainment of the applicable NAAQS. Offsets must be

based on actual emissions as defined in Code of Federal Regulations, title 40, section

51.165(a)(3), as amended. Only intrapollutant emission offsets will be acceptable (e.g.

hydrocarbon increases may not be offset against SO2reductions).

C. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section A,

condition 3, footnote 7, (1991), does not apply.

D. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section A,

footnote 8, (1991), does not apply.

E. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section B,

(1991), does not apply.

F. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section C,

(1991), applies except that, consistent with Code of Federal Regulations, title 40, section

51.165(3)(i)(A), as amended, the offset baseline shall be the actual emissions of the source

from which offset credit is obtained.

G. Code of Federal Regulations, title 40, part 51, appendix S, part IV, section C,

(5), (1991), does not apply.

Subp. 3. [Repealed, 17 SR 350]

Subp. 4. [Repealed, 17 SR 350]

Subp. 5. [Repealed, 17 SR 350]

Subp. 6. [Repealed, 13 SR 2153]

Subp. 7. [Repealed, 17 SR 350]

Subp. 8. [Repealed, 17 SR 350]

132
Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 13 SR 2153; 17 SR 350; 17 SR 3380; 18 SR 614; 23 SR 2224

7007.4030 LIMITATION ON USE OF OFFSETS.

To the extent that these parts create a program for the use of offsets or allow persons to

purchase or obtain offsets, parts 7007.4000 to 7007.4030 shall not be construed to create a

property right that requires compensation from the state should offsets later become unusable

due to a change in an applicable emission limitation or standard of the agency.

Statutory Authority: MS s 116.07

History: 13 SR 2153; 17 SR 350; 18 SR 614

7007.5000 BEST AVAILABLE RETROFIT TECHNOLOGY.

Subpart 1. Incorporation by reference. Code of Federal Regulations, title 40, part

51.301 (Definitions), as amended, is incorporated by reference. Appendix Y (Guidelines for

Best Available Retrofit Technology (BART) Determinations Under the Regional Haze Rule) of

Code of Federal Regulations, title 40, part 51, as amended, is incorporated by reference.

Subp. 2. BART determination. The owner or operator of a stationary source shall

submit a best available retrofit technology (BART) analysis to the commissioner if the

commissioner determines the stationary source is subject to BART according to Code of

Federal Regulations, title 40, part 51, Appendix Y (Guidelines for BART Determinations

Under the Regional Haze Rule). The owner or operator shall prepare the BART analysis

according to section IV of Appendix Y of Code of Federal Regulations, title 40, part 51, as

directed by the commissioner. The owner or operator of a stationary source shall submit the

BART analysis 180 days after receipt of written notification by the commissioner that a BART

analysis is required. The commissioner shall make the BART determination according to

Appendix Y of Code of Federal Regulations, title 40, part 51.

Subp. 3. BART implementation. The owner of each BART-eligible source subject

to BART shall install and operate BART no later than five years after the United States

Environmental Protection Agency approval of Minnesota's regional haze state implementation

plan. The owner or operator of each source subject to BART shall operate and maintain the

control equipment or work practices required by this part and shall establish procedures to

ensure such equipment or work practices are properly operated and maintained.

Statutory Authority: MS s 116.07

History: 32 SR 904

133
CHAPTER 7008

MINNESOTA POLLUTION CONTROL AGENCY

EXEMPT AIR EMISSIONS

7008.0050 SCOPE.

7008.0100 DEFINITIONS.

7008.0200 GENERAL REQUIREMENTS.

7008.0300 PERMITS.

7008.2000 CONDITIONALLY EXEMPT

STATIONARY SOURCES;

ELIGIBILITY.

7008.2100 GASOLINE SERVICE STATIONS

TECHNICAL STANDARDS.

7008.2200 CONCRETE MANUFACTURING

TECHNICAL STANDARDS.

7008.2250 RECORD KEEPING FOR CONCRETE

MANUFACTURING PLANTS.

7008.4000 CONDITIONALLY INSIGNIFICANT

ACTIVITIES.

7008.4100 CONDITIONALLY INSIGNIFICANT

VOC USAGE.

7008.4110 CONDITIONALLY INSIGNIFICANT

PM AND PM10 EMITTING

OPERATIONS.

7008.0050 SCOPE.

This chapter establishes the conditions under which eligible stationary sources are exempt

from the requirement to apply for and obtain an air emission permit as provided under part

7007.0300. This chapter also establishes the conditions under which certain activities will

qualify as insignificant activities for purposes of parts 7007.0100 to 7007.1850.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.0100 DEFINITIONS.

Subpart 1. Scope. The definitions in this part apply to the terms used in this chapter. The

definitions in parts 7000.0100, 7005.0100, and 7007.0100 apply to the terms used in this

chapter unless the terms are otherwise defined in this part.

Subp. 2. Gasoline service station. "Gasoline service station" means any stationary

source that dispenses gasoline to vehicles. Bulk plants, petroleum distribution terminals, and

refineries are not gasoline service stations.

Subp. 3. Refueling positions. "Refueling positions" means the number of vehicles that

could be receiving gasoline simultaneously at a gasoline service station.

Subp. 4. Stage-one vapor recovery. "Stage-one vapor recovery" means pipes or hoses,

or both, that create a closed system connecting a gasoline unloading tank and a gasoline

receiving tank so that the vapors displaced from the receiving tank are transferred to the

unloading tank.

Statutory Authority: MS s 116.07

History: 27 SR 1579

1
7008.0200 GENERAL REQUIREMENTS.

A. Filing an application for a permit under chapter 7007 by the owner or operator of

a stationary source does not stay any condition or requirement of this chapter until a permit

is issued.

B. The owner or operator shall furnish to the commissioner, within a reasonable

time, any information that the commissioner may request in writing to determine whether the

conditions of this chapter have been violated. Upon request, the owner or operator shall also

furnish to the commissioner copies of records to be kept by the owner or operator as required

by this chapter. The owner or operator shall maintain records for the current calendar year at

the subject stationary source. The owner or operator shall maintain copies of records required

by this chapter for five years from the date the record was made. For all years prior to the

current calendar year, the owner or operator shall maintain the records at the subject stationary

source or at an office of the owner or operator.

C. All reports, record keeping, testing, and monitoring submittals to the

commissioner under this chapter must include a certification made by a responsible official.

The certification must state that, based on information and belief formed after reasonable

inquiry, the statements and information in the document are true, accurate, and complete.

D. The owner or operator shall at all times properly operate and maintain the

facilities and systems of treatment and control, and the appurtenances related to them that are

installed or used by the owner or operator, to achieve compliance with this chapter. Proper

operation and maintenance includes effective performance, adequate funding, adequate

operator staffing and training, and adequate laboratory and process controls, including

appropriate quality assurance procedures.

E. The owner or operator shall maintain sufficient records to demonstrate the proper

operation and maintenance of treatment and control and the appurtenances related to them that

are installed or used by the owner or operator to achieve compliance with this chapter. The

records must include at least a description of any maintenance, inspection, and repair activity;

the date the activity was completed; and any corrective action taken. If an emissions unit can

be operated without the associated control equipment, the owner or operator shall maintain a

record of control equipment operation while the emissions unit is operated.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.0300 PERMITS.

Subpart 1. Existing permit or permit application. If the owner or operator has

submitted a complete application for a permit for a stationary source that could otherwise be

conditionally exempt from the requirement to obtain a permit under this chapter, then the

owner or operator may withdraw the original application by giving notice in writing to the

commissioner. If a permit has been issued for a stationary source that could otherwise be

conditionally exempt from the requirement to obtain a permit under this chapter, the owner

or operator may request the commissioner to void the permit because the owner or operator

intends to comply with this chapter.

2
Subp. 2. Application for permit. The owner or operator shall submit an application for

a part 70, state, general, or registration permit, within 120 days of the commissioner's written

request for the application if the commissioner determines that:

A. the stationary source has a history of noncompliance with applicable

requirements;

B. the stationary source is not eligible for the conditional exemption from the

requirement to obtain a permit as provided by part 7007.0300, subpart 1;

C. the applicable requirements to which the stationary source is subject have

changed substantially; or

D. the stationary source endangers human health or the environment and that a

change in the operation of the stationary source would remove the danger to human health

or the environment.

Subp. 3. No circumvention; permit shield.

A. The owner or operator of a stationary source that claims to be exempt from

the requirement to obtain a permit under this chapter is subject to enforcement action for

operation without a permit if the commissioner later determines that the stationary source does

not qualify for the conditional exemption.

B. The permit shield under part 7007.1800 does not apply to any stationary source

that is exempt from the requirement to obtain a permit under this chapter.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.2000 CONDITIONALLY EXEMPT STATIONARY SOURCES; ELIGIBILITY.

Any stationary source that has no other emissions or emissions units that would require a

permit under chapter 7007 may operate without a permit under this chapter. To be eligible

to operate without a permit under this chapter, the stationary source must comply with all

general and technical standards established by this chapter and all applicable requirements as

defined in part 7007.0100, subpart 7.

If the stationary source has other emissions or emissions units, the owner or operator

shall determine if a permit is required as provided in part 7007.0150. If the limits provided

in this chapter are used as provided in part 7007.0150, subpart 4, for certain emissions units,

the stationary source must comply with all general and technical standards established in this

chapter for those emissions units.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.2100 GASOLINE SERVICE STATIONS TECHNICAL STANDARDS.

Subpart 1. Eligibility. To be eligible to operate without a permit under this chapter, the

stationary source must comply with this part in addition to the general operating requirements

in part 7008.0200.

A. Gasoline receipt and dispensing operations must account for substantially all of

the emissions from the facility. All other emissions from the stationary source must be from

3
insignificant activities under part 7007.1300, subparts 2 and 3, or conditionally insignificant

activities.

B. The owner or operator of a gasoline service station shall have monthly gasoline

throughput quantities that are less than the following:

(1) for gasoline service stations located in ozone attainment areas or marginal

or moderate ozone nonattainment areas:

(a) gasoline service stations with stage-one vapor recovery, 630,000

gallons of gasoline per month; and

(b) gasoline service stations without stage-one vapor recovery, 380,000

gallons of gasoline per month; and

(2) for gasoline service stations located in serious ozone nonattainment areas:

(a) gasoline service stations with stage-one vapor recovery, 310,000

gallons of gasoline per month; and

(b) gasoline service stations without stage-one vapor recovery, 190,000

gallons of gasoline per month.

C. Stage-one vapor recovery systems must comply with the requirements of part

7011.0870.

Subp. 2. Record keeping. The owner or operator of a gasoline service station shall

maintain records for each calendar month of the number of gallons of gasoline throughput.

Subp. 3. Notification.

A. The owner or operator of a gasoline service station shall submit a notification to

the commissioner within 90 days of April 28, 2003, or at least 90 days prior to commencement

of construction of a gasoline service station if the number of refueling positions is greater

than the following:

(1) for ozone attainment areas or marginal or moderate ozone nonattainment

areas:

(a) gasoline service stations with stage-one vapor recovery with 30

or more refueling positions; and

(b) gasoline service stations without stage-one vapor recovery with 18

or more refueling positions; and

(2) for ozone serious nonattainment areas:

(a) gasoline service stations with stage-one vapor recovery with 15

or more refueling positions; and

(b) gasoline service stations without stage-one vapor recovery with ten

or more refueling positions.

B. The notification in item A shall contain the following:

(1) the owner's name;

(2) the operator's name if different from the owner's name;

(3) the facility name and location; and

4
(4) the maximum monthly gasoline throughput, in gallons, in the previous 12

months or anticipated maximum monthly throughput if the facility is not completed.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.2200 CONCRETE MANUFACTURING TECHNICAL STANDARDS.

Subpart 1. Eligibility. To be eligible to operate without a permit under this chapter, a

concrete manufacturing stationary source must meet the requirements of this part and parts

7008.2250 and 7011.0850 to 7011.0859 in addition to the general operating requirements in

part 7008.0200.

Subp. 2. Production limitation. Production must be limited to less than 300,000 tons

of unhardened concrete in any calendar year for owners or operators that elect not to receive

emissions reduction credit for road dust control. Production must be limited to less than

360,000 tons of unhardened concrete in any calendar year for owners or operators that elect

to receive credit for road dust control on unpaved roads by:

A. recording the date and time of the road dust control action and the initials of the

person making the record;

B. recording the amount of water or dust suppressant applied; and

C. if a commercially available dust suppressant is used, applying it in accordance

with the manufacturer's guidelines.

Subp. 3. Authorized emissions units and activities. The concrete manufacturing plant

may contain only the emissions units and activities described in items A to D:

A. Storage piles, aggregate transfer, cementitious material transfer, weigh hopper

loading, mixers, mixer loading, truck loading, block forming equipment, mobile vehicle

sources such as trucks, front-end loaders, and forklifts, and aggregate heaters used solely to

improve the flowability of aggregate used in manufacturing concrete burning only natural gas,

propane, or No. 1 or No. 2 fuel oil or a combination of these fuels.

B. Individual indirect heating equipment, as defined in part 7011.0500, subpart 9,

with a rated heat input capacity less than 10,000,000 Btu per hour burning only natural gas,

propane, or No. 1 or No. 2 fuel oil or a combination of these fuels.

C. Nonmobile internal combustion engines, such as emergency generators, burning

less than 37,500 gallons per calendar year of gasoline, No. 1 fuel oil, or No. 2 fuel oil

combined.

D. Miscellaneous units and activities as described in subitem (1) or (2):

(1) For the entire stationary source, total VOC-containing material usage or

purchases of less than 500 gallons in any calendar year or conditionally insignificant VOC

usage. If the owner or operator ships VOC off site for recycling, the amount recycled may be

subtracted from the amount of VOC purchased or used. "Recycling" means the reclamation or

reuse, as defined in part 7045.0020, of a VOC. If the owner or operator ships VOC off site

for recycling, the owner or operator shall keep records of the amount of material shipped off

site for recycling and the calculations done to determine the amount to subtract. Acceptable

records include: material safety data sheets, invoices, shipping papers, and/or hazardous

waste manifests.

5
(2) Any of the insignificant activities listed in part 7007.1300, subpart 2 or

3, or conditionally insignificant activities.

Subp. 4. PM-10 nonattainment areas. The concrete manufacturing plant may not be

located in areas designated as nonattainment for PM-10.

Subp. 5. Crushing operations. Crushing operations may be located at the concrete

manufacturing plant site and are not considered part of the concrete manufacturing plant

unless more than 50 percent of the material processed by the crusher or crushers is used by

the concrete manufacturing plant in the manufacture of concrete. The owner or operator of

the crusher and associated operations shall obtain an air emissions permit for the crusher or

crushers and associated operations if they are described under part 7007.0200 or 7007.0250.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.2250 RECORD KEEPING FOR CONCRETE MANUFACTURING PLANTS.

The owner or operator of a concrete manufacturing plant shall comply with the record

keeping listed in items A to D.

A. The owner or operator shall maintain records of the calendar year production of

unhardened concrete in tons to demonstrate compliance with part 7008.2200, subpart 2.

B. The owner or operator shall maintain records to demonstrate compliance with the

conditionally insignificant activities.

C. The owner or operator shall maintain records of the types of fuel combusted

in nonmobile emissions units in each calendar year to demonstrate compliance with part

7008.2200, subpart 3, items A to C, and maintain records of the amounts of fuel combusted

in nonmobile internal combustion engines to demonstrate compliance with part 7008.2200,

subpart 3, item C.

D. If the owner or operator elects to receive emissions reduction credit for road

dust control, the owner or operator shall maintain records to demonstrate compliance with

part 7008.2200, subpart 2, items A and B.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7008.4000 CONDITIONALLY INSIGNIFICANT ACTIVITIES.

If operated in compliance with this part and parts 7008.4100 and 7008.4110, the activities

and operation of the emissions units listed in parts 7008.4100 and 7008.4110 are insignificant

activities for purposes of parts 7007.0100 to 7007.1850. Listing in part 7008.4100 or

7008.4110 has no effect on any other law, including laws enforced by the agency other than

parts 7007.0100 to 7007.1850, to which the activity may be subject.

The activities described in parts 7008.4100 and 7008.4110 must be listed in a permit

application, and calculation of emissions from these activities shall be provided if required by

the agency, under part 7007.0500, subpart 2, item C, subitem (2). If emissions units listed in

part 7008.4100 or 7008.4110 are subject to additional requirements under section 114(a)(3) of

the act (Monitoring Requirements) or section 112 of the act (Hazardous Air Pollutants), or if

6
part of a title I modification, or, if accounted for, make a stationary source subject to a part 70

permit, emissions from the emissions units must be calculated in the permit application.

Statutory Authority: MS s 116.07

History: 27 SR 1579; 28 SR 1482

7008.4100 CONDITIONALLY INSIGNIFICANT VOC USAGE.

Subpart 1. Applicability. This part applies to any stationary source claiming VOC

usage as a conditionally insignificant activity.

Subp. 2. VOC usage limit. The stationary source must limit its use of VOC to less

than 200 gallons or 2,000 pounds in each calendar year period calculated according to the

method in subpart 4. All VOC usage from all emissions units at the stationary source must be

accounted for in the calculated annual usage. This limit applies regardless of the hazardous

air pollutant content of the VOC.

Subp. 3. Record keeping. The owner or operator claiming VOC usage as a conditionally

insignificant activity shall:

A. maintain records for each calendar year of the number of gallons of

VOC-containing materials purchased or used and the maximum VOC content of each material;

B. maintain a record of the material safety data sheet (MSDS), or a signed statement

from the supplier stating the maximum VOC content, for each material;

C. if the owner or operator ships VOCs off-site for recycling, keep records of the

amount of material shipped off-site for recycling and the calculations done to determine the

amount to subtract. Acceptable records include: the material safety data sheets, invoices,

shipping papers, and/or hazardous waste manifests; and

D. if requested by the commissioner, calculate and record for any of the previous

five calendar years the sum of the actual number of gallons of VOC purchased or used, the

calculation itself, and a list of the associated emissions units in which it was used.

Subp. 4. Calculating VOC usage. An owner or operator claiming VOC usage as a

conditionally insignificant activity must calculate VOC usage using one of the methods in item

A or B. If the owner or operator ships spent VOC off-site for recycling, the amount recycled

may be subtracted from the amount of VOC used. "Recycling" means the reclamation or

reuse, as defined in part 7045.0020, of a VOC. If the owner or operator ships VOC off-site for

recycling, the owner or operator shall keep records of the amount of material shipped off-site

for recycling and the calculations done to determine the amount to subtract.

A. Gallons of VOC: gallons of VOC used per calendar year equals volume

percentage of VOC multiplied by the gallons of VOC-containing material purchased or used in

a calendar year.

B. Pounds of VOC: pounds of VOC used per calendar year equals gallons purchased

or used in a calendar year multiplied by the pounds VOC per gallon; or pounds purchased or

used in a calendar year multiplied by weight percent of VOC.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7
7008.4110 CONDITIONALLY INSIGNIFICANT PM AND PM10 EMITTING

OPERATIONS.

Subpart 1. Applicability. This part applies to any stationary source claiming particulate

matter (PM) or particulate matter of less than ten microns (PM10) venting equipment as a

conditionally insignificant activity.

Subp. 2. Requirements. Emissions from equipment venting PM or PM10 inside a

building, for example: buffing, polishing, carving, cutting, drilling, machining, routing,

sanding, sawing, surface grinding, or turning equipment, must be:

A. filtered through an air cleaning system; and

B. vented inside of the building 100 percent of the time.

Statutory Authority: MS s 116.07

History: 28 SR 1482

8
CHAPTER 7009

MINNESOTA POLLUTION CONTROL AGENCY

AMBIENT AIR QUALITY STANDARDS

AMBIENT AIR QUALITY STANDARDS

7009.0010 DEFINITIONS.

7009.0020 PROHIBITED EMISSIONS.

7009.0030 ENFORCEMENT.

7009.0040 ENFORCEMENT; OPTIONS.

7009.0050 INTERPRETATION AND

MEASUREMENT METHODOLOGY,

EXCEPT FOR HYDROGEN SULFIDE.

7009.0060 MEASUREMENT METHODOLOGY

FOR HYDROGEN SULFIDE.

7009.0070 TIME OF COMPLIANCE.

7009.0080 STATE AMBIENT AIR QUALITY

STANDARDS.

AIR POLLUTION EPISODES

7009.1000 AIR POLLUTION EPISODES.

7009.1010 DEFINITIONS.

7009.1020 EPISODE LEVELS.

7009.1030 EPISODE DECLARATION.

7009.1040 CONTROL ACTIONS.

7009.1050 EMERGENCY POWERS.

7009.1060 TABLE 1.

7009.1070 TABLE 2: EMISSION REDUCTION

OBJECTIVES FOR PARTICULATE

MATTER.

7009.1080 TABLE 3: EMISSION OBJECTIVES

FOR SULFUR OXIDES.

7009.1090 TABLE 4: EMISSION REDUCTION

OBJECTIVES FOR NITROGEN

OXIDES.

7009.1100 TABLE 5: EMISSION

REDUCTION OBJECTIVES FOR

HYDROCARBONS.

7009.1110 TABLE 6: EMISSION REDUCTION

OBJECTIVES FOR CARBON

MONOXIDE.

ADOPTION OF FEDERAL REGULATIONS

7009.9000 DETERMINING CONFORMITY OF

GENERAL FEDERAL ACTIONS

TO STATE OR FEDERAL

IMPLEMENTATION PLANS.

AMBIENT AIR QUALITY STANDARDS

7009.0010 DEFINITIONS.

Subpart 1. Scope. For the purpose of parts 7009.0010 to 7009.0080, the following

terms have the meanings given them.

Subp. 2. Primary ambient air quality standards; primary standards. "Primary

ambient air quality standards" or "primary standards" mean levels established to protect the

public health from adverse effects. The adverse effects that the standards should protect

against include acute or chronic subjective symptoms and physiological changes that are likely

to interfere with normal activity in healthy or sensitive individuals or to interfere unreasonably

with the enjoyment of life or property.

Subp. 3. Secondary ambient air quality standards; secondary standards. "Secondary

ambient air quality standards" or "secondary standards" mean levels established to protect the

public welfare from any known or anticipated adverse effects, such as injury to agricultural

crops and livestock, damage to or deterioration of property, annoyance and nuisance of

persons, or hazards to air and ground transportation.

1
Statutory Authority: MS s 116.07 subds 2,4

History: 18 SR 614

7009.0020 PROHIBITED EMISSIONS.

No person shall emit any pollutant in such an amount or in such a manner as to cause or

contribute to a violation of any ambient air quality standard beyond such person's property

line, provided however, that in the event the general public has access to the person's property

or portion thereof, the ambient air quality standards shall apply in those locations. The general

public shall not include employees, trespassers, or other categories of people who have been

directly authorized by the property owner to enter or remain on the property for a limited

period of time and for a specific purpose.

Statutory Authority: MS s 116.07 subds 2,4

History: 18 SR 614

2
7009.0050 INTERPRETATION AND MEASUREMENT METHODOLOGY, EXCEPT

FOR HYDROGEN SULFIDE.

For all ambient air quality standards except hydrogen sulfide, interpretation of the

standards and measurements made to determine compliance with the standards shall be

performed as set forth in:

A. Code of Federal Regulations, title 40, part 50, National Primary and Secondary

Ambient Air Quality Standards, as amended; or

B. Code of Federal Regulations, title 40, part 53-Ambient Air Monitoring Reference

and Equivalent Methods, as amended; and

C. Code of Federal Regulations, title 40, part 58, Ambient Air Quality Surveillance,

as amended.

Statutory Authority: MS s 116.07

History: 18 SR 614; 19 SR 550; 23 SR 2224

7009.0060 MEASUREMENT METHODOLOGY FOR HYDROGEN SULFIDE.

For hydrogen sulfide, measurements made to determine compliance with the standards

shall be performed in accordance with any measurement method approved by the

commissioner. The commissioner shall approve a measurement method where the sensitivity,

precision, accuracy, response time, and interference levels of the method are comparable to

that of the measurement methods for the other pollutants described in part 7009.0050; and

when the person seeking to take the measurement has developed and submitted to the agency a

quality assurance plan that provides operational procedures for each of the activities described

in Code of Federal Regulations, as amended, title 40, part 58, appendix A.2.2, Quality

Assurance Requirements for State and Local Air Monitoring Stations.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 19 SR 550

7009.0070 TIME OF COMPLIANCE.

The ozone and sulfur dioxide standards shall be attained as expeditiously as practicable

but in no case later than December 31, 1984.

Statutory Authority: MS s 116.07 subds 2,4

History: 18 SR 614

7009.0080 STATE AMBIENT AIR QUALITY STANDARDS.

The following table contains the state ambient air quality standards.

Pollutant/ Primary Secondary

Air Standard Standard Remarks

Contaminant

Hydrogen 0.05 ppm by 1/2 hour average not

3
Sulfide volume (70.0 to be exceeded over

micrograms per 2 times per year

cubic meter)

0.03 ppm by 1/2 hour average not

volume (42.0 to be exceeded over

micrograms per 2 times in any 5

cubic meter) consecutive days

Ozone 0.08 ppm same as daily maximum

by volume primary 8 hour

(235 standard average; the

micrograms standard is

per cubic attained when

meter) the average

of the annual

fourth-highest

daily maximum

8-hour average

ozone concentration

is less than or

equal to the

standard

Carbon 9 ppm by same as maximum 8 hour

Monoxide volume (10 primary concentration not

milligrams standard to be exceeded more

per cubic than once per year

meter)

30 ppm by same as maximum 1 hour

volume (35 primary concentration not

milligrams standard to be exceeded more

4
per cubic than once per year

meter)

Sulfur 80 60 maximum annual

Dioxide micrograms micrograms arithmetic mean

per cubic per cubic

meter (0.03 meter (0.02

ppm by ppm by

volume) volume)

365 same as maximum 24 hour

micrograms primary concentration not

per cubic standard to be exceeded more

meter (0.14 than once per year

ppm by

volume)

915 maximum 3 hour

micrograms concentration not

per cubic to be exceeded more

meter (0.35 than once per year

ppm by in Air Quality

volume) Control Regions

127, 129, 130, and

132

1300 maximum 3 hour

micrograms concentration not to

per cubic be exceeded more than

meter (0.5 once per year

ppm by in Air Quality Control

volume) Regions 128, 131, and

133

1300 maximum 3 hour

5
micrograms concentration not to

per cubic be exceeded more than

meter (0.5 once per year

ppm by

volume)

1300 maximum 1 hour

micrograms concentration not to

per cubic be exceeded more than

meter (0.5 once per year

ppm by

volume)

Particulate 75 60 maximum annual

Matter micrograms micrograms geometric mean

per cubic per cubic

meter meter

260 150 maximum 24 hour

micrograms micrograms concentration not

per cubic per cubic to be exceeded more

meter meter than once per year

Nitrogen 0.05 ppm same as maximum annual

Dioxide by volume primary arithmetic mean

(100 standard

micrograms

per cubic

meter)

Lead 1.5 same as maximum arithmetic

micrograms primary mean averaged over

per cubic standard a calendar quarter

6
meter

PM-10 150 same as maximum 24-hour

micrograms primary average concentration;

per cubic standard the standard is

meter attained when the

expected number of

days per calendar

year exceeding the

value of the standard

is equal to or less

than one

50 same as annual arithmetic

micrograms primary mean; the standard

per cubic standard is attained when

meter the expected annual

arithmetic mean

concentration is less

than or equal to the

value of the standard

PM-2.5 65 same as 24-hour average

micrograms primary concentration; the

per cubic standard standard is

meter attained when the

98th percentile

24-hour

concentration is

less than or equal

to the standard

15.0 same as annual

micrograms primary arithmetic mean;

7
per cubic standard the standard is

meter attained when the

annual arithmetic

mean concentration

is less than or

equal to the

standard

Statutory Authority: MS s 116.07

History: 18 SR 614; 19 SR 550; 22 SR 1237; 23 SR 2224

AIR POLLUTION EPISODES

7009.1000 AIR POLLUTION EPISODES.

Parts 7009.1000 to 7009.1110 apply to any owner or operator of any emission facility or

stationary source having allowable emissions of any single air pollutant of 250 or more tons

per year located within or having air pollutant emissions affecting any area within Minnesota

for which an air pollution alert, air pollution warning, air pollution emergency, or air pollution

significant harm episode has been declared by the commissioner.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 20 SR 2316

7009.1010 DEFINITIONS.

Subpart 1. Scope. As used in parts 7009.1000 to 7009.1110, the following words shall

have the meanings defined herein.

Subp. 2. Air pollutant. "Air pollutant" means particulate matter, sulfur dioxide, nitrogen

oxides, ozone, carbon monoxide, or nonmethane hydrocarbons.

Subp. 3. Alert level. "Alert level" means the concentration of pollutants, as specified in

part 7009.1020, at which first stage control actions are to be taken.

Subp. 4. Allowable emission. "Allowable emission" means the emission rate calculated

using the maximum rated capacity of the emission facility or stationary source, unless the

emission facility or stationary source is subject to enforceable permit conditions which limit

the operating rate or hours of operation or both, and the applicable standard of performance in

agency rules or the standard in the permit, whichever is more stringent.

Subp. 4a. Commissioner. "Commissioner" means the commissioner of the Minnesota

Pollution Control Agency or the commissioner's designee.

Subp. 5. Declaration. "Declaration" means the formal public notification of an episode

made by the commissioner.

8
Subp. 6. [Repealed by amendment, L 1987 c 186 s 15]

Subp. 7. Emergency level. "Emergency level" means that concentration of pollutants, as

specified in part 7009.1020, at which third stage control actions are to be taken.

Subp. 8. Episode. "Episode" means that period of time during which ambient air

concentrations of air pollutants equal or exceed the alert level and meteorological conditions

are such that the air pollutant concentrations can be expected to persist or to increase in the

absence of control actions.

Subp. 9. Significant harm level. "Significant harm level" means that concentration of

pollutants, as specified in part 7009.1020, at which fourth stage control actions are to be taken.

Subp. 10. Warning level. "Warning level" means that concentration of pollutants, as

specified in part 7009.1020, at which second stage control actions are to be taken.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614

7009.1020 EPISODE LEVELS.

The level at which the commissioner shall declare an air pollutant alert, warning,

emergency, or significant harm episode shall be determined by table 1 in part 7009.1060.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7009.1030 EPISODE DECLARATION.

Subpart 1. Alert. An air pollution alert shall be declared by the commissioner when the

commissioner finds that the concentration of any air pollutant has reached the alert level at

any monitoring site and meteorological conditions are such that the air pollutant concentration

can be expected to remain at, or exceed, the alert level for 12 or more hours or, in the case of

ozone, to recur the following day at the same or higher levels unless control actions are taken.

Subp. 2. Warning. An air pollution warning shall be declared by the commissioner when

the commissioner finds that the concentration of any air pollutant has reached the warning

level at any monitoring site and meteorological conditions are such that the air pollutant

concentration can be expected to remain at, or exceed, the warning level for 12 or more hours

or, in the case of ozone, to recur the following day at the same or higher levels unless control

actions are taken. An air pollution warning shall also be declared by the commissioner when

the commissioner finds that the alert level concentrations for any air pollutant have persisted in

the area for 48 hours and are expected to continue for the subsequent 12 hours.

Subp. 3. Emergency. An air pollution emergency shall be declared by the commissioner

when the concentration of any air pollutant has reached the emergency level at any monitoring

site and meteorological conditions are such that the air pollutant concentration can be expected

to remain at, or exceed, the emergency level for 12 or more hours or, in the case of ozone, to

recur the following day at the same or higher levels unless control actions are taken. An air

pollution emergency shall also be declared by the commissioner when the commissioner finds

that the warning level concentrations for any air pollutant have persisted in the area for 48

hours and are expected to continue for the subsequent 12 hours.

9
Subp. 4. Significant harm episode. An air pollution significant harm episode shall be

declared by the commissioner when the concentration of any air pollutant has reached the

significant harm level at any monitoring site and meteorological conditions are such that

the air pollutant concentration can be expected to remain at, or exceed, the significant harm

level for 12 or more hours or, in the case of ozone, to recur the following day at the same or

higher levels unless control actions are taken.

Subp. 5. Geographical area. The geographical area subject to episode levels of any air

pollutant shall be delineated to the extent feasible and shall be identified in the commissioner's

declaration.

Subp. 6. End of episode. The commissioner shall terminate the episode by declaration

when:

A. the measured air pollutant concentrations no longer satisfy the criteria specified

in part 7009.1020; and

B. the meteorological conditions indicate that there will not be a recurrence of

episode levels of air pollutants within 24 hours of control actions are reduced or eliminated.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7009.1040 CONTROL ACTIONS.

Subpart 1. Compliance required. Notwithstanding the provisions of other rules or

of any installation permit, operating permit, stipulation agreement, variances, or order of

the agency, all persons shall, upon notification by the commissioner or the commissioner's

designee, comply with episode control directives issued by the commissioner.

Subp. 2. Control directive. Control directives issued to any owner or operator of an

emission facility shall be based on the emission reduction plan submitted to the commissioner

pursuant to subpart 3; provided, however, that in the event that no emission reduction plan has

been approved for such facility, the episode control directives shall be based upon the emission

reduction objectives set forth at subpart 4.

Subp. 3. Episode emission reduction plan. The owner or operator of each emission

facility or stationary source located in an area of the state designated by the commissioner

as having exceeded the alert levels in part 7009.1060, table 1, within the last ten years and

having allowable emissions of greater than or equal to 250 tons per year of the pollutant

causing the episode, shall submit to the commissioner an episode emission reduction plan

to be implemented at the facility or stationary source in the event of a declaration by the

commissioner of an air pollution episode. The plan shall be submitted to the commissioner

within 90 days of the designation of the area or by September 1, 1995, whichever is later. The

plan shall be consistent with the emission reduction objectives in subpart 4 and shall designate

at least two individuals to be notified in the event of the declaration of an air pollution episode.

The plan shall be subject to the approval of the commissioner. If the commissioner finds that

the plan is inconsistent with such emission reduction objectives, the plan shall be returned to

the owner or operator along with a written statement of the reason(s) for disapproval. The

10
owner or operator shall correct the deficiency within 30 days of notification of disapproval and

shall resubmit the plan to the commissioner.

Subp. 4. Emission reduction objectives. For the purpose of these parts, emission

reduction objectives shall be as indicated in tables 2 through 6 in parts 7009.1070 to 7009.1110.

In the event of episode levels of both particulate matter and sulfur dioxide the commissioner

shall direct coal fired electric power generating facilities which pollutant is to be reduced

at each facility.

Subp. 5. Right to enter. During the time that an air pollution episode declaration is in

effect and has not been terminated, the owner or operator of any emission facility who has

been directed to implement any portion of the facility's emission reduction plan shall allow

the agency, or any authorized employee or agent of the agency, when authorized by law and

upon the presentation of proper credentials to enter upon the property of the owner or operator

for the purpose of obtaining information or examining records or conducting surveys or

investigations pertaining to the operation of the emission facilities and the control equipment.

The owner or operator shall make available on the premises to such agency employee a copy

of the episode emission reduction plan for the emission facility and shall, upon request of the

agency employee, demonstrate that the control directives issued to the owner or operator are

being implemented.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 20 SR 2316; 22 SR 1237

7009.1050 EMERGENCY POWERS.

Nothing in these parts shall be interpreted to preempt the agency's emergency powers as

provided in Minnesota Statutes, section 116.11 or to preclude appropriate actions from being

taken by the agency to protect the public health.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1060 TABLE 1.

Significant

Alert Warning Emergency Harm

SO2 300 ppb 600 ppb 800 ppb 1000 ppb

24 hr. avg. 800 μg/m31600 μg/m32100 μg/m32620 μg/m3

Part.

24 hr. avg. 375 μg/m3625 μg/m3875 μg/m31000 μg/m3

CO 15 ppm 30 ppm 40 ppm 50 ppm

11
8 hr. avg. 17 mg/m3

34 mg/m346 mg/m357.5 mg/m3

NO2 150 ppb 300 ppb 400 ppb 500 ppb

24 hr. avg. 282 μg/m3565 μg/m3750 μg/m3938 μg/m3

NO2 600 ppb 1200 ppb 1600 ppb 2000 ppb

1 hr. avg. 1130 μg/m32260 μg/m33000 μg/m33750 μg/m3

Ozone 200 ppb 400 ppb 500 ppb 600 ppb

1 hr. avg. 400 μg/m3800 μg/m31000 μg/m31200 μg/m3

SO2 x Part.

μg/m3x μg/m3

24 hr. x 24 hr. 65 x 10

3

261 x 10

3

393 x 10

3

490 x 10

3

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1070 TABLE 2: EMISSION REDUCTION OBJECTIVES FOR PARTICULATE

MATTER.

EMISSION

FACILITY

AIR POLLUTION

ALERT

AIR POLLUTION

WARNING

AIR POLLUTION

EMERGENCY

1. Coal

or oil-fired

electric power

generating

facilities.

a. Substantial

reduction by

utilization of fuels

having lowest

available ash content.

a. Maximum reduction

by utilization of

fuels having lowest

available ash content.

a. Maximum

reduction by

utilization of fuels

having lowest

available ash content.

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m.) atmospheric

turbulence for boiler

lancing and soot

blowing

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m.) atmospheric

turbulence for boiler

lancing and soot

blowing.

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m.) atmospheric

turbulence for boiler

lancing and soot

blowing.

12
c. Substantial

reduction by diverting

electric power

generation to facilities

outside of Alert Area.

c. Maximum reduction

by diverting electric

power generation to

facilities outside of

Warning Area.

c. Maximum

reduction by diverting

electric power

generation to facilities

outside of Emergency

Area.

2. Coal

or oil-fired

process steam

generating

facilities

a. Substantial

reduction by

utilization of fuels

having lowest

available ash content.

a. Maximum reduction

by utilization of

fuels having lowest

available ash content.

a. Maximum

reduction by reducing

heat and steam

demands to absolute

necessities consistent

with preventing

equipment damage.

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m.) atmospheric

turbulence for boiler

lancing and soot

blowing.

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m). atmospheric

turbulence for boiler

lancing and soot

blowing

b. Maximum

utilization of midday

(12:00 noon to 4:00

p.m.) atmospheric

turbulence for boiler

landing and soot

blowing.

c. Reduction of

steam load demands

consistent with

continuing plant

operation.

c. Reduction of

steam load demands

consistent with

continuing plant

operations.

c. Taking the action

called for in the

emergency plan.

d. Making ready for

use a plan of action

to be taken if an

emergency develops.

3. A-Manufacturing,

processing,

and mining

industries.

AND

B-Other persons

required by this

rule to prepare

standby plans.

a. Substantial

reduction of air

contaminants from

manufacturing

operations by

curtailing, postponing,

or deferring

production and allied

operations.

a. Maximum reduction

of air contaminants

from manufacturing

operations by, if

necessary, assuming

reasonable economic

hardship by postponing

production and allied

operations.

a. Elimination of

air contaminants

from manufacturing

operations by

ceasing, curtailing,

postponing or

deferring production

and allied operations

to the extent possible

without causing injury

to persons or damage

to equipment.

13
b. Maximum

reduction by deferring

trade waste disposal

operations which emit

particles.

b. Maximum reduction

by deferring trade

waste disposal

operations which emit

particles.

b. Elimination of air

contaminants from

trade waste disposal

processes which emit

particles.

c. Reduction of

particulate producing

heat load demands for

processing consistent

with continuing plant

operations.

c. Reduction of

particulate producing

heat load demands for

processing consistent

with continuing plant

operations.

c. Maximum

reduction of

particulate producing

heat load demands for

processing.

4. Refuse

disposal

operations.

a. Maximum reduction

by prevention of open

burning.

a. Maximum reduction

by prevention of open

burning.

a. Maximum

reduction by

prevention of open

burning.

b. Substantial

reduction by limiting

burning of refuse in

incinerators to the

hours between 12:00

noon and 4:00 p.m.

b. Complete

elimination of the

use of incinerators.

b. Complete

elimination of the

use of incinerators.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1080 TABLE 3: EMISSION OBJECTIVES FOR SULFUR OXIDES.

EMISSION

FACILITY

AIR POLLUTION

ALERT

AIR POLLUTION

WARNING

AIR POLLUTION

EMERGENCY

1. Coal or

oil-fired electric

power generating

facilities.

a. Substantial

reduction by

utilization of fuels

having lowest

available sulfur

content.

a. Maximum

reduction by

utilization of fuels

having lowest

available sulfur

content.

a. Maximum

reduction by

utilization of fuels

having lowest

available surfur

content.

14
b. Substantial

reduction by diverting

electric power

generation to facilities

outside of Alert Area.

b. Maximum

reduction by diverting

electric power

generation to facilities

outside of Warning

Area.

b. Maximum

reduction by diverting

electric power

generation to facilities

outside of Emergency

Area.

2. Coal or

oil-fired process

steam generating

facilities.

a. Substantial

reduction by

utilization of fuels

having lowest

available sulfur

content.

a. Maximum

reduction by

utilization of fuels

having the lowest

available sulfur

content.

a. Maximum

reduction by reducing

heat and steam

demands to absolute

necessities consistent

with preventing

equipment damage.

b. Reduction of

steam load demands

consistent with

continuing plant

operations.

b. Reduction of

steam load demands

consistent with

continuing plant

operations.

b. Taking the action

called for in the

emergency plan.

c. Making ready for

use a plan of action

to be taken if an

emergency develops.

3. A-Manufacturing and

processing

industries

AND

B-Other persons

required by this

rule to prepare

standby plans.

a. Substantial

reduction of air

contaminants from

manufacturing

operations

by curtailing,

postponing, or

deferring production

and allied operations.

a. Maximum

reduction of air

contaminants from

manufacturing

operations by,

if necessary,

assuming reasonable

economic hardship by

postponing production

and allied operations.

a. Elimination of

air contaminants

from manufacturing

operations by

ceasing, curtailing,

postponing or

deferring production

and allied operations

to the extent possible

without causing injury

to persons or damage

to equipment.

15
b. Maximum

reduction by deferring

trade waste disposal

operations which emit

sulfur dioxide.

b. Maximum

reduction by deferring

trade waste disposal

operations which emit

sulfur dioxide.

b. Elimination of air

contaminants from

trade waste disposal

processes which emit

sulfur dioxide.

c. Reduction of sulfur

dioxide producing

heat load demands for

processing consistent

with continuing plant

operations

c. Reduction of sulfur

dioxide producing

heat load demands for

processing consistent

with continuing plant

operations.

c. Maximum

reduction of sulfur

dioxide producing

load demands for

processing.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1090 TABLE 4: EMISSION REDUCTION OBJECTIVES FOR NITROGEN

OXIDES.

EMISSION

FACILITY

AIR POLLUTION

ALERT

AIR POLLUTION

WARNING

AIR POLLUTION

EMERGENCY

1. Steam-electric

power generating

facilities.

a. Substantial

reduction by

utilization of fuel

which results in the

formation of less air

contaminant.

a. Maximum

reduction by

utilization of fuel

which results in the

formation of less air

contaminant.

a. Maximum

reduction by

diverting electric

power generation to

facilities outside of

Emergency Area.

b. Substantial

reduction by

diverting electric

power generation to

facilities outside of

Alert Area.

b. Maximum

reduction by

diverting electric

power generation

facilities outside of

Warning Area.

2. Process steam

generating facilities.

a. Substantial

reduction by

utilization of fuel

which results in the

formation of less air

contaminant.

a. Maximum

reduction by

utilization of fuel

which results in the

formation of less air

contaminant.

a. Maximum

reduction by

reducing heat and

steam demands

to absolute

necessities consistent

with preventing

equipment damage.

16
b. Reduction of

steam load demands

consistent with

continuing plant

operations.

b. Reduction of

steam load demands

consistent with

continuing plant

operations.

c. Making ready for

use a plan of action

to be taken if an

emergency develops.

3. A - Manufacturing

and processing

industries.

AND

B - Other persons

required by this rule

to prepare standby

plans.

a. Substantial

reduction of air

contaminants from

manufacturing

operations

by curtailing,

postponing, or

deferring production

and allied operations.

a. Maximum

reduction of air

contaminants from

manufacturing

operations by,

if necessary,

assuming reasonable

economic hardship

by postponing

production and allied

operations.

a. Elimination of

air contaminants

from manufacturing

operations by

ceasing, curtailing,

postponing or

deferring production

and allied operations

to the extent possible

without causing

injury to persons

or damage to

equipment.

b. Maximum

reduction by

deferring trade waste

disposal operations

which emit nitrogen

oxides.

b. Maximum

reduction by

deferring trade waste

disposal operations

which emit nitrogen

oxides.

b. Elimination of air

contaminants from

trade waste disposal

processes which emit

nitrogen oxides.

c. Reduction of

nitrogen oxide

producing heat

load demands for

processing consistent

with continuing plant

operations.

c. Reduction of

nitrogen oxide

producing heat

load demands for

processing consistent

with continuing plant

operations.

c. Maximum

reduction of nitrogen

oxide producing heat

load demands for

processing.

4. Stationary internal

combustion engines.

a. Reduction of

power demands

consistent with

continuing

operations.

a. Reduction of

power demands

consistent with

continuing

operations.

a. Maximum

reduction by

reducing power

demands to absolute

necessities consistent

with personnel safety

and preventing

equipment damage.

17
b. Maximum

reduction by

utilization of fuels

or power source

which results in the

formation of less air

contaminants.

b. Maximum

reduction by

utilization of fuels

or power source

which results in the

formation of less air

contaminants.

5. Refuse disposal

operations.

a. Maximum

reduction by

prevention of open

burning.

a. Maximum

reduction by

prevention of open

burning.

a. Maximum

reduction by

prevention of open

burning.

b. Substantial

reduction by limiting

burning of refuse in

incinerators to the

hours between 12:00

noon and 4:00 p.m.

b. Complete

elimination of the

use of incinerators.

b. Complete

elimination of the

use of incinerators.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1100 TABLE 5: EMISSION REDUCTION OBJECTIVES FOR

HYDROCARBONS.

EMISSION

FACILITY

AIR POLLUTION

ALERT

AIR POLLUTION

WARNING

AIR POLLUTION

EMERGENCY

1. Petroleum

products storage

and distribution.

a. Substantial

reduction of air

contaminants

by curtailing,

postponing, or

deferring transfer

operations.

a. Maximum

reduction of air

contaminants by

assuming reasonable

economic hardship

by postponing

transfer operations.

a. Elimination of

air contaminants

by curtailing,

postponing, or

deferring transfer

operations to the

extent possible

without causing

damage to

equipment.

18
2. Surface coating

and preparation.

a. Substantial

reduction of air

contaminants

by curtailing,

postponing, or

deferring transfer

operations.

a. Maximum

reduction of air

contaminants by

assuming reasonable

economic hardship

by postponing

transfer operations.

a. Elimination of

air contaminants

by curtailing,

postponing, or

deferring transfer

operations to the

extent possible

without causing

damage to

equipment.

3. A - Manufacturing

and processing

industries.

AND

B - Other persons

required by this rule

to prepare standby

plans.

a. Substantial

reduction of air

contaminants from

manufacturing

operations

by curtailing,

postponing, or

deferring production

and allied operations.

a. Maximum

reduction of air

contaminants from

manufacturing

operations by,

if necessary,

assuming reasonable

economic hardship

by postponing

production and allied

operations.

a. Elimination of

air contaminants

from manufacturing

operations by

ceasing, curtailing,

postponing or

deferring production

and allied operations

to the extent possible

without causing

injury to persons

or damage to

equipment.

4. Mobile sources. a. Voluntary

reduction in

unnecessary vehicle

use in response to

Agency advisory.

a. Voluntary

reduction in

vehicle use through

increased use of

public transport, car

pools, and van pools.

a. Maximum

reduction by banning

vehicle use except

for emergencies.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7009.1110 TABLE 6: EMISSION REDUCTION OBJECTIVES FOR CARBON

MONOXIDE.

EMISSION

FACILITY

AIR POLLUTION

ALERT

AIR POLLUTION

WARNING

AIR POLLUTION

EMERGENCY

19
1. A - Manufacturing

industries.

AND

B - Other persons

required by this rule

to prepare standby

plans.

a. Substantial

reduction of air

contaminants from

manufacturing

operations

by curtailing,

postponing, or

deferring production

and allied operations.

a. Maximum

reduction of air

contaminants from

manufacturing

operations by,

if necessary,

assuming reasonable

economic hardship

by postponing

production and allied

operations.

a. Elimination of

air contaminants

from manufacturing

operations by

ceasing, curtailing,

postponing or

deferring production

and allied operations

to the extent possible

without injury to

persons or damage to

equipment.

2. Refuse disposal

operations.

a. Maximum

reduction by

prevention of open

burning.

a. Maximum

reduction by

prevention of open

burning.

a. Maximum

reduction by

prevention of open

burning.

3. Mobile Sources. a. Voluntary

reduction in

unnecessary vehicle

use in response to

Agency advisory.

a. Voluntary

reduction in

vehicle use through

increased use of

public transport, car

pools, and van pools.

a. Maximum

reduction by banning

vehicle use except

for emergencies.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

ADOPTION OF FEDERAL REGULATIONS

7009.9000 DETERMINING CONFORMITY OF GENERAL FEDERAL ACTIONS

TO STATE OR FEDERAL IMPLEMENTATION PLANS.

Code of Federal Regulations, title 40, part 51, subpart W, as amended, entitled

"Determining Conformity of General Federal Actions to State or Federal Implementation

Plans," is adopted and incorporated by reference, with the exception of Code of Federal

Regulations, title 40, part 51, subpart W, section 51.851(a).

Statutory Authority: MS s 116.07

History: 20 SR 1167

20
CHAPTER 7011

MINNESOTA POLLUTION CONTROL AGENCY

STANDARDS FOR STATIONARY SOURCES

GENERALLY

7011.0010 APPLICABILITY OF STANDARDS OF

PERFORMANCE.

7011.0020 CIRCUMVENTION.

7011.0050 GENERAL PROVISIONS OF

FEDERAL NEW SOURCE

PERFORMANCE STANDARDS

INCORPORATED BY REFERENCE.

CONTROL EQUIPMENT

7011.0060 DEFINITIONS.

7011.0061 INCORPORATION BY REFERENCE.

7011.0065 APPLICABILITY.

7011.0070 LISTED CONTROL EQUIPMENT

AND CONTROL EQUIPMENT

EFFICIENCIES.

7011.0072 REQUIREMENTS FOR CERTIFIED

HOODS.

7011.0075 LISTED CONTROL EQUIPMENT

GENERAL REQUIREMENTS.

7011.0080 MONITORING AND RECORD

KEEPING FOR LISTED CONTROL

EQUIPMENT.

EMISSION STANDARDS FOR VISIBLE AIR

CONTAMINANTS

7011.0100 SCOPE.

7011.0105 VISIBLE EMISSION RESTRICTIONS

FOR EXISTING FACILITIES.

7011.0110 VISIBLE EMISSION RESTRICTIONS

FOR NEW FACILITIES.

7011.0115 PERFORMANCE TESTS.

7011.0120 OPACITY STANDARD

ADJUSTMENT.

CONTROL OF FUGITIVE PARTICULATE

MATTER

7011.0150 PREVENTING PARTICULATE

MATTER FROM BECOMING

AIRBORNE.

INDIRECT HEATING FOSSIL-FUEL-BURNING

EQUIPMENT

7011.0500 DEFINITIONS.

7011.0505 DETERMINATION OF APPLICABLE

STANDARDS OF PERFORMANCE.

7011.0510 STANDARDS OF PERFORMANCE

FOR EXISTING INDIRECT HEATING

EQUIPMENT.

7011.0515 STANDARDS OF PERFORMANCE

FOR NEW INDIRECT HEATING

EQUIPMENT.

7011.0520 ALLOWANCE FOR STACK

HEIGHT FOR INDIRECT HEATING

EQUIPMENT.

7011.0525 HIGH HEATING VALUE.

7011.0530 PERFORMANCE TEST METHODS.

7011.0535 PERFORMANCE TEST

PROCEDURES.

7011.0540 DERATE.

7011.0545 TABLE I: EXISTING INDIRECT

HEATING EQUIPMENT.

7011.0550 TABLE II: NEW INDIRECT HEATING

EQUIPMENT.

7011.0551 RECORD KEEPING AND REPORTING

FOR INDIRECT HEATING UNITS

COMBUSTING SOLID WASTE.

7011.0553 NITROGEN OXIDES EMISSION

REDUCTION REQUIREMENTS FOR

AFFECTED SOURCES.

FOSSIL-FUEL-FIRED STEAM GENERATORS

7011.0555 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

ELECTRIC UTILITY STEAM GENERATING

UNITS

7011.0560 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

1
INDUSTRIAL-COMMERCIAL-INSTITUTIONAL

STEAM GENERATING UNITS

7011.0565 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

SMALL

INDUSTRIAL-COMMERCIAL-INSTITUTIONAL

STEAM GENERATING UNITS

7011.0570 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

DIRECT HEATING FOSSIL-FUEL-BURNING

EQUIPMENT

7011.0600 DEFINITIONS.

7011.0605 DETERMINATION OF APPLICABLE

STANDARDS OF PERFORMANCE.

7011.0610 STANDARDS OF PERFORMANCE

FOR FOSSIL-FUEL-BURNING

DIRECT HEATING EQUIPMENT.

7011.0615 PERFORMANCE TEST METHODS.

7011.0620 PERFORMANCE TEST

PROCEDURES.

7011.0625 RECORD KEEPING AND REPORTING

FOR DIRECT HEATING UNITS

COMBUSTING SOLID WASTE.

INDUSTRIAL PROCESS EQUIPMENT

7011.0700 DEFINITIONS.

7011.0705 SCOPE.

7011.0710 STANDARDS OF PERFORMANCE

FOR PRE-1969 INDUSTRIAL

PROCESS EQUIPMENT.

7011.0715 STANDARDS OF PERFORMANCE

FOR POST-1969 INDUSTRIAL

PROCESS EQUIPMENT.

7011.0720 PERFORMANCE TEST METHODS.

7011.0725 PERFORMANCE TEST

PROCEDURES.

7011.0730 TABLE 1.

7011.0735 TABLE 2.

PORTLAND CEMENT PLANTS

7011.0830 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

CONCRETE MANUFACTURING PLANT

STANDARDS OF PERFORMANCE

7011.0850 DEFINITIONS.

7011.0852 STANDARDS OF PERFORMANCE

FOR CONCRETE MANUFACTURING

PLANTS.

7011.0854 CONCRETE MANUFACTURING

PLANT CONTROL EQUIPMENT

REQUIREMENTS.

7011.0857 PREVENTING PARTICULATE

MATTER FROM BECOMING

AIRBORNE.

7011.0858 NOISE.

7011.0859 SHUTDOWN AND BREAKDOWN

PROCEDURES.

7011.0865 INCORPORATIONS BY REFERENCE.

7011.0870 STAGE-ONE VAPOR RECOVERY.

HOT MIX ASPHALT PLANTS

7011.0900 DEFINITIONS.

7011.0903 COMPLIANCE WITH AMBIENT AIR

QUALITY STANDARDS.

7011.0905 STANDARDS OF PERFORMANCE

FOR EXISTING HOT MIX ASPHALT

PLANTS.

7011.0909 STANDARDS OF PERFORMANCE

FOR NEW HOT MIX ASPHALT

PLANTS.

7011.0911 MAINTENANCE OF DRYER

BURNER.

7011.0913 HOT MIX ASPHALT PLANT

MATERIALS, FUELS, AND

ADDITIVES OPERATING

REQUIREMENTS.

7011.0917 ASPHALT PLANT CONTROL

EQUIPMENT REQUIREMENTS.

7011.0920 PERFORMANCE TESTS.

7011.0922 OPERATIONAL REQUIREMENTS

AND LIMITATIONS FROM

PERFORMANCE TESTS.

ASPHALT PROCESSING AND ASPHALT

ROOFING MANUFACTURE

7011.0950 STANDARDS OF PERFORMANCE

FOR NEW ASPHALT PROCESSING

AND ASPHALT ROOFING

MANUFACTURE.

2
BULK AGRICULTURAL COMMODITY

FACILITIES

7011.1000 DEFINITIONS.

7011.1005 STANDARDS OF PERFORMANCE

FOR DRY BULK AGRICULTURAL

COMMODITY FACILITIES.

7011.1010 NUISANCE.

7011.1015 CONTROL REQUIREMENTS

SCHEDULE.

COAL HANDLING FACILITIES

7011.1100 DEFINITIONS.

7011.1105 STANDARDS OF PERFORMANCE

FOR CERTAIN COAL HANDLING

FACILITIES.

7011.1110 STANDARDS OF PERFORMANCE

FOR EXISTING OUTSTATE COAL

HANDLING FACILITIES.

7011.1115 STANDARDS OF PERFORMANCE

FOR PNEUMATIC COAL-CLEANING

EQUIPMENT AND THERMAL

DRYERS AT ANY COAL HANDLING

FACILITY.

7011.1120 EXEMPTION.

7011.1125 CESSATION OF OPERATIONS.

7011.1130 PERFORMANCE TEST METHOD.

7011.1135 PERFORMANCE TEST

PROCEDURES.

7011.1140 DUST SUPPRESSANT AGENTS.

COAL PREPARATION PLANTS

7011.1150 STANDARDS OF PERFORMANCE

FOR NEW COAL PREPARATION

PLANTS.

WASTE COMBUSTORS

7011.1201 DEFINITIONS.

7011.1205 INCORPORATIONS BY REFERENCE.

7011.1210 NOTIFICATION REQUIRED OF

CLASS IV WASTE COMBUSTORS.

7011.1215 APPLICABILITY OF STANDARDS

OF PERFORMANCE FOR WASTE

COMBUSTORS.

7011.1220 PROHIBITIONS.

7011.1225 STANDARDS OF PERFORMANCE

FOR WASTE COMBUSTORS.

7011.1227 TABLE 1.

7011.1228 NITROGEN OXIDES LIMITS FOR

CLASS A WASTE COMBUSTORS.

7011.1229 TABLE 2.

7011.1230 STANDARDS OF PERFORMANCE

FOR CLASS I MUNICIPAL WASTE

COMBUSTORS.

7011.1231 TABLE 3.

7011.1233 TABLE 4.

7011.1235 REQUIREMENTS OF CLASS IV

WASTE COMBUSTORS.

7011.1240 OPERATING REQUIREMENTS.

7011.1245 GENERAL WASTE COMBUSTOR

FACILITY REQUIREMENTS.

7011.1250 INDUSTRIAL SOLID WASTE

MANAGEMENT PLAN.

7011.1255 PLAN TO SEPARATE SOLID WASTES

WHICH CONTAIN MERCURY.

7011.1260 CONTINUOUS MONITORING.

7011.1265 REQUIRED PERFORMANCE TESTS,

METHODS, AND PROCEDURES.

7011.1270 PERFORMANCE TEST, WASTE

COMPOSITION STUDY, AND ASH

SAMPLING FREQUENCY.

7011.1272 MERCURY OR PCDD/PCDF

ADDITIVE EQUIPMENT

OPERATION, MONITORING,

AND REPORTING.

7011.1275 PERSONNEL TRAINING.

7011.1280 OPERATOR CERTIFICATION.

7011.1281 FULL OPERATOR CERTIFICATION.

7011.1282 CERTIFIED MUNICIPAL WASTE

COMBUSTOR EXAMINER

CERTIFICATE.

7011.1283 DUTIES OF A CERTIFIED

MUNICIPAL WASTE COMBUSTOR

EXAMINER.

7011.1284 FULLY CERTIFIED OPERATOR.

7011.1285 OPERATING RECORDS AND

REPORTS.

7011.1290 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

INCINERATORS

7011.1299 STANDARDS OF PERFORMANCE

FOR INCINERATORS.

7011.1300 DEFINITIONS.

3
7011.1305 STANDARDS OF PERFORMANCE

FOR EXISTING SEWAGE SLUDGE

INCINERATORS.

7011.1310 STANDARDS OF PERFORMANCE

FOR NEW SEWAGE SLUDGE

INCINERATORS.

7011.1315 MONITORING OF OPERATIONS.

7011.1320 PERFORMANCE TEST METHODS.

7011.1325 PERFORMANCE TEST

PROCEDURES.

7011.1350 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

PETROLEUM REFINERIES

7011.1400 DEFINITIONS.

7011.1405 STANDARDS OF PERFORMANCE

FOR EXISTING AFFECTED

FACILITIES AT PETROLEUM

REFINERIES.

7011.1410 STANDARDS OF PERFORMANCE

FOR NEW AFFECTED FACILITIES

AT PETROLEUM REFINERIES.

7011.1415 EXEMPTIONS.

7011.1420 EMISSION MONITORING.

7011.1425 PERFORMANCE TEST METHODS.

7011.1430 PERFORMANCE TEST

PROCEDURES.

7011.1435 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

LIQUID PETROLEUM AND VOLATILE

ORGANIC

LIQUID STORAGE VESSELS

7011.1500 DEFINITIONS.

7011.1505 STANDARDS OF PERFORMANCE

FOR STORAGE VESSELS.

7011.1510 MONITORING OF OPERATIONS.

7011.1515 EXCEPTION.

7011.1520 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

BULK GASOLINE TERMINALS

7011.1550 STANDARDS OF PERFORMANCE

FOR NEW BULK GASOLINE

TERMINALS.

SULFURIC ACID PLANTS

7011.1600 DEFINITIONS.

7011.1605 STANDARDS OF PERFORMANCE

OF EXISTING SULFURIC ACID

PRODUCTION UNITS.

7011.1615 CONTINUOUS EMISSION

MONITORING.

7011.1620 PERFORMANCE TEST METHODS.

7011.1625 PERFORMANCE TEST

PROCEDURES.

7011.1630 EXCEPTIONS.

7011.1635 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

NITRIC ACID PLANTS

7011.1700 DEFINITIONS.

7011.1705 STANDARDS OF PERFORMANCE

FOR EXISTING NITRIC ACID

PRODUCTION UNITS.

7011.1715 EMISSION MONITORING.

7011.1720 PERFORMANCE TEST METHODS.

7011.1725 PERFORMANCE TEST

PROCEDURES.

7011.1730 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

LEAD SMELTERS

7011.1820 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

COPPER SMELTERS

7011.1840 STANDARDS OF PERFORMANCE

FOR NEW PRIMARY COPPER

SMELTERS.

ZINC SMELTERS

7011.1880 STANDARDS OF PERFORMANCE

FOR NEW PRIMARY ZINC

SMELTERS.

4
SECONDARY BRASS AND BRONZE INGOT

PRODUCTION PLANTS

7011.1900 DEFINITIONS.

7011.1905 STANDARDS OF PERFORMANCE

FOR SECONDARY BRASS AND

BRONZE INGOT PRODUCTION

PLANTS.

7011.1910 PERFORMANCE TEST METHODS.

7011.1915 PERFORMANCE TEST

PROCEDURES.

7011.1920 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

IRON AND STEEL PLANTS

7011.2000 DEFINITIONS.

7011.2005 STANDARDS OF PERFORMANCE

FOR IRON AND STEEL PLANTS.

7011.2010 PERFORMANCE TEST METHODS.

7011.2015 PERFORMANCE TEST

PROCEDURES.

7011.2020 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

PRIMARY ALUMINUM REDUCTION PLANTS

7011.2050 STANDARDS OF PERFORMANCE

FOR NEW PRIMARY ALUMINUM

REDUCTION PLANTS.

FERROALLOY PRODUCTION FACILITIES

7011.2080 STANDARDS OF PERFORMANCE

FOR NEW FERROALLOY

PRODUCTION FACILITIES.

EMISSION STANDARDS FOR INORGANIC

FIBROUS MATERIALS

7011.2100 DEFINITIONS.

7011.2105 SPRAYING OF INORGANIC FIBROUS

MATERIALS.

STATIONARY INTERNAL COMBUSTION

ENGINES

7011.2300 STANDARDS OF PERFORMANCE

FOR STATIONARY INTERNAL

COMBUSTION ENGINES.

STATIONARY GAS TURBINES

7011.2350 STANDARDS OF PERFORMANCE

FOR NEW STATIONARY GAS

TURBINES.

PHOSPHATE FERTILIZER INDUSTRY

7011.2400 STANDARDS OF PERFORMANCE

FOR PHOSPHATE FERTILIZER

INDUSTRY.

KRAFT PULP MILLS

7011.2450 STANDARDS OF PERFORMANCE

FOR NEW KRAFT PULP MILLS.

GLASS MANUFACTURING PLANTS

7011.2500 STANDARDS OF PERFORMANCE

FOR NEW GLASS MANUFACTURING

PLANTS.

SURFACE COATING

7011.2550 STANDARDS OF PERFORMANCE

FOR SURFACE COATING OF METAL

FURNITURE.

7011.2555 STANDARDS OF PERFORMANCE

FOR AUTOMOBILE AND

LIGHT-DUTY TRUCK SURFACE

COATING OPERATIONS.

7011.2560 STANDARDS OF PERFORMANCE

FOR PRESSURE SENSITIVE TAPE

AND LABEL SURFACE COATING

OPERATIONS.

7011.2565 STANDARDS OF PERFORMANCE

FOR INDUSTRIAL SURFACE

COATING: LARGE APPLIANCES.

7011.2570 STANDARDS OF PERFORMANCE

FOR METAL COIL SURFACE

COATING.

7011.2575 STANDARDS OF PERFORMANCE

FOR THE BEVERAGE CAN SURFACE

COATING INDUSTRY.

7011.2580 STANDARDS OF PERFORMANCE

FOR INDUSTRIAL SURFACE

COATING: SURFACE COATING OF

PLASTIC PARTS FOR BUSINESS

MACHINES.

LIME MANUFACTURING PLANTS

7011.2600 STANDARDS OF PERFORMANCE

FOR NEW LIME MANUFACTURING

PLANTS.

LEAD-ACID BATTERY MANUFACTURING

PLANTS

7011.2650 STANDARDS OF PERFORMANCE

FOR NEW LEAD-ACID BATTERY

MANUFACTURING PLANTS.

5
METALLIC MINERAL PROCESSING PLANTS

7011.2700 STANDARDS OF PERFORMANCE

FOR NEW METALLIC MINERAL

PROCESSING PLANTS.

PHOSPHATE ROCK PLANTS

7011.2750 STANDARDS OF PERFORMANCE

FOR NEW PHOSPHATE ROCK

PLANTS.

AMMONIUM SULFATE MANUFACTURE

7011.2800 STANDARDS OF PERFORMANCE

FOR AMMONIUM SULFATE

MANUFACTURE.

GRAPHIC ARTS INDUSTRY

7011.2850 STANDARDS OF PERFORMANCE

FOR PUBLICATION ROTOGRAVURE

PRINTING.

SYNTHETIC ORGANIC CHEMICALS

MANUFACTURING INDUSTRY

7011.2900 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

NEW RESIDENTIAL WOOD HEATERS

7011.2950 STANDARDS OF PERFORMANCE

FOR NEW RESIDENTIAL WOOD

HEATERS.

RUBBER TIRE MANUFACTURING INDUSTRY

7011.3000 STANDARDS OF PERFORMANCE

FOR THE RUBBER TIRE

MANUFACTURING INDUSTRY.

POLYMER MANUFACTURING INDUSTRY

7011.3050 STANDARDS OF PERFORMANCE

FOR POLYMER MANUFACTURING

INDUSTRY.

POLYMERIC COATING OF SUPPORTING

SUBSTRATES FACILITIES

7011.3100 STANDARDS OF PERFORMANCE

FOR NEW POLYMERIC COATING

OF SUPPORTING SUBSTRATES

FACILITIES.

FLEXIBLE VINYL AND URETHANE COATING

AND PRINTING

7011.3150 STANDARDS OF PERFORMANCE

FOR FLEXIBLE VINYL AND

URETHANE COATING AND

PRINTING.

SYNTHETIC FIBER PRODUCTION FACILITIES

7011.3200 STANDARDS OF PERFORMANCE

FOR NEW SYNTHETIC FIBER

PRODUCTION FACILITIES.

PETROLEUM DRY CLEANERS

7011.3250 STANDARDS OF PERFORMANCE

FOR NEW PETROLEUM DRY

CLEANERS.

ONSHORE NATURAL GAS PROCESSING

PLANTS

7011.3300 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARDS BY

REFERENCE.

NONMETALLIC MINERAL PROCESSING

PLANTS

7011.3350 STANDARDS OF PERFORMANCE

FOR NEW NONMETALLIC MINERAL

PROCESSING PLANTS.

WOOL FIBERGLASS INSULATION

MANUFACTURING PLANTS

7011.3400 STANDARDS OF PERFORMANCE

FOR NEW WOOL FIBERGLASS

INSULATION MANUFACTURING

PLANTS.

VOC EMISSIONS FROM SOCMI REACTOR

PROCESSES

7011.3430 STANDARDS OF PERFORMANCE

FOR VOC EMISSIONS FROM SOCMI

REACTOR PROCESSES.

MAGNETIC TAPE COATING FACILITIES

7011.3450 STANDARDS OF PERFORMANCE

FOR NEW MAGNETIC TAPE

COATING FACILITIES.

GAS EMISSIONS FROM MUNICIPAL SOLID

WASTE LANDFILLS

7011.3500 DEFINITIONS.

6
7011.3505 STANDARDS OF PERFORMANCE

FOR EXISTING MUNICIPAL SOLID

WASTE LANDFILLS.

7011.3510 INCORPORATION OF NEW SOURCE

PERFORMANCE STANDARD BY

REFERENCE.

7011.3520 STANDARDS OF PERFORMANCE

FOR STATIONARY COMPRESSION

IGNITION INTERNAL COMBUSTION

ENGINES.

EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS

7011.7000 GENERAL PROVISIONS OF

FEDERAL NATIONAL EMISSION

STANDARDS FOR HAZARDOUS

AIR POLLUTANTS FOR SOURCE

CATEGORIES INCORPORATED BY

REFERENCE.

7011.7030 GENERIC MACT.

7011.7040 ORGANIC HAZARDOUS

AIR POLLUTANTS FROM

SYNTHETIC ORGANIC CHEMICAL

MANUFACTURING INDUSTRY.

7011.7060 ORGANIC HAZARDOUS AIR

POLLUTANTS FROM EQUIPMENT

LEAKS.

7011.7080 COKE OVEN BATTERIES.

7011.7090 COKE OVENS: PUSHING,

QUENCHING, AND BATTERY

STACKS.

7011.7100 PERCHLOROETHYLENE DRY

CLEANING FACILITIES.

7011.7120 CHROMIUM EMISSIONS FROM

HARD AND DECORATIVE

CHROMIUM ELECTROPLATING

AND CHROMIUM ANODIZING

TANKS.

7011.7140 ETHYLENE OXIDE EMISSIONS

STANDARDS FOR STERILIZATION

FACILITIES.

7011.7160 INDUSTRIAL PROCESS COOLING

TOWERS.

7011.7180 GASOLINE DISTRIBUTION.

7011.7200 HALOGENATED SOLVENT

CLEANING.

7011.7235 PRIMARY LEAD SMELTING.

7011.7240 SECONDARY LEAD SMELTING.

7011.7260 MARINE TANK VESSEL LOADING

OPERATIONS.

7011.7280 PETROLEUM REFINERIES.

7011.7290 OIL AND NATURAL GAS

PRODUCTION, TRANSMISSION,

AND STORAGE.

7011.7300 MAGNETIC TAPE

MANUFACTURING OPERATIONS.

7011.7320 AEROSPACE MANUFACTURING

AND REWORK FACILITIES.

7011.7340 WOOD FURNITURE

MANUFACTURING OPERATIONS.

7011.7360 SHIPBUILDING AND SHIP REPAIR

OPERATIONS.

7011.7370 BOAT MANUFACTURING.

7011.7380 PRINTING AND PUBLISHING

INDUSTRY.

7011.7385 PAPER AND OTHER WEB COATING.

7011.7390 MUNICIPAL SOLID WASTE

LANDFILLS.

7011.7400 OFF-SITE WASTE OPERATIONS.

7011.7410 HAZARDOUS WASTE

COMBUSTION.

7011.7420 POLYMERS AND RESINS.

7011.7460 FERROALLOYS PRODUCTION.

7011.7480 FLEXIBLE POLYURETHANE FOAM

PRODUCTION.

7011.7485 FLEXIBLE POLYURETHANE FOAM

FABRICATION OPERATIONS.

7011.7520 MINERAL WOOL PRODUCTION.

7011.7560 PESTICIDE ACTIVE INGREDIENT

PRODUCTION.

7011.7580 PHARMACEUTICALS PRODUCTION.

7011.7600 PHOSPHORIC ACID

MANUFACTURING AND

PHOSPHATE FERTILIZERS

PRODUCTION.

7011.7610 HYDROCHLORIC ACID

PRODUCTION.

7011.7620 POLYETHER POLYOLS

PRODUCTION.

7011.7640 PORTLAND CEMENT

MANUFACTURING.

7011.7650 PRIMARY COPPER SMELTING.

7011.7660 PRIMARY ALUMINUM

PRODUCTION.

7011.7665 SECONDARY ALUMINUM

PRODUCTION.

7
7011.7670 STEEL PICKLING - HYDROCHLORIC

ACID PROCESS.

7011.7675 INTEGRATED IRON AND STEEL

MANUFACTURING FACILITIES.

7011.7680 PUBLICLY OWNED TREATMENT

WORKS.

7011.7700 PULP AND PAPER PRODUCTION.

7011.7720 WET-FORMED FIBERGLASS MAT

PRODUCTION.

7011.7730 WOOL FIBERGLASS

MANUFACTURING.

7011.7740 CELLULOSE PRODUCTS

MANUFACTURING.

7011.7760 LEATHER FINISHING OPERATIONS.

7011.7770 PRINTING, COATING, AND DYEING

OF FABRICS AND OTHER TEXTILES.

7011.7780 MANUFACTURING NUTRITIONAL

YEAST.

7011.7800 REINFORCED PLASTIC

COMPOSITES PRODUCTION.

7011.7820 POLYVINYL CHLORIDE AND

COPOLYMERS PRODUCTION.

7011.7840 SOLVENT EXTRACTION FOR

VEGETABLE OIL PRODUCTION.

7011.7860 RUBBER TIRE MANUFACTURING.

7011.7880 FRICTION MATERIALS

MANUFACTURING FACILITIES.

7011.7900 SURFACE COATING OF LARGE

APPLIANCES.

7011.7905 SURFACE COATING OF METAL

COIL.

7011.7910 SURFACE COATING OF METAL

FURNITURE.

7011.7920 REFRACTORY PRODUCTS

MANUFACTURING.

7011.7930 BRICK AND STRUCTURAL CLAY

PRODUCTS MANUFACTURING.

7011.7935 CLAY CERAMICS

MANUFACTURING.

7011.7940 ASPHALT PROCESSING

AND ASPHALT ROOFING

MANUFACTURING.

7011.7960 SEMICONDUCTOR

MANUFACTURING.

7011.7980 ENGINE TEST CELLS/STANDS.

7011.8000 SURFACE COATING OF WOOD

BUILDING PRODUCTS.

7011.8010 SITE REMEDIATION.

7011.8020 PRIMARY MAGNESIUM REFINING.

7011.8030 TACONITE IRON ORE PROCESSING.

7011.8040 IRON AND STEEL FOUNDRIES.

7011.8050 MISCELLANEOUS ORGANIC

CHEMICAL MANUFACTURING.

7011.8060 SURFACE COATING OF METAL

CANS.

7011.8070 MISCELLANEOUS COATING

MANUFACTURING.

7011.8080 MERCURY EMISSIONS FROM

MERCURY CELL CHLOR-ALKALI

PLANTS.

7011.8090 SURFACE COATING OF

MISCELLANEOUS METAL PARTS

AND PRODUCTS.

7011.8100 LIME MANUFACTURING PLANTS.

7011.8110 ORGANIC LIQUIDS DISTRIBUTION

(NONGASOLINE).

7011.8120 STATIONARY COMBUSTION

TURBINES.

7011.8130 SURFACE COATING OF PLASTIC

PARTS AND PRODUCTS.

7011.8140 SURFACE COATING OF

AUTOMOBILES AND LIGHT-DUTY

TRUCKS.

7011.8150 STATIONARY RECIPROCATING

INTERNAL COMBUSTION ENGINES.

7011.8160 PLYWOOD AND COMPOSITE WOOD

PRODUCTS.

7011.8170 INDUSTRIAL PROCESS COOLING

TOWERS.

7011.9900 GENERAL PROVISIONS OF

FEDERAL NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS INCORPORATED BY

REFERENCE.

7011.9910 ARSENIC.

7011.9920 ASBESTOS.

7011.9921 DEFINITIONS.

7011.9922 MANUFACTURING OPERATIONS.

7011.9923 SPRAYING.

7011.9925 FABRIC FILTER SPECIFICATIONS.

8
7011.9926 SUBSTITUTE DEVICES FOR FABRIC

FILTERS.

7011.9927 INSTALLATION AND OPERATION

OF CONTROL EQUIPMENT.

7011.9930 BENZENE.

7011.9940 BERYLLIUM.

7011.9950 MERCURY.

7011.9960 RADON.

7011.9970 RADIONUCLIDES.

7011.9980 VINYL CHLORIDE.

7011.9990 VOLATILE HAZARDOUS AIR

POLLUTANTS.

GENERALLY

7011.0010 APPLICABILITY OF STANDARDS OF PERFORMANCE.

Subpart 1. Existing facility. An owner or operator of an existing emission facility shall

comply with all applicable state air pollution control rules for existing emission facilities.

Subp. 2. New facility. An owner or operator who constructs, modifies, or reconstructs

an emission facility shall comply with the New Source Performance Standards, if applicable,

and the standards of performance for a new emission facility set forth in the state air pollution

control rules. However, if the administrator has determined a state standard of performance to

be of equal or superior environmental protection compared to the New Source Performance

Standards, then the owner or operator need only comply with the state standard of performance.

"Administrator" has the meaning given in part 7007.0100, subpart 3.

Subp. 3. Exception. For the purpose of the state air pollution control rules, the use of an

alternative type of fuel or raw material is not a modification if the existing facility was designed

to accommodate the alternative type of fuel or raw material. An emission facility is considered

to be designed to accommodate an alternative type of fuel or raw material if that use could be

accomplished under the facility's construction specifications as amended prior to the change.

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 July

27, 1998, are amended to reflect the amendments to this chapter adopted on July 27, 1998, that

are related to opacity averaging and excursions.

9
Statutory Authority: MS s 116.07

History: 8 SR 2275; 18 SR 614; 23 SR 145; 23 SR 2224

7011.0020 CIRCUMVENTION.

No owner or operator may install or use a device or means that conceals or dilutes

emissions, which would otherwise violate a federal or state air pollution control rule, without

reducing the total amount of pollutant emitted.

Statutory Authority: MS s 116.07 subd 4

History: 8 SR 2275; 18 SR 614

CONTROL EQUIPMENT

7011.0060 DEFINITIONS.

Subpart 1. Scope. The definitions in parts 7005.0100 and 7007.0100 apply to the terms

used in parts 7011.0060 to 7011.0080 unless the terms are defined in this part. The definitions

in this part apply to the terms used in parts 7011.0060 to 7011.0080.

Subp. 2. Capture efficiency. "Capture efficiency" means the percentage of emissions

produced by a process that are captured by an enclosure and/or ductwork and transported

to air pollution control equipment.

Subp. 3. Collection efficiency. "Collection efficiency" means the percentage of

emissions entering the air pollution control equipment that are collected by the air pollution

control equipment and thus removed from the exhaust stream. "Collection" pertains to

pollutants that are collected but molecular composition may or may not be changed.

Subp. 3a. Control efficiency. "Control efficiency" has the meaning given to control

equipment efficiency in subpart 3b.

Subp. 3b. Control equipment efficiency. "Control equipment efficiency" means the

percentage of emissions produced by a process that are not emitted to the atmosphere. Control

equipment efficiency is equal to the product of the capture efficiency and collection efficiency

or the product of capture efficiency and destruction efficiency.

10
Subp. 3c. Control equipment manufacturer. "Control equipment manufacturer" means

a person that manufactures and sells control equipment, if at least 50 percent of the dollar value

of the annual control equipment sales are made to persons who are not a subsidiary, division,

or subdivision of the control equipment manufacturer.

Subp. 3d. Destruction efficiency. "Destruction efficiency" means the percentage of

emissions entering the air pollution control equipment that are destroyed by the air pollution

control equipment and thus removed from the exhaust stream. "Destruction" pertains to

pollutants that are destroyed whereby molecular composition is changed.

Subp. 3e. Hood. "Hood" means a shaped inlet to a pollution control system that does

not totally surround emissions from an emissions unit, that is designed, used, and maintained

to capture and discharge the air emissions through ductwork to control equipment, and that

conforms to the design and operating practices recommended in "Industrial Ventilation -

A Manual of Recommended Practice, American Conference of Governmental Industrial

Hygienists." This document is subject to frequent change. A spray booth can be a hood if it

meets the definition in this subpart.

Subp. 4. Listed control equipment. "Listed control equipment" means the control

equipment at a stationary source listed in part 7011.0070, subpart 1a, Table A.

Subp. 4a. Testing company. "Testing company" means a corporation, partnership,

limited liability company, or sole proprietorship that conducts evaluations of hood design

parameters as a normal part of its business activities and that is not the owner or operator of

the emission facility or a subsidiary, division, or subdivision of the owner or operator of

the emission facility.

Subp. 5. Total enclosure. "Total enclosure" means an enclosure that completely

surrounds emissions from an emissions unit such that all emissions are captured and discharged

through ductwork to control equipment.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 32 SR 904

7011.0061 INCORPORATION BY REFERENCE.

For the purpose of parts 7011.0060 to 7011.0080, the document, Industrial Ventilation

- A Manual of Recommended Practice, American Conference of Governmental Industrial

Hygienists (1984), 1300 Kemper Meadow Drive, Cincinnati, Ohio 45240, is incorporated by

reference. American Conference of Governmental Industrial Hygienists is the author and

publisher. This document is available through the Minitex interlibrary loan system (University

of Minnesota Library). This document is subject to frequent change.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 32 SR 904

7011.0065 APPLICABILITY.

Subpart 1. Applicability. The owner or operator of a stationary source shall comply with

parts 7011.0060 to 7011.0080 if the owner or operator elected to use the control equipment

efficiencies for listed control equipment established pursuant to part 7011.0070 to calculate

potential to emit, from emissions units that discharge through the listed control equipment, to:

11
A. determine what type of permit is required, pursuant to part 7007.0150, subpart

4, item B;

B. determine what type of amendment to a part 70 or state permit is required,

pursuant to part 7007.1200;

C. qualify for an insignificant modification under part 7007.1250;

D. qualify for registration permit option D under part 7007.1130; or

E. qualify for a capped permit under parts 7007.1140 to 7007.1148.

Subp. 2. [Repealed, 32 SR 904]

Statutory Authority: MS s 116.07

History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904

7011.0070 LISTED CONTROL EQUIPMENT AND CONTROL EQUIPMENT

EFFICIENCIES.

Subpart 1. Listed control equipment efficiencies.

A. Unless a part 70, state, or general permit specifies a different control efficiency,

the owner or operator of a stationary source must at all times attain at least the control

efficiency listed in Table A for each piece of listed control equipment at the stationary source.

The applicable control efficiency for a type of listed control equipment and a given pollutant is

determined by whether air emissions are discharged to the control equipment through a hood

that is certified as described in part 7011.0072, through a noncertified hood, or through a total

enclosure. The control equipment efficiencies in Table A do not apply to any hazardous air

pollutant.

B. The use of the control efficiencies listed in Table A under subpart 1a that are

associated with a hood that is not certified is limited to the owner or operator of a stationary

source that qualifies for a registration permit under parts 7007.1110 to 7007.1130.

Subp. 1a. Exceptions where control efficiency disallowed. The owner or operator may

not use a control efficiency listed in Table A if:

A. the commissioner determines that the listed efficiency is inapplicable or is not

representative of the source due to complexity of the process or source of emissions, lack of

reliable data, presence of a pollutant or constituent such as condensible particulate matter or an

organic compound significantly more difficult to control than the overall VOC gas stream that

makes the categorical efficiency nonrepresentative, or other site-specific conditions; or

B. the commissioner determines that alternate site-specific requirements are

necessary to ensure compliance with applicable requirements or to protect human health

or the environment.

12
CONTROL EQUIPMENT EFFICIENCY - TABLE A

ID# CONTROL EQUIPMENT

DESCRIPTION

POLLUTANT CONTROL EFFICIENCY

TOTAL

ENCLOSURE

HOOD:

CERTIFIED

HOOD:

NOT

CERTIFIED

Table A - Section 1 - Equipment Designed Primarily for Particulate Matter Control

PM CONTROL

CATEGORY-CYCLONES

means a device where airflow

is forced to spin in a vortex

through a tube

007 Centrifugal Collector

(cyclone)-high efficiency

means: a cyclonic device with

parameters stated in drawing 1

and table 1

PM

PM-10

90%

78%

72%

62%

54%

46%

008 Centrifugal Collector

(cyclone)-medium efficiency

means: a cyclonic device with

parameters stated in drawing 1

and table 1

PM

PM-10

80%

60%

64%

48%

48%

36%

009 Centrifugal Collector

(cyclone)-low efficiency

means: a cyclonic device with

parameters stated in drawing 1

and table 1

PM

PM-10

25%

25%

20%

20%

15%

15%

076 Multiple Cyclone without

Fly Ash Reinjection means:

a cyclonic device with more

than one tube where fly ash is

not reinjected

PM

PM-10

90%

72%

72%

58%

54%

43%

057,

085

Wet Cyclone Separator or

Cyclonic Scrubbers means:

a cyclonic device that sprays

water into a cyclone

PM,

PM-10

84% 68% 51%

13
010,

011,

012,

128,

146

PM CONTROL CATEGORYELECTROSTATIC

PRECIPITATORS means:

a control device in which the

incoming particulate matter

receives an electrical charge

and is then collected on a

surface with the opposite

electrical charge

-assumed efficiency for boiler

fly ash control

PM-10 40% NA NA

-assumed efficiency for other

applications

PM

PM-10

98%

94%

78%

75%

59%

56%

PM CONTROL CATEGORY

- OTHER CONTROLS

016,

017,

018

Fabric Filter means: a control

device in which the incoming

gas stream passes through a

porous fabric filter forming a

dust cake

PM

PM-10

99%

93%

79%

74%

59%

56%

052 Spray Tower means: a control

device in which the incoming

gas stream passes through a

chamber in which it contacts

a liquid spray

PM

PM-10

85%

84%

68%

68%

51%

51%

053 Venturi Scrubber means: a

control device in which the

incoming gas stream passes

through a venturi into which

a low pressure liquid is

introduced

PM

PM-10

94%

84%

76%

68%

57%

51%

055 Impingement Plate Scrubber

means: a control device in

which the incoming gas stream

passes a liquid spray and is

then directed at high velocity

into a plate

PM

PM-10

77%

77%

62%

62%

46%

46%

056,

113

Mechanically Aided Separator

means: a device that relies on

inertia for separating particles

from a gas stream

PM

PM-10

64%

5%

52%

4%

39%

3%

14
058 Wall or Panel Filter means:

a control device in which

the exiting gas stream passes

through a panel of coarse

fibers. Other Wall Filters

means removable panels for

cleaning and replacement, or

liquid curtains for particulate

removal that provide little

resistance to air flow

PM

PM-10

85%

85%

68%

68%

51%

51%

101 HEPA Filter or ULPA Filter

means: a high efficiency

wall or panel filter designed

for collection of submicron

particles

PM

PM-10

99.98%

99.98%

80%

80%

60%

60%

503 Charged Scrubber means:

a control device in which

electric power is used to

precharge particulate matter

in the gas stream as a means

of increasing the scrubber's

collection efficiency for fine

particles

PM

PM-10

94%

84%

76%

68%

57%

51%

517 Condensation Scrubber

means: a control device

in which steam is injected

into a wet scrubber to create

supersaturated conditions and

promote condensation of water

on fine particulate matter in

the gas stream

PM

PM-10

94%

84%

76%

68%

57%

51%

Table A - Section 2 - Equipment Designed for VOC Control (includes efficiencies for

pollutants where there is a co-benefit of control)

VOC CONTROL

CATEGORY

15
019,

020,

109,

116,

509

Catalytic Afterburners

(catalytic oxidation) means: a

device used to reduce VOC's

to the products of combustion

through catalytic (use of

a catalyst) oxidation in a

combustion chamber

VOC

PM

PM-10

CO

94%

62%

62%

94%

76%

50%

50%

76%

57%

37%

38%

57%

021,

022,

131,

133,

510

Thermal Afterburners (thermal

oxidation) means: a device

used to reduce VOC's to the

products of combustion

through thermal (high

temperature) oxidation in

a combustion chamber

VOC

PM

PM-10

CO

97%

62%

62%

97%

78%

50%

50%

78%

58%

37%

37%

58%

023 Flaring or Direct Combustor

means: a device in which air,

combustible organic waste

gases, and supplementary fuel

(if needed) react in the flame

zone (e.g., at the flare tip) to

destroy the VOC's

VOC

PM

PM-10

CO

98%

61%

61%

98%

79%

50%

50%

79%

59%

37%

37%

59%

Drawing 1

16
Table 1

Cyclone Type

Ratio Dimensions High Efficiency Medium Efficiency Low Efficiency

Height of inlet,

H/D ≤0.44 >0.44 and <0.8 ≥0.8

Width of inlet,

W/D ≤0.2 >0.2 and <0.375 ≥0.375

Diameter of gas

exit, De/D ≤0.4 >0.4 and <0.75 ≥0.75

Length of vortex

finder, S/D ≤0.5 >0.5 and <0.875 ≥0.875

If one or more of the "ratio dimensions," as listed in table 1, are in a different efficiency

category (high, medium, low), then the lowest efficiency category shall be applied.

Subp. 1b. Transition period. Any owner or operator of a stationary source that used the

control efficiencies in part 7011.0070 to qualify for its permit and is ineligible for its permit on

or after January 1, 2007, shall apply for another type of permit on or before December 31, 2008.

Subp. 2. Alternative control equipment and capture efficiencies; control efficiencies

for hazardous air pollutants. The owner or operator of a stationary source may use an

alternative control equipment efficiency or capture efficiency or both for the control equipment

listed in subpart 1, if the actual control efficiency or capture efficiency has been verified by a

performance test approved by the commissioner under parts 7017.2001 to 7017.2060. The

owner or operator of a stationary source may use a control equipment efficiency for listed

control equipment for a hazardous air pollutant, if the control efficiency has been verified

by a performance test approved by the commissioner under parts 7017.2001 to 7017.2060.

The request for the alternative control efficiency or capture efficiency or both may be made

through a permit application for a part 70, state, registration, capped, or general permit, or in

a required notice or application submitted under parts 7007.1150 to 7007.1500. The owner

or operator of a stationary source must attain at all times the alternative control efficiency or

capture efficiency or both for a piece of listed control equipment at the stationary source

established under this subpart.

Subp. 3. [Repealed, 32 SR 904]

Subp. 4. [Repealed, 32 SR 904]

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904

7011.0072 REQUIREMENTS FOR CERTIFIED HOODS.

Subpart 1. Applicability. This part applies only to certified hoods and hoods the owner

or operator elects to be certified. Nothing in this part shall be construed to allow the owner or

operator of an emission facility to violate an applicable requirement or compliance document.

17
Hoods evaluated before June 8, 1999, using a form, the contents of which differ from the

content in subpart 3, are not required to be reevaluated, unless requested by the commissioner

to demonstrate continued conformity with the design and operating practices described in the

manual incorporated by reference under part 7011.0061.

Subp. 2. Certification required. In order to use a certified hood control efficiency value

in part 7011.0070, subpart 1a, Table A, the owner or operator of a stationary source must:

A. arrange for a testing company to conduct a hood evaluation;

B. document, on a form provided by the commissioner, that the hood conforms to

the design and operating practices recommended in the manual incorporated by reference

under part 7011.0061 and must include with the permit application a certification statement as

specified in item C, if the hood exists at the time of application. If the hood does not exist at the

time of application, then the certification required in item C shall be sent to the commissioner

within 30 days after start-up. The form used to demonstrate that the hood conforms to the

required design and operating practices shall contain the elements listed in subpart 3; and

C. include on the form required under item B a certification statement signed by the

responsible official, stating as follows: "I certify under penalty of law that the aforementioned

hood(s) has (have) been evaluated under my direction or supervision by qualified personnel

and that, to the best of my knowledge and belief, the (each) hood conforms to the design and

operating practices recommended in "Industrial Ventilation - A Manual of Recommended

Practice, American Conference of Governmental Industrial Hygienists.""

Subp. 3. Contents of hood evaluation form. The hood evaluation form required

in subpart 2 shall include:

A. hood dimensions recommended by the manual incorporated by reference under

part 7011.0061;

B. design capture velocity and justification for use of this velocity and a list of

the manual pages relied on;

C. minimum recommended air flow into the hood;

D. recommended hood face velocity or slot velocity, and, if applicable, plenum and

duct velocity;

E. capture velocity test plan; and

F. actual values of design parameters listed in items A to D, as well as fan rotation

speed or fan power draw, as determined through testing.

Subp. 4. Monitoring and record keeping. The owner or operator of a certified hood

shall:

A. maintain at the stationary source the most current record of each hood evaluation

required by part 7011.0070; and

B. measure the fan rotation speed, fan power draw, face velocity, or other comparable

air flow indicator for each hood and maintain a yearly summary of these measurements. Each

yearly summary shall be maintained at the stationary source for a minimum of five years.

Statutory Authority: MS s 116.07

History: 32 SR 904

18
7011.0075 LISTED CONTROL EQUIPMENT GENERAL REQUIREMENTS.

Subpart 1. Operation of control equipment. The owner or operator of a stationary

source shall operate all listed control equipment located at the stationary source whenever

operating the emission units controlled by the listed control equipment in compliance with parts

7011.0060 to 7011.0080. Unless specifically allowed by a part 70, state, or general permit, each

piece of listed control equipment, with the exception of low-temperature fabric filters (ID #018)

using visible emissions as the monitoring parameter under part 7011.0080, shall at all times be

operated in the range established by the control equipment manufacturer's specifications for

each monitoring parameter listed in part 7011.0080, or within the operating parameters set by

the commissioner as the result of the most recent performance test conducted to determine

control efficiency under parts 7017.2001 to 7017.2060 if those are more restrictive.

The owner or operator with fabric filters (ID #016, #017, #018) using pressure drop as

the monitoring parameter under part 7011.0080 and applying for a registration permit or

a capped permit, may request an alternative range to the control equipment manufacturer's

specifications, if the proposed range is based on two years of compliant monitoring data

supplied with the request. The proposed operating range shall be deemed acceptable unless

the owner or operator is notified otherwise in writing within 30 days of receipt by the

commissioner. The commissioner shall deny a request for an alternative monitoring parameter

range if the commissioner finds that:

A. an owner or operator has failed to disclose fully all facts relevant to the proposed

monitoring parameter range of the control device or the owner or operator has knowingly

submitted false or misleading information to the commissioner;

B. operation of the control device in the monitoring parameter range proposed by

the owner or operator would result in noncompliance with applicable requirements, endanger

human health or the environment, or subject the stationary source to different applicable

requirements or requirements under chapter 7007; or

C. the proposed range is not supported by the data supplied with the request.

Subp. 2. Maintenance of control equipment. The owner or operator of a stationary

source shall maintain each piece of listed control equipment according to the control equipment

manufacturer's specifications, shall comply with source-specific maintenance requirements

specified in a part 70, state, or general permit, and shall perform the following on each piece of

listed control equipment:

A. maintain an inventory of spare parts that are subject to frequent replacement, as

required by the manufacturing specification or documented in records under items H and I;

B. train staff on the operation and monitoring of control equipment and

troubleshooting, and train and require staff to respond to indications of malfunctioning

equipment, including alarms and other indicators of abnormal operation;

C. thoroughly inspect all control equipment at least annually, or as required by the

manufacturing specification (this often requires shutting down temporarily);

D. inspect monthly, or as required by the manufacturing specification, components

that are subject to wear or plugging, for example: bearings, belts, hoses, fans, nozzles, orifices,

and ducts;

E. inspect quarterly, or as required by the manufacturing specification, components

that are not subject to wear including structural components, housings, ducts, and hoods;

19
F. check daily, or as required by the manufacturing specification, monitoring

equipment, for example: pressure gauges, chart recorders, temperature indicators, and

recorders;

G. calibrate annually, or as required by the manufacturing specification, all

monitoring equipment;

H. maintain a record of activities conducted in items A to G consisting of the activity

completed, the date the activity was completed, and any corrective action taken; and

I. maintain a record of parts replaced, repaired, or modified for the previous five

years.

Subp. 3. Installation of monitoring equipment. The owner or operator of a stationary

source shall install monitoring equipment to measure the operating parameters of all listed

control equipment as specified by parts 7011.0072 and 7011.0080 or by source specific

monitoring requirements specified in a part 70, state, or general permit. The monitoring

equipment must be installed prior to operation of any new process equipment controlled by

the control equipment or, for stationary sources in operation on December 27, 1994, by the

application deadline listed in part 7007.0350, subpart 1, item A. The owner or operator of a

stationary source shall operate the monitoring equipment for each piece of listed control

equipment at all times the listed control equipment is required to operate in compliance with

part 7011.0075.

Subp. 4. Shutdown and breakdown procedures. In the event of a shutdown of listed

control equipment, or a breakdown of listed control equipment, the owner or operator of a

stationary source shall comply with part 7019.1000.

Subp. 5. Deviation of listed control equipment from operating specifications. The

owner or operator of a stationary source shall report to the commissioner in accordance with

the deadlines in part 7007.0800, subpart 6, item A, subitem (2), any recorded reading outside

the specification or range of specification allowed by subpart 1 of any monitored operating

parameter required by part 7011.0080, except that owners or operators with a registration

permit option D or a capped permit to which parts 7011.0060 to 7011.0080 apply shall make

this report only if a deviation occurred in the reporting period. Owners or operators of

low-temperature fabric control equipment (ID #018) using visible emissions as the monitoring

parameter under part 7011.0080 shall report any visible emissions observed from the control

equipment as a deviation.

Subp. 6. Demonstration of capture and control equipment efficiency. The owner or

operator shall, upon request of the commissioner or the administrator, conduct a performance

test under parts 7017.2001 to 7017.2060 to determine the capture efficiency of a hood or

other capture device or to determine the efficiency of the control equipment. In addition to

the reasons specified in part 7017.2020, subpart 1, the commissioner or the administrator may

make such a request to verify that the capture device or control equipment at a stationary

source is attaining the efficiency assumed under part 7011.0070.

Subp. 7. Recalculation of potential to emit.

A. The owner or operator shall recalculate the potential to emit of the stationary

source under part 7007.0150, subpart 4, or under part 7007.1200 for amendments to part 70

20
or state permits, if the owner or operator becomes aware of any information indicating that

the calculation originally performed under part 7007.0150, subpart 4, or 7007.1200, would

change because the listed control equipment is not as efficient as originally assumed under part

7011.0070 or changes have been made to decrease the listed control equipment's efficiency.

The owner or operator shall submit this recalculation to the commissioner within 30 days of

becoming aware of the information.

B. The owner or operator shall, upon request of the commissioner or the

administrator, recalculate the potential to emit of the stationary source under part 7007.0150,

subpart 4, or part 7007.1200 for amendments to part 70 and state permits, and submit the

recalculation to the commissioner or the administrator by the date specified in the request.

Statutory Authority: MS s 116.07

History: 19 SR 1345; 22 SR 1237; 23 SR 2224; 29 SR 626; 32 SR 904

7011.0080 MONITORING AND RECORD KEEPING FOR LISTED CONTROL

EQUIPMENT.

The owner or operator of a stationary source shall comply with the monitoring and record

keeping 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. Unless a specific format is required, the records may be maintained in

either electronic or paper format. For certified hoods, the owner or operator shall comply

with part 7011.0072.

Identification

Number(s)

Pollution Control

Equipment Type

Monitoring

Parameter(s)

Record-keeping

Requirement

A. Equipment designed for particulate matter control

007, 008, 009,

076,

Centrifugal collector

(cyclone)

Pressure drop Record pressure drop

every 24 hours if in

operation

010, 011, 012,

128, 146

Electrostatic

precipitator

Voltage, secondary

current, and, if used,

conditioning agent

flow rate

Continuous readout of

voltage, and secondary

current. If used, daily

record of conditioning

agent flow rate

016, 017 Fabric filter

(bag house),

high temperature

(T>250°F), medium

temperature (180°F>

T<250°F)

Pressure drop Record pressure drop

every 24 hours if in

operation

21
018 Fabric filter

(bag house),

low temperature

(T<180°F)

Pressure drop or

visible emissions

observation from filter

outlet during an entire

cleaning cycle, unless

the commissioner

specifies pressure

drop and/or visible

emissions as the

indicator(s) of fabric

filter performance

Record pressure drop

every 24 hours if

in operation, or

Record whether any

visible emissions

are observed and

the time period of

observation every 24

hours if in operation;

or record both if the

commissioner requires

monitoring of both

parameters

052 Spray tower Liquid flow rate and

pressure drop

Record each parameter

every 24 hours if in

operation

053, 055 Venturi scrubber,

impingement plate

scrubber

Pressure drop and

liquid flow rate

Record each parameter

every 24 hours if in

operation

056, 113 Mechanically aided

separator

Pressure drop Record every 24 hours

if in operation

058, 101 HEPA and other wall

filters

Condition of the

filters, including,

but not limited to,

alignment, saturation,

and tears and holes

Record of filter(s)

condition every 24

hours if in operation

057, 085 Wet cyclone separator Pressure drop; and

water pressure

Record each parameter

every 24 hours if in

operation

503 Charged scrubber Pressure drop and

liquid flow rate

Record each parameter

every 24 hours if in

operation

22
517 Condensation

scrubber

Pressure drop and

either steam supply

rate or blowdown rate

Record each parameter

every 24 hours if in

operation

B. Equipment designed for volatile organic compound control

021, 022, 131,

133, 510

Thermal afterburner Combustion

temperature or

inlet and outlet

temperatures

Record temperatures

at least once every 15

minutes

019, 020, 109,

116, 509

Catalytic afterburner

Inlet and outlet

temperatures; and

catalyst bed reactivity

as per manufacturer's

specifications

Record temperatures

or manual readings at

least once every 15

minutes; and record

results of catalyst bed

reactivity

023 Flaring Temperature

indicating presence

of a flame

Record temperatures

at least once every 15

minutes

Statutory Authority: MS s 116.07

History: 19 SR 1345; 20 SR 2316; 23 SR 2224; 32 SR 904

EMISSION STANDARDS FOR VISIBLE AIR CONTAMINANTS

7011.0100 SCOPE.

The standards of performance in parts 7011.0100 to 7011.0115 apply to any emission

facility for which a specific standard of performance has not been promulgated in another rule.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

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 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-minute periods during which the average

opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute

periods during which the average opacity exceeds 33 percent. For the purposes of this part,

"existing emission facility" means an emission facility on which construction, modification,

or reconstruction did not commence after January 31, 1977.

23
Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237; 23 SR 145

7011.0110 VISIBLE EMISSION RESTRICTIONS FOR NEW FACILITIES.

No owner or operator of a new 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. For the purposes of this part, "new emission

facility" means an emission facility on which construction, modification, or reconstruction

commenced after January 31, 1977.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237

7011.0115 PERFORMANCE TESTS.

Unless another method is approved by the agency, any person required to submit

performance tests for emission facilities for which parts 7011.0100 to 7011.0115 are applicable

shall utilize Method 9 for visual determination of opacity.

Performance tests shall be conducted according to the requirements of this part and parts

7017.2001 to 7017.2060.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412

7011.0120 OPACITY STANDARD ADJUSTMENT.

Subpart 1. Application for permit modification. An owner or operator of an emission

facility may file an application for a permit modification under chapter 7007 for adjustment of

the opacity standard applicable to an emissions unit. In addition to the items required under

chapter 7007, the application must contain data that demonstrates that:

A. based on tests conducted under parts 7017.1002 to 7017.2060, the emissions unit

is in compliance with the applicable standard of performance for particulate matter and all

other standards of performance, except the opacity standard;

B. the stationary source is in compliance with all applicable standards of

performance except the opacity standard at the emissions unit for which adjustments are being

sought or have already been permitted by the agency; and

C. the stationary source was operated in a manner to minimize the opacity of

emissions at the emissions unit during the performance tests conducted under item A.

Subp. 2. Atmospheric dispersion modeling. If the data submitted under subpart 1

indicates that an adjustment of the opacity standard may cause or contribute to a violation of

an ambient air quality standard, the agency shall require the owner or operator to conduct

atmospheric dispersion modeling and include the results of the modeling in the application for

a permit modification. However, a stationary source that has potential emissions of particulate

matter of less than 25 tons per year is not required to conduct modeling. Modeling must be

performed according to "Guidelines on Air Quality Models," EPA-450/2-78-027R, as amended

by supplemental updates, or methods that the commissioner finds to be comparably reliable.

24
The Guidelines are incorporated by reference. The Guidelines are written and published

by the USEPA, Office of Air and Radiation, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina 27711. The guidelines are subject to frequent change

and are available from the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr.

Blvd., Saint Paul, Minnesota 55155.

Subp. 3. Opacity adjustment determination and permit modification. The agency

shall set an adjusted opacity standard at the most restrictive level which the performance tests

conducted under subpart 1, items A and C demonstrate the emissions unit is capable of meeting

and shall modify the permit to establish the adjusted opacity standard, if the requirements of

subparts 1 and 2 are met and the stationary source, with the adjusted opacity standard, would

meet any one of the following:

A. not cause or contribute to a violation of an ambient air quality standard;

B. have potential emissions of particulate matter of less than 25 tons per year and

less than one ton per day; or

C. contribute less than one μg/m3to an annual ambient particulate matter standard

violation and less than five μg/m3to a 24-hour ambient particulate matter standard violation.

Statutory Authority: MS s 116.07

History: 8 SR 2275; L 1987 c 186 s 15; 13 SR 2154; 18 SR 614; 18 SR 1412; 23 SR

1764; 23 SR 2224

CONTROL OF FUGITIVE PARTICULATE MATTER

7011.0150 PREVENTING PARTICULATE MATTER FROM BECOMING

AIRBORNE.

No person shall cause or permit the handling, use, transporting, or storage of any material

in a manner which may allow avoidable amounts of particulate matter to become airborne.

No person shall cause or permit a building or its appurtenances or a road, or a driveway,

or an open area to be constructed, used, repaired, or demolished without applying all

such reasonable measures as may be required to prevent particulate matter from becoming

airborne. All persons shall take reasonable precautions to prevent the discharge of visible

fugitive dust emissions beyond the lot line of the property on which the emissions originate.

The commissioner may require such reasonable measures as may be necessary to prevent

particulate matter from becoming airborne including, but not limited to, paving or frequent

clearing of roads, driveways, and parking lots; application of dust-free surfaces; application of

water; and the planting and maintenance of vegetative ground cover.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 20 SR 2316

7011.0300 [Repealed, 21 SR 693]

7011.0305 [Repealed, 21 SR 693]

7011.0310 [Repealed, 21 SR 693]

7011.0315 [Repealed, 21 SR 693]

25
7011.0320 [Repealed, 21 SR 693]

7011.0325 [Repealed, 21 SR 693]

7011.0330 [Repealed, 21 SR 693]

7011.0400 [Repealed, 22 SR 1237]

7011.0405 [Repealed, 22 SR 1237]

7011.0410 [Repealed, 22 SR 1237]

INDIRECT HEATING FOSSIL-FUEL-BURNING EQUIPMENT

7011.0500 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.0500 to 7011.0550, the following words shall

have the meanings defined herein.

Subp. 2. Actual heat input. "Actual heat input" means the number of Btu per hour

(cal/hr) determined by multiplying the gross heating value of the fuel by the rate of fuel burned.

Subp. 3. Coal refuse. "Coal refuse" means waste products of coal mining, cleaning, and

coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay, and

other organic and inorganic material.

Subp. 4. Derating. "Derating" means limitation of heat input and corresponding steam

output capacity.

Subp. 5. Direct heating equipment. "Direct heating equipment" means a furnace, kiln,

dryer, or other combustion equipment used in the burning of a fossil fuel for the purpose of

processing a material where the products of combustion have direct contact with the heated

material.

Subp. 6. Distillate oil. "Distillate oil" means grades of oils known as No. 1 and No.

2, as defined in the A.S.T.M. D 396 (1973).

Subp. 7. Fossil fuel. "Fossil fuel" means natural gas, petroleum, coal, wood, peat, and

any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of

creating useful heat.

Subp. 8. Gross heating value. "Gross heating value" means the gross calorific value

(cal/g or Btu/1b) of the fuel combusted as determined by A.S.T.M. test methods D 2015-66(72)

for solid fuels; D 1826-64(70) for gaseous fuels, and D 240-64(73) for liquid fuels.

Subp. 9. Indirect heating equipment. "Indirect heating equipment" means a furnace, a

boiler, or other unit of combustion equipment used in the process of burning fossil fuel for

the purpose of producing steam, hot water, hot air, or other hot liquid, gas, or solid, where the

products of combustion do not have direct contact with the heated medium.

26
Subp. 10. Rated heat input. "Rated heat input" means the number of Btu per hour

(cal/hr) which the manufacturer has determined to be the continuous rated capability of the

indirect heating equipment, or, where the rated heat input is not specified by the manufacturer,

the number of Btu per hour (cal/hr) determined by dividing the rated heat output by the

overall thermal efficiency.

Subp. 11. Residual oil. "Residual oil" means grades of oils known as No. 4, No. 5

(light), No. 5 (heavy), and No. 6, as listed in A.S.T.M. D 396 (1973).

Subp. 12. Steam generating unit. "Steam generating unit" means indirect heating

equipment used to produce steam.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0505 DETERMINATION OF APPLICABLE STANDARDS OF PERFORMANCE.

Subpart 1. Scope. Parts 7011.0500 to 7011.0550 shall apply to indirect heating equipment

for which a standard of performance has not been promulgated in a specific rule.

Subp. 2. Rated heat input. The applicable standards of performance in part 7011.0545

or 7011.0550 shall be determined by using the rated heat input of the specific indirect heating

equipment and the total rated heat inputs of all indirect heating equipment and all direct heating

equipment of one owner or operator at that particular location.

Subp. 3. Simultaneous burning of different fuels. Simultaneous burning of different

fuels:

A. When different fossil fuels are burned simultaneously in any combination, the

applicable sulfur dioxide standard shall be determined by proration using the following

formula:

y(a) + z(b)

w = _________

x + y + z

where:

w is the maximum allowable emissions of sulfur dioxide gases in lbs per million Btu

(nanograms/joule);

x is the percentage of total heat input derived from gaseous fossil fuel;

y is the percentage of total heat input derived from liquid fossil fuel;

z is the percentage of total heat input derived from solid fossil fuel;

a is the allowable SO2standard for liquid fossil fuels expressed in lbs per million Btu

(nanograms/joule); and

b is the allowable SO2standard for solid fossil fuels expressed in lbs per million Btu

(nanograms/joule).

27
B. When different fossil fuels are burned simultaneously in any combination, the

applicable nitrogen oxides standard shall be determined by proration using the following

formula:

x(c) + y(a) + z(b)

w = ______________

x + y + z

where:

w, x, y, and z mean the same as in the formula in item A, for determining the applicable

sulfur dioxide standard;

a is the allowable NOxstandard for liquid fossil fuels expressed in lbs per million Btu

(nanograms/joule);

b is the allowable NOxstandard for solid fossil fuels expressed in lbs per million Btu

(nanograms/joule); and

c is the allowable NOxstandard for gaseous fossil fuels expressed in lbs per million Btu

(nanograms/joule).

Subp. 4. Exception. When lignite or a solid fossil fuel containing 25 percent by weight,

or more, of coal refuse is burned in combination with gaseous, liquid, or other solid fossil fuel,

the standard of performance for nitrogen oxides shall not apply.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0510 STANDARDS OF PERFORMANCE FOR EXISTING INDIRECT

HEATING EQUIPMENT.

Subpart 1. Particulate matter and sulfur dioxide. No owner or operator of existing

indirect heating equipment shall cause to be discharged into the atmosphere from said

equipment any gases which contain particulate matter or sulfur dioxide in excess of the

standards of performance shown in part 7011.0545.

Subp. 2. Opacity. No owner or operator of existing indirect heating equipment shall

cause to be discharged into the atmosphere from said equipment any gases which exhibit

greater than 20 percent opacity, except for one six-minute period per hour of not more than

60 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour

period contains two or more six-minute periods during which the average opacity exceeds 20

percent or whenever any one-hour period contains one or more six-minute periods during

which the average opacity exceeds 60 percent.

Subp. 3. Definition. For the purposes of this part and part 7011.0545, "existing indirect

heating equipment" means indirect heating equipment on which construction, modification,

or reconstruction did not commence after January 31, 1977.

Statutory Authority: MS s 116.07

28
History: 18 SR 614; 22 SR 1237; 23 SR 145

7011.0515 STANDARDS OF PERFORMANCE FOR NEW INDIRECT HEATING

EQUIPMENT.

Subpart 1. Particulate matter, sulfur dioxide, and nitrogen oxides. No owner or

operator of new indirect heating equipment shall cause to be discharged into the atmosphere

from said equipment any gases which contain particulate matter, sulfur dioxide, or nitrogen

oxides in excess of the standards of performance shown in part 7011.0550.

Subp. 2. Opacity. No owner or operator of new indirect heating equipment of greater

than 250 million Btu per hour rated heat input shall cause to be discharged into the atmosphere

from said equipment any gases which exhibit greater than 20 percent opacity, except for one

six-minute period per hour of not more than 27 percent opacity. An exceedance of this opacity

standard occurs whenever any one-hour period contains two or more six-minute periods during

which the average opacity exceeds 20 percent or whenever any one-hour period contains one

or more six-minute periods during which the average opacity exceeds 27 percent.

No owner or operator of new indirect heating equipment of 250 million Btu per hour or

less rated heat input shall cause to be discharged into the atmosphere from said equipment any

gases which exhibit greater than 20 percent opacity; except for one six-minute period per hour

of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever

any one-hour period contains two or more six-minute periods during which the average opacity

exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods

during which the average opacity exceeds 60 percent.

Subp. 3. Definition. For the purposes of this part and part 7011.0550, "new indirect

heating equipment" means indirect heating equipment on which construction, modification, or

reconstruction commenced after January 31, 1977.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237; 23 SR 145

7011.0520 ALLOWANCE FOR STACK HEIGHT FOR INDIRECT HEATING

EQUIPMENT.

Subpart 1. Requirement. The owner or operator of any indirect heating equipment shall

determine and install a stack of such height that will not cause pollutant concentrations at

ground levels to exceed any applicable ambient air quality standard or rule.

Subp. 2. Methodology. The determination of the ground level concentrations shall be

based upon applicable dispersion calculations approved by the agency.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0525 HIGH HEATING VALUE.

The high heating value of a fossil fuel shall mean the same as the gross heating value.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

29
7011.0530 PERFORMANCE TEST METHODS.

Unless another method is approved by the commissioner, any person required to submit

performance tests for indirect heating equipment shall utilize the following test methods:

A. Method 1 for selection of sampling site and sample traverses;

B. Method 3 for gas analysis;

C. Method 5 for concentration of particulate matter and the associated moisture

content;

D. Method 6 for concentration of SO2;

E. Method 7 for concentration of NOx; and

F. Method 9 for visual determination of opacity.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.0535 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Method 1. The sampling site, as selected by Method 1, shall be the same for

each pollutant during a performance test.

Subp. 3. Method 5. For Method 5, the sampling time for each run shall be at least 60

minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf) except that smaller

sampling times or volumes, when necessitated by process variables or other factors, may be

approved by the agency. The probe and filter holder heating systems in the sampling train shall

be set to provide a gas temperature between 120 degrees Celsius and 160 degrees Celsius (250

degrees Fahrenheit and 320 degrees Fahrenheit).

Subp. 4. Methods 6 and 7. For Methods 6 and 7, the sampling point in the duct shall

be at the center of the cross section or at a point no closer to the walls than 1 m (3.28 feet).

For Method 6 the sample shall be extracted at a rate proportional to the gas velocity at the

sampling point.

Subp. 5. Method 6. For Method 6, the minimum sampling time shall be 20 minutes and

the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean

of two samples shall constitute one run. Samples shall be taken at approximately 30-minute

intervals.

Subp. 6. Method 7. For Method 7, each run shall consist of at least four grab samples

taken at approximately 15-minute intervals. The arithmetic mean of the samples shall

constitute the run value.

Subp. 7. Nanograms. For each performance test, the emissions expressed in

nanograms/joule (lb/million Btu) shall be determined by the following procedure:

30
20.90

E = CF (__________)

20.9 - %O2

where:

A. E = pollutant emission, g/million cal nanograms/joule (lb/million Btu);

B. C = pollutant concentration g/dscm (lb/dscf), determined by Method 5, 6, or 7;

C. %O2 = oxygen content by volume (expressed as percent), dry basis. Percent

oxygen shall be determined by using the integrated sampling procedures of Method 3 and by

analyzing the sample with a continuous monitoring system, or with the Orsat analyzer. The

sample shall be obtained as follows:

(1) For determination of sulfur dioxide and nitrogen oxides emissions, the

oxygen sample shall be obtained at approximately the same point in the duct as used to obtain

the samples for Methods 6 and 7 determinations, respectively.

(2) For determination of particulate emissions, the oxygen sample shall be

obtained simultaneously by traversing the duct at the same sampling location used for each

run of Method 5 in accordance with Method 1, except that 12 sample points shall be used in

all cases;

D. The owner or operator may use either subitem (1) or (2) to determine the value

of F. F = factor representing a ratio of the volume of dry flue gases generated to the calorific

value of the fuel combusted.

(1) Values of F are given as follows:

(a) for anthracitic coal according to A.S.T.M. D388-66, F = 2.723 x

10

-7

dscm/J (10140 dscf/10

6

Btu);

(b) for subbituminous and bituminous coal according to A.S.T.M.

D388-66, F = 2.637 x 10

-7

dscm/J (9820 dscf/10

6

Btu);

(c) for liquid fossil fuels including crude, residual, and distillate oils, F =

2.476 x 10

-7

dscm/J (9220 dscf/10

6

Btu); and

(d) for gaseous fossil fuels including natural gas, propane, and butane, F

= 2.347 x 10

-7

dscm/J (8740 dscf/10

6

Btu).

(2) An owner or operator may use the following equation to determine an F

factor (dscf/10

6

Btu):

10

6

[3.64(%H) + 1.53(%C) + 0.57(%S) + 0.14(%N) - 0.46(%O)]

F

= _____________________________________________________

GVH

where:

(a) H, C, S, N, and O are content by weight of hydrogen, carbon, sulfur,

nitrogen, and oxygen (expressed as percent), respectively, as determined by ultimate analysis

31
of the fuel fired, dry basis, using A.S.T.M. methods D3168-74 or D3176 (solid fuels) or

D240-64(73) (liquid fuels) or computed from results using A.S.T.M. method D1137-53(70),

D1945-64(73) or D1946-67(72) (gaseous fuels) as applicable; and

(b) GHV is the gross heating value (Btu/lb dry basis);

E. When combinations of fuels are fired, the F factors determined by item C or D

shall be prorated in accordance with the following formula:

xF

1 + yF2 + zF3

F = _______________

100

where:

x = the percentage of total heat input derived from gaseous fossil fuel;

y = the percentage of total heat input derived from liquid fossil fuel;

z = the percentage of total heat input derived from solid fossil fuel;

F

1 = the value of F for gaseous fossil fuels according to item D or E;

F

2 = the value of F for liquid fossil fuels according to item D or E; and

F

3 = the value of F for solid fossil fuels according to item D or E;

F. When combinations of fossil fuels are fired, the actual heat input, expressed in

cal/hr (Btu/hr), shall be determined during each testing period. The rate of fuels burned during

each testing period shall be determined by suitable methods and shall be confirmed by a

material balance over the indirect heating system.

Subp. 8. Alternate method. When the emission factor cannot be calculated by means

of the method outlined in subpart 7, the emission factors for all pollutants for all new and

existing indirect heating equipment expressed in nanograms/joule (lb/million Btu) shall be

determined by the following procedure:

E

t

E = __

Z

where:

E = pollutant emissions, in nanograms/joule (lb/million Btu);

E

t = pollutant emission rate, in nanograms/hr (lb/hr), determined by Method 5; and

z = actual heat input, in joules/hr, (million Btu/hr).

Subp. 9. Operation of indirect heating equipment. The indirect heating equipment

shall be operated during the performance test at 90 percent or more of the rated heat input, or at

32
100 percent of peak operating load if an owner or operator intends to achieve compliance by

derating.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412; 22 SR 1237

7011.0540 DERATE.

The owner or operator of indirect heating equipment who elects to achieve compliance

with an applicable standard of performance by derating shall:

A. advise the commissioner of the agency in writing of the intent to achieve

compliance by derating and the capacity level at which the owner or operator intends to

operate this equipment;

B. agree to a permit condition in the required operating permit that prohibits

operation of the equipment in excess of the derate level;

C. install a boiler steam flow meter to continuously record, indicate, and integrate

boiler steam flow, and shall:

(1) submit a written report to the commissioner of the agency within ten days

of any excess steam flow occurrence above the specified derate load;

(2) use a one-hour averaging period in determining an excess above derate

with corrections for deviations in steam pressure or temperature if required;

(3) submit written yearly reports to the commissioner of the agency

confirming that no excesses have occurred during normal operations;

(4) retain and make available for inspection by the agency or its authorized

employees or agents steam flow charts for a minimum period of two years following the

date of measurement; and

D. an effective method of physical limitation of boiler load shall be submitted for

approval by the commissioner of the agency prior to authorization of a boiler derate. Such

limitation may include but is not limited to, a tieback signal from the steam flow meter to the

combustion control system cutting back fuel input at the derate load, a maximum limit stop on

the fuel input control drive or valve, or such other equivalent physical means.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

33
7011.0545 TABLE I: EXISTING INDIRECT HEATING EQUIPMENT.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

34
7011.0550 TABLE II: NEW INDIRECT HEATING EQUIPMENT.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0551 RECORD KEEPING AND REPORTING FOR INDIRECT HEATING

UNITS COMBUSTING SOLID WASTE.

35
Subpart 1. Application. The owner or operator of indirect heating equipment combusting

mixed municipal solid waste or refuse-derived fuel which makes up 30 percent or less by

weight of total fuel input, as determined by subpart 2, shall comply with the conditions

of Minnesota Statutes, section 116.90, and the conditions of this part. If the unit combusts

more than 30 percent of mixed municipal solid waste or refuse-derived fuel, parts 7011.1201

to 7011.1290 apply.

Subp. 2. Calculation. The fuel feed stream composition calculation shall be the ratio of

the weights of mixed municipal solid waste and refuse-derived fuel to mixed municipal solid

waste, refuse-derived fuel, and all other fuels delivered to the combustion chamber. The

calculation shall be made for each 24-hour period that the equipment is operated.

Subp. 3. Log. The owner or operator shall maintain an operating log where the date,

weights of mixed municipal solid waste and refuse-derived fuel combusted, weight of each

other fuel combusted, and the result of the calculation made in subpart 2 is recorded daily.

Subp. 4. Report. The owner or operator shall submit to the commissioner a quarterly

report containing the date, weights of mixed municipal solid waste and refuse-derived fuel,

and the weight of each other fuel combusted during the quarter. The reports shall be submitted

within 30 days following December 30, March 30, June 30, and September 30 of each year.

Statutory Authority: MS s 116.07

History: 18 SR 2584; 22 SR 1975

7011.0553 NITROGEN OXIDES EMISSION REDUCTION REQUIREMENTS FOR

AFFECTED SOURCES.

Affected sources, as defined in part 7007.0100, subpart 4, shall comply with Code of

Federal Regulations, title 40, part 76, as amended, entitled "Acid Rain Nitrogen Oxides

Emission Reduction Program," which is adopted and incorporated by reference.

Statutory Authority: MS s 116.07

History: 19 SR 1666

36
DIRECT HEATING FOSSIL-FUEL-BURNING EQUIPMENT

7011.0600 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.0600 to 7011.0620, the following words shall

have the meanings defined herein.

37
Subp. 2. Actual heat input. "Actual heat input" means the number of Btu per hour

(cal/hr) determined by multiplying the gross heating value of the fuel by the rate of fuel burned.

Subp. 3. Direct heating equipment. "Direct heating equipment" means a furnace, kiln,

dryer, or other combustion equipment used in the burning of a fossil fuel for the purpose of

processing a material where the products of combustion have direct contact with the heated

material.

Subp. 4. Fossil fuel. "Fossil fuel" means natural gas, petroleum, coal, wood, peat, and

any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of

creating useful heat.

Subp. 5. Gross heating value. "Gross heating value" means the gross calorific value

(cal/g or Btu/lb) of the fuel combusted as determined by A.S.T.M. test methods D 2015-66(72)

for solid fuels; D 1826-64(70) for gaseous fuels, and D 240-64(73) for liquid fuels.

Subp. 6. Indirect heating equipment. "Indirect heating equipment" means a furnace,

a boiler or other unit of combustion equipment used in the process of burning fossil fuel for

the purpose of producing steam, hot water, hot air, or other hot liquid, gas, or solid, where the

products of combustion do not have direct contact with the heated medium.

Subp. 7. Rated heat input. "Rated heat input" means the number of Btu per hour

(cal/hr) which the manufacturer has determined to be the continuous rated capability of the

direct heating equipment.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0605 DETERMINATION OF APPLICABLE STANDARDS OF PERFORMANCE.

Parts 7011.0600 to 7011.0620 shall apply to direct heating equipment for which a standard

of performance has not been promulgated in a specific rule.

The applicable standard of performance for sulfur dioxide shall be determined by using

the total rated heat input of all indirect heating equipment and all direct heating equipment of

one owner or operator at that particular location.

When different fossil fuels are burned simultaneously in any combination, the applicable

sulfur dioxide (SO2) standard shall be determined by proration using the following formula:

y(a) + z(b)

w = _________

x + y + z

where:

w is the maximum allowable emissions of sulfur dioxide gases in lbs/per million Btu

(g/million cal);

x is the percentage of total heat input derived from gaseous fossil fuel;

38
y is the percentage of total heat input derived from liquid fossil fuel;

z is the percentage of total heat input derived from solid fossil fuel;

a is the allowable SO2standard for liquid fossil fuels expressed in lbs per million Btu

(g/million cal); and

b is the allowable SO2standard for solid fossil fuels expressed in lbs per million Btu

(g/million cal).

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0610 STANDARDS OF PERFORMANCE FOR FOSSIL-FUEL-BURNING

DIRECT HEATING EQUIPMENT.

Subpart 1. Particulate limitations. Particulate limitations:

A. No owner or operator of any direct heating equipment shall cause to be

discharged into the atmosphere from the direct heating equipment any gases which:

(1) contain particulate matter in excess of the limits allowed by parts

7011.0700 to 7011.0735; or

(2) exhibit greater than 20 percent opacity, except for one six-minute period

per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs

whenever any one-hour period contains two or more six-minute periods during which the

average opacity exceeds 20 percent or whenever any one-hour period contains one or more

six-minute periods during which the average opacity exceeds 60 percent.

B. No owner or operator of an existing gray iron cupola with a melting capacity of

less than 1-1/2 tons per hour shall allow emissions which exceed 0.3 grain per standard cubic

foot, dry basis, and the owner or operator shall incinerate all gases, vapors, and gas entrained

effluents from such cupolas at a temperature of not less than 1,200 degrees Fahrenheit for a

period of not less than 0.3 seconds. The owner or operator of any other gray iron cupola shall

meet the requirements of item A.

Subp. 2. Sulfur oxide limitations. Sulfur oxide limitations:

A. Within Minneapolis-Saint Paul Air Quality Control Region. No owner or

operator of direct heating equipment located within the Minneapolis-Saint Paul Air Quality

Control Region shall cause to be discharged into the atmosphere from such equipment any

gases which contain sulfur dioxide:

(1) in excess of three pounds per million Btu heat input if a solid fossil fuel is

burned or 1.6 pounds per million Btu heat input if a liquid fossil fuel is burned, if the total

rated heat input of all indirect and direct heating equipment of the owner or operator at that

particular location exceeds 250 million Btu per hour;

(2) in excess of four pounds per million Btu heat input if a solid fossil fuel is

burned or two pounds per million Btu heat input if a liquid fossil fuel is burned, if the total

rated heat input of all indirect and direct heating equipment of the owner or operator at that

particular location is equal to or less than 250 million Btu per hour.

B. Outside Minneapolis-Saint Paul Air Quality Control Region. No owner or

operator of direct heating equipment located outside the Minneapolis-Saint Paul Air Quality

Control Region shall cause to be discharged into the atmosphere from such equipment any

39
gases which contain sulfur dioxide in excess of four pounds per million Btu heat input if a

solid fossil fuel is burned or two pounds per million Btu heat input if a liquid fossil fuel is

burned, if the total rated heat input of all indirect and direct heating equipment of the owner or

operator at that particular location is greater than 250 million Btu per hour.

Statutory Authority: MS s 116.07

History: 18 SR 614; 23 SR 145

7011.0615 PERFORMANCE TEST METHODS.

Unless another method is approved by the agency, any person required to submit

performance tests for direct heating equipment shall utilize the following test methods:

A. Method 1 for selection of sampling site and sample traverses;

B. Method 3 for gas analysis;

C. Method 5 for concentration of particulate matter and the associated moisture

content;

D. Method 6 for concentration of SO2; and

E. Method 9 for visual determination of opacity.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0620 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Sampling site. The sampling site, as selected by Method 1, shall be the same

for each pollutant during a performance test.

Subp. 3. Sampling time for Method 5. For Method 5, the sampling time for each run

shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf)

except that smaller sampling times or volumes, when necessitated by process variables or other

factors may be approved by the agency. The probe and filter holder heating systems in the

sampling train shall be set to provide a gas temperature between 120 degrees Celsius and 160

degrees Celsius (250 degrees Fahrenheit and 320 degrees Fahrenheit).

Subp. 4. Sampling point for Method 6. For Method 6, the sampling point in the duct

shall be at the center of the cross section or at a point no closer to the walls than one meter

(3.28 ft.). The sample shall be extracted at a rate proportional to the gas velocity at the

sampling point.

Subp. 5. Sampling time for Method 6. For Method 6, the minimum sampling time shall

be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample.

The arithmetic mean of two samples shall constitute one run. Samples shall be taken at

approximately 30-minute intervals.

40
Subp. 6. Sulfur dioxide emissions. For each performance test for sulfur dioxide

emissions, the emissions expressed in g/million cal (lb/million Btu) shall be determined by the

following procedure if the actual heat input is used:

20.90

E = CF (__________)

20.9 - %O2

where:

A. E = pollutant emission, g/million cal (lb/million Btu);

B. C = pollutant concentration, g/dscm (lb/dscf);

C. %O2 = oxygen content by volume (expressed as percent), dry basis. Percent

oxygen shall be determined by using the integrated sampling procedures of Method 3 or with

the Orsat analyzer. The sample shall be obtained at approximately the same point in the duct

as used to obtain the samples for Method 6;

D. The owner or operator may use either subitem (1) or (2) to determine the value

of F. F = factor representing a ratio of the volume of dry flue gases generated to the calorific

value of the fuel combusted.

(1) Values of F are given as follows:

(a) for anthracitic coal according to A.S.T.M. D388-66, F = 0.01139

dscm/10

4

cal (101.4 dscf/10

4

Btu);

(b) for subbituminous and bituminous coal according to A.S.T.M.

D388-66, F = 0.01103 dscm/10

4

cal (98.2 dscf/10

4

Btu);

(c) for liquid fossil fuels including crude, residual, and distillate oils, F =

0.01036 dscm/10

4

cal (92.2 dscf/10

4

Btu); and

(d) for gaseous fossil fuels including natural gas, propane, and butane, F

= 0.00982 dscm/10

4

cal (87.4 dscf/10

4

BTU).

(2) An owner or operator may use the following equation to determine an F

factor (dscf/10

4

Btu):

10

6

3.64(%H) + 1.53(%C) + 0.57(%S) + 0.14(%N) - 0.46(%)

F

= _____________________________________________________

GVH

where:

(a) H, C, S, N, and O are content by weight of hydrogen, carbon, sulfur,

nitrogen, and oxygen (expressed as percent), respectively, as determined by ultimate analysis

of the fuel fired, dry basis, using A.S.T.M. methods D3178-74 or D3176 (solid fuels) or

D240-64(73) (liquid fuels) or computed from results using A.S.T.M. method D1137-53(70),

D1945-64(73) or D1946-67(72) (gaseous fuels) as applicable; and

41
(b) GHV is the gross heating value.

E. When combinations of fuels are fired, the F factors determined by item D or E

shall be prorated in accordance with the following formula:

xF

1 + yF2 + zF3

F = _______________

100

where:

x = the percentage of total heat input derived from gaseous fossil fuel;

y = the percentage of total heat input derived from liquid fossil fuel;

z = the percentage of total heat input derived from solid fossil fuel;

F

1 = the value of F for gaseous fossil fuels according to item D or E;

F

2 = the value of F for liquid fossil fuels according to item D or E;

F

3 = the value of F for solid fossil fuels according to item D or E.

F. When combinations of fossil fuels are fired, the actual heat input, expressed in

cal/hr (Btu/hr), shall be determined during each testing period. The rate of fuels burned during

each testing period shall be determined by suitable methods and shall be confirmed by a

material balance over the direct heating system.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412; 22 SR 1237

7011.0625 RECORD KEEPING AND REPORTING FOR DIRECT HEATING UNITS

COMBUSTING SOLID WASTE.

Subpart 1. Application. The owner or operator of direct heating equipment combusting

mixed municipal solid waste or refuse-derived fuel which makes up 30 percent or less by

weight of total fuel weight input, as determined by subpart 2, shall comply with the conditions

of Minnesota Statutes, section 116.90, and subparts 3 and 4. If the unit combusts more than 30

percent of mixed municipal solid waste or refuse-derived fuel, parts 7011.1201 to 7011.1290

apply.

Subp. 2. Calculation. The fuel feed stream composition calculation shall be the ratio of

the weights of mixed municipal solid waste and refuse-derived fuel to mixed municipal solid

waste, refuse-derived fuel, and all other fuels delivered to the combustion chamber. The

calculation shall be made for each 24-hour period that the equipment is operated.

Subp. 3. Log. The owner or operator shall maintain an operating log where the date,

weight of mixed municipal solid waste and refuse-derived fuel, weight of each other fuel

combusted, and the result of the calculation made in subpart 2 is recorded daily.

Subp. 4. Reports. The owner or operator shall submit to the commissioner a quarterly

report containing the date, weight of mixed municipal solid waste and refuse-derived fuel, and

42
weight of each other fuel combusted during the quarter. The reports shall be submitted within

30 days following December 30, March 30, June 30, and September 30 of each year.

Statutory Authority: MS s 116.07

History: 18 SR 2584; 22 SR 1975

INDUSTRIAL PROCESS EQUIPMENT

7011.0700 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.0700 to 7011.0735, the following words shall

have the meanings defined herein.

Subp. 2. Collection efficiency. "Collection efficiency" means the percent of the total

amount of particulate matter entering the control equipment which is removed from the exhaust

stream by the control equipment and is calculated by the following equation:

100(A - B)

collection efficiency = __________

A

where:

A = the amount (grams or pounds) or the concentration (gr/SCF) of particulate matter

entering the collection equipment; and

B = the amount (grams or pounds) or the concentration (gr/SCF) of particulate matter

leaving the control equipment.

Subp. 3. Industrial process equipment. "Industrial process equipment" means any

equipment, apparatus, or device embracing chemical, industrial, or manufacturing facilities

such as ovens, mixing kettles, heating and reheating furnaces, kilns, stills, dryers, roasters,

and equipment used in connection therewith, and all other methods or forms of manufacturing

or processing that may emit any air contaminant such as smoke, odor, particulate matter, or

gaseous matter. Industrial process equipment is an affected facility. An emission facility may

consist of more than one unit of industrial process equipment.

Subp. 4. Process weight. "Process weight" means the total weight in a given time period

of all materials introduced into any industrial process equipment that may cause any emission

of particulate matter. Solid fuels charged are considered as part of the process weight, but

liquid and gaseous fuels and combustion air are not. For a cyclical or batch operation, the

process weight per hour is derived by dividing the total process weight by the number of hours

in one complete operation from the beginning of any given process to the completion thereof,

excluding any time during which the equipment is idle. For a continuous operation, the process

weight per hour is derived by dividing the process weight for a typical period of time.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

43
7011.0705 SCOPE.

Parts 7011.0700 to 7011.0735 shall apply to industrial process equipment for which a

standard of performance has not been promulgated in a specific rule.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0710 STANDARDS OF PERFORMANCE FOR PRE-1969 INDUSTRIAL

PROCESS EQUIPMENT.

Subpart 1. Prohibited discharge of gases. No owner or operator of any industrial

process equipment which was in operation before July 9, 1969, shall cause to be discharged

into the atmosphere from the industrial process equipment any gases which:

A. in any one hour contain particulate matter in excess of the amount permitted in

part 7011.0730 for the allocated process weight; provided that the owner or operator shall not

be required to reduce the particulate matter emission below the concentration permitted in part

7011.0735 for the appropriate source gas volume; provided further that regardless of the

mass emission permitted by part 7011.0730, the owner or operator shall not be permitted to

emit particulate matter in a concentration in excess of 0.30 grains per standard cubic foot of

exhaust gas; or

B. exhibit greater than 20 percent opacity, except for one six-minute period per hour

of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever

any one-hour period contains two or more six-minute periods during which the average opacity

exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods

during which the average opacity exceeds 60 percent.

Subp. 2. Compliance. The owner or operator of any industrial process equipment

which was in operation before July 9, 1969, which has control equipment with a collection

efficiency of not less than 99 percent by weight shall be considered in compliance with the

requirements of subpart 1, item A.

Subp. 3. Equipment located outside of Saint Paul, Minneapolis, and Duluth. The

owner or operator of any industrial process equipment which was in operation before July 9,

1969, which is located outside the Minneapolis-Saint Paul Air Quality Control Region and the

city of Duluth, which is located not less than one-fourth mile from any residence or public

roadway, and which has control equipment with a collection efficiency of not less than 85

percent by weight, and the operation of the entire emission facility does not cause a violation

of the ambient air quality standards, shall be considered in compliance with the requirements

of subpart 1, item A.

Statutory Authority: MS s 116.07

History: 18 SR 614; 23 SR 145

7011.0715 STANDARDS OF PERFORMANCE FOR POST-1969 INDUSTRIAL

PROCESS EQUIPMENT.

44
Subpart 1. Prohibited discharge of gases. No owner or operator of any industrial

process equipment which was not in operation before July 9, 1969, shall cause to be discharged

into the atmosphere from the industrial process equipment any gases which:

A. in any one hour contain particulate matter in excess of the amount permitted in

part 7011.0730 for the allocated process weight; provided that the owner or operator shall not

be required to reduce the particulate matter emission below the concentration permitted in part

7011.0735 for the appropriate source gas volume; provided that regardless of the mass emission

permitted by part 7011.0730, the owner or operator shall not be permitted to emit particulate

matter in a concentration in excess of 0.30 grains per standard cubic foot of exhaust gas; or

B. exhibit greater than 20 percent opacity.

Subp. 2. Compliance. The owner or operator of any industrial process equipment

which was not in operation before July 9, 1969, which has control equipment with a collection

efficiency of not less than 99.7 percent by weight shall be considered in compliance with the

requirements of subpart 1, item A.

Subp. 3. Equipment located outside of Saint Paul, Minneapolis, and Duluth. The

owner or operator of any industrial equipment which was in operation after July 9, 1969,

which is located outside the Minneapolis-Saint Paul Air Quality Control Region and the

city of Duluth, which is located not less than one-fourth mile from any residence or public

roadway, and which has control equipment with a collection efficiency of not less than 85

percent by weight, and the operation of the entire emission facility does not cause a violation

of the ambient air quality standards, shall be considered in compliance with the requirements

of subpart 1, item A.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0720 PERFORMANCE TEST METHODS.

Unless another method is approved by the agency, any owner or operator required to

submit performance tests for any industrial process equipment shall utilize the following test

methods:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

C. Method 3 for gas analysis;

D. Method 5 for the concentration of particulate matter and associated moisture

content; and

E. Method 9 for visual determination of the opacity of emissions from stationary

sources.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.0725 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

45
Subp. 2. Special procedures. In the event that emissions from any industrial process

equipment contain organic vapors which condense at standard conditions of temperature

and pressure, the following changes in Method 5 for determining particulate emissions shall

be made:

A. Paragraph 4.2, Sample Recovery in method 5 is amended to read as follows:

4.2 Sample Recovery. Exercise care in moving the collection train from the test site to the

sample recovery area so as to minimize the loss of collected sample or the gain of extraneous

particulate matter. Set aside a portion of the acetone and water used in the sample recovery as

a blank for analysis. Place the samples in containers as follows:

Container #1. Remove the filter from its holder, place in this container, and seal.

Container #2. Place loose particulate matter and water and acetone washings from all

sample-exposed surfaces preceding the filter paper in this container and seal. The probe and

nozzle should be scrubbed with a stiff brush and distilled water, followed by an acetone rinse.

If these solvents do not do a good cleaning job, an adequate solvent must be found and used.

Use a razor blade or rubber policeman to loosen adhering particles if necessary.

Container #3. Measure the volume of water from the first three impingers and place the

water in this container. Place water rinsings of all sample-exposed surfaces between the filter

and fourth impinger in this container prior to sealing.

Container #4. Transfer the silica gel from the fourth impinger to the original container and

seal. Use a rubber policeman as an aid in removing silica gel from the impinger.

Container #5. Thoroughly rinse all sample-exposed surfaces between the filter paper and

fourth impinger with acetone, place the washings in this container, and seal.

B. Paragraph 4.3, Analysis in Method 5 is amended to read as follows:

4.3 Analysis. Record the data required on the example sheet shown in figure 5-3. Handle

each sample container as follows:

Container #1. Transfer the filter and any loose particulate matter from the sample

container to a tared glass weighing dish, desiccate, and dry to a constant weight. Report

results to the nearest 0.5 milligram.

Container #2. Transfer the washings to a tared beaker and evaporate to dryness at ambient

temperature and pressure. Desiccate and dry to a constant weight. Weigh to the nearest 0.5

milligram.

Container #3. Extract organic particulate matter from the impinger solution with three

25 ml portions of chloroform. Complete the extraction with three 25 ml portions of ethyl

ether. Combine the ether and chloroform extracts, transfer to a tared beaker and evaporate

at 70 degrees Fahrenheit until no solvent remains. Desiccate, dry to a constant weight, and

report the results to the nearest 0.5 milligram.

Container #4. Weigh the spent silica gel and report to the nearest gram.

Container #5. Transfer the acetone washings to a tared beaker and evaporate to dryness

at ambient temperature and pressure. Desiccate, dry to a constant weight, and report the

results to the nearest 0.5 milligram.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412

46
7011.0730 TABLE 1.

Process Weight Rate

(pounds/hour)

Emission Rate

(pounds/hour)

100 0.55

500 1.53

1,000 2.25

5,000 6.34

10,000 9.73

20,000 14.99

60,000 29.60

80,000 31.19

120,000 33.28

160,000 34.85

200,000 36.11

400,000 40.35

1,000,000 46.72

Interpolation of the data in this part for the process weight rates up to 60,000 pounds/hour

shall be accomplished by the use of the equation:

E = 3.59P

0.62

<

P = 30 tons/hour

and interpolation and extrapolation of the data for process weight rates in excess of 60,000

pounds/hour shall be accomplished by use of the equation:

E = 17.31P

0.16

P > 30 tons/hour

where:

E = emissions in pounds per hour;

P = process weight rate in tons per hour.

Statutory Authority: MS s 116.07

History: 18 SR 614; 32 SR 904

7011.0735 TABLE 2.

47
Source Gas Volume,

DSCFMa

Concentration

GR/DSCF

b

7,000

or less 0.100

8,000 0.096

9,000 0.092

10,000 0.089

20,000 0.071

30,000 0.062

40,000 0.057

50,000 0.053

60,000 0.050

80,000 0.045

100,000 0.042

120,000 0.040

140,000 0.038

160,000 0.036

180,000 0.035

200,000 0.034

300,000 0.030

400,000 0.027

500,000 0.025

600,000 0.024

800,000 0.021

48
1,000,000

or more 0.020

a

Dry standard cubic feet per minute

b

Grains per dry standard cubic foot.

Statutory Authority: MS s 116.07 subd 4

History: 13 SR 2154; 18 SR 614

7011.0800 [Repealed, 23 SR 2224]

7011.0805 [Repealed, 23 SR 2224]

7011.0810 [Repealed, 18 SR 580]

7011.0815 [Repealed, 23 SR 2224]

7011.0820 [Repealed, 23 SR 2224]

7011.0825 [Repealed, 23 SR 2224]

CONCRETE MANUFACTURING PLANT STANDARDS OF PERFORMANCE

7011.0850 DEFINITIONS.

Subpart 1. Scope. The definition in this part applies to the terms used in parts 7011.0850

to 7011.0859. The definitions in parts 7005.0100, 7007.0100, and 7011.0060 apply to the terms

used in parts 7011.0850 to 7011.0859, unless the terms are otherwise defined in this part.

Subp. 2. [Repealed, 27 SR 1579]

Subp. 3. [Repealed, 27 SR 1579]

Subp. 4. [Repealed, 27 SR 1579]

Subp. 5. [Repealed, 27 SR 1579]

Subp. 6. Fabric filter. "Fabric filter" means a control device in which the incoming gas

stream passes through a porous filter forming a dust cake.

49
Statutory Authority: MS s 116.07

History: 23 SR 1241; 27 SR 1579

7011.0852 STANDARDS OF PERFORMANCE FOR CONCRETE

MANUFACTURING PLANTS.

No owner or operator of a concrete manufacturing plant shall cause to be discharged into

the atmosphere from the concrete manufacturing plant any emissions which:

A. contain particulate matter in excess of the limits allowed by parts 7011.0700 to

7011.0735; or

B. exhibit greater than 20 percent opacity.

Statutory Authority: MS s 116.07

History: 23 SR 1241

7011.0854 CONCRETE MANUFACTURING PLANT CONTROL EQUIPMENT

REQUIREMENTS.

Subpart 1. Operation of concrete manufacturing plant control equipment. Unless

otherwise allowed in a state or part 70 permit, emissions during cementitious material

receiving from cement silos and other cementitious material storage devices shall pass through

a fabric filter. For concrete manufacturing plants in operation on December 2, 1998, the owner

or operator must install control equipment no later than December 2, 1999. For concrete

manufacturing plants not in operation on December 2, 1998, the control equipment must be

installed prior to operation of any concrete manufacturing plant.

Subp. 2. Operation and maintenance of fabric filter control equipment. The owner

or operator of a concrete manufacturing plant shall perform the following on each piece of

control equipment required in subpart 1:

A. properly operate and maintain the control equipment to function as it was

designed. Proper operation and maintenance includes effective performance, adequate funding,

and adequate operator staffing and training;

B. thoroughly conduct an internal and external inspection of control equipment at

least annually, which often requires shutting down temporarily, and maintain a record of the

activities conducted in the inspection including the activities completed, the date the activity

was completed, and any corrective action taken; and

C. maintain a record of parts replaced, repaired, or modified.

Subp. 3. Monitoring of fabric filter control equipment. During cementitious material

receiving, the owner or operator of a concrete manufacturing plant, or a designee, shall observe

the outlet of each piece of control equipment required in subpart 1 for any visible emissions

once each day cementitious material is received, and record the date and time period during

which the observation was made and whether or not any visible emissions were observed. If

visible emissions are observed, the owner or operator, or a designee, shall take all practical

steps to modify operations to reduce the emissions and shall take corrective action to eliminate

visible emissions prior to the following business day. The commissioner may require feasible

and practical modifications in the operation to reduce emissions of air pollutants.

50
Subp. 4. Record retention. 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. The owner or

operator shall maintain records for the current calendar year of operation at the concrete

manufacturing plant. For all years prior to the current calendar year, the owner or operator

shall maintain records at either the concrete manufacturing plant or at an office of the owner or

operator of the concrete manufacturing plant.

Statutory Authority: MS s 116.07

History: 23 SR 1241

7011.0857 PREVENTING PARTICULATE MATTER FROM BECOMING

AIRBORNE.

No owner or operator of a concrete manufacturing plant shall cause or permit the handling,

use, transporting, or storage of any material in a manner which may allow avoidable amounts

of particulate matter to become airborne from a concrete manufacturing plant.

No owner or operator of a concrete manufacturing plant shall cause or permit a

building or its appurtenances, a road, a driveway, or an open area to be constructed, used,

repaired, or demolished without applying all such reasonable measures as may be required

to prevent particulate matter from becoming airborne. The owner or operator of a concrete

manufacturing plant shall take reasonable precautions to prevent the discharge of visible

fugitive dust emissions beyond the lot line of the property on which the emissions originate.

The commissioner may require such reasonable measures as may be necessary to prevent

particulate matter from becoming airborne including, but not limited to, application of water;

application of commercially available dust suppressants; paving; frequent cleaning and

sweeping of roads, driveways, and parking lots; use of curtains or socks for truck loading

operations; use of water sprays during truck loading operations; use of water or commercially

available dust suppressants on stockpiles or aggregate transfer points; and the planting and

maintenance of vegetative ground cover.

Statutory Authority: MS s 116.07

History: 23 SR 1241

7011.0859 SHUTDOWN AND BREAKDOWN PROCEDURES.

In the event of a shutdown or breakdown of process or control equipment that causes any

increase in emissions of any regulated air pollutant, the owner or operator of a stationary

source shall comply with the notification, operation changes, and all other requirements in

part 7019.1000.

Statutory Authority: MS s 116.07

History: 23 SR 1241

7011.0860 [Repealed, 27 SR 1579]

51
7011.0865 INCORPORATIONS BY REFERENCE.

A. For the purpose of part 7011.0870, the documents in items B and C are

incorporated by reference. These documents are not subject to frequent change.

B. California Environmental Protection Agency, Air Resources Board, Vapor

Recovery Certification Procedure CP-201, Certification Procedure for Vapor Recovery

Systems of Dispensing Facilities, February 1, 2001. This publication is available through the

Minitex interlibrary loan system.

C. United States Environmental Protection Agency, Office of Air Quality Planning

and Standards, Design Criteria for Stage I Vapor Control Systems - Gasoline Service Stations,

November 1975. This publication is available through the Minitex interlibrary loan system.

Statutory Authority: MS s 116.07

History: 27 SR 1579

7011.0870 STAGE-ONE VAPOR RECOVERY.

Subpart 1. Applicability. The owner or operator of a gasoline service station required to

install and operate a stage-one vapor recovery system shall comply with this part.

Subp. 2. System design. Stage-one vapor recovery systems must:

A. conform with the requirements of Design Criteria for Stage I Vapor Control

Systems - Gasoline Service Stations as incorporated by reference in part 7011.0865;

B. incorporate a submerged fill pipe in each storage tank; and

C. have a vent system that is equipped with a pressure vacuum valve that complies

with Vapor Recovery Certification Procedure CP-201, as incorporated by reference in part

7011.0865.

Subp. 3. System operation and maintenance.

A. The owner or operator of a gasoline service station with a vapor recovery system

shall not accept gasoline without the vapor recovery system properly connected.

B. The owner or operator of a gasoline service station with stage-one vapor recovery

shall:

(1) maintain and operate the vapor recovery system in accordance with

manufacturer's specifications;

(2) promptly repair any malfunction of the system;

(3) keep on the premises a copy of the manufacturer's operation and

maintenance instructions and make these instructions available to the commissioner or an

authorized representative of the commissioner on request; and

(4) maintain system monitoring or testing devices in proper working order.

Statutory Authority: MS s 116.07

History: 27 SR 1579

52
HOT MIX ASPHALT PLANTS

7011.0900 DEFINITIONS.

Subpart 1. Scope. The definitions in this part apply to the terms used in parts 7011.0900

to 7011.0920. The definitions in parts 7005.0100, 7007.0100, and 7011.0060 apply to the terms

used in parts 7011.0900 to 7011.0920, unless the terms are defined in this part.

Subp. 2. Asphalt plant control equipment. "Asphalt plant control equipment" means

the control equipment at a hot mix asphalt plant listed in part 7011.0917, subpart 7.

Subp. 3. Existing hot mix asphalt plant. "Existing hot mix asphalt plant" means a hot

mix asphalt plant that is not a new hot mix asphalt plant.

Subp. 4. Hot mix asphalt plant. "Hot mix asphalt plant" means a facility used to

manufacture hot mix asphalt paving materials by heating and drying aggregate and mixing with

asphalt cements. "Hot mix asphalt plant" includes dryers; systems for screening, handling,

storing, and weighing hot aggregate; systems for loading, transferring, and storing mineral

filler; systems for mixing hot mix asphalt; and the loading, transfer, and storage systems

associated with emission control systems.

Subp. 5. New hot mix asphalt plant. "New hot mix asphalt plant" means a hot mix

asphalt plant that commences construction, modification, or reconstruction, as defined in Code

of Federal Regulations, title 40, section 60.2, after June 11, 1973, and includes all hot mix

asphalt plants subject to the new source performance standards incorporated by reference in

part 7011.0909.

Statutory Authority: MS s 116.07

History: 18 SR 614; 20 SR 2253(NO. 42); 23 SR 2224

7011.0903 COMPLIANCE WITH AMBIENT AIR QUALITY STANDARDS.

Subpart 1. Fuel sulfur content limitation. Notwithstanding part 7011.0913, no owner or

operator of a hot mix asphalt plant shall use in the dryer burner any fuel with a sulfur content

greater than 0.70 percent, unless:

A. authorized by a part 70, state, or general permit; or

B. compliance with part 7009.0080 has been demonstrated under subpart 2 for each

dryer fuel with a sulfur content greater than 0.70 percent.

Subp. 2. Modeling of emissions from high sulfur content fuels. Prior to the use of

each dryer fuel with a sulfur content greater than 0.70 percent, the owner or operator of a

hot mix asphalt plant shall perform air dispersion modeling to determine whether burning

that fuel would comply with the ambient air quality standard for sulfur dioxides (maximum

one hour concentration not to be exceeded more than once per year) in part 7009.0080. The

owner or operator shall model sulfur dioxide emissions using the most recent version of EPA's

screen model described in SCREEN3 Model User's Guide, EPA-454/B-95-004, United States

Environmental Protection Agency, Office of Air Quality Planning and Standards, September

1995, which is incorporated by reference and is subject to frequent change. This publication

and copies of the SCREEN3 model are available from the Pollution Control Agency library

through the Minitex interlibrary loan system, through the National Technical Information

Service (NTIS), Springfield, VA, (703) 487-4650, or may be downloaded from the Support

53
Center for Regulatory Air Models (SCRAM) Bulletin Board System (BBS). The SCRAM

BBS may be accessed at (919) 541-5742.

Subp. 3. Records required.

A. For any fuel used in the dryer burner, except natural gas, methane, butane,

propane, gasoline, kerosene, diesel fuel, and No. 1 and No. 2 fuel oil, the owner or operator

of a hot mix asphalt plant shall keep for each fuel delivery a record of a vendor certification

or fuel analysis which shows the sulfur content of the fuel.

B. The owner or operator of a hot mix asphalt plant that has done modeling under

subpart 2 shall keep a record of the modeling results. The record shall include:

(1) the sulfur content of the fuel modeled;

(2) the site modeled;

(3) model output files; and

(4) supporting calculations.

The owner or operator shall maintain the records required by this subpart for a minimum

of five years from the date the record was made.

Subp. 4. Hot mix asphalt plants with registration permits. If the commissioner finds

that a hot mix asphalt plant that has applied for or been issued a registration permit needs

source-specific permit conditions to prevent violation of any ambient air quality standard, the

commissioner shall require the owner or operator of the hot mix asphalt plant to apply for and

obtain a part 70, state, or general permit. The owner or operator of a hot mix asphalt plant

shall submit the required permit application within 120 days of the commissioner's written

request under this subpart.

Subp. 5. Compliance with ambient air quality standards. Nothing in this part shall

be construed to allow violation of any national or state ambient air quality standards. If the

commissioner requests it, the owner or operator of a hot mix asphalt plant must demonstrate

compliance with the national or state ambient air quality standards.

Statutory Authority: MS s 116.07

History: 20 SR 2253(NO. 42)

7011.0905 STANDARDS OF PERFORMANCE FOR EXISTING HOT MIX ASPHALT

PLANTS.

No owner or operator of an existing hot mix asphalt plant shall cause to be discharged into

the atmosphere from the hot mix asphalt plant any gases which:

A. contain particulate matter in excess of the limits allowed by parts 7011.0700 to

7011.0735; or

B. exhibit greater than 20 percent opacity.

Statutory Authority: MS s 116.07

History: 18 SR 614; 20 SR 2253(NO. 42)

54
7011.0910 [Repealed, 18 SR 580]

7011.0911 MAINTENANCE OF DRYER BURNER.

Subpart 1. Annual tuning of dryer burner. The owner or operator of a hot mix asphalt

plant must tune the dryer burner for maximum combustion efficiency once each calendar year.

Subp. 2. Daily check of dryer burner. The owner or operator of a hot mix asphalt

plant must do the following while producing hot mix asphalt each day except when burning

natural gas or propane:

A. read the fuel pressure gauge on the dryer burner; and

B. check for a negative draft at the dryer burner inlet.

Subp. 3. Records kept on dryer burner. The owner or operator of a hot mix asphalt

plant must maintain a record of:

A. the dates of the annual tuning of the dryer burner;

B. the daily reading from the fuel pressure gauge on the dryer burner except when

burning natural gas or propane;

C. whether there was a negative draft at the dryer burner inlet each day except

when burning natural gas or propane; and

D. any corrective actions taken as a result of the daily checks required by subpart 2.

Statutory Authority: MS s 116.07

History: 20 SR 2253(NO. 42)

7011.0913 HOT MIX ASPHALT PLANT MATERIALS, FUELS, AND ADDITIVES

OPERATING REQUIREMENTS.

Subpart 1. Materials, fuels, and additives allowed. Except as provided in subpart 3,

the owner or operator of a hot mix asphalt plant is allowed to use only the materials, fuels,

and additives designated in subpart 2 unless specifically disallowed in a part 70, state, or

general permit.

Subp. 2. List of authorized materials, fuels, and additives.

A. The designated materials are clay, silt, sand, gravel, and crushed stone produced

from naturally occurring geologic formations, without additives; recycled asphalt pavement;

portland cement concrete; recycled sediments from asphalt plant scrubber operations; fines

from asphalt plant fabric filter operations; asphalt cement; and hydrated lime.

B. The designated fuels for combustion are natural gas, methane, butane, and

propane; gasoline, kerosene, diesel fuel, jet fuel, and fuel oils (No. 1, No. 2, No. 3, No. 4, No.

5, No. 6); on-specification used oil as defined in part 7045.0020, subpart 60a, provided that

55
total halogens shall not exceed 1,000 parts per million; and virgin oil that is discarded before

use and that otherwise meets the requirements of this item for on-specification used oil.

C. The designated additives are silicone, organic soaps, and other substances of a

similar nature added to the asphalt cement.

Subp. 3. Procedure for approval of additional materials, fuels, and additives. The

owner or operator may use materials, fuels, or additives not listed in subpart 2, if:

A. the use is specifically allowed by a part 70, state, or general permit; or

B. for hot mix asphalt plants with a registration permit, the commissioner has

provided written approval of the use prior to its incorporation into asphalt or use as a fuel.

Requests under item B must be received by the commissioner at least 60 days before

the materials, fuels, or additives are used. The requests must be on a form provided by

the commissioner. The owner or operator shall conduct performance testing under parts

7017.2001 to 7017.2060 to determine actual emission rates from the use of the material,

fuel, or additive. The actual emission rates shall be used to determine actual emissions under

part 7007.1130, subpart 3, for hot mix asphalt plants that hold option D registration permits.

The commissioner shall deny these requests if the commissioner determines that use of the

material would endanger human health or the environment or would subject the hot mix

asphalt plant to different applicable requirements or different requirements under chapter 7007.

The performance testing required by this subpart may be waived by the commissioner when

the nonlisted material is substantially similar in composition to a listed material, or when the

material has already been the subject of performance tests at a similar hot mix asphalt plant.

Subp. 4. Compliance. The owner or operator must comply with the conditions on the

use of the materials, fuels, and additives established in the part 70, state, or general permit if

the use is authorized under subpart 3, item A. The owner or operator must comply with the

conditions on the use of the materials, fuels, and additives set forth in the commissioner's

written approval if the use is authorized under subpart 3, item B.

Subp. 5. Records required. The owner or operator shall keep records of the materials,

fuels, and additives used and the amount used on a calendar year basis. The owner or operator

shall maintain the records required under this subpart for a minimum of five years from the

date the record was made.

Statutory Authority: MS s 116.07

History: 20 SR 2253(NO. 42); 28 SR 1482

7011.0915 [Repealed, 20 SR 2253(NO. 42)]

7011.0917 ASPHALT PLANT CONTROL EQUIPMENT REQUIREMENTS.

Subpart 1. Operation of asphalt plant control equipment. The owner or operator of

a hot mix asphalt plant shall operate in compliance with this part all asphalt plant control

equipment located at the stationary source whenever operating the emission units controlled

by the asphalt plant control equipment. Unless specifically allowed by a part 70, state, or

general permit, each piece of asphalt plant control equipment shall at all times be operated such

that the monitoring parameters listed in subpart 7 are in the range established by the control

56
equipment manufacturer's specifications, or within the operating parameters established by

the commissioner as the result of the most recent performance test conducted under parts

7017.2001 to 7017.2060, if those are more restrictive.

The owner or operator applying for a registration permit or capped permit may request an

alternative range to the control equipment manufacturer's specifications, if the proposed range

is based on two previous years of compliant monitoring data supplied with the request. For

hot mix asphalt plants applying for a registration permit in operation on April 22, 1996, this

request shall be made by the application deadline listed in part 7007.0350, subpart 1, item A.

The proposed operating range shall be deemed acceptable unless notified otherwise in writing

within 30 days of receipt by the commissioner. The commissioner shall deny a request for an

alternative monitoring parameter range if the commissioner finds that:

A. an owner or operator has failed to disclose fully all facts relevant to the proposed

monitoring parameter range of the asphalt plant control device or the owner or operator has

knowingly submitted false or misleading information to the agency;

B. operation of the control device in the monitoring parameter range proposed by the

owner or operator would endanger human health or the environment, or subject the hot mix

asphalt plant to different applicable requirements or requirements under chapter 7007; or

C. the proposed range is not supported by the data supplied with the request.

Subp. 2. Maintenance of asphalt plant control equipment. The owner or operator

of a hot mix asphalt plant shall maintain each piece of asphalt plant control equipment as

designed to ensure compliance with applicable requirements, comply with source-specific

maintenance requirements specified in a part 70, state, or general permit, and shall perform

the following on each piece of asphalt plant control equipment unless otherwise specified in a

part 70, state, or general permit:

A. thoroughly inspect all asphalt plant control equipment, including structural

components, annually;

B. inspect ducts, connections, and housings for leaks monthly;

C. check monitoring equipment daily to ensure it is operating in the range required

by subpart 1, for example: pressure gauges, temperature indicators, flow gauges, and recorders;

D. calibrate all monitoring equipment annually;

E. for fabric filter control devices: check exterior cleaning system equipment and its

operation daily; and check interior cleaning equipment and its operation, and the clean air side

of bags for evidence of leaks at least monthly; and

F. for control devices using water such as spray towers, scrubbers, and wet cyclone

separators: check sediment level in non-self-cleaning ponds daily so as not to exceed one-half

the pond depth, and check to ensure the pH of the water leaving the control device is between

five and ten weekly; and check accessible dampers, spray bars, nozzles, and demister monthly

for wear.

The owner or operator shall maintain a record of activities conducted in items A to F,

consisting of the activity completed, the date the activity was completed, and any corrective

action taken; and the owner or operator shall maintain the records required by this subpart for a

minimum of five years from the date the record was made.

Subp. 3. Installation of monitoring equipment. The owner or operator of a hot mix

asphalt plant shall install monitoring equipment to measure operating hours as specified in part

57
7011.0922, subpart 3, and the monitoring parameters for all asphalt plant control equipment

as specified by subpart 7. For hot mix asphalt plants not in operation on April 22, 1996,

the monitoring equipment must be installed prior to operation of any hot mix asphalt plant

equipment controlled by the control equipment. For hot mix asphalt plants in operation on

April 22, 1996, the owner or operator must install monitoring equipment no later than 30

days after April 22, 1996.

Subp. 4. Operation of monitoring equipment. The owner or operator of a hot mix

asphalt plant shall operate in compliance with this part the monitoring equipment for each

piece of asphalt plant control equipment at all times the asphalt plant control equipment is

required to operate.

Subp. 5. Shutdown and breakdown procedures. In the event of a shutdown or

breakdown of asphalt plant control equipment, the owner or operator of a hot mix asphalt plant

shall comply with part 7019.1000.

Subp. 6. Deviation of asphalt plant control equipment from operating specifications.

Unless otherwise specified in a part 70, state, or general permit, the owner or operator of

a stationary source shall report to the commissioner any recorded reading outside of the

specification or range of specifications allowed by subpart 1 from any monitored operating

parameter required by subpart 7, in accordance with the deadlines in part 7007.0800, subpart 6,

item A, subitem (2), except that owners and operators with a registration permit option D or

capped permit shall make this report only if a deviation occurred in the reporting period.

Subp. 7. Monitoring and record keeping for asphalt plant control equipment. Unless

otherwise specified in a part 70, state, or general permit, the owner or operator of a hot mix

asphalt plant shall comply with the monitoring and record keeping required by the table in this

subpart for asphalt plant control equipment. The owner or operator shall maintain the records

required by this subpart for a minimum of five years from the date the record was made.

EPA

ID

NO.

POLLUTION CONTROL

EQUIPMENT TYPE

MONITORING

PARAMETERS

RECORD KEEPING

REQUIREMENT

001,

002,

003

"Miscellaneous Wet Scrubber"

means a control device in which

the particulates in the incoming

gas stream are entrained by a

liquid and the control device

is not a spray tower, venturi

scrubber, impingement plate

scrubber, or a wet cyclone

separator.

Pressure drop, liquid

flow rate, and water

pressure

Record each parameter

every calendar day of

operation

58
016 "Fabric Filter" (Bag House)

means a control device in which

the incoming gas stream passes

through a porous fabric filter

forming a dust cake.

Pressure drop Record every calendar

day of operation

052 "Spray Tower" means a control

device in which the incoming

gas stream passes through a

chamber in which it contacts a

liquid spray.

Liquid flow rate,

pressure drop, and

water pressure

Record each parameter

every calendar day of

operation

053 "Venturi Scrubber" means

a control device in which

the incoming gas stream passes

through a venturi into which low

pressure liquid is introduced.

Pressure drop, liquid

flow rate, and water

pressure

Record each parameter

every calendar day of

operation

055 "Impingement Plate Scrubber"

means a control device in

which the incoming gas stream

passes a liquid spray and is then

directed at high velocity into a

plate.

Pressure drop, liquid

flow rate, and water

pressure

Record each parameter

every calendar day of

operation

085 "Wet Cyclone Separator" or

"Cyclonic Scrubbers" means

a cyclonic device that sprays

water into a cyclone.

Pressure drop, water

pressure, and water

flow rate

Record each parameter

every calendar day of

operation

019 "Afterburners" (thermal or

catalytic oxidation) means

a device used to reduce

VOC's to the products of

combustion through thermal

(high temperature) oxidation

or catalytic (use of a catalyst)

oxidation in a combustion

chamber.

Combustion

temperature or inlet

and outlet temperatures

Continuous hard copy

readout of temperatures

or manual readings

every 15 minutes of

operation

Statutory Authority: MS s 116.07

History: 20 SR 2253(NO. 42); 22 SR 1237; 29 SR 626

7011.0920 PERFORMANCE TESTS.

Subpart 1. Methods and procedures. Performance tests shall be conducted according to

the requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Performance test frequency for hot mix asphalt plants using fabric filters.

If an owner or operator of a hot mix asphalt plant uses a fabric filter, including, but not limited

to, EPA ID No. 016 listed in part 7011.0917, subpart 7, as the primary or secondary control

59
equipment to remove particulate matter, then the owner or operator shall conduct performance

testing for particulate matter and opacity as required by part 7017.2020, subpart 1.

Subp. 3. Performance test frequency for hot mix asphalt plants with control

equipment that uses liquid to remove pollutants. If an owner or operator operates a hot

mix asphalt plant that has only control equipment that uses liquid to remove pollutants or has

a secondary control device that uses liquid to remove pollutants, including, but not limited

to, EPA ID Nos. 052, 053, 055, and 085 listed in part 7011.0917, subpart 7, then the owner

or operator shall conduct performance testing for particulate matter and opacity as described

in items A to E.

A. If the hot mix asphalt plant produced no more than 35,000 tons in each of the

three previous calendar years and has a manufacturer's rated capacity of 100 tons per hour or

less at five percent moisture, then the owner or operator shall conduct performance testing as

required by part 7017.2020, subpart 1.

B. Except as provided in item A, if the hot mix asphalt plant produced no more than

100,000 tons in any of the three previous calendar years, then the owner or operator shall

conduct performance testing every three calendar years.

C. If the hot mix asphalt plant produced greater than 100,000 tons, but no more than

200,000 tons in any of the three previous calendar years, then the owner or operator shall

conduct performance testing every two calendar years.

D. If the hot mix asphalt plant produced more than 200,000 tons in the previous

calendar year, then the owner or operator shall conduct performance testing within 60 days

of start-up in the following calendar year.

E. The owner or operator of a hot mix asphalt plant shall conduct additional

performance testing as required by part 7017.2020, subpart 1.

Subp. 4. Performance test required for all hot mix asphalt plants. If the owner or

operator of a hot mix asphalt plant has not conducted a performance test for particulate matter

and opacity approved by the commissioner under parts 7017.2001 to 7017.2060 since January

1, 1991, the owner or operator must conduct such a performance test:

A. in 1996, for hot mix asphalt plants that are operated in the state in 1996; or

B. within 60 days after the hot mix asphalt plant begins operation in the state.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412; 20 SR 2253(NO. 42)

7011.0922 OPERATIONAL REQUIREMENTS AND LIMITATIONS FROM

PERFORMANCE TESTS.

Subpart 1. Throughput limit. The owner or operator of a hot mix asphalt plant shall not

exceed the production throughput at which compliance with part 7011.0905 or 7011.0909 was

demonstrated during the plant's most recent performance test, unless authorized by subpart 2.

Subp. 2. Certain exceptions to throughput limit. Except as provided in items A and B,

if a hot mix asphalt plant demonstrated compliance for particulate matter and opacity during its

most recent performance test and its tested emission rate (gr/dscf or lb/hr) was less than 80

60
percent of the applicable rule or permit emission limit, then the owner or operator may increase

production throughput ten percent over that allowed under subpart 1.

A. If a hot mix asphalt plant with a fabric filter control device has conducted a

performance test since January 1, 1991, has demonstrated compliance for particulate matter

and opacity, and its tested emission rate (gr/dscf or lb/hr) was less than 50 percent but greater

than or equal to 25 percent of the applicable rule or permit emission limit, then the owner or

operator may increase production throughput 15 percent over that allowed under subpart 1.

B. If a hot mix asphalt plant with a fabric filter control device has conducted a

performance test since January 1, 1991, has demonstrated compliance for particulate matter

and opacity, and its tested emission rate (gr/dscf or lb/hr) was less than 25 percent of the

applicable rule or permit emission limit, then the owner or operator may increase production

throughput 20 percent over that allowed by subpart 1.

Subp. 3. Monitoring and record keeping required. To determine compliance with

subpart 1, the owner or operator of a hot mix asphalt plant must:

A. operate an accumulating hour meter on the dryer burner at all times the dryer

burner is in operation;

B. record each day the plant's hours of operation as determined by the hour meter

and total tons of hot mix asphalt produced; and

C. determine the production throughput by dividing the total tons of hot mix asphalt

produced by the hours of operation for each calendar day of operation.

Statutory Authority: MS s 116.07

History: 20 SR 2253(NO. 42)

7011.0925 [Renumbered 7011.0909]

BULK AGRICULTURAL COMMODITY FACILITIES

7011.1000 DEFINITIONS.

Subpart 1. Scope. For the purposes of parts 7011.1000 to 7011.1015, the following

terms have the meanings given them.

Subp. 2. Capture system. "Capture system" means equipment such as hoods, ducts,

fans, and dampers used to capture particulate matter.

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Subp. 3. Column dryer. "Column dryer" means equipment used to reduce the moisture

content of grain in which the grain flows from the top to the bottom in one or more continuous

packed columns between two perforated metal sheets.

Subp. 4. Dry bulk agricultural commodity, commodity. "Dry bulk agricultural

commodity" or "commodity" includes grain, grain by-products, seed, beet pulp or pellets,

and alfalfa meal or pellets.

Subp. 5. Dry bulk agricultural commodity facility. "Dry bulk agricultural commodity

facility" means a facility where bulk commodities are unloaded, handled, cleaned, dried,

stored, ground, or loaded. "Dry bulk agricultural commodity facility" does not include a

facility located on a family farm or family farm corporation, as defined in Minnesota Statutes,

section 116B.02, which handles commodities from the farm or used on the farm.

Subp. 6. Grain. "Grain" means corn, wheat, sorghum, rice, rye, oats, barley, flax,

soybeans, and sunflower seeds.

Subp. 7. Grain storage elevator. "Grain storage elevator" means a grain elevator located

at a wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill, or soybean

oil extraction plant that has a permanent grain storage capacity of more than 35,200 cubic

meters, which is approximately 1,000,000 bushels.

Subp. 8. Grain terminal elevator. "Grain terminal elevator" means a grain elevator that

has a permanent storage capacity of more than 88,100 cubic meters, which is approximately

2,500,000 bushels, except a grain elevator located at animal food manufacturers, pet food

manufacturers, cereal manufacturers, breweries, and livestock feedlots.

Subp. 9. Handling operation. "Handling operation" includes the use of bucket

elevators, scale hoppers, conveyors, trippers, and spouts for the distribution and weighing of

commodities within a commodity facility.

Subp. 10. Loading station. "Loading station" means the part of a commodity facility

where the commodities are transferred from the facility to a truck, railcar, barge, or ship.

Subp. 11. Normal loading procedure. "Normal loading procedure" means that part of a

barge or ship loading operation where the spout and associated dust suppression systems are

capable of distributing the commodity in the hold as needed without making modifications to

the loading procedure, such as removing the dust suppressor, raising the spout, slowing the

loading rate below the design capability of the spout, or attaching equipment at the end of

the spout.

Subp. 12. Rack dryer. "Rack dryer" means equipment used to reduce the moisture

content of grain in which the grain flows from the top to the bottom in a cascading flow around

rows of baffles (racks).

Subp. 13. Reasonably available control technology (RACT). "Reasonably available

control technology (RACT)" means the lowest emission limit that a particular source is capable

of meeting by the application of control technology that is reasonably available considering

technological and economic feasibility.

62
Subp. 14. Throughput. "Throughput" means the number of tons of commodities

received, plus the number of tons of commodities shipped, divided by two, determined on the

basis of an average year. An average year is determined by averaging the actual receipts and

shipments for the last three consecutive fiscal years. For facilities less than three years old,

actual and anticipated receipts and shipments must be used.

Subp. 15. Topping-off. "Topping-off" means the placing of grain in the final three feet

of void in a barge, nine feet in a ship, between the fore and aft center line of the hatch and

the outboard side of the vessel. The depth is determined by vertical measurement along the

outboard side of the vessel from the top of the hatch opening.

Subp. 16. Trimming. "Trimming" means the part of ship loading that requires the use of

spoons, slingers, and other equipment attached to the loading spout to ensure that a ship is

loaded to capacity.

Subp. 17. Unloading station. "Unloading station" means the part of a commodity facility

where the commodities are transferred from a truck, railcar, barge, or ship to a receiving hopper.

Statutory Authority: MS s 116.07 subd 1

History: 8 SR 1675; 18 SR 614

7011.1005 STANDARDS OF PERFORMANCE FOR DRY BULK AGRICULTURAL

COMMODITY FACILITIES.

Subpart 1. Owner or operator duties. The owner or operator of a commodity facility

shall:

A. clean up commodities spilled on the driveway and other facility property as

required to minimize fugitive emissions to a level consistent with RACT; and

B. maintain air pollution control equipment in proper operating condition and utilize

the air pollution control systems as designed.

Subp. 2. Federal requirements. The owner, operator, or other person who conducts

activities at a grain terminal elevator or grain storage elevator, of which construction,

modification, or reconstruction commenced, as defined in Code of Federal Regulations,

title 40, section 60.2, after August 3, 1978, shall meet the requirements of Code of Federal

Regulations, title 40, part 60, subpart DD, as amended, entitled "Standards of Performance for

Grain Elevators," which is adopted and incorporated by reference, except that decisions made

by the administrator under Code of Federal Regulations, title 40, section 60.302(d)(3), are not

delegated to the commissioner and must be made by the administrator.

Subp. 3. Prohibited discharges. A commodity facility that is not required to be

controlled under subpart 2 must be controlled if the facility meets one of the descriptions listed

in part 7011.1015 where the table indicates "control required." For a facility where control is

required under part 7011.1015, no owner, operator, or other person who conducts activities

at the facility may allow:

A. a discharge of fugitive emissions that exhibit greater than five percent opacity

from a truck unloading station, railcar unloading station, railcar loading station, or handling

operation;

B. a discharge of fugitive emissions that exhibit greater than ten percent opacity

from a truck loading station;

63
C. a discharge of fugitive emissions that exhibit greater than 20 percent opacity from

a ship or barge loading or unloading station, except that during trimming or topping-off, when

normal loading procedures cannot be used, no opacity standard applies;

D. a discharge of particulate matter from control equipment that exhibits greater

than ten percent opacity; and

E. a discharge of particulate matter from control equipment that has a collection

efficiency of less than 80 percent by weight.

Subp. 4. Capture systems and control equipment. The owner or operator of a

commodity facility not required to control emissions under subpart 2 or 3 is not required to

install capture systems and control equipment but shall unload, handle, clean, dry, and load

commodities to minimize fugitive emissions to a level consistent with RACT. If a capture

system is used, the particulate matter must be conveyed through control equipment that has a

collection efficiency of not less than 80 percent by weight.

Subp. 5. Grain dryer specifications. A grain dryer must meet the following design

specifications:

A. the perforations of a column dryer screen must not exceed 3/32 inches in

diameter; and

B. the emissions from a rack dryer must pass through a 50-mesh screen enclosure

before discharge to the atmosphere.

Statutory Authority: MS s 116.07

History: 8 SR 1675; 18 SR 580; 18 SR 614; 23 SR 2224; 32 SR 904

7011.1010 NUISANCE.

Notwithstanding any provisions in parts 7011.1000 to 7011.1015, no owner or operator of

a dry bulk agricultural commodity facility may operate or maintain a facility that creates a

public nuisance. If the commissioner determines that operation or maintenance of a commodity

facility creates a public nuisance, the commissioner may require the owner or operator to take

measures necessary to eliminate the nuisance.

Statutory Authority: MS s 116.07 subd 1

History: 8 SR 1675; L 1987 c 186 s 15; 18 SR 614

7011.1015 CONTROL REQUIREMENTS SCHEDULE.

Date Construction, Modification or

Reconstruction Commenced

Facility Description

Prior to 1/1/84 After 1/1/84

64
Facility located in Minneapolis-Saint Paul

Air Quality Control Region or located in

a city with a population of 7,500 or more

or with annual commodity throughput of

more than 180,000 tons

Control required Control required

Facility with annual commodity throughput

of 120,000 to 180,000 tons and located in

a city with a population of less than 7,500

No control required Control required

Facility with annual commodity throughput

and location other than those described

above

No control required No control required

Statutory Authority: MS s 116.07 subd 1

History: 8 SR 1675; 18 SR 614

COAL HANDLING FACILITIES

7011.1100 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.1100 to 7011.1140, the following words shall

have the meanings defined herein.

Subp. 2. Coal. "Coal" means any solid fossil fuel described as anthracite, bituminous,

subbituminous, lignite, or coke (as derived from coal).

Subp. 3. Coal handling. "Coal handling" means operations including, but not limited

to, operations such as dumping, loading, unloading, storing, reclaiming, transferring, and

conveying.

Subp. 4. Coal handling facility. "Coal handling facility" means a facility where coal

is handled such as coal transshipment terminals, electric generating plants, boiler plants,

or steam plants.

Subp. 5. Coal throughput. "Coal throughput" means the number of tons of coal received

plus the number of tons of coal shipped by an owner or operator of a coal transshipment

facility in any one calendar year. In the case of facilities where coal is consumed at the same

facility where received, such as electric generating plants, boiler plants, or steam plants, coal

throughput means the number of tons of coal received at the facility.

Subp. 6. Dust suppression methods. "Dust suppression methods" mean dust control

equipment or measures including, but not limited to, hoppers, hoods, screens, enclosures,

wetting or chemical agents, foam agents, surfactants, precleaning treatment, utilizing induced

draft and air pollution control equipment, watering, and other equivalent methods approved

by the commissioner.

Subp. 7. Hauler. "Hauler" means any vehicle engaged in reclaiming, moving, or

dumping coal within a coal handling facility.

Subp. 8. Minimize. "Minimize" means, with respect to the control of fugitive emissions,

to reduce such emissions to a level consistent with RACT.

65
Subp. 9. Pneumatic coal-cleaning equipment. "Pneumatic coal-cleaning equipment"

means any equipment which classifies coal by size or separates coal from refuse by application

of air stream(s).

Subp. 10. Reasonably available control technology (RACT). "Reasonably available

control technology (RACT)" is the lowest emission limit that a particular source is capable

of meeting by the application of control technology that is reasonably available considering

technological and economic feasibility.

Subp. 11. Thermal dryer. "Thermal dryer" means any device in which the moisture

content of coal is reduced by contact with a heated gas stream which is exhausted to the

atmosphere.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1105 STANDARDS OF PERFORMANCE FOR CERTAIN COAL HANDLING

FACILITIES.

The owner or operator of any new coal handling facility, or an existing coal handling

facility located within the Minneapolis-Saint Paul Air Quality Control Region or within the

boundaries of the city of Duluth, shall perform the following abatement measures unless

otherwise exempt by portions of these parts:

A. Access areas, roads, parking facilities.

(1) Install asphalt or concrete surfaces or chemical agents on all active truck

haul roads of the coal handling facility when the coal throughput by truck is 200,000 tons or

greater. All paved roads and areas shall be cleaned to minimize the discharge to the atmosphere

of fugitive particulate emissions. Such cleaning shall be accomplished in a manner which

minimizes resuspension of particulate matter. Access areas surrounding coal stockpiles and

parking facilities which are located within a coal handling facility shall be treated with water,

oils, or chemical agents.

(2) No person shall cause or permit the use of access areas surrounding coal

stockpiles and use of all active truck haul roads and parking facilities which are located within

a coal handling facility whose coal throughput by truck is less than 200,000 tons unless such

areas and roads are treated with water, oils, or chemical agents.

B. Coal loading stations. Control fugitive particulate emissions from the loading

of trucks, haulers, and railcars by dust suppression methods so that emissions from such

sources are minimized.

C. Truck and hauler unloading stations. Control fugitive particulate emissions

from the unloading of trucks or haulers by dust suppression methods so that emissions from

such sources are minimized.

D. Barge or vessel loading stations.

When the amount of coal loaded into barges or vessels at a given facility is 200,000

tons per year or greater, conveyor systems shall utilize loadout spouts with remote control

capability for movement sideways, up and down, and telescoping so as to decrease as much as

practical the vertical free fall of coal at all times during the loadout operation. Choke feeding

66
devices, flood loading, or other equivalent equipment or methods may be installed as alternates

on conveyor systems to control fugitive emissions. Crane and shovels shall be operated so

as to minimize the vertical free fall of coal.

When the amount of coal loaded into barges or vessels at a given facility is less than

200,000 tons per year, control fugitive particulate emissions by dust suppression methods so

that emissions from such sources are minimized.

E. Barge or vessel unloading station. Cranes, shovels, and conveyors shall be

operated in a manner which decreases as much as practical the vertical free fall of coal.

Control fugitive particulate emissions during unloading so that fugitive particulate emissions

are minimized.

F. Stockpiles, stockpile construction, and reclaiming.

(1) Control fugitive particulate emissions by dust suppression methods on

such operations so that fugitive particulate emissions are minimized.

(2) In the alternative, use an underground bottom feed (plow) of coal to an

underground conveyor system provided the exhaust gases from the enclosed spaces do not

contain particulate matter in excess of 0.020 grains per dry standard cubic foot (gr/dscf).

G. Enclosed coal handling facilities or emissions units not specifically covered

by any other provision in these parts. If exhaust gases from any enclosed coal handling

facility exceed 20 percent opacity, then the owner or operator of such facility shall select and

implement one of the following further controls:

(1) install exhaust air system and control exhaust gases so that particulate

emissions in such gases do not exceed 0.020 gr/dscf;

(2) control exhaust gases using dust suppression methods so that particulate

emissions do not exhibit greater than 20 percent opacity.

H. Railcar unloading. When the amount of coal unloaded by rail is 200,000 tons per

year or greater, unload railcars only within a permanent building or structure. If exhaust gases

from such building or structure exceed 20 percent opacity, then the owner or operator of such

facility shall select and implement one of the following further controls: install an exhaust air

system and control exhaust gases so that particulate emissions in such gases do not exceed

0.020 gr/dscf; or control exhaust gases using dust suppression methods so that particulate

emissions do not exhibit greater than 20 percent opacity.

When the amount of coal unloaded by rail is less than 200,000 tons per year control

fugitive particulate emissions during unloading so that fugitive particulate emissions are

minimized.

I. Operating practices. Clean up all coal spilled on roads or access areas as soon as

practicable using methods that minimize the amount of dust suspended.

Maintain air pollution control equipment in proper operating condition and utilize air

pollution control systems as designed.

Statutory Authority: MS s 116.07

History: 13 SR 2154; 18 SR 614; 22 SR 1237

67
7011.1110 STANDARDS OF PERFORMANCE FOR EXISTING OUTSTATE COAL

HANDLING FACILITIES.

The owner or operator of an existing coal handling facility which is located outside the

Minneapolis-Saint Paul Air Quality Control Region and outside the boundaries of the city of

Duluth shall comply with part 7011.0150 for the control of fugitive particulate emissions. For

the purposes of this part, "existing coal handling facility" means a coal handling facility on

which construction, modification, or reconstruction did not commence after November 17,

1980.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237

7011.1115 STANDARDS OF PERFORMANCE FOR PNEUMATIC COAL-CLEANING

EQUIPMENT AND THERMAL DRYERS AT ANY COAL HANDLING FACILITY.

Subpart 1. Pneumatic coal-cleaning equipment. The owner or operator of a coal

handling facility shall not cause to be discharged into the atmosphere from any pneumatic

coal-cleaning equipment any gases which:

A. contain particulate matter in excess of 0.040 g/dscm (0.018 gr/dscf); or

B. exhibit ten percent opacity or greater.

Subp. 2. Thermal dryers. The owner or operator of a coal handling facility shall not

cause to be discharged into the atmosphere from any thermal dryer any gases which:

A. contain particulate matter in excess of 0.070 g/dscm (0.031 gr/dscf); or

B. exhibit 20 percent opacity or greater.

Subp. 3. Installation. The owner or operator shall install pneumatic coal-cleaning

equipment and thermal dryers in a manner that performance tests for particulate matter can

be run in accordance with applicable procedures and methods set forth in parts 7011.1130

to 7011.1135.

Subp. 4. Monitoring. The owner or operator of any coal handling facility that contains a

thermal dryer shall install, calibrate, maintain, and continuously operate monitoring devices

as follows:

A. A monitoring device for the measurement of the temperature of the gas stream at

the exit of the thermal dryer on a continuous basis. The monitoring device shall be certified by

the manufacturer to be accurate within three degrees Fahrenheit.

B. In the event venturi scrubber emission control equipment is utilized:

(1) A monitoring device for the continuous measurement of the pressure loss

through the venturi constriction of the control equipment. The monitoring device shall be

certified by the manufacturer to be accurate within one inch water gauge.

(2) A monitoring device for the continuous measurement of the water

supply pressure to the control equipment. The monitoring device shall be certified by the

manufacturer to be accurate within five percent of design water supply pressure. The pressure

sensor or tap shall be located close to the water discharge point.

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C. The owner or operator of a coal handling facility who is required to maintain

monitoring devices shall recalibrate each device annually in accordance with the manufacturer's

written requirements for checking the operation and calibration of the device.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1120 EXEMPTION.

During freezing temperatures, owners or operators shall not be required to apply water

or dust suppressants.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1125 CESSATION OF OPERATIONS.

The owner or operator of a coal handling facility shall not conduct any nonessential coal

handling operations that are not shielded from the wind or enclosed in a building when steady

wind speeds exceed 30 miles per hour as determined at the nearest official station of the United

States Weather Bureau or by wind speed instruments on or adjacent to the site.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1130 PERFORMANCE TEST METHOD.

Unless another equivalent method is approved by the commissioner, any person required

to conduct performance tests for coal handling facilities shall utilize the following test

methods, as referenced in Code of Federal Regulations, title 40, part 60, appendix A as

in force on November 17, 1980:

A. Method 1 for sample and velocity traverses;

B. Method 5 for the concentration of particulate material and moisture content;

C. Method 9 for the visual determination of the opacity of emission from stationary

sources.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1135 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Special procedures. For Method 5, the sampling time for each run shall be

at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf) except

that smaller sampling times or volumes, when necessitated by process variables or other

factors, shall be approved by the commissioner. The probe and filter holder heating systems

in the sampling train shall be set to provide a gas temperature between 100 degrees Celsius

and 120 degrees Celsius (212 degrees Fahrenheit and 250 degrees Fahrenheit). Sampling

shall not be started until at least 30 minutes after start up and shall be terminated before

69
shutdown procedures commence. The owner or operator shall eliminate cyclonic flow during

performance tests.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 18 SR 1412

7011.1140 DUST SUPPRESSANT AGENTS.

Nothing in these parts shall authorize the use of surface hardening agents, wetting

or chemical agents, foam agents, and oils that may cause ground water or surface water

contamination in violation of any applicable water pollution law.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

WASTE COMBUSTORS

7011.1201 DEFINITIONS.

Subpart 1. Scope. As used in parts 7007.0200, 7007.0250, 7007.0501, 7007.0801, and

7011.1201 to 7011.1290, the following words have the meanings defined in this part.

Subp. 1a. Statutes and other rules. The definitions in Minnesota Statutes, section

116.06, and in part 7001.0010 and chapters 7005, 7007, 7009, 7011, 7017, and 7019 apply to

terms in parts 7011.1201 to 7011.1290, unless the terms are specifically otherwise defined in

this part.

Subp. 2. [Repealed, 18 SR 2584]

Subp. 3. [Repealed, 18 SR 2584]

Subp. 4. [Repealed, 18 SR 2584]

Subp. 5. Accurate and valid data. "Accurate and valid data" means data which provides

the measurement of emissions of an air contaminant from the waste combustor or operating

parameters of a component of the waste combustor. For continuously monitored emissions,

data shall be considered accurate and valid immediately upon recording. For emissions for

which a performance test is conducted, data shall be considered accurate and valid 14 days

after the waste combustor owner or operator receives the performance test report, unless the

70
waste combustor owner or operator notifies the commissioner within the same 14 days that

the owner or operator can show reason for rejecting the data.

Subp. 6. Air contaminant. "Air contaminant" has the meaning given in Minnesota

Statutes, section 116.06, subdivision 2.

Subp. 7. [Repealed, 22 SR 1975]

Subp. 8. Chief facility operator. "Chief facility operator" means the person in direct

charge and control of the operation of a waste combustor who is responsible for daily on-site

supervision, technical direction, management, and overall performance of the facility.

Subp. 9. Class A waste combustor. "Class A waste combustor" means that the design

capacity for a waste combustor unit is 93.75 x 10

6

Btu/hr or more, the waste combustor

units combust primarily mixed municipal solid waste or RDF, and construction of the waste

combustor was commenced on or before September 20, 1994.

Subp. 10. [Repealed, 22 SR 1975]

Subp. 11. Class C waste combustor. "Class C waste combustor" means that the total of

the design capacities for all waste combustor units at a stationary source is 15 x 10

6

Btu/hr or

more and less than 93.75 x 10

6

Btu/hr, the waste combustor units combust primarily mixed

municipal solid waste or RDF, and construction of the waste combustor was commenced

on or before September 20, 1994.

Subp. 12. Class D waste combustor. "Class D waste combustor" means that the design

capacity of a waste combustor unit is 3.0 x 10

6

Btu/hr or more, combusts waste other than

mixed municipal solid waste or RDF, and was operating on or before December 20, 1989.

Subp. 13. Class I waste combustor. "Class I waste combustor" means that the design

capacity for a waste combustor unit is 93.75 x 10

6

Btu/hr or more, and that construction of the

unit is commenced after September 20, 1994, or modification or reconstruction is commenced

after June 19, 1996.

Subp. 14. Class II waste combustor. "Class II waste combustor" means that the design

capacity for a waste combustor unit is 15 x 10

6

Btu/hr or more and less than 93.75 x 10

6

Btu/hr,

and that construction of the unit is commenced after September 20, 1994, or modification or

reconstruction is commenced after June 19, 1996.

Subp. 15. Class III waste combustor. "Class III waste combustor" means that the design

capacity for a waste combustor unit is 3.0 x 10

6

Btu/hr or more and less than 15 x 10

6

Btu/hr,

and the waste combustor is issued a permit for construction after December 20, 1989.

Subp. 16. Class IV waste combustor. "Class IV waste combustor" means that the

design capacity for a waste combustor unit is less than 3.0 x 10

6

Btu/hr.

Subp. 17. Cofired unit. "Cofired unit" means an emissions unit which combusts mixed

municipal solid waste or RDF with a fuel that is not mixed municipal solid waste or RDF and

30 percent or less by weight of the total fuel input is comprised in aggregate of mixed municipal

solid waste or RDF as measured on a 24-hour basis. The fuel feed stream composition

calculation shall be the ratio of the weights of mixed municipal solid waste and RDF to mixed

municipal solid waste, RDF, and all other fuels delivered to the combustion chamber.

71
Subp. 18. Crematorium. "Crematorium" means a furnace used to reduce the dead

human body to ashes and inorganic bone fragments.

Subp. 19. Design capacity. "Design capacity" means the hourly throughput of the

waste combustor unit based on heat input from solid waste of the combustion system stated

by the manufacturer or designer, based on accepted design and engineering practices. For a

noncontinuous feed system, design capacity means the total heat input from solid waste per

cycle.

Subp. 20. Dumpstack. "Dumpstack" means a stack, chimney, vent, or other functionally

equivalent opening by which uncontrolled emissions are vented into the ambient air.

Subp. 21. Energy recovery facility. "Energy recovery facility" means an emissions unit

or emission facility used to capture the heat value of solid waste for conversion to steam,

electricity, or immediate heat value by direct combustion or by burning an intermediate fuel

product derived from solid waste. For the purposes of parts 7011.1201 to 7011.1290, this

definition does not include landfill facilities that recover methane gases, or facilities processing

solid waste to convert the solid waste to an intermediate fuel product.

Subp. 22. Fluidized bed combustor. "Fluidized bed combustor" means a classification

of combustion systems in which the bed material is maintained in a fluidized state in the

primary zone of combustion. Combustion systems included in this classification include

bubbling fluidized bed and circulating fluidized bed combustors.

Subp. 23. Four-hour block average. "Four-hour block average" means the average of

all hourly emission rates when the emissions unit is operating and combusting solid waste

measured over six discrete four-hour periods beginning at midnight.

Subp. 24. Hazardous waste. "Hazardous waste" has the meaning given in Minnesota

Statutes, section 115B.02, subdivision 9.

Subp. 25. Household batteries. "Household batteries" has the meaning given in

Minnesota Statutes, section 115A.961.

Subp. 26. Household hazardous waste. "Household hazardous waste" has the meaning

given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b).

Subp. 27. Incinerator. "Incinerator" means any emissions unit, emission facility,

furnace, or other device used for the primary purpose of reducing the volume of solid waste

by removing combustible matter.

Subp. 28. Industrial solid waste. "Industrial solid waste" has the meaning given in

part 7035.0300, subpart 45.

Subp. 29. Infectious waste. "Infectious waste" has the meaning given in Minnesota

Statutes, section 116.76, subdivision 12.

Subp. 30. Initial start-up. "Initial start-up" means the date on which solid waste is first

fired in a new, modified, retrofitted, or reconstructed emissions unit.

Subp. 31. Mass burn. "Mass burn" means a classification of field-erected combustion

systems in which solid waste is combusted that has not been subjected to shredding or size

72
classification. Combustion systems included in this classification are mass burn waterwall,

mass burn refractory, and mass burn rotary waterwall combustors.

Subp. 32. Maximum demonstrated capacity. For waste combustors with heat recovery,

"maximum demonstrated capacity" means the maximum four-hour integrated average load

for each waste combustor unit achieved during four consecutive hours during the most recent

test during which compliance with the PCDD/PCDF limit in part 7011.1225 is achieved, as

measured by steam flow or alternative method as approved by the commissioner. For waste

combustors without heat recovery, "maximum demonstrated capacity" means the maximum

four-hour arithmetic average input rate for each waste combustor unit achieved during the

most recent test during which compliance with the PCDD/PCDF limit was achieved. If

PCDD/PCDF testing is not required to be conducted, the maximum demonstrated capacity is

the capacity achieved during the conduct of the most recent test for which compliance with

particulate matter standards and carbon monoxide in part 7011.1225 is demonstrated.

Subp. 33. Metals recovery incinerator. "Metals recovery incinerator" means a

furnace or incinerator used primarily to recover precious and nonprecious metals by burning

the combustible fraction from waste. An aluminum sweat furnace is not a metals recovery

incinerator.

Subp. 34. Mixed municipal solid waste. "Mixed municipal solid waste" has the

meaning given in Minnesota Statutes, section 115A.03, subdivision 21.

Subp. 34a. Modification or modified municipal waste combustor unit. "Modification"

or "modified municipal waste combustor unit" means a municipal waste combustor unit to

which changes have been made after June 19, 1996, if the cumulative cost of the changes, over

the life of the unit, exceed 50 percent of the original cost of construction and installation of

the unit (not including the cost of any land purchased in connection with such construction or

installation) updated to current costs; or any physical change in the municipal waste combustor

unit or change in the method of operation of the municipal waste combustor which increases

the amount of any air pollutant emitted by the unit for which standards have been established

under section 129 or section 111 of the Clean Air Act. Increases in the amount of any air

pollutant emitted by the municipal waste combustor unit are determined at 100 percent physical

load capability and downstream of all air pollution control devices, with no consideration

given for load restrictions based on permits or other nonphysical operational restrictions.

Subp. 35. Modular waste combustor. "Modular waste combustor" means a

classification of combustion systems that are not field-erected, and have more than one

combustion chamber. Combustion systems included in this classification are modular starved

air and modular excess air combustors.

Subp. 36. Normal start-up. "Normal start-up" means the period of time between the

initial start-up of a new, modified, retrofitted, or reconstructed emissions unit of a waste

combustor, or emissions unit of a waste combustor that is modified, retrofitted, or reconstructed

to meet the requirements of parts 7011.1201 to 7011.1290, and the lesser of 60 days after

achieving the maximum production rate at which the emissions unit will operate or 180 days

after initial start-up.

If no modification, retrofit, or reconstruction of a Class D or IV waste combustor is

necessary to meet the requirements of parts 7011.1201 to 7011.1290, then normal start-up

73
means the period of time between June 20, 1994, and the applicable date in part 7011.1215,

subpart 6.

If no modification, retrofit, or reconstruction of a Class A or C waste combustor is

necessary to meet the requirements of parts 7011.1201 to 7011.1290, then normal start-up

means the period of time between May 18, 1998, and the date by which the waste combustor

must demonstrate compliance with waste combustor emission standards of part 7011.1225, as

allowed in part 7011.1215, subparts 5 and 5a.

Subp. 36a. One-hour average. "One-hour average" means the arithmetic mean of all the

individual data points collected by a monitor in an hour. Each hourly average begins at the

top of the hour and ends at the top of the succeeding hour.

Subp. 37. Operator supervisor. "Operator supervisor" means the Class IV waste

combustor personnel who has direct responsibility for control of the operation of a waste

combustor and is responsible for overall on-site supervision, technical direction, management,

and performance of the facility. This personnel may also be responsible for operating the waste

combustor including start-up, operation, shutdown, and maintenance of the equipment.

Subp. 38. Paint burn-off oven. "Paint burn-off oven" means an oven or furnace

designed, installed, and operated to burn off paint overspray from hooks and other painting

process accessories.

Subp. 39. Pathological waste. "Pathological waste" has the meaning given in Minnesota

Statutes, section 116.76, subdivision 14.

Subp. 40. Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans

or PCDD/PCDF. "Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans"

or "PCDD/PCDF" means the total of tetra-through octa-polychlorinated dibenzo-p-dioxins

and polychlorinated dibenzofurans.

Subp. 41. Problem material. "Problem material" has the meaning given in Minnesota

Statutes, section 115A.03, subdivision 24a.

Subp. 42. RDF stoker. "RDF stoker" means a steam generating unit that combusts RDF

in a semisuspension firing mode using air-fed distributors.

Subp. 42a. Reconstruction. "Reconstruction" means rebuilding a municipal waste

combustor unit for which the reconstruction commenced after June 19, 1996, and the

cumulative costs of the construction over the life of the unit exceed 50 percent of the original

cost of construction and installation of the unit (not including any cost of land purchased in

connection with the construction or installation) updated to current costs (current dollars).

Subp. 43. Refuse-derived fuel or RDF. "Refuse-derived fuel" or "RDF" has the meaning

given in Minnesota Statutes, section 116.90, subdivision 1, paragraph (d).

Subp. 43a. Retrofit. "Retrofit" means the installation of air pollution control,

combustion, or monitoring equipment to a waste combustor for purposes of reducing air

pollution emissions. If installing air pollution control equipment, combustion equipment, or

monitoring equipment would be a modification as defined in subpart 34a, or reconstruction

as defined in subpart 42a, then the activity is not a retrofit.

74
Subp. 44. Shift supervisor. "Shift supervisor" means the person in direct charge and

control of the operation of a waste combustor and who is responsible for on-site supervision,

technical direction, management, and overall performance of the facility during an assigned

shift.

Subp. 45. Solid waste. "Solid waste" has the meaning given in Minnesota Statutes,

section 116.06, subdivision 22.

Subp. 45a. Tires. "Tires" has the meaning given in Minnesota Statutes, section 115A.90,

subdivision 7.

Subp. 46. Waste combustor. "Waste combustor" means any emissions unit or emission

facility where mixed municipal solid waste, solid waste, or refuse-derived fuel is combusted,

and includes incinerators, energy recovery facilities, or other combustion devices. A metals

recovery incinerator is a waste combustor. A combustion device combusting primarily wood,

or at least 70 percent fossil fuel and wood in combination with up to 30 percent papermill

wastewater treatment plant sludge, is not a waste combustor. A soil treatment facility, paint

burn-off oven, wood heater, or residential fireplace is not a waste combustor.

Subp. 47. [Repealed, 22 SR 1975]

Subp. 48. Wood. "Wood" means wood, wood residue, bark, or any derivative fuel or

residue thereof, in any form, including sawdust, sander dust, wood chips, wood scraps, slabs,

millings, shavings, and processed pellets made from wood and other forest residues.

Subp. 49. Wood heater. "Wood heater" means an enclosed woodburning appliance

capable of and intended for space heating and domestic water heating that meets the following

criteria:

A. an air-to-fuel ratio in the combustion chamber averaging less than 35 to 1 as

determined by the test procedure prescribed in Code of Federal Regulations, title 40, section

60.534, as amended, performed at an accredited laboratory;

B. a useable firebox volume of less than 20 cubic feet;

C. a minimum burn rate less than five kg/hr as determined by the test procedure

prescribed in Code of Federal Regulations, title 40, section 60.534, as amended, performed at

an accredited laboratory; and

D. a maximum weight of 800 kilograms. In determining the weight of the appliance

for these purposes, fixtures and devices that are normally sold separately, such as flue pipe,

chimney, and masonry components that are not an integral part of the appliance or heat

distribution ducting shall not be included.

Subp. 50. Yard waste. "Yard waste" means garden wastes, leaves, lawn cuttings, weeds,

and prunings.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 18 SR 2584; 22 SR 1975

7011.1202 [Repealed, 18 SR 2584]

7011.1203 [Repealed, 18 SR 2584]

75
7011.1204 [Repealed, 18 SR 2584]

7011.1205 INCORPORATIONS BY REFERENCE.

For the purpose of parts 7007.0501, 7007.0801, and 7011.1201 to 7011.1290, the

documents in items A to C are incorporated by reference. These documents are subject

to frequent change.

A. Annual Book of American Society for Testing and Materials Standards (ASTM),

Part 26, Gaseous Fuels, Coal and Coke; Atmospheric Analysis, 1981 Edition. This publication

is available through the Minitex interlibrary loan system.

B. Test Methods for Evaluating Solid Waste, SW-846, United States Environmental

Protection Agency, Office of Solid Waste and Emergency Response, Third Edition, November

1986. This publication is available through the Minitex interlibrary loan system.

C. The following material is available from the American Society of Mechanical

Engineers (ASME), 345 East 47th Street, New York, New York 10017 or from the State Law

Library, Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota

55155.

(1) Standards for the Qualification and Certification of Resource Recovery

Facility Operators, ASME QRO-1-1994, May 1994.

(2) Power Tests Code for Steam Generating Units, PTC 4.1, 1972.

(3) Interim Supplement 19.5 on Instrumentation and Apparatus, Application

Part II of Fluid Meters, 6th Edition, 1971.

Statutory Authority: MS s 116.07

History: 18 SR 2584; 22 SR 1975

7011.1206 [Repealed, 18 SR 2584]

7011.1207 [Repealed, 18 SR 2584]

76
7011.1300 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.1300 to 7011.1325, the following words shall

have the meanings defined herein.

Subp. 2. Burning capacity. "Burning capacity" means the manufacturer's or designer's

maximum rate or such other rate that is considered good engineering practice and accepted

by the commissioner.

Subp. 3. Sewage sludge incinerator. "Sewage sludge incinerator" means any furnace or

other device used in the process of burning sludge produced by a sewage treatment facility.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1305 STANDARDS OF PERFORMANCE FOR EXISTING SEWAGE SLUDGE

INCINERATORS.

No owner or operator of an existing sewage sludge incinerator shall cause to be discharged

into the atmosphere from the sewage sludge incinerator any gases which:

A. contain particulate matter in excess of 0.3 gr/dscf corrected to 12 percent CO2if

the incinerator has a burning capacity of less than 200 pounds per hour;

B. contain particulate matter in excess of 0.2 gr/dscf corrected to 12 percent CO2if

the incinerator has a burning capacity of 200 to 2,000 pounds per hour;

C. contain particulate matter in excess of 0.1 gr/dscf corrected to 12 percent CO2if

the incinerator has a burning capacity of greater than 2,000 pounds per hour.

No owner or operator of an existing sewage sludge incinerator shall cause to be discharged

into the atmosphere from the incinerator any gases which exhibit greater than 20 percent

opacity, except for one six-minute period per hour of not more than 33 percent opacity. An

116
exceedance of this opacity standard occurs whenever any one-hour period contains two or

more six-minute periods during which the average opacity exceeds 20 percent or whenever

any one-hour period contains one or more six-minute periods during which the average opacity

exceeds 33 percent.

No owner or operator of an existing sewage sludge incinerator shall operate such

incinerator unless such incinerator utilizes auxiliary fuel burners that maintain a minimum

temperature of 1,200 degrees Fahrenheit for a minimum retention time of 0.3 second or other

method of odor control as approved by the commissioner.

For the purposes of this part, "existing sewage sludge incinerator" means a sewage

sludge incinerator on which construction, modification, or reconstruction did not commence

after June 11, 1973.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237; 23 SR 145

7011.1310 STANDARDS OF PERFORMANCE FOR NEW SEWAGE SLUDGE

INCINERATORS.

No owner or operator of a new sewage sludge incinerator shall cause to be discharged

into the atmosphere from the incinerator any gases which:

A. contain particulate matter in excess of 0.65 g/kg dry sludge input (1.30 lb/ton

dry sludge input); or

B. exhibit 20 percent opacity or greater.

No owner or operator of a new sewage sludge incinerator shall operate such incinerator

unless such incinerator utilizes auxiliary fuel burners that maintain a minimum temperature of

1200 degrees Fahrenheit for a minimum retention time of 0.3 second or other method of odor

control as approved by the commissioner.

For the purposes of this part, "new sewage sludge incinerator" means a sewage sludge

incinerator on which construction, modification, or reconstruction commenced after June

11, 1973.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237

7011.1315 MONITORING OF OPERATIONS.

The owner or operator of any sewage sludge incinerator shall:

A. Install, calibrate, maintain, and operate a flow measuring device which can be

used to determine either the mass or volume of sludge charged to the incinerator. The flow

measuring device shall have an accuracy of plus or minus five percent over its operating range.

B. Provide access to the sludge charged so that a well-mixed representative grab

sample of the sludge can be obtained.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

117
7011.1320 PERFORMANCE TEST METHODS.

Unless another method is approved by the agency, any owner or operator required to

submit performance tests for a sewage sludge incinerator shall utilize the following methods:

A. Method 1 for sample and velocity traverses;

B. Method 2 for volumetric flow rate;

C. Method 3 for gas analysis; and

D. Method 5 for concentration of particulate matter and associated moisture content.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1325 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Sampling time for Method 5. For Method 5, the sampling time for each run

shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscm/min (0.53

dscf/min), except that shorter sampling times, when necessitated by process variables or

other factors, may be approved by the agency.

Subp. 3. Dry sludge charging rate. Dry sludge charging rate shall be determined as

follows:

A. Determine the mass (S

m

) or volume (S

v

) of sludge charged to the incinerator

during each run using a flow measuring device meeting the requirements of part 7011.1315,

item A. If total input during a run is measured by a flow measuring device, such readings shall

be used. Otherwise, record the flow measuring device readings at five-minute intervals during

a run. Determine the quantity charged during each interval by averaging the flow rates at the

beginning and end of the interval and then multiplying the average for each interval by the

time for each interval. Then add the quantity for each interval to determine the total quantity

charged during the entire run, (S

m

) or (S

v

).

B. Collect samples of the sludge charged to the incinerator in nonporous collecting

jars at the beginning of each run and at approximately one-hour intervals thereafter until

the test ends, and determine for each sample the dry sludge content (total solids residue)

in accordance with "224 G. Method for Solid and Semisolid Samples," Standard Methods

for the Examination of Water and Wastewater, Thirteenth Edition, American Public Health

Association, Inc., New York, N.Y., 1971, pp. 539-41, except that:

(1) evaporating dishes shall be ignited to at least 103 degrees Celsius rather

than the 550 degrees Celsius specified in step 3(a)(1);

(2) determination of volatile residue, step 3(b) may be deleted;

(3) the quantity of dry sludge per unit sludge charged shall be determined in

terms of either R

dv

(metric units: mg dry sludge/liter sludge charged or English units: lb/ft

3

) or

R

dm

(metric units: mg dry sludge/mg sludge charged or English units: lb/lb).

C. Determine the quantity of dry sludge per unit sludge charged in terms of either

R

dv or Rdm

:

118
(1) If the volume of sludge charged is used:

R

dvSv

S

d = (60 x 10

-3

) _________ (Metric Units)

T

or

R

dvSv

S

d = (8.021) __________ (English Units)

T

where:

S

d = average dry sludge charging rate during the run, kg/hr (English units: lb/hr);

R

dv = average quantity of dry sludge per unit volume of sludge charged to the incinerator,

mg/1 (English units: lb/ft

3

);

S

v = sludge charged to the incinerator during the run, m3

(English units: gal);

T = duration of run, min (English units: min);

60x10

-3

= metric units conversion factor, 1-kg-min/m3-mg-hr;

8.021 = English units conversion factor, ft

3

-min/gal-hr.

(2) If the mass of sludge charged is used:

R

dmSm

S

d = (60) _______ (Metric or English Units)

T

where:

S

d = average dry sludge charging rate during the run, kg/hr (English units: lb/hr);

R

dm = average ratio of quantity of dry sludge to quantity of sludge charged to the

incinerator, mg/mg (English units: lb/lb);

S

m = sludge charged during the run, kg (English units: lb);

T = duration of run, min (metric or English units);

60 = conversion factor, min/hr (metric or English units).

Subp. 4. Particulate emission rate. Particulate emission rate shall be determined by:

C

aw = CsQ3

(metric or English units)

where:

C

aw = Particulate matter mass emissions, mg/hr (English units: lb/hr).

119
C

s = Particulate matter concentration, mg/m3

(English units: lb/dscf).

Qs = Volumetric stack gas flow rate, dscm/hr (English units: dscf/hr). Qsand c

s

shall be

determined using methods 2 and 5, respectively.

Subp. 5. Compliance with standards. Compliance with part 7011.1310 shall be

determined as follows:

C

aw

C

ds = (10

-3

) _____ (Metric Units)

S

d

or

C

aw

C

ds = (2000) __ (English Units)

S

d

where:

C

ds = particulate emission discharge, g/kg dry sludge (English units: lb/ton dry sludge).

10

-3

= Metric conversion factor, g/mg.

2,000 = English conversion factor, lb/ton.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412

PETROLEUM REFINERIES

7011.1400 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.1400 to 7011.1430, the following words shall

have the meanings defined herein.

120
Subp. 2. Coke burn-off. "Coke burn-off" means the coke removed from the surface of

the fluid catalytic cracking unit catalyst by combustion in the catalyst regenerator. The rate of

coke burn-off is calculated by the formula specified in part 7011.1430, subpart 5.

Subp. 3. Fossil fuel. "Fossil fuel" means natural gas, petroleum, coal, wood, and any

form of solid, liquid, or gaseous fuel derived from such materials.

Subp. 4. Fuel gas. "Fuel gas" means any gas which is generated by a petroleum refinery

process unit and which is combusted, including any gaseous mixture of a natural gas and fuel

gas which is combusted.

Subp. 5. Fuel gas combustion device. "Fuel gas combustion device" means any

equipment, such as process heaters, boilers, and flares used to combust fuel gas, but does not

include fluid coking units and fluid catalytic cracking unit incinerator-waste heat boilers and

facilities in which gases are combusted to produce sulfur or sulfuric acid.

Subp. 6. Heat input. "Heat input" means the number of Btu per hour (cal/hr) determined

by multiplying the high heating value (Btu/lb) (cal/gm) of each fossil fuel or fuel gas that

is fired in the indirect heating equipment or fuel gas combustion device (at the time of

determining the heat input) times the rate of each fuel burned (lb/hr) (gm/hr).

Subp. 7. High heating value. "High heating value" means the number of (Btu/lb)

(cal/gm) of a fossil fuel as determined by the A.S.T.M. test methods described in part

7011.0525.

Subp. 8. Indirect heating equipment. "Indirect heating equipment" means a furnace,

boiler, or other unit of combustion equipment used in the process of burning fossil fuel for

the purpose of producing steam, hot water, hot air, or other hot liquid, gas, or solid, where the

products of combustion do not have direct contact with the heated medium. "Indirect heating

equipment" includes all fuel gas combustion devices which burn a liquid or solid fossil fuel but

does not include fluid catalytic cracking unit incinerator-waste heat boilers, fluid coking units,

and facilities in which gases are combusted to produce sulfur or sulfuric acid.

Subp. 9. Petroleum. "Petroleum" means the crude oil removed from the earth and the

oils derived from tar sands, shale, and coal.

Subp. 10. Petroleum refinery. "Petroleum refinery" means any facility engaged in

producing gasoline, kerosene, distillate fuel oils, residual fuel oil, lubricants, or other products

through distillation of petroleum or through redistillation, cracking, or reforming of unfinished

petroleum derivatives. "Petroleum refinery" includes fluid catalytic cracking unit catalyst

regenerators, fluid catalytic cracking unit incinerator-waste heat boilers, fuel gas combustion

devices, and all indirect heating equipment associated with the refinery.

Subp. 11. Process gas. "Process gas" means any gas generated by a petroleum refinery

process unit, except fuel gas and process upset gas as defined in this part.

Subp. 12. Process upset gas. "Process upset gas" means any gas generated by a

petroleum refinery process unit as a result of start-up, shutdown, upset, or malfunction.

Subp. 13. Refinery process unit. "Refinery process unit" means any segment of the

petroleum refinery in which a specific processing operation is conducted.

121
Subp. 14. Steam generating unit. "Steam generating unit" means indirect heating

equipment used to produce steam.

Statutory Authority: MS s 116.07

History: 18 SR 614

7011.1405 STANDARDS OF PERFORMANCE FOR EXISTING AFFECTED

FACILITIES AT PETROLEUM REFINERIES.

Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste

heat boiler. No owner or operator of an existing fluid catalytic cracking unit catalyst

regenerator or its incinerator-waste heat boiler at a petroleum refinery shall cause to be

discharged into the atmosphere from such regenerator or its incinerator-waste heat boiler

any gases which:

A. contain particulate matter in excess of 10.0 lb/1000 lb (10.0 kg/1000 kg) of

coke burn-off in the catalyst regenerator; or

B. exhibit greater than 30 percent opacity, except that 30 percent opacity may be

exceeded for one six-minute period in any one-hour period. An exceedance of this opacity

standard occurs whenever any one-hour period contains two or more six-minute periods during

which the average opacity exceeds 30 percent.

If auxiliary liquid or solid fossil fuels are burned in the fluid catalytic cracking unit

incinerator-waste heat boiler, particulate matter in excess of that permitted by item A may

be emitted provided that the incremental rate of particulate emissions shall not exceed 0.4

pounds per million Btu (0.72 grams per million cal) of heat input attributable to such liquid

or solid fossil fuel.

Subp. 2. Fuel gas combustion device and indirect heating equipment. No owner or

operator of existing fuel gas combustion devices and indirect heating equipment at a petroleum

refinery shall cause to be discharged into the atmosphere from such devices and equipment

any gases which contain sulfur dioxide in excess of 1.75 pounds per million Btu (3.15 grams

per million cal) heat input. The total emissions of sulfur dioxide from all existing fuel gas

combustion devices and all indirect heating equipment shall be divided by the total heat input

of all such devices and equipment to determine compliance with this section; provided that no

owner or operator shall cause to be discharged from any one fuel gas combustion device or any

one unit of indirect heating equipment any gases which contain sulfur dioxide in excess of 3.0

pounds per million Btu (5.4 grams per million cal) heat input.

Subp. 3. Indirect heating equipment. No owner or operator of existing indirect heating

equipment at a petroleum refinery shall cause to be discharged into the atmosphere from

such equipment any gases which:

A. contain particulate matter in excess of 0.4 pounds per million Btu (0.72 grams

per million cal) heat input; or

B. exhibit greater than 20 percent opacity, except for one six-minute period per hour

of not more than 60 percent opacity. An exceedance of this opacity standard occurs whenever

any one-hour period contains two or more six-minute periods during which the average opacity

exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods

during which the average opacity exceeds 60 percent.

122
Subp. 4. Definition. For the purposes of this part, "existing" means equipment on which

construction, modification, or reconstruction did not commence after June 11, 1973.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237; 23 SR 145

7011.1410 STANDARDS OF PERFORMANCE FOR NEW AFFECTED FACILITIES

AT PETROLEUM REFINERIES.

Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste

heat boiler. No owner or operator of a new fluid catalytic cracking unit catalyst regenerator or

its incinerator-waste heat boiler at a petroleum refinery shall cause to be discharged into the

atmosphere from such regenerator or incinerator-waste heat boiler any gases which:

A. contain particulate matter in excess of 1.0 lb/1000 lb (1.0 kg/1000 kg) of coke

burn-off in the catalyst regenerator; or

B. exhibit greater than 30 percent opacity, except that 30 percent opacity may be

exceeded for one six-minute period in any one-hour period. An exceedance of this opacity

standard occurs whenever any one-hour period contains two or more six-minute periods during

which the average opacity exceeds 30 percent.

If auxiliary liquid or solid fossil fuels are burned in the fluid catalytic cracking unit

incinerator-waste heat boiler, particulate matter in excess of that permitted by item A may be

emitted provided that the incremental rate of particulate emissions shall not exceed 0.1 pound

per million Btu of heat input attributable to such liquid or solid fossil fuel.

No owner or operator of a new fluid catalytic cracking unit catalyst regenerator at a

petroleum refinery shall cause to be discharged into the atmosphere from such regenerator any

gases which contain carbon monoxide in excess of 0.050 percent by volume.

Subp. 2. Fuel gas combustion device. No owner or operator of a new fuel gas

combustion device at a petroleum refinery shall burn in any such device any fuel gas which

contains H2S in excess of 0.10 gr/dscf, (230 mg/dscm) except as provided herein. The owner

or operator may elect to treat the gases resulting from the combustion of fuel gas in a manner

which limits the release of SO2to the atmosphere if it is shown to the satisfaction of the

commissioner that this prevents SO2emissions as effectively as compliance with the H2S

restriction set forth above.

Subp. 3. Indirect heating equipment. Indirect heating equipment:

A. No owner or operator of new indirect heating equipment at a petroleum refinery

shall cause to be discharged into the atmosphere from such equipment any gases which contain

sulfur dioxide in excess of 1.75 pounds per million Btu (3.15 grams per million cal) heat

input. The total emissions of sulfur dioxide from all existing and new fuel gas combustion

devices and indirect heating equipment shall be divided by the total heat input of all such

devices and equipment to determine compliance with this part; provided that no owner or

operator shall cause to be discharged from any one unit of new indirect heating equipment

any gases which contain sulfur dioxide in excess of 3.0 pounds per million Btu (5.4 grams

per million cal) heat input.

B. No owner or operator of new indirect heating equipment at a petroleum refinery

shall cause to be discharged into the atmosphere from such equipment any gases which:

123
(1) contain particulate matter in excess of 0.4 pounds per million Btu (0.72

grams per million cal) heat input; or

(2) exhibit greater than 20 percent opacity, except for one six-minute period

per hour of not more than 60 percent opacity. An exceedance of this opacity standard occurs

whenever any one-hour period contains two or more six-minute periods during which the

average opacity exceeds 20 percent or whenever any one-hour period contains one or more

six-minute periods during which the average opacity exceeds 60 percent.

C. The owner or operator of a new steam generating unit of more than 250 million

Btu per hour (63 million cal per hour) heat input at a petroleum refinery shall comply with

the following requirements:

(1) No gases shall be discharged from the steam generating unit which

contain particulate matter in excess of 0.1 pounds per million Btu (0.18 grams per million

cal) heat input.

(2) No gases shall be discharged which exhibit greater than 20 percent opacity,

except for one six-minute period per hour of not more than 27 percent opacity. An exceedance

of this opacity standard occurs whenever any one-hour period contains two or more six-minute

periods during which the average opacity exceeds 20 percent or whenever any one-hour period

contains one or more six-minute periods during which the average opacity exceeds 27 percent.

(3) No gases shall be discharged which contain sulfur dioxide in excess of

0.80 pounds per million Btu (1.4 grams per million cal) heat input if a liquid fossil fuel is

burned and 1.2 pounds per million Btu (2.2 grams per million cal) heat input if a solid fossil

fuel is burned. When different fossil fuels are burned simultaneously in any combination, the

applicable standard shall be determined by proration using the following formula:

y(0.8) + z(1.2)

x = _______________

y + z

where:

x is the maximum allowable emissions of sulfur dioxide gases in lbs/per million Btu;

y is the percentage of total heat input derived from liquid fossil fuel;

z is the percentage of total heat input derived from solid fossil fuel; and

Compliance shall be based on the total heat input from all fossil fuel burned including

gaseous fuels.

Subp. 4. Definition. For the purposes of this part, "new" means equipment on which

construction, modification, or reconstruction commenced after June 11, 1973.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 22 SR 1237; 23 SR 145

124
7011.1415 EXEMPTIONS.

The combustion of process upset gas in a flare, or the combustion in a flare of process gas

or fuel gas which is released to the flare as a result of relief valve leakage, is exempt from the

standards of performance set forth in these parts.

The standards of performance promulgated in parts 7011.0500 to 7011.0530 for indirect

heating equipment shall not apply to indirect heating equipment at a petroleum refinery. Only

those standards of performance for indirect heating equipment set forth in these parts shall

apply to such equipment.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237

7011.1420 EMISSION MONITORING.

Subpart 1. Fluid catalytic cracking unit catalyst regenerators. Fluid catalytic cracking

unit catalyst regenerators:

A. Opacity.

(1) The owner or operator of any new fluid catalytic unit catalyst regenerator

and the owner or operator of an existing fluid catalytic cracking unit catalyst regenerator for

fluid bed catalyst cracking units of greater than 20,000 barrels per day fresh feed capacity shall

install, calibrate, maintain, and operate a continuous monitoring system for the measurement

of opacity of emissions discharged into the atmosphere from the regenerator.

(2) The continuous monitoring system shall be spanned at 60, 70, or 80

percent opacity.

B. Coke burn-off. The average coke burn-off rate (thousands of pounds per hour or

thousands of kilograms per hour) and hours of operation of any fluid catalytic cracking unit

catalyst regenerator shall be recorded daily.

Subp. 2. Fuel gas combustion devices. Fuel gas combustion devices:

A. Sulfur dioxide.

(1) The owner or operator of a new fuel gas combustion device at a petroleum

refinery shall install, calibrate, maintain, and operate a continuous monitoring system for the

measurement of sulfur dioxide in the gases discharged into the atmosphere.

(2) The pollutant gas used to prepare calibration gas mixtures and for

calibration checks shall be sulfur dioxide (SO2).

(3) The span shall be set at 100 ppm.

(4) Reference Method 6 shall be used for conducting monitoring system

performance specifications.

(5) For the purpose of reports under part 7017.1110, subpart 2, periods of

excess emissions that shall be reported are defined as any six-hour period during which the

average emissions (arithmetic average of six continuous one-hour periods) of sulfur dioxide as

measured by a continuous monitoring system exceed the applicable standards of performance

in part 7011.1410.

B. Hydrogen sulfide. The owner or operator of a new fuel gas combustion device at

a petroleum refinery may elect to install a continuous monitoring system for the measurement

of hydrogen sulfide in the fuel gas instead of the sulfur dioxide monitor described in item A.

125
The owner or operator shall notify the commissioner in writing of such election. The owner

or operator who elects to install the hydrogen sulfide monitor shall not be required to do so

until monitoring requirements for such a system are promulgated; provided, however, the

commissioner may require the installation of a sulfur dioxide monitor under the provisions

of part 7017.1006.

Subp. 3. Incinerator waste heat boilers. The owner or operator of any fluid catalytic

cracking unit catalyst regenerator at a petroleum refinery which utilizes an incinerator-waste

heat boiler to combust the exhaust gases from the catalyst regenerator shall record daily the

rate of combustion of liquid or solid fossil fuels (gallons per hour or liters per hour, pounds per

hour or kilograms per hour) and the hours of operation during which liquid or solid fossil fuels

are combusted in the incinerator-waste heat boiler.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 23 SR 1764

7011.1425 PERFORMANCE TEST METHODS.

Subpart 1. In general. Unless another method is approved by the commissioner, any

person required to submit performance tests for a petroleum refinery shall utilize the following

test methods.

Subp. 2. Gases released to atmosphere from fluid catalytic cracking unit catalyst

regenerator. For gases released to the atmosphere from the fluid catalytic cracking unit

catalyst regenerator:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

C. Method 5 for the concentration of particulate matter and moisture content;

D. Method 9 for visual determination of the opacity of emissions from stationary

sources;

E. Method 10 for carbon monoxide.

Subp. 3. Exhaust gases. For exhaust gases from the fluid catalytic cracking unit catalyst

regenerator prior to the emission control system:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

C. Method 3 for gas analysis;

D. Method 4 for moisture content.

Subp. 4. Determination of concentration. For determining the concentration of H2S in

any fuel gas, Method 11 shall be used.

Subp. 5. Gases to atmosphere from combustion. For gases released to the atmosphere

from the combustion of fuel gas, fossil fuel, and the combination of fuel gas and fossil fuel:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

126
C. Method 5 for the concentration of particulate matter and moisture content;

D. Method 6 for concentration of SOO2;

E. Method 9 for visual determination of the opacity of emissions from stationary

sources.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1430 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Sampling time. For Method 5, the sampling time for each run shall be at least

60 minutes and the sampling rate shall be at least 0.015 dscm (0.53 dscf/min), except that

shorter sampling times may be approved by the agency when process variable or other factors

preclude sampling for at least 60 minutes.

Subp. 3. Extraction rate. For Method 10, the sample shall be extracted at a rate

proportional to the gas velocity at a sampling point near the centroid of the duct. The sampling

time shall not be less than 60 minutes.

Subp. 4. Introduction of gases into sampling train. For Method 11, when refinery

fuel gas lines are operating at pressures substantially above atmospheric, the gases sampled

must be introduced into the sampling train at approximately atmospheric pressure. This may

be accomplished with a flow control valve. If the line pressure is high enough to operate the

sampling train without a vacuum pump, the pump may be eliminated from the sampling train.

The sample shall be drawn from a point near the centroid of the fuel gas line. The minimum

sampling time shall be ten minutes and the minimum sampling volume 0.01 dscm (0.35 dscf)

for each sample. The arithmetic average of two samples shall constitute one run. Samples shall

be taken at approximately one-hour intervals. For most fuel gases, sample times exceeding 20

minutes may result in depletion of the collecting solution, although fuel gases containing low

concentrations of hydrogen sulfide may necessitate sampling for longer periods of time.

Subp. 5. Sampling to determine SO2concentration. The sampling site for determining

SO2concentration by Method 6 shall be the same as for determining volumetric flow rate by

Method 2. The sampling point in the duct for determining SO2concentration by Method 6

shall be at the centroid of the cross section if the cross sectional area is less than 5 m2(54 ft

2

)

or at a point no closer to the walls than 1 meter (39 inches) if the cross sectional area is 5 m2or

more and the centroid is more than one meter from the wall. The sample shall be extracted at a

rate proportional to the gas velocity at the sampling point. The minimum sampling time shall

be ten minutes and the minimum sampling volume 0.01 dscm (0.35 dscf) for each sample.

The arithmetic average of two samples shall constitute one run. Samples shall be taken at

approximately one-hour intervals.

Subp. 6. Coke burn-off rate. Coke burn-off rate shall be determined by the following

formula:

127
R

c = 0.2982 Qre

(%CO2 + %CO) + 2.088 Qra- 0.0994 Qre

(%CO/2 + %CO2 + %O2) (metric units)

R

c = 0.0186 Qre

(%CO2 + %CO) + 0.1303 Qra- 0.0062 Qre

(%CO/2 + CO2 + O2) (English units)

R

c = coke burn-off rate, kg/hr (English units lb/hr);

0.2982 = metric units material balance factor divided by 100, kg-min/hr-m3;

0.0186 = English units material balance factor divided by 100, lb-min/hr-ft

3

;

Qre = fluid catalytic cracking unit catalyst regenerator exhaust gas flow rate before entering

the emission control system, as determined by Method 2, dscm/min (English units: dscf/min);

%CO2 = percent carbon dioxide by volume, dry basis, as determined by Method 3;

%CO = percent carbon monoxide by volume, dry basis, as determined by Method 3;

%O2 = percent oxygen by volume, dry basis, as determined by Method 3;

2.088 = metric units material balance factor divided by 100, kg-min/hr-m3;

0.1303 = English units material balance factor divided by 100, lb-min/hr-ft

3

;

Qra = air rate to fluid catalytic cracking unit catalyst regenerator, as determined from fluid

catalytic cracking unit control room instrumentation, dscm/min (English units: dscf/min);

0.0994 = metric units material balance factor divided by 100, kg-min/hr-m3;

0.0062 = English units material balance factor divided by 100, lb-min/hr-ft

3

.

Subp. 7. Particulate emissions. Particulate emissions shall be determined by the

following equation:

R

e = (60x10

-6

) QrvC

x

(metric units); or

R

e = (8.57x10

-3

) QrvC

s

(English units)

where:

R

e = particulate emission rate, kg/hr (English units: lb-hr);

60x10

-6

= metric units conversion factor, min-kg/hr-gr;

8.57x10

-3

= English units conversion factor, min-lb/hr.gr;

Qrv = volumetric flow rate of gases discharged into the atmosphere from the fluid catalytic

cracking unit catalyst regenerator following the emission control system, as determined by

Method 2, dscm/min (English units: dscf/min);

C

s = particulate emission concentration discharged in the atmosphere, as determined by

Method 5, mg/dscm (English units: gr/dscf).

Subp. 8. Coke burn-off. For each run, emissions expressed in kg/1000 kg (lb/1000 lb) of

coke burn-off in the catalyst regenerator shall be determined by the following equation:

128
R

e

R

s = 1000 ___ (Metric or English Units)

R

c

where:

R

s = particulate emission rate, kg/1000 kg (lb/1000 lb) of coke burn-off in the fluid

catalytic cracking unit catalyst regenerator;

1000 = conversion factor, kg to 1000 kg (lb to 1000 lb);

R

e = particulate emission rate, kg/hr (lb/hr);

R

c = coke burn-off rate, kg/hr (lb/hr).

Subp. 9. Rate of particulate matter emissions permitted. In those instances in which

auxiliary liquid or solid fossil fuels are burned in an incinerator-waste heat boiler, the rate of

particulate matter emissions permitted must be determined. Auxiliary fuel heat input, expressed

in millions of cal/hr (English units: millions of Btu/hr) shall be calculated for each run by fuel

flow rate measurement and analysis of the liquid or solid auxiliary fossil fuels. For each run,

the rate of particulate emissions permitted shall be calculated from the following equation:

New Affected Facilities Existing Affected Facilities

0.18 H 0.72 H

R

a = 1.0 + ______ Ra = 10.0 + ______ (Metric Units)

R

c Rc

or

0.10 H 0.4 H

R

a = 1.0 + ______ Ra = 10.0 + _____ (English Units)

R

c Rc

where:

R

a = allowable particulate emission rate, kg/1000 kg (English units: lb/1000 lb) of coke

burn-off in the fluid catalytic cracking unit catalyst regenerator;

1.0 = emission standard for new affected facilities, 1.0 kg/1000 kg (English units: 1.0

lb/1000 lb) of coke burn-off in the fluid catalytic cracking unit catalyst regenerator;

10.0 = emission standard for existing affected facilities;

0.18 = metric units maximum allowable incremental rate of particulate emissions for new

affected facilities gm/million cal;

0.10 = English units maximum allowable incremental rate of particulate emissions for new

affected facilities, lb/million Btu;

0.72 = metric units maximum allowable incremental rate of particulate emissions for

existing affected facilities gm/million cal;

129
0.4 = English units maximum allowable incremental rate of particulate emissions for

existing affected facilities, lb/million Btu;

H = heat input from solid or liquid fossil fuel, million cal/hr (English units: million Btu/hr);

R

c = coke burn-off rate, kg/hr (English units: lb/hr).

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412

LIQUID PETROLEUM AND VOLATILE ORGANIC

LIQUID STORAGE VESSELS

7011.1500 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.1500 to 7011.1515, the following words shall

have the meanings defined herein.

Subp. 1a. Commenced. "Commenced" has the meaning given in Code of Federal

Regulations, title 40, section 60.2.

Subp. 2. Condensate. "Condensate" means hydrocarbon liquid separated from natural

gas which condenses due to changes in the temperature and/or pressure and remains liquid at

standard conditions.

130
Subp. 3. Custody transfer. "Custody transfer" means the transfer of produced petroleum

and/or condensate, after processing and/or treating in the producing operations, from storage

tanks or automatic transfer facilities to pipelines or any other forms of transportation.

Subp. 4. Drilling and production facility. "Drilling and production facility" means all

drilling and servicing equipment, wells, flow lines, separators, equipment, gathering lines, and

auxiliary nontransportation related equipment used in the production of petroleum but does

not include natural gasoline plants.

Subp. 5. Floating roof. "Floating roof" means a storage vessel cover consisting of a

double deck, pontoon single deck, internal floating cover, or covered floating roof, which rests

upon and is supported by the petroleum liquid being contained, and is equipped with a closure

seal or seals to close the space between the roof edge and tank wall.

Subp. 6. Hydrocarbon. "Hydrocarbon" means any organic compound consisting

predominantly of carbon and hydrogen.

Subp. 7. Petroleum. "Petroleum" means the crude oil removed from the earth and the

oils derived from tar sands, shale, and coal.

Subp. 8. Petroleum liquids. "Petroleum liquids" means petroleum, condensate, and any

finished or intermediate products manufactured in a petroleum refinery but does not mean

number 2 through number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oils

Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-71, or diesel fuel oils Numbers

2-D and 4-D as specified in A.S.T.M. D975-68.

Subp. 9. Petroleum refinery. "Petroleum refinery" means any facility engaged in

producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products

through distillation of petroleum or through redistillation, cracking, or reforming of unfinished

petroleum derivatives.

Subp. 10. Reid vapor pressure. "Reid vapor pressure" is the absolute vapor pressure of

volatile crude oil and volatile nonviscous petroleum liquids, except liquefied petroleum gases,

as determined by A.S.T.M.-D-323-58 (reapproved 1968).

Subp. 11. Storage vessel. "Storage vessel" means any tank, reservoir, or container used

for the storage of petroleum liquids, but does not include:

A. pressure vessels which are designed to operate in excess of 15 pounds per square

inch gauge without emissions to the atmosphere except under emergency conditions;

B. subsurface caverns or porous rock reservoirs; or

C. underground tanks if the total volume of petroleum liquids added to and taken

from a tank annually does not exceed twice the volume of the tank.

Subp. 12. Submerged fill pipe. "Submerged fill pipe" means any fill pipe the discharge

opening of which is entirely submerged when the liquid level is six inches above the bottom of

the storage vessel. When applied to a storage vessel which is loaded from the side, "submerged

fill pipe" means any fill pipe the discharge opening of which is entirely submerged when filling

except for filling after the vessel has been emptied for cleaning and repairs.

Subp. 13. True vapor pressure. "True vapor pressure" means the equilibrium partial

pressure exerted by a petroleum liquid as determined in accordance with methods described

131
in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating Roof Tanks,

1962.

Subp. 14. Vapor recovery system. "Vapor recovery system" means a vapor gathering

system capable of collecting all hydrocarbon vapors and gases discharged from the storage

vessel and a vapor disposal system capable of processing such hydrocarbon vapors and gases

so as to prevent their emission to the atmosphere.

Statutory Authority: MS s 116.07

History: 18 SR 614; 23 SR 2224

7011.1505 STANDARDS OF PERFORMANCE FOR STORAGE VESSELS.

Subpart 1. Pre-1969 storage vessels. There are no standards of performance promulgated

in this rule for storage vessels for which construction was commenced prior to July 7, 1969.

Subp. 2. July 7, 1969 to June 11, 1973 storage vessels. July 7, 1969 to June 11, 1973:

A. There are no standards of performance promulgated in this rule for storage

vessels with a storage capacity of 2,000 gallons (7,571 liters) or less for which construction

was commenced after July 7, 1969, but prior to June 11, 1973.

B. The owner or operator of any storage vessel with a storage capacity of greater

than 2,000 gallons (7,571 liters) but less than or equal to 65,000 gallons (246,405 liters) for

which construction was commenced after July 7, 1969, but prior to June 11, 1973, shall equip

the storage vessel with a permanent submerged fill pipe or comply with the requirements

of subpart 3, item C.

C. The owner or operator of any storage vessel with a storage capacity of greater

than 65,000 gallons (246,405 liters) for which construction was commenced after July 7, 1969,

but prior to June 11, 1973, shall comply with the following requirements:

(1) If the true vapor pressure of the petroleum liquid, as stored, is equal to or

greater than 128 mm Hg (2.5 psia) but not greater than 642 mm Hg (12.5 psia) the storage

vessel shall be equipped with a floating roof, a vapor recovery system or their equivalents.

(2) If the true vapor pressure of the petroleum liquid, as stored, is greater

than 642 mm Hg (12.5 psia), the storage vessel shall be equipped with a vapor recovery

system or its equivalent.

Subp. 3. Post-June 11, 1973 storage vessels. Post-June 11, 1973:

A. There are no standards of performance promulgated in this part for storage

vessels with a storage capacity of 2,000 gallons (7,571 liters) or less for which construction

was commenced on or after June 11, 1973.

B. The owner or operator of any storage vessel with a storage capacity of greater

than 2,000 gallons (7,571 liters) but less than or equal to 40,000 gallons (151,412 liters) for

which construction was commenced on or after June 11, 1973, shall equip the storage vessel

with a permanent submerged fill pipe or comply with the requirements of item C.

C. The owner or operator of any storage vessel with a storage capacity of greater

than 40,000 gallons (151,412 liters) for which construction was commenced on or after June

11, 1973, shall comply with the following requirements:

132
(1) If the true vapor pressure of the petroleum liquid, as stored, is equal to

or greater than 78 mm Hg (1.5 psia) but not greater than 570 mm Hg (11.1 psia), the storage

vessel shall be equipped with a floating roof, a vapor recovery system, or their equivalents.

(2) If the true vapor pressure of the petroleum liquid as stored is greater than

570 mm Hg (11.1 psia), the storage vessel shall be equipped with a vapor recovery system or

its equivalent.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1510 MONITORING OF OPERATIONS.

Subpart 1. Records. The owner or operator of any storage vessel, the construction or

modification of which commenced on or after June 11, 1973, which has a storage capacity of

greater than 40,000 gallons (151,412 liters) shall for each storage vessel:

A. maintain a file of each type of petroleum liquid stored, of the typical Reid vapor

pressure of each type of petroleum liquid stored, of the dates of storage and withdrawals, and

of the date on which the storage vessel is empty;

B. determine and record the average monthly storage temperature and true vapor

pressure of the petroleum liquid stored at such temperature if:

(1) the petroleum liquid has a true vapor pressure, as stored, greater than 26

mm Hg (0.5 psia) but less than 78 mm Hg (1.5 psia) and is stored in a storage vessel other than

one equipped with a floating roof, a vapor recovery system or their equivalents; or

(2) the petroleum liquid has a true vapor pressure, as stored, greater than 470

mm Hg (9.1 psia) and is stored in a storage vessel other than one equipped with a vapor

recovery system or its equivalent.

Subp. 2. Calculation. The average monthly storage temperature is an arithmetic average

calculated for each calendar month, or portion thereof if storage is for less than a month, from

bulk liquid storage temperatures determined at least once every seven days.

Subp. 3. Vapor pressure determination. The true vapor pressure shall be determined

by the procedure in American Petroleum Institute Bulletin 2517. This procedure is

dependent upon determination of the storage temperature and the Reid vapor pressure, which

requires sampling of the petroleum liquids in the storage vessels. Unless the agency or the

commissioner requires in specific cases that the stored petroleum liquid be sampled, the true

vapor pressure may be determined by using the average monthly storage temperature and the

typical Reid vapor pressure. For those liquids for which certified specifications limiting the

Reid vapor pressure exist, that Reid vapor pressure may be used. For other liquids, supporting

analytical data must be made available on request of the agency or the commissioner when

typical Reid vapor pressure is used.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1515 EXCEPTION.

The provisions of parts 7011.1500 to 7011.1515 do not apply to storage vessels for

petroleum or condensate stored, processed, or treated at a drilling and production facility

prior to custody transfer.

133
Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

SULFURIC ACID PLANTS

7011.1600 DEFINITIONS.

As used in parts 7011.1600 to 7011.1700, the following words shall have the meanings

defined herein:

A. Acid mist. "Acid mist" means sulfuric acid mist as measured by Method 8.

B. Sulfuric acid production unit. "Sulfuric acid production unit" means any emission

facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation

134
acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but does not include

facilities where conversion to sulfuric acid is utilized primarily as a means of preventing

emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

C. Existing sulfuric acid production unit. "Existing sulfuric acid production unit"

means a sulfuric acid production unit on which construction, modification, or reconstruction

did not commence after August 17, 1971.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237

7011.1605 STANDARDS OF PERFORMANCE OF EXISTING SULFURIC ACID

PRODUCTION UNITS.

Subpart 1. Pre-July 1, 1977, limit. Prior to July 1, 1977, no owner or operator of an

existing sulfuric acid production unit shall cause to be discharged into the atmosphere from any

sulfuric acid production unit any gases which contain sulfur dioxide in excess of 42 pounds per

ton of acid produced (21 kg per metric ton), production being expressed as 100 percent H2SO4.

Subp. 2. Post-July 1, 1977, limit. After July 1, 1977, no owner or operator of an existing

sulfuric acid production unit shall cause to be discharged into the atmosphere from any sulfuric

acid production unit any gases which contain sulfur dioxide in excess of 30 pounds per ton of

acid produced (15 kg per metric ton), production being expressed as 100 percent H2SO4.

Subp. 3. Acid mist. No owner or operator of an existing sulfuric acid production unit

shall cause to be discharged into the atmosphere from any sulfuric acid production unit any

gases which contain acid mist, expressed as H2SO4, in excess of 1.70 pounds per ton of acid

produced (0.85 kg per metric ton), the production being expressed as 100 percent H2SO4.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.1610 [Repealed, 18 SR 580]

7011.1615 CONTINUOUS EMISSION MONITORING.

Subpart 1. Instrumentalities. The owner or operator of a sulfuric acid production unit

shall install, calibrate, maintain, and operate an instrument for continuously monitoring and

recording emissions of sulfur dioxide.

Subp. 2. Calibration. The pollutant gas used to prepare calibration gas mixtures and

for calibration check shall be sulfur dioxide.

Subp. 3. Method 8. When conducting monitoring system performance evaluations only

the sulfur dioxide portion of the Method 8 results shall be used.

Subp. 4. Span set. The span shall be set at 1,000 ppm of sulfur dioxide.

Subp. 5. Conversion factor. The owner or operator of a sulfuric acid production

unit shall establish a conversion factor for the purpose of converting monitoring data into

units of the applicable standard (kg/metric ton, lb/short ton). The conversion factor shall

be determined, as a minimum, three times daily by measuring the concentration of sulfur

dioxide entering the converter using suitable methods (e.g., the Reich test, National Air

135
Pollution Control Administration Publication No. 999-AP-13) and calculating the appropriate

conversion factor for each eight-hour period as follows:

CF = k



1, 000 − 0.015r

r − s



where:

CF = conversion factor (kg/metric ton per ppm, lb/short ton per ppm).

k = constant derived from material balance. For determining CF in metric units, k =

0.0653. For determining CF in English units, k = 0.1306.

r = percentage of sulfur dioxide by volume entering the gas converter. Appropriate

corrections must be made for air injection.

s = percentage of sulfur dioxide by volume in the emissions to the atmosphere determined

by the continuous monitoring system required under subpart 1.

Subp. 6. Record of conversion factors. The owner or operator of a sulfuric acid

production unit shall record all conversion factors and values under subpart 5, i.e., CF, r, and s.

Subp. 7. Record of production data. The owner or operator of a sulfuric acid

production unit shall record daily the production rate and hours of operation.

Subp. 8. Periods of excess emissions. For the purpose of reports under part 7017.1110,

subpart 2, periods of excess emissions shall be all three-hour periods (or the arithmetic average

of three consecutive one-hour periods) during which the integrated average sulfur dioxide

emissions exceed the applicable standards under these parts.

Statutory Authority: MS s 116.07

History: 18 SR 614; 23 SR 1764

7011.1620 PERFORMANCE TEST METHODS.

Unless another method is approved by the commissioner, any person required to submit

performance tests for a sulfuric acid production unit shall utilize the following test methods:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

C. Method 3 for gas analysis; and

D. Method 8 for the concentrations of SO2and acid mist.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1625 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Sampling time and volume. In testing for sulfur dioxide and acid mist, the

sampling time for each run shall be at least 60 minutes and the minimum sample volume

136
shall be 40.6 dscf (1.15 dscm) except that smaller sampling times or sample volumes, when

necessitated by process variables or other factors, may be approved by the agency.

Subp. 3. Acid production rate. Acid production rate, expressed in tons per hour of

100 percent H2SO4, shall be determined during each testing period by a suitable method

approved by the agency. The agency may require the production rate to be confirmed by a

material balance over the production system.

Subp. 4. Acid mist and sulfur dioxide emissions. Unless the commissioner approves

another method, acid mist and sulfur dioxide emissions, expressed in pounds per ton (kg/metric

ton) of 100 percent H2 SO4, shall be determined by dividing the emission rate in lb/hr (kg/hr)

by the acid production rate. The emission rate shall be determined by the equation, Qs x c =

lb/hr (kg/hr), where Qs = volumetric flow rate of the effluent in dscf/hr (dscm/hr) as determined

in accordance with part 7011.1620, item B, and c = acid mist and sulfur dioxide concentrations

in lb/dscf (kg/dscm) as determined in accordance with part 7011.1620, item D.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 18 SR 1412

7011.1630 EXCEPTIONS.

Shutdowns and breakdowns of control equipment at any sulfuric acid production unit shall

be governed by the provisions of part 7019.1000.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412

NITRIC ACID PLANTS

7011.1700 DEFINITIONS.

As used in parts 7011.1700 to 7011.1725, the following words shall have the meanings

defined herein:

A. "Nitric acid production unit" means any facility producing weak nitric acid by

either the pressure or atmospheric pressure process.

B. "Weak nitric acid" means acid which is 30 to 70 percent in strength.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

137
7011.1705 STANDARDS OF PERFORMANCE FOR EXISTING NITRIC ACID

PRODUCTION UNITS.

Prior to July 1, 1977, no owner or operator of an existing nitric acid production unit shall

cause to be discharged into the atmosphere from any nitric acid production unit any gases

which contain nitrogen oxides, expressed as NO2, in excess of 50 pounds per ton of acid

produced (25 kg per metric ton), the production being expressed as 100 percent nitric acid.

After July 1, 1977, no owner or operator of an existing nitric acid production unit shall

cause to be discharged into the atmosphere from any nitric acid production unit any gases

which contain nitrogen oxides, expressed as NO2, in excess of 40 pounds per ton of acid

produced (20 kg per metric ton), the production being expressed as 100 percent nitric acid.

No owner or operator of an existing nitric acid production unit shall cause to be discharged

into the atmosphere from any nitric acid production unit any gases which exhibit greater

than ten percent opacity.

For the purposes of this part, "existing nitric acid production unit" means a nitric acid

production unit on which construction, modification, or reconstruction did not commence

after August 17, 1971.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237

7011.1710 [Repealed, 18 SR 580]

7011.1715 EMISSION MONITORING.

The owner or operator of a nitric acid production unit shall install, calibrate, maintain,

and operate a continuous monitoring system for the measurement and recording of nitrogen

oxides emissions.

The pollutant gas used to prepare calibration gas mixtures and for calibration checks

shall be nitrogen dioxide (NO2).

Reference Method 7 shall be used for conducting monitoring system performance

evaluations.

The span shall be set at 500 ppm of nitrogen dioxide.

The owner or operator of a nitric acid plant shall establish a conversion factor for the

purpose of converting monitoring data into units of the applicable standard (kg/metric

ton, lb/ton). The conversion factor shall be established by measuring emissions with the

continuous monitoring system concurrent with measuring emissions with the applicable

Reference Method tests. Using only that portion of the continuous monitoring emission data

that represents emission measurements concurrent with the reference method test periods, the

conversion factor shall be determined by dividing the reference method test data averages by

the monitoring data averages to obtain a ratio expressed in units of the applicable standards to

units of the monitoring data, i.e., (kg/metric ton per ppm, lb/ton per ppm). The conversion

factor shall be reestablished during any performance test or any continuous monitoring system

performance evaluation.

The owner or operator of a nitric acid production unit shall record the daily production

rate and hours of operation.

138
For the purpose of reports under part 7017.1110, subpart 2, item B, periods of excess

emissions that shall be reported are defined as any three-hour period during which the average

nitrogen oxides emissions (arithmetic average of three contiguous one-hour periods) are

measured by a continuous monitoring system exceed the applicable standards under part

7011.1705.

Statutory Authority: MS s 116.07

History: 18 SR 580; 18 SR 614; 23 SR 1764

7011.1720 PERFORMANCE TEST METHODS.

Unless another method is approved by the commissioner, any person required to submit

performance tests for a nitric acid production unit shall utilize the following test methods:

A. Method 1 for sample and velocity traverses;

B. Method 2 for velocity and volumetric flow rate;

C. Method 3 for gas analysis; and

D. Method 7 for the concentration of NO2.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.1725 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Special procedures. For Method 7, the same site shall be selected according

to Method 1 and the sampling point shall be the centroid of the stack or duct or at a point

no closer to the walls than 1 meter (3.28 feet). Each run shall consist of at least four grab

samples taken at approximately 15-minute intervals. The arithmetic mean of the samples shall

constitute the run value. A velocity traverse shall be performed once per run.

Acid production rate, expressed in metric tons per hour of 100 percent nitric acid, shall

be determined during each testing period by suitable methods and shall be confirmed by a

material balance over the production system.

For each run, nitrogen oxides, expressed in lb/ton of 100 percent nitric acid (kg/metric

ton), shall be determined by dividing the emission rate in lb/hr (kg/hr) by the acid production

rate. The emission rate shall be determined by the equation:

Qs x c = lb/hr (kg/hr)

where Qs = volumetric flow rate of the effluent in dscf/hr (dscm/hr), as determined in

accordance with part 7011.1720, item B, and c = NO2concentration in lb/dscf (kg/dscm), as

determined in accordance with part 7011.1720, item D.

Statutory Authority: MS s 116.07

History: 18 SR 614; 18 SR 1412
IRON AND STEEL PLANTS

7011.2000 DEFINITIONS.

Subpart 1. Scope. As used in parts 7011.2000 to 7011.2015, the following words shall

have the meanings defined herein.

Subp. 2. Basic oxygen process furnace. "Basic oxygen process furnace (BOPF)" means

any furnace producing steel by charging scrap metal, hot metal, and flux materials into a vessel

and introducing a high volume of an oxygen-rich gas.

Subp. 3. Steel production cycle. "Steel production cycle" means the operations required

to produce each batch of steel and includes the following major functions: scrap charging,

preheating (when used), hot metal charging, primary oxygen blowing, additional oxygen

blowing (when used), and tapping.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.2005 STANDARDS OF PERFORMANCE FOR IRON AND STEEL PLANTS.

No owner or operator of an iron and steel plant shall cause to be discharged into the

atmosphere from any basic oxygen process furnace any gases which contain particulate matter

in excess of 50 mg/dscm (0.022 gr/dscf).

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.2010 PERFORMANCE TEST METHODS.

Unless another method is approved by the agency, any owner or operator required to

submit performance tests for an iron and steel plant shall utilize the following test methods:

A. Method 1 for sample and velocity traverses;

B. Method 2 for volumetric flow rate;

C. Method 3 for gas analysis;

D. Method 5 for concentration of particulate matter and associated moisture content.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.2015 PERFORMANCE TEST PROCEDURES.

Subpart 1. In general. Performance tests shall be conducted according to the

requirements of this part and parts 7017.2001 to 7017.2060.

Subp. 2. Special procedures. In testing for the concentration of particulate matter

and the associated moisture content, the sampling for each run shall continue for an integral

number of steel production cycles with total duration of at least 60 minutes. The sampling

rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except that shorter sampling times, when

necessitated by process variables or other factors, may be approved by the agency. A cycle

shall start at the beginning of either the scrap preheat or the oxygen blow and shall terminate

immediately prior to tapping.
EMISSION STANDARDS FOR INORGANIC FIBROUS MATERIALS

7011.2100 DEFINITIONS.

Subpart 1. Scope. The following definitions of words and phrases are controlling for

purposes of parts 7011.2100 and 7011.2105.

Subp. 2. Inorganic fibrous material. "Inorganic fibrous material" means glass fibers,

glass wool, rock wool, and aluminum oxide fibers having a length-to-diameter ratio of equal to

or greater than three to one.

Subp. 3. Spraying. "Spraying" means an operation in which material is conveyed in the

form of, or by the means of, a fluid stream from an application device to a receiving surface.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7011.2105 SPRAYING OF INORGANIC FIBROUS MATERIALS.

The spraying on any portion of a building or structure open to the outdoor atmosphere of

any acoustical insulating, thermal insulating, or fireproofing product which does not contain

asbestos but which contains inorganic fibrous material shall occur only under the following

procedures:

A. The entire floor area where the spraying is to occur shall be enclosed with

plastic-coated tarpaulins or by other means in a manner which shall prevent the escape of

sprayed material from the enclosure. All interior areas, such as elevator shafts and stairwells,

shall be enclosed in a manner which shall prevent the escape of sprayed material from the

working area.

B. The entire area in which spraying has occurred, including all ledges, surfaces,

equipment, and protective tarpaulins within the enclosure, shall be thoroughly cleaned by

means of scraping, sweeping, vacuuming, or other acceptable methods upon completion of the

spraying operation and before the enclosure is dismantled; provided, however, that all such

cleaning procedures shall be followed by thorough vacuuming. The collected material shall

be placed in a sealed container or bag strong enough to resist breaking and tearing under

normal handling conditions and shall be transported directly to a disposal site approved by the

commissioner.

C. All areas for opening containers of the material to be sprayed and for loading the

material to be sprayed into hoppers, or other containers shall be enclosed in a manner which

shall prevent the escape of the material to be sprayed to the outdoor atmosphere.

Statutory Authority: MS s 116.07 subd 4

History: L 1987 c 186 s 15; 18 SR 614

7011.2200 [Repealed, 22 SR 1237]

7011.2205 [Repealed, 22 SR 1237]

7011.2210 [Repealed, 22 SR 1237]

7011.2215 [Repealed, 21 SR 693]

145
7011.2220 Subpart 1. [Repealed, 22 SR 1237]

Subp. 2. [Repealed, 22 SR 1237]

Subp. 3. [Repealed, 22 SR 1237]

Subp. 4. [Repealed, 21 SR 693]

STATIONARY INTERNAL COMBUSTION ENGINES

7011.2300 STANDARDS OF PERFORMANCE FOR STATIONARY INTERNAL

COMBUSTION ENGINES.

Subpart 1. Visible air contaminants. No owner or operator of any stationary internal

combustion engine shall cause or permit the emission of visible air contaminants from the

engine in excess of 20 percent opacity once operating temperatures have been attained.

Subp. 2. Sulfur dioxide. No owner or operator of any stationary internal combustion

engine shall cause to be discharged into the atmosphere from the engine any gases which

contain sulfur dioxide in excess of 0.5 pounds per million Btu actual heat input unless an

alternative limit is established in an air emission permit after demonstration through modeling

of compliance with the sulfur dioxide standards in part 7009.0080.

Subp. 3. Heat input. The actual heat input and rated heat input of an internal combustion

engine shall be determined in accordance with the provisions set forth in parts 7011.0500

to 7011.0550.

Statutory Authority: MS s 116.07

History: 18 SR 614; 22 SR 1237
CHAPTER 7017

MINNESOTA POLLUTION CONTROL AGENCY

MONITORING AND TESTING REQUIREMENTS

7017.0100 ESTABLISHING VIOLATIONS.

COMPLIANCE ASSURANCE MONITORING

7017.0200 INCORPORATION BY REFERENCE.

CONTINUOUS MONITORING SYSTEMS

7017.1002 DEFINITIONS.

7017.1004 APPLICABILITY.

7017.1006 REQUIREMENT TO INSTALL

MONITOR.

7017.1010 INCORPORATION OF FEDERAL

MONITORING REQUIREMENTS BY

REFERENCE.

7017.1020 CONTINUOUS EMISSION

MONITORING BY AFFECTED

SOURCES.

7017.1030 AGENCY ACCESS TO WITNESS OR

CONDUCT TESTS.

7017.1035 TESTING REQUIRED.

7017.1040 INSTALLATION REQUIREMENTS.

7017.1050 MONITOR CERTIFICATION AND

RECERTIFICATION TEST.

7017.1060 PRECERTIFICATION TEST

REQUIREMENTS.

7017.1070 CERTIFICATION TEST

PROCEDURES.

7017.1080 CERTIFICATION TEST REPORT

REQUIREMENTS.

7017.1090 MONITOR OPERATIONAL

REQUIREMENTS.

7017.1100 EVIDENCE OF NONCOMPLIANCE.

7017.1110 EXCESS EMISSIONS REPORTS.

7017.1120 SUBMITTALS.

7017.1130 RECORD KEEPING.

7017.1135 APPLICABILITY.

7017.1140 CEMS DESIGN REQUIREMENTS.

7017.1150 CEMS TESTING COMPANY

REQUIREMENT.

7017.1160 CEMS MONITORING DATA.

7017.1170 QUALITY ASSURANCE AND

CONTROL REQUIREMENTS FOR

CEMS.

7017.1180 QUALITY CONTROL

REPORTING AND NOTIFICATION

REQUIREMENTS FOR CEMS.

7017.1185 APPLICABILITY.

7017.1190 COMS DESIGN REQUIREMENTS.

7017.1200 COMS MONITORING DATA.

7017.1210 QUALITY ASSURANCE AND

CONTROL REQUIREMENTS FOR

COMS.

7017.1220 QUALITY ASSURANCE

AND CONTROL REPORTING

REQUIREMENTS FOR COMS.

PERFORMANCE TESTS

7017.2001 APPLICABILITY.

7017.2005 DEFINITIONS.

7017.2010 INCORPORATION OF TEST

METHODS BY REFERENCE.

7017.2015 INCORPORATION OF FEDERAL

TESTING REQUIREMENTS BY

REFERENCE.

7017.2018 SUBMITTALS.

7017.2020 PERFORMANCE TESTS GENERAL

REQUIREMENTS.

7017.2025 OPERATIONAL REQUIREMENTS

AND LIMITATIONS.

7017.2030 PERFORMANCE TEST PRETEST

REQUIREMENTS.

7017.2035 PERFORMANCE TEST REPORTING

REQUIREMENTS.

7017.2040 CERTIFICATION OF PERFORMANCE

TEST RESULTS.

7017.2045 QUALITY ASSURANCE

REQUIREMENTS.

7017.2050 PERFORMANCE TEST METHODS.

7017.2060 PERFORMANCE TEST

PROCEDURES.

7017.0100 ESTABLISHING VIOLATIONS.

1
Subpart 1. Definitions. For purposes of this part, the following terms have the meanings

given them:

A. "applicable requirement" has the meaning given in part 7007.0100, subpart 7; and

B. "compliance document" has the meaning given in part 7017.2005, subpart 2.

Subp. 2. Establishing violations. Notwithstanding any other provision of an applicable

requirement or compliance document, a violation of an applicable requirement or a compliance

document may be established based on:

A. any of the monitoring methods which the source is required to use by an

applicable requirement or compliance document; or

B. any other credible evidence.

Statutory Authority: MS s 116.07

History: 19 SR 1775

COMPLIANCE ASSURANCE MONITORING

7017.0200 INCORPORATION BY REFERENCE.

Code of Federal Regulations, title 40, sections 64.1 to 64.10, as amended, entitled

"Compliance Assurance Monitoring," are adopted and incorporated by reference.

Statutory Authority: MS s 116.07

History: 28 SR 1482

7017.1000 [Repealed, 23 SR 1764]

CONTINUOUS MONITORING SYSTEMS

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 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. 2. Calendar quarter. "Calendar quarter" means any of the following four time

periods during each year: January 1 to March 31; April 1 to June 30; July 1 to September

30; and October 1 to December 31.

Subp. 3. Certification test. "Certification test" means a test that includes all of the

procedures listed in the appropriate performance specifications in Code of Federal Regulations,

title 40, part 60, appendix B.

Subp. 4. Continuous emission monitoring system or CEMS. "Continuous emission

monitoring system" or "CEMS" has the meaning given in Code of Federal Regulations, title

40, part 60, appendix B, Performance Specification No. 2, section 2.1.

2
Subp. 5. Continuous opacity monitoring system or COMS. "Continuous opacity

monitoring system" or "COMS" has the meaning given in Code of Federal Regulations, title

40, part 60, appendix B, Performance Specification No. 1, section 2.1.

Subp. 6. Data point. "Data point" means the output recorded by a monitoring system

after one cycle of sampling and analyzing.

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. 8. Linearity check. "Linearity check" means a monitor audit procedure required

by the Acid Rain Program at Code of Federal Regulations, title 40, part 75, appendix A,

section 6.2.

Subp. 9. Monitor bypass or bypass. "Monitor bypass" or "bypass" means the diversion

of emissions from their normal route such that the required CEMS or COMS is not able to

sample the complete emissions stream.

Subp. 10. Monitor downtime. "Monitor downtime" means time periods when one or

more of the following are true, excluding periods of monitor bypass:

A. the CEMS is not meeting the minimum data availability requirements of part

7017.1160, subpart 2;

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.

Subp. 11. Out of control. "Out of control" has the following meanings:

A. for CEMS subject to the federal Acid Rain Program monitoring requirements, the

out of control definitions in Code of Federal Regulations, title 40, part 75.24, apply;

B. for CEMS which are not subject to Code of Federal Regulations, title 40, part

75, the out of control definitions in Code of Federal Regulations, title 40, part 60, appendix F,

sections 4.3.1 and 5.2. apply; and

C. for COMS, the beginning of the out of control period is the time corresponding to

the completion of a calibration error audit in which the calibration error exceeds three percent

of the average audit value. The end of the out of control period is the time corresponding to the

completion of the next calibration error audit in which the calibration error is three percent

or less of the average audit value.

Subp. 12. Recertification test. "Recertification test" means conducting a certification

test on a CEMS or COMS which has been previously certified. Recertification tests shall be

conducted according to the same procedures and are subject to the same requirements as

certification tests, except as noted in parts 7017.1004 to 7017.1220.

Statutory Authority: MS s 116.07

History: 23 SR 1764

3
7017.1004 APPLICABILITY.

Subpart 1. Applicability. Parts 7017.1002 to 7017.1220 apply to owners and operators

of emission facilities that are required by a compliance document, applicable requirement, or

order of the commissioner to operate a CEMS or COMS except as listed in items A to C.

A. If equivalent or more stringent requirements are mandated by a compliance

document, applicable requirement, or order of the commissioner, those requirements supersede

the corresponding requirements in parts 7017.1002 to 7017.1220.

B. CEMS or COMS required by Code of Federal Regulations, title 40, part 75,

which are only operated for the Acid Rain Program, Title IV of the Clean Air Act, are not

subject to parts 7017.1002 to 7017.1220, except for the incorporation by reference of federal

requirements in parts 7017.1010 to 7017.1020.

C. CEMS required by Code of Federal Regulations, title 40, part 75, which are also

required by a compliance document, applicable requirement, or order of the commissioner are

not subject to parts 7017.1050 to 7017.1070, 7017.1170, and 7017.1180, subpart 1.

Part 7017.1006 applies to any owner or operator of an emission facility. Parts 7017.1002

to 7017.1130 apply to both CEMS and COMS. Parts 7017.1135 to 7017.1180 apply to CEMS

only. Parts 7017.1185 to 7017.1220 apply to COMS only.

Subp. 2. Transition to new rule. Parts 7017.1002 to 7017.1220 supersede the

requirements of those parts of air emission permits issued by the agency, prior to March 8,

1999, entitled Exhibit B, "Continuous Emission Monitoring Systems (CEMS)," and Exhibit G,

"Quality Assurance Program for Continuous Emission Monitors."

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1006 REQUIREMENT TO INSTALL MONITOR.

The owner or operator of any emission facility, whether or not a CEMS or COMS is

required by another part, may be required to install and operate a CEMS or COMS, upon

order of the commissioner, if the commissioner finds that other methods of measurement or

calculation do not provide adequate information on the level or variation of emissions to assure

compliance with a compliance document or applicable requirement or to reliably estimate

whether the emissions may pose a threat to public health or the environment.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1010 INCORPORATION OF FEDERAL MONITORING REQUIREMENTS

BY REFERENCE.

Subpart 1. New source performance standards. The following regulations are adopted

and incorporated by reference:

A. Code of Federal Regulations, title 40, part 60.13, as amended, entitled

"Monitoring Requirements";

4
B. Code of Federal Regulations, title 40, part 60, Appendix B, as amended, entitled

"Performance Specifications"; and

C. Code of Federal Regulations, title 40, part 60, Appendix F, as amended, entitled

"Quality Assurance Procedures."

Subp. 3. Submission to commissioner. All requests, reports, applications, and other

communications to the administrator pursuant to subparts 1 and 2 must be submitted to the

commissioner.

Statutory Authority: MS s 116.07

History: 18 SR 580; 20 SR 2254(NO. 42); 23 SR 1764

7017.1020 CONTINUOUS EMISSION MONITORING BY AFFECTED SOURCES.

Affected sources, as defined in part 7007.0100, subpart 4, shall comply with Code of

Federal Regulations, title 40, part 75, as amended, entitled "Continuous Emission Monitoring,"

which is adopted and incorporated by reference.

Statutory Authority: MS s 116.07

History: 19 SR 1666

7017.1030 AGENCY ACCESS TO WITNESS OR CONDUCT TESTS.

Upon request of the agency or the commissioner, the owner or operator of an emission

facility shall allow the agency or any authorized employee or agent of the agency to enter

upon the premises of the owner or operator for the purposes of conducting or witnessing any

of the following activities:

A. certification tests;

B. relative accuracy test audits;

C. cylinder gas audits;

D. linearity checks;

E. calibration error audits; and

F. daily calibration drift checks.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1035 TESTING REQUIRED.

The owner or operator of an emission facility shall arrange to conduct a relative accuracy

test audit, cylinder gas audit, or calibration error audit as required to determine the accuracy of

a continuous monitoring system at times requested by the commissioner.

Statutory Authority: MS s 116.07

5
History: 23 SR 1764

7017.1040 INSTALLATION REQUIREMENTS.

Subpart 1. Notification of installation. The owner or operator of any facility that

intends to install a CEMS or COMS shall notify the commissioner at least 60 days prior to

installation of the monitoring system. The notification shall include plans and drawings of

the proposed system which show the configuration of the monitoring system including any

monitor bypass routes.

Subp. 2. Representative location. A CEMS or COMS shall be installed in a location

that provides data which is representative of emissions and which is in accordance with

the requirements listed in the appropriate performance specifications in Code of Federal

Regulations, title 40, part 60, appendix B. If the monitoring system is required by the Acid

Rain Program, Title IV of the Clean Air Act, it must be installed according to the installation

requirements of Code of Federal Regulations, title 40, part 75.

Subp. 3. Combined or separated emissions. When the emissions from two or more

emission units are subject to the same emission limit and are combined before being released to

the atmosphere, the owner or operator may install a CEMS or COMS on each emission unit or

may elect to monitor the combined emission stream of the emission units. When two or more

emission units required to be monitored with a CEMS or COMS are not subject to the same

emission limit, a separate CEMS or COMS shall be installed on each emission unit, except in

cases where an extractive CEMS or COMS is time-shared between the emission units. When

the effluent from one emission unit can be released to the atmosphere through more than one

point, the owner or operator shall install a CEMS or COMS on each separate emission stream

unless the installation of fewer systems is approved in writing by the commissioner.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1050 MONITOR CERTIFICATION AND RECERTIFICATION TEST.

Subpart 1. Certification time frame. The owner or operator must conduct and complete

certification testing within 90 days after the due date of the first excess emissions report

required for the CEMS or COMS. This subpart does not require a recertification test of a

previously certified continuous monitoring system, unless the monitor has undergone a change

which invalidates its certification.

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:

A. replacement of the analyzer;

B. change in location or orientation of the sampling probe or site;

C. modification to the flue gas handling system which changes its flow

characteristics; or

D. a change that in the commissioner's judgment significantly affects the ability of

the system to measure or record the pollutant concentration, volumetric gas flow, or opacity.

6
Subp. 3. Changes to a CEMS or COMS which do not invalidate certification. The

following changes to a monitoring system do not invalidate certification and do not require a

recertification test:

A. routine or normal corrective maintenance;

B. replacement of parts on the manufacturer's recommended spare parts list; or

C. software modifications in the automated data acquisition and handling system,

where the modification is only for the purpose of generating additional or modified reports.

Subp. 4. Notification of changes requiring recertification. The owner or operator

shall notify the commissioner in writing prior to making any planned changes which may

invalidate the certification status of a CEMS or COMS. If the change was unforeseen, the

owner or operator shall notify the commissioner in writing within two working days after

making the change.

Subp. 5. Deadline for recertification. The owner or operator of a CEMS or COMS shall

conduct a recertification test on a monitoring system within 90 days of completion of any

change which invalidates the monitor's certification status.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1060 PRECERTIFICATION TEST REQUIREMENTS.

Subpart 1. Certification test plan required. Prior to a certification test, the owner or

operator of the emission facility shall develop and submit to the commissioner a test plan

which contains all of the information required in subpart 2. The certification test plan must be

postmarked or received at least 30 days before the certification test date. No certification test

may be conducted until a test plan has been submitted and approved by the commissioner.

Subp. 2. Certification test plan contents. The test plan must be submitted in the

following format and include the elements in items A and B:

A. General requirements:

(1) name and address of emission facility;

(2) name, title, and telephone number of contact person at facility;

(3) permit number or name and data of applicable compliance document

requiring test;

(4) statement of whether the test is an initial certification or a recertification;

(5) drawing of the monitoring system which indicates the location of the

reference method ports and monitoring system probe location in relation to the nearest flow

disturbances both upstream and downstream of the monitoring system as well as any monitor

bypass routes;

(6) make, model, and serial number of the monitor and data recording system;

(7) name and telephone number of testing company; and

(8) planned certification test date.

B. Testing procedures and operating conditions:

7
(1) a list of the performance specifications from Code of Federal Regulations,

title 40, part 60, appendix B, which will be followed during the test;

(2) any fuel F-factors to be used;

(3) a list of the reference methods from Code of Federal Regulations, title 40,

part 60, appendix A, which will be followed during the test;

(4) the units of measurement under which the monitor will be certified, for

example, lb/hr, ppm, lb/MMBtu;

(5) the monitoring system's span, range, and calibration levels; and

(6) the planned emission unit operating range, for example, heat input, steam

output, during the certification test.

Subp. 3. Certification pretest meeting. The owner or operator of the emission facility

shall schedule a meeting with the agency to discuss the details of the proposed certification

test. The meeting may be conducted in person or by a telephone conference call. When

requested by the commissioner or the owner or operator, an in-person pretest meeting, held

at the agency office between authorized employees of the agency and the owner is required.

The pretest meeting shall be held at least seven days prior to the certification test date except

that a shorter time shall be allowed upon commissioner approval. The commissioner may

reject the results of a certification test if the owner or operator of the emission facility refused

to participate in a pretest meeting.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1070 CERTIFICATION TEST PROCEDURES.

Subpart 1. Certification test procedure. A CEMS or COMS must be certified according

to the appropriate performance specifications listed in Code of Federal Regulations, title 40,

part 60, appendix B. The certification test shall also be conducted in accordance with the

certification test plan approved by the commissioner.

Subp. 2. Determination of certification acceptance. A CEMS or COMS is considered

certified only after the complete certification test report has been submitted to the commissioner

and the commissioner gives written determination of certification. The commissioner

shall provide a determination of certification acceptance if the commissioner finds that the

requirements of parts 7017.1060 to 7017.1080 have been met. Upon the commissioner's

determination of certification acceptance, the duration of the CEMS or COMS certification

status retroactively begins with the completion date of the successful certification test.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1080 CERTIFICATION TEST REPORT REQUIREMENTS.

Subpart 1. Report required. The owner or operator of the emission facility shall prepare

and submit a certification test report to the commissioner. A report must be submitted for any

certification test that was required, whether or not the test data indicate compliance with the

8
appropriate performance specifications, and whether or not the test was completed according

to the approved test plan.

Subp. 2. Report submittal deadline. The certification test report must be postmarked

or received within 45 days following completion of the certification test unless an alternate

schedule is given in the applicable compliance document.

Subp. 3. Microfiche submittal deadline. The owner or operator of the emission facility

shall submit a microfiche copy of the certification test report to be postmarked or received

within 105 days following completion of the certification test. A cover letter which certifies

that the microfiche is an exact and complete copy of the original test report must be submitted

with the microfiche copy of the test report.

Subp. 4. Report contents. Each certification test report shall contain the following

information and be in the format shown in items A to D:

A. Introduction:

(1) name and address of the emission facility;

(2) facility permit identification number and the date and title of the

compliance document which required the certification test;

(3) date or dates of the test;

(4) name and address of the independent testing company; and

(5) signed and dated certification statement as listed in part 7017.2040,

subparts 1 to 5.

B. General information:

(1) identification of emissions units and pollutants being monitored;

(2) make, model, and serial number of monitoring system;

(3) indication of whether certification is initial certification or recertification;

(4) names and titles of testing and facility personnel who conducted or

assisted with the test; and

(5) drawing of monitoring system probe location for extractive systems, or

monitor location for in situ systems, showing its relationship to the nearest flow disturbances

both up and downstream of the probe.

C. Test results: a summary table which compares the certification test results to the

standards in the applicable performance specifications of Code of Federal Regulations, title

40, part 60, appendix B.

D. Testing procedures:

(1) list of test methods and performance specifications followed during

the certification test;

(2) list of mathematical equations used to calculate values in the report;

(3) copies of field data; and

(4) description of any departures from the approved reference test methods

of performance specifications requirements.

Statutory Authority: MS s 116.07

9
History: 23 SR 1764

7017.1090 MONITOR OPERATIONAL REQUIREMENTS.

Subpart 1. Continuous operation. A CEMS or COMS must be operated and data

recorded during all periods of emission unit operation including periods of emission unit

start-up, shutdown, or malfunction. This requirement to operate the monitor applies whether or

not a numerical emission limit applies during these periods. A CEMS or COMS must not be

bypassed except in emergencies where failure to bypass the CEMS or COMS would endanger

human health, safety, or plant equipment.

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:

A. damage to the monitoring system due to acts of God such as lightning strikes,

tornadoes, or floods which render the monitor inoperative;

B. sudden and not reasonably preventable monitor breakdowns;

C. scheduled monitor maintenance based on equipment manufacturer's

recommended maintenance schedule which cannot reasonably be conducted when the emission

unit is not operating; or

D. unavoidable monitor downtime in order to conduct daily drift checks; calibration

error audits, relative accuracy test audits, linearity checks, and cylinder gas audits which are

required by a compliance document, applicable requirement, or by request of the commissioner.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1100 EVIDENCE OF NONCOMPLIANCE.

Data collected from a CEMS or COMS that is not in compliance with parts 7017.1002

to 7017.1220 may still be used in establishing violations under part 7017.0100 if the data

represent credible evidence of such violations.

Statutory Authority: MS s 116.07

History: 23 SR 1764

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 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

the information in items A to C.

A. Excess emissions:

10
(1) the date and time of commencement and completion of each period of

excess emissions recorded by the CEMS, COMS, or approved alternative monitoring system

including excess emissions even if they occurred during periods when the numerical emission

limit was not in effect; for example, periods of excess emissions during periods of start-up,

shutdown, and malfunction which are allowed by the applicable regulation;

(2) the cause of the excess emissions;

(3) the magnitude of the excess emissions and any conversion factor used to

calculate the excess emissions; and

(4) the corrective action taken or preventive measures taken by the facility in

response to the excess emissions.

B. Monitor downtime:

(1) the date and time of commencement and completion of each period of

monitor downtime;

(2) identification of the cause of each period of monitor downtime, including

periods of acceptable monitor downtime; and

(3) the corrective action taken or preventive measures adopted to stop or

reduce monitor downtime.

C. Monitor bypass periods:

(1) the dates and times of commencement and completion of each period

where emissions are generated but the monitor was bypassed;

(2) identification of the cause of each period of monitor bypass; and

(3) the corrective action taken or preventive measures adopted to stop or

reduce monitor bypasses.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1120 SUBMITTALS.

Subpart 1. Address. All submittals required under parts 7017.1002 to 7017.1220 shall be

sent to: Continuous Emissions Monitoring System Specialist, Minnesota Pollution Control

Agency, 520 Lafayette Road, St. Paul, Minnesota 55155-4194.

Subp. 2. Alternate format. The commissioner shall accept paper, hard copy submittals.

Submittals shall also be accepted in an alternate format such as electronic mail, computer disk,

facsimile, or CD-ROM, provided that the commissioner has given prior approval for the use of

the alternate delivery method or medium.

Subp. 3. Date. Submittals must be postmarked or received by the date specified in the

applicable compliance document.

Subp. 4. Certification. All submittals, except for certification test-plans and relative

accuracy test audits notifications, must be accompanied by a certification statement signed by a

responsible official, pursuant to part 7007.0500, subpart 3. When a submittal required to be

certified has been made by electronic mail or facsimile, a signed certification clearly indicating

the submittal to which it applies shall be mailed or delivered to the agency, postmarked, or

received within five days of the electronic mail or facsimile. When a submittal required to

11
be certified is made by CD-ROM or computer disk, it shall be accompanied by a signed

certification clearly indicating the submittal to which it applies.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1130 RECORD KEEPING.

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 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.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1135 APPLICABILITY.

Parts 7017.1140 to 7017.1180 apply only to CEMS.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1140 CEMS DESIGN REQUIREMENTS.

A CEMS shall be designed to complete a minimum of one cycle of sampling, analyzing,

and data recording in each 15-minute period.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1150 CEMS TESTING COMPANY REQUIREMENT.

The following CEMS tests shall be conducted by an independent testing company:

A. relative accuracy test audits; and

B. the relative accuracy testing portion of any certification test.

Statutory Authority: MS s 116.07

History: 23 SR 1764

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

12
document requires more frequent averaging. Each hourly average starts at the beginning of the

hour and ends at the beginning of the following hour.

Subp. 2. Minimum data points. In order for an hour of data to be considered valid, it

must contain the following minimum number of data points during the hour:

A. four data points, equally spaced, if the emission unit operated during the entire

hour;

B. two data points, at least 15 minutes apart, during periods of monitor calibration,

and periods of time to conduct quality control audits or routine maintenance; and

C. one data point if the emission unit operated for 15 minutes or less during the hour.

Subp. 3. Data reduction procedures. Monitoring data shall be recorded in the same

units of measurement and averaging period as the facility's emission standard.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1170 QUALITY ASSURANCE AND CONTROL REQUIREMENTS FOR CEMS.

Subpart 1. Exclusion from applicability. The owner or operator of a CEMS may submit

to the commissioner a notification of exclusion from the applicability of the requirements of

subparts 4 and 5 if the actual emissions of the emission unit or units being monitored by the

CEMS are less than ten tons per year or if the emission unit or units being monitored by the

CEMS operates less than 120 hours per quarter. Facilities with CEMS utilizing this exclusion

shall comply with the following alternative quality assurance and control audit procedure:

A. conduct a minimum of one cylinder gas audit annually, except that during

calendar years in which a relative accuracy test audit (RATA) is performed on the CEMS

no CGA is required; and

B. conduct a minimum of one RATA every five calendar years.

The owner or operator of a CEMS that has utilized an exclusion under this subpart shall

submit notification with the following quarterly excess emissions report, in the event that the

conditions which made the CEMS eligible for the exclusion no longer apply. No exclusion

under this subpart affects the owner's or operator's obligation to comply with similar quality

assurance provisions that may be imposed under other applicable requirements or compliance

documents.

Subp. 2. Quality assurance plan required. The owner or operator of the facility shall

develop and implement a written quality assurance plan that covers each CEMS. The plan shall

be on site and available for inspection within 60 days after March 8, 1999, or within 30 days

after monitor certification, whichever is later. The plan shall be revised as needed in order to

keep it up to date with the facility's current policies and procedures. The plan shall contain

all of the information required by Code of Federal Regulations, title 40, part 60, appendix

F, section 3. The plan shall include the manufacturer's spare parts list for each CEMS and

require that those parts be kept at the facility unless the commissioner gives written approval to

exclude specific spare parts from the list. The commissioner may approve requested exclusions

if the commissioner determines that it is not reasonable to keep a specific part on site after

consideration of the consequences of a malfunction of the part, the likelihood of a malfunction,

the time required to obtain the part, and other pertinent factors.

13
Subp. 3. Daily calibration drift assessment and adjustment. The facility owner or

operator shall conduct daily calibration drift assessments and make adjustments as needed

according to the procedure listed in items A and B and Code of Federal Regulations, title 40,

section 60.13(d)(1), for each pollutant concentration and diluent monitor. The calibration

drift assessment shall be conducted on each monitor range. The span value specified in the

applicable requirement or compliance document shall be used to determine the zero and span

calibration points. If no span value is specified in the applicable requirement or compliance

document, the owner or operator shall use a span value equivalent to 1.5 times the emission

limit.

A. For an extractive CEMS, minimum drift assessment procedures shall include

introducing applicable zero and span gas mixtures into the measurement system as near the

probe as is practical. Gases within ± two percent of tag value shall be used to perform the span

(upscale) drift assessment. The span and zero gas mixtures shall be the same composition as

specified in the applicable performance specification.

B. For a nonextractive, in situ CEMS, minimum drift assessment procedures shall

include upscale checks using a certified calibration gas cell or test cell which is functionally

equivalent to a known gas concentration. The zero check may be performed by computing the

zero value from upscale measurements or by mechanically producing a zero condition.

Subp. 4. Semiannual cylinder gas audit (CGA). The facility owner or operator shall

conduct a CGA on each concentration and diluent monitor on each CEMS. The CGA must

be conducted on each monitor range. A CGA is required at least once every calendar half

year, except that a CGA is not required during any calendar half year in which a RATA was

performed on the CEMS. The initial CGA must be completed within 180 days following

March 8, 1999, for CEMS which were certified prior to that date or within 180 days following

certification of the CEMS for CEMS which are certified on or after that date. The CGA's

shall be conducted at least three months apart but no more than eight months apart. A CGA

shall be conducted according to the procedures in Code of Federal Regulations, title 40, part

60, appendix F, section 5.1.2. If the monitored emission unit was operated for less than 24

hours during the calendar half year, a CGA is not required on that CEMS during that calendar

half year.

Subp. 5. Relative accuracy test audits (RATA). An initial relative accuracy test audit

(RATA) shall be completed on each CEMS within 365 days following March 8, 1999, for

CEMS which are certified prior to that date or within 365 days following certification of the

CEMS for CEMS which are certified on or after that date. An additional RATA is required on

each CEMS periodically according to items A and B.

A. A RATA is required on each monitor range, every calendar year, with the

following exceptions:

(1) a RATA is not required in any calendar year if a RATA conducted in

the previous year, for that CEMS, demonstrated a relative accuracy value of less than 15

percent; and

(2) a RATA is not required on any monitor whose associated emission unit

operated less than 48 hours during the calendar year.

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If the facility uses either of the exceptions in subitem (1) or (2), the next RATA shall be

conducted during the first half of the following calendar year.

B. RATA's shall be conducted at least three months apart and according to the

procedures in Code of Federal Regulations, title 40, part 60, appendix F, section 5.1.1.

Subp. 6. Criteria for excessive CEMS audit inaccuracy. The criteria for excessive

inaccuracy are:

A. for RATA's, the relative accuracy value specified in the appropriate Performance

Specification of Code of Federal Regulations, title 40, part 60, appendix B; and

B. for CGA's, the average audit value must be within 15 percent of the cylinder

gas value or five ppm, whichever is greater.

Subp. 7. Calibration gases. Gas mixtures must not be used after the manufacturer's

certification expiration data. The expiration date must be clearly labeled on the container of

each gas.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1180 QUALITY CONTROL REPORTING AND NOTIFICATION

REQUIREMENTS FOR CEMS.

Subpart 1. Cylinder gas audit summary. A cylinder gas audit summary must be

submitted on a form approved by the commissioner within 30 days following the end of

the calendar quarter in which the audit was completed. Any such form provided by the

commissioner shall only seek information relevant to the cylinder gas audit.

Subp. 2. Relative accuracy test audit notification. The owner or operator shall notify

the commissioner in writing at least 30 days prior to conducting any relative accuracy test audit.

The notification may be made by facsimile, mail, electronic mail, or hand-delivered document.

Subp. 3. Relative accuracy test audit summary. A relative accuracy test audit

summary report must be submitted on a form approved by the commissioner within 30

days following the end of the calendar quarter in which the relative accuracy test audit was

conducted. Any such form provided by the commissioner shall only seek information relevant

to the relative accuracy test audit.

Subp. 4. Linearity check results summary. Facilities subject to Code of Federal

Regulations, title 40, part 75, shall submit a linearity check summary within 30 days following

the end of the calendar quarter in which the linearity check was conducted on a form

approved by the commissioner. Any such form provided by the commissioner shall only seek

information relevant to the linearity check.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1185 APPLICABILITY.

Parts 7017.1190 to 7017.1220 apply only to COMS.

Statutory Authority: MS s 116.07

History: 23 SR 1764

15
7017.1190 COMS DESIGN REQUIREMENTS.

A COMS must be designed to complete a minimum of one cycle of sampling and analyzing

in each successive ten-second period and one cycle of data recording each one-minute period.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1200 COMS MONITORING DATA.

Subpart 1. Averaging periods. All COMS data must be reduced to six-minute averages.

Subp. 2. Data points. Compliance must be calculated from all data points collected in

the averaging period by the COMS. A six-minute average is valid only if it contains data from

at least five of the minutes within the averaging period.

Subp. 3. Opacity data reduction procedures. Six-minute opacity averages must be

calculated as follows: each one-minute period, the one-minute average opacity value must

be determined by summing the opacity values of the individual data points collected by the

COMS and dividing that sum by the number of data points collected. This is the one-minute

average opacity value. Next, the sum of the individual one-minute averages in the applicable

averaging period must be determined and divided by the number of one-minute averages taken.

The resulting average must be rounded to the nearest one percent opacity. The resulting value

is the six-minute opacity average that shall be recorded by the monitoring system. There are

ten individual six-minute averaging periods in each hour. The first six-minute period starts at

the beginning of the clock hour and ends at the beginning of minute six of the clock hour. The

second six-minute period immediately follows the first, and the pattern continues through the

last of the ten six-minute periods in a clock hour.

Subp. 4. Opacity exceedance. An opacity exceedance has occurred if, having taken

any allowable excursions into account, any six-minute average exceeds the applicable opacity

standard. Exceedances must be expressed as the number of nonoverlapping six-minute

averages that exceeded the standard.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.1210 QUALITY ASSURANCE AND CONTROL REQUIREMENTS FOR COMS.

Subpart 1. Quality assurance plan requirement. The owner or operator of the facility

shall develop and implement a written quality assurance plan which covers each COMS. The

plan shall be on site and available for inspection within 60 days after March 8, 1999, or within

30 days after monitor certification, whichever is later. The plan shall be revised as needed in

order to keep it up to date with the facility's current policies and procedures. The plan shall

contain written procedures which should describe in detail complete, step-by-step procedures

and operations for each of the following activities:

A. calibration of a COMS;

B. drift determination and adjustment of a COMS;

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C. preventative maintenance of the COMS, including the manufacturer's spare parts

list for each COMS, and require that these parts be kept at the facility unless the commissioner

gives written approval to exclude specific spare parts from the list. The commissioner may

approve requested exclusions if the commissioner determines that it is not reasonable to keep a

specific part on site after consideration of the consequences of a malfunction of the part, the

likelihood of a malfunction, the time required to obtain the part, and other pertinent factors;

D. data recording, calculations, and reporting;

E. accuracy audit procedures; and

F. program for corrective actions for a malfunctioning COMS.

Subp. 2. Daily calibration drift assessments and monitor adjustments. The owner

or operator of a COMS shall conduct a daily zero and upscale calibration drift assessment

and adjustments according to the requirements of Code of Federal Regulations, title 40, part

60.13(d)(2). The zero and upscale calibration levels must be determined by using the span

value specified in the applicable requirement. If the applicable requirement does not specify a

span value, a span value of 60, 70, or 80 percent opacity must be used unless an alternative

span value is approved by the commissioner.

Subp. 3. Semiannual calibration error audit. An initial calibration error audit must

be completed on each COMS within 180 days following March 8, 1999, for a COMS which

is certified prior to that date, or within 180 days following certification of the COMS for

a COMS which is certified on or after that date. An additional calibration error audit is

required on each COMS semiannually, and at least three months apart, but no more than

eight months apart, except that a calibration error audit need not be conducted during any

semiannual period in which the emission unit operated less than 24 hours. The calibration

error audit shall be conducted according to the procedures in Code of Federal Regulations,

title 40, part 60, appendix B, Performance Specification No. 1, section 7.1.4. The calibration

attenuators (i.e. neutral density filters) shall be selected according to the procedure in section

7.1.2. of Performance Specification No. 1 unless the commissioner determines that other

attenuator values are needed to properly measure the accuracy of the monitor because the

pertinent opacity limit is unusually high or low. In that case, the commissioner shall specify

the appropriate neutral density filter values. The equations contained in Code of Federal

Regulations, title 40, part 60, appendix B, Performance Specification No. 1, section 8, shall

be used to calculate a COMS audit result. A COMS calibration error audit result shall not

exceed three percent opacity.

Subp. 4. Attenuator calibration. The owner or operator shall have an independent

testing company conduct calibrations of each of the neutral density filters used in the

calibration error audit according to the procedure in Code of Federal Regulations, title 40, part

60, appendix B, section 7.1.3., within the time frame of opacity stability guaranteed by the

attenuator manufacturer. The manufacturer's guarantee of stability shall be on site available

for inspection.

Statutory Authority: MS s 116.07

History: 23 SR 1764

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7017.1220 QUALITY ASSURANCE AND CONTROL REPORTING

REQUIREMENTS FOR COMS.

A summary of the results of each COMS calibration error audit must be submitted on a

form approved by the commissioner within 30 days following the end of the calendar quarter

in which the audit was completed. Any such form provided by the commissioner shall only

seek information relevant to the COMS calibration error audit.

Statutory Authority: MS s 116.07

History: 23 SR 1764

7017.2000 [Repealed, 18 SR 1412]

PERFORMANCE TESTS

7017.2001 APPLICABILITY.

Subpart 1. Applicability. For the purpose of conducting a performance test as required

by an applicable requirement or compliance document or as a data submittal engineering

test, parts 7017.2001 to 7017.2060 apply unless more stringent requirements or equivalent

procedures are mandated by an applicable requirement or compliance document. However, for

the purpose of conducting a data submittal engineering test, part 7017.2025 does not apply

and the operating conditions for the test shall be defined in the test plan. If the commissioner

determines that a data submittal engineering test was not conducted at appropriate operating

conditions for the type of data submittal, the commissioner shall declare the results invalid

for their intended purpose unless the results can be adjusted and made representative using a

scaling factor or engineering judgment or, in the case of a permit application, the permit

contains an operating limit based on the tested conditions.

Subp. 2. Transition to new rule. Parts 7017.2001 to 7017.2060 supersede the

requirements of Exhibit C, entitled "Performance Test Procedures" as attached to air emission

permits issued by the agency prior to November 1, 1993. For performance tests required by

permits issued prior to November 1, 1993, if the commissioner cannot establish worst case

operating conditions under part 7017.2025, subpart 2, operating conditions for the performance

test shall be defined in the test plan. In this situation, if the performance test demonstrates

compliance, then part 7017.2025, subpart 3, item B, applies.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145

7017.2005 DEFINITIONS.

Subpart 1. Scope. For the purposes of parts 7017.2001 to 7017.2060, the definitions

given in part 7005.0100 shall apply unless otherwise defined in this part.

Subp. 1a. Applicable requirement. "Applicable requirement" has the meaning given in

part 7007.0100, subpart 7.

Subp. 2. Compliance document. "Compliance document" means a permit, stipulation

agreement, administrative penalty order, administrative order, compliance agreement, schedule

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of compliance, consent order, consent decree, or variance issued by the agency or EPA to

control air pollution.

Subp. 2a. Data submittal engineering test. "Data submittal engineering test" means

a performance test that is conducted voluntarily by the owner or operator of the emission

facility for the purpose of submitting the results to support a permit application, emission

inventory submittal, or any other type of data submittal. This does not include voluntary retests

conducted following a failure to demonstrate compliance or performance tests conducted

voluntarily in order to relax an operating limit in accordance with part 7017.2025, subpart 3b.

Subp. 3. Federal regulation. "Federal regulation" means any regulation promulgated by

EPA under the Clean Air Act, United States Code, title 42, section 7401, et seq.

Subp. 4. Performance test. "Performance test" means the quantification of emissions or

determination of the physical, chemical, or aesthetic properties of those emissions from an

emissions unit by means of conducting one or more test runs at an emission facility. When

requested or approved by the commissioner, a performance test includes the determination of

capture efficiency, collection efficiency, control efficiency, or destruction efficiency associated

with a hood or emissions unit or control device. The terms "capture efficiency," "collection

efficiency," "control efficiency," "destruction efficiency," and "hood" have the meanings

given in part 7011.0060.

Subp. 5. Test plan. "Test plan" means the document which describes the objectives of a

performance test, how the emissions unit will be operated during the performance test, how

operating conditions will be monitored and recorded, which test methods will be used, and any

other specific requirements of the applicable requirement or compliance document.

Subp. 6. Test run. "Test run" means the procedure for sampling or analyzing emissions

during a performance test at or before the emission point of an emissions unit over a defined

length of time at specified operating conditions.

Subp. 7. Testing company. "Testing company" means a corporation, partnership, or

sole proprietorship that conducts performance tests as a normal part of its business activities

and that is not the owner or operator of the emission facility or a subsidiary, division, or

subdivision of the owner or operator of the emission facility.

Subp. 8. Worst case conditions. "Worst case conditions" means the mode of operation

of an emissions unit, including the air pollution control equipment, that is allowed under the

applicable requirement or compliance document and which is known, through performance test

data or mass balance calculation, to give the highest emission rate for an air pollutant within

the allowed range of operating conditions. The type of operating conditions included in this

definition shall be limited to the process or operating rate and any operational parameters that

are regulated by the applicable requirement or compliance document.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145; 23 SR 1764; 32 SR 904

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7017.2010 INCORPORATION OF TEST METHODS BY REFERENCE.

For the purpose of parts 7017.2020 to 7017.2060, the documents in items A to D are

incorporated by reference. These documents are subject to frequent change.

A. Code of Federal Regulations, title 40, part 60, Appendix A, as amended, entitled

"Appendix A - Test Methods."

B. Code of Federal Regulations, title 40, part 63, Appendix A, as amended, entitled

"Appendix A to Part 63 - Test Methods."

C. Code of Federal Regulations, title 40, part 61, Appendix B, as amended, entitled

"Appendix B - Test Methods."

D. Code of Federal Regulations, title 40, part 51, Appendix M, as amended, entitled

"Appendix M to Part 51 - Recommended Test Methods for State Implementation Plans."

Statutory Authority: MS s 116.07

History: 18 SR 1412; 20 SR 2254(NO. 42)

7017.2015 INCORPORATION OF FEDERAL TESTING REQUIREMENTS BY

REFERENCE.

Subpart 1. Applicability. Subparts 1 to 4 apply to the owner or operator of an emission

facility, emissions unit, or stationary source subject to New Source Performance Standards and

National Emission Standards for Hazardous Air Pollutants.

Subp. 2. New source performance standards. The following are adopted and

incorporated by reference:

A. Code of Federal Regulations, title 40, section 60.8, as amended, entitled

"Performance Tests," except that decisions made by the administrator under Code of Federal

Regulations, title 40, sections 60.8(b)(2) and 60.8(b)(3), are not delegated to the commissioner

and must be made by the administrator.

B. Code of Federal Regulations, title 40, section 60.11, as amended, entitled

"Compliance with Standards and Maintenance Requirements," except that decisions made

under Code of Federal Regulations, title 40, section 60.11(e), are not delegated to the

commissioner and must be made by the administrator.

Subp. 4. Document submission. All requests, reports, applications, submittals, and

other communications to the administrator pursuant to subparts 2 and 3 must be submitted to

the person identified in part 7017.2018, except that for those sections identified in this part
as not delegated to the commissioner, the request, report, application, or submittal must be

submitted to the EPA administrator.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 20 SR 2254(NO. 42); 23 SR 145

7017.2018 SUBMITTALS.

All notifications, applications, or submittals required under parts 7017.2015 to 7017.2060

shall be sent to the Supervisor, Compliance/Enforcement Unit, Majors and Remediation

Division, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, Minnesota

55155-4194.

The performance test report required by parts 7017.2025, subpart 4, item A, subitem

(3), and 7017.2035, subpart 2, shall be submitted as a bound, paper copy with the signed

certification statements required by part 7017.2040. However, as an alternative to the

microfiche copy of the performance test report, the commissioner shall accept the submittal in

a format such as computer disk or CD-ROM, provided that the commissioner has given prior

approval for the use of the alternative format in order that compatibility between the software

and hardware configurations of the agency and the owner or operator of the emission facility

can be assured. Similarly, performance test notifications and test plans shall be accepted in

the type of format referenced above or by electronic mail subject to the commissioner's prior

approval as described above.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145; 28 SR 1482

7017.2020 PERFORMANCE TESTS GENERAL REQUIREMENTS.

Subpart 1. Testing required. The owner or operator of an emission facility shall arrange

to conduct a performance test at any emission facility at the times required by an applicable

requirement or compliance document and at additional times if the commissioner requests a

performance test in order to:

A. evaluate a permit application;

B. determine compliance with an applicable requirement or compliance document;

C. determine compliance subsequent to a performance test that indicated

noncompliance or where compliance could not be determined due to errors in following a test

method, lack of or inaccurate documentation, or because the requirements of parts 7017.2001

to 7017.2060 were not met;

D. determine the compliance status of an emission facility following an inspection

of the facility by agency staff during which indicators of noncompliance were found;

E. determine the compliance status of an emission facility following a modification

to the emission facility that the commissioner determines could cause an increase in the

amount of emissions of any air pollutant from that facility; or

F. quantify the emissions from an emission facility where the commissioner has

determined a possible environmental or public health concern.

EPA may request a performance test under this part for the reasons listed in items A to F

and may make the decisions that the commissioner makes under parts 7017.2001 to 7017.2060

and any other Minnesota rule or statute for that performance test. EPA's authority to require

21
performance testing under its own regulations or under the Clean Air Act is not affected by

this part.

Subp. 2. Testing company. The performance test shall be conducted by a testing

company unless a compliance document allows the owner or operator to conduct the

performance test or to contract with an alternative entity that does not meet the criteria of the

definition of testing company, or unless the agency, EPA, or any authorized employee or agent

of the agency or EPA is conducting the performance test.

Subp. 3. Safety and access. The owner or operator of the emission facility shall provide

a safe working platform and safe access to the platform at the sampling site.

Subp. 4. Verification of test results. The results of a performance test are not final until

a complete report, as defined in part 7017.2035, subpart 3, is submitted and the commissioner

gives written verification of the compliance status of the emission facility. Upon verification

of the test results, the duration of the compliance status that the performance test determines

for the emission facility begins with the date of the performance test. Nothing in this subpart

prevents the use of any evidence to establish the existence of a violation before the date of

the performance test, or excuses noncompliance between the date of the performance test and

the commissioner's written verification of it.

Subp. 5. Test runs. Each performance test shall consist of at least three separate test

runs using the applicable test method, except that one test run shall be required for opacity

determination. However, the commissioner shall require more test runs to be conducted if the

applicable requirement or compliance document requires additional test runs or determination

of emissions at more than one process or operating condition.

Data reduction for opacity shall be conducted in accordance with part 7017.2060,

subparts 5 and 6. For all other pollutants, the arithmetic mean of the test runs is the result

of the performance test. In the event that a sample is accidentally lost or conditions occur

in which one of three test runs must be discontinued because of forced shutdown, failure

of an irreplaceable portion of the sample train, extreme meteorological conditions, or

other circumstances beyond the control of the owner or operator and the testing company,

compliance may, upon the commissioner's approval, be determined using the arithmetic mean

of the two remaining test runs. The owner or operator shall document in the test report all

reasons for excluding a test run or failing to conduct a test run.

Subp. 6. Evidence of noncompliance. The results of a performance test that have

been rejected or deemed incomplete or indeterminate by the commissioner due to failure to

comply with parts 7017.2001 to 7017.2060 and performance tests which are not subject to

parts 7017.2001 to 7017.2060 may still be used in establishing violations pursuant to part

7017.0100 if they represent credible evidence of such violations. This includes, but is not

limited to, results of tests:

A. that were started but abandoned before completing all the required test runs;

B. submitted without the required notification or test plan;

C. that are incomplete due to lack of emission facility operating data in the test

report; and

22
D. conducted under unrepresentative operating conditions or conditions that

deviated from the test plan.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 21 SR 693; 23 SR 145; 23 SR 1764; 32 SR 904

7017.2025 OPERATIONAL REQUIREMENTS AND LIMITATIONS.

Subpart 1. Scope. This part specifies criteria that the commissioner will use to determine

which operating parameters, if any, will be subject to limitations based upon the mode of

operation during a performance test. Operations during periods of start-up, shutdown,

and malfunction shall not constitute representative conditions of performance tests unless

otherwise specified in an applicable requirement or compliance document.

Subp. 2. Operating conditions for performance testing. The performance test shall be

conducted at worst case conditions for each air pollutant that is required to be tested unless:

A. the applicable requirement or compliance document specifies alternative

operating conditions for performance testing;

B. the worst case condition is not known or calculable. In this case, worst case

conditions shall be assumed to be the maximum achievable process or operating rate of the

emissions unit; or

C. the owner or operator of the emission facility elects to conduct the performance

test at conditions that are not worst case conditions.

Subp. 3. Compliance demonstrated at tested conditions. Upon the commissioner's

written notice that the emission facility has demonstrated compliance under the conditions

of the performance test, the owner or operator of the emission facility shall operate the

affected emissions unit as specified in item A, B, C, or D, unless another performance test is

conducted at alternative conditions and the commissioner gives written notification that the

performance test demonstrated compliance at those conditions. This subpart does not apply to

performance test runs for pollutants for which the owner or operator maintains a continuous

emission monitor or continuous opacity monitor that meets the requirements of part 7017.1002

to 7017.1220.

A. If the owner or operator did not conduct the performance test at worst case

conditions as required, or elected to conduct the performance test under alternative conditions

under subpart 2, item C, the affected emissions unit shall not be operated at a process rate,

operating rate, or regulated operating condition that is closer to the worst case conditions than

the actual conditions of the performance test. The owner or operator of the emission facility

shall maintain at the emission facility adequate records to demonstrate continuous compliance

with these operating condition limitations.

B. If the owner or operator conducted the performance test under the conditions

specified in subpart 2, item A, the owner or operator shall comply with any operational

limitations imposed by the applicable requirement or compliance document.

C. If the owner or operator conducted the performance test at the maximum

achievable process or operating rate under subpart 2, item B, the emissions unit may not be

operated at a higher process or operating rate than was recorded during the performance test.

D. If the owner or operator conducted the performance test at worst case conditions,

no new operating limits are imposed by this part but the owner or operator shall comply with

23
any applicable requirement or compliance document. When the worst case testing condition is

defined in terms of an operating rate for the affected emissions units, no new operating rate

limit may be imposed by this part if the performance test was conducted at 90 percent or

greater of the defined worst case condition.

Subp. 3a. Compliance with new operating limits. If a new operating limit is imposed

pursuant to subpart 3, it shall be implemented according to items A to C, unless otherwise

defined in an applicable requirement or compliance document.

A. For operating rate limits, the new limit shall be expressed as an eight-hour block

average calculated by totaling total throughput, input, or output as applicable during the

eight-hour period and dividing by the total operating time during the eight-hour period. Periods

of downtime of 15 or more minutes shall not be counted as operating time. The commissioner

may shorten the averaging time or modify the calculation method in cases where the operating

mode of the affected emissions unit is not continuous or consistent and in cases where the

results of the performance test were greater than 80 percent of the applicable limits.

B. For operating rate limits imposed following a performance test where the results

were less than or equal to 80 percent of the value of the applicable emission limits for all of

the air pollutants that were required to be tested, the new limit shall be set at 110 percent of

the tested rate except as otherwise provided in this item. The tested rate is the average of the

operating rates recorded during the required number of test runs. The commissioner may set

the new operating limit at 100 percent of the tested rate if the new limit would otherwise

conflict with an existing operating limit or the description of the emission unit in the applicable

air emission permit or if engineering judgment indicates that increasing the allowable operating

rate would cause a likely violation of an emission limit.

C. For new operating limits other than operating rate limits, the averaging time and

any extension of the range of values shall be defined in the test plan based upon the type of

emissions unit or air pollution control equipment affected, the parameter being monitored, the

accuracy of the monitoring equipment, the frequency and method of monitoring, and any

specific requirements defined in an applicable requirement or compliance document.

Subp. 3b. Relaxation of operating limits by retesting. The owner or operator of the

emission facility may conduct a retest at alternate operating conditions in order to relax an

operating limit set pursuant to subpart 3. The retest shall be subject to parts 7017.2001

to 7017.2060. The owner or operator must submit the test results to the commissioner and

identify what the new operating conditions will be and how compliance with those new

conditions will be monitored. The owner or operator shall comply with any relaxed conditions

established under this subpart.

Subp. 4. Failure to demonstrate compliance.

A. Upon the commissioner's written notice that the emission facility has failed

to demonstrate compliance with an applicable emission limit, the owner or operator of the

emission facility, unless an alternative schedule is given in an applicable requirement or

compliance document, shall:

(1) conduct a retest within 30 days of receipt of the commissioner's written

notice;

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(2) submit to the commissioner written notice of testing, submit a test

plan for the retest, and schedule a pretest meeting at least 21 days in advance of the date

of the retest. The pretest meeting shall be held at least seven days prior to the date of the

retest, except that a shorter period shall be allowed if the commissioner has approved a test

notification of less than 30 days; and

(3) submit a complete report of the results of the retest and a microfiche

version of the report to the commissioner according to the requirements of part 7017.2035.

B. The owner or operator may receive an extension to the schedule in item A if one

of the following special circumstances applies:

(1) seasonal or temporary shutdown of the affected emissions units;

(2) malfunction or breakdown of the affected emissions units, unless the

commissioner determines that a retest under such conditions is warranted in order to determine

the effect of the malfunction or breakdown on emissions or where such conditions are

representative of past operation of the emissions units;

(3) weather conditions that prevent using the applicable test methods or

prevent operation of the affected emission units at the required operating conditions;

(4) any other conditions beyond the control of the owner or operator that

prevent using the applicable test methods or prevent operation of the affected emissions units

at the required operating conditions;

(5) any other condition beyond the control of the owner or operator that

prevents completion of a retest within the required schedule; or

(6) the owner or operator accepts that the retest would not demonstrate

compliance and submits a compliance plan to the commissioner on or before the deadline for

conducting the retest and the commissioner gives written approval of the compliance plan.

C. Any request for an extension of the time schedule shall be submitted to the

commissioner in writing by the owner or operator prior to the date by which retesting is

required. The request shall specify the reason why the extension is needed, include an

alternative retest schedule, and include a detailed summary of the measures the owner or

operator will take to bring the affected emission unit into compliance. The commissioner

shall grant the request for extension if the commissioner finds that one or more of the special

conditions in item B apply. If the commissioner grants an extension, the owner or operator

shall implement the alternative retest schedule and compliance measures. A requested

extension shall not be effective unless the commissioner has given written approval of the

extension. The commissioner shall not extend a retest date more than 30 days after the start-up,

completion of maintenance, seasonal weather change, or other improvement in conditions

occurs under item B, subitems (1) to (4). The commissioner shall not extend a retest date under

item B, subitem (5), for more than 30 days.

Subp. 5. Failure of retest. If a retest has been conducted under subpart 4 and the

commissioner provides written notice to the owner or operator of the emission facility that

the retest provides a second demonstration of noncompliance with an applicable emission

limit, the owner or operator shall shut down the affected emissions units unless items A to C

of this subpart apply.

A. The owner or operator is able to demonstrate to the commissioner that corrective

actions or procedural changes have been made which will be applied consistently and which

will, when properly executed, ensure that the emission units will demonstrate compliance at

25
all times with all applicable emission limits and capture, removal, or destruction efficiency

requirements.

B. The owner or operator has received the commissioner's written acceptance of

demonstrating the conditions in item A. This written acceptance may be given at the same time

as the notification of noncompliance if a compliance plan has already been submitted under

subpart 4 or otherwise and it satisfies the requirements of item A.

C. Upon receipt of the commissioner's approval to operate the affected emissions

units, the owner or operator complies with any new operating limits arising from the

demonstration in item A.

Subp. 6. Agency tests. Upon request of the agency or the commissioner, the owner or

operator of an emission facility shall allow the agency or EPA, or any authorized employee

or agent of the agency or EPA, to enter upon the premises of the owner or operator for the

purposes of conducting performance tests. The owner or operator shall provide performance

testing facilities that enable the agency or its employees or agents to conduct performance

tests, including:

A. sampling ports adequate for the applicable test methods;

B. safe sampling platforms;

C. safe access to sampling platforms; and

D. utilities for sampling and testing equipment.

The owner or operator shall operate the emission facility at worst case conditions or other

conditions as requested by the commissioner or EPA, and shall provide assistance in process

monitoring and process material sampling as requested.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145; 23 SR 1764

7017.2030 PERFORMANCE TEST PRETEST REQUIREMENTS.

Subpart 1. Notification of testing. Written notification of the planned test date shall be

postmarked or received at least 30 days before the planned test date. The commissioner shall

reject the results of a test if less than 30 days' notice was given unless written authorization of a

shorter notice was given by the commissioner.

Subp. 2. Submittal and approval of test plan. The owner or operator of the emission

facility shall submit to the commissioner a test plan with or in advance of the test notification

required under subpart 1 or in response to the commissioner's request for supplemental permit

application information. If the proposed test plan does not contain sufficient or accurate

enough detail to ensure that the performance test meets the requirements of the applicable

requirement or compliance document, the commissioner shall ask for an updated test plan to be

submitted or shall write a test plan in place of the submitted document.

The commissioner shall give written approval of the test plan when the commissioner

determines that it meets the requirements of parts 7017.2001 to 7017.2060. Written approval

means any signed letter, note, or facsimile transmission which states that a given test plan

may be used during a specific performance test. The commissioner shall reject the results of

26
a performance test if it was conducted without written approval of the test plan or if no test

plan was submitted.

Subp. 3. Format and content of test plan. The test plan shall be submitted in the

following format and include the following elements:

A. Part I. General information:

(1) name and address of emission facility;

(2) name, title, telephone number, and facsimile number of contact person

at emission facility;

(3) permit number or name of other applicable compliance document;

(4) reason for testing;

(5) schematic drawing of stack and sample ports;

(6) location of plant; and

(7) name, contact person, telephone number, and facsimile number for testing

company contracted to conduct the test.

B. Part II. Testing requirements:

(1) list of the emission units, as identified in the applicable requirement or

compliance document, and pollutants to be tested, the emission limit for each pollutant, and

the applicable rule or regulation for each emission limit; and

(2) description of procedure for fuel sampling and analysis, where applicable.

C. Part III. Operating conditions:

(1) list of the process or operating rate and conditions of the process

equipment and air pollution control equipment for the test;

(2) explanation of why the proposed conditions are considered to be in

accordance with part 7017.2025, subpart 2, for required testing conditions;

(3) list of the range of process or operating rates for each emissions unit; and

(4) description of how air pollution control and process equipment will

be monitored.

D. Part IV. Test methods:

(1) list of the methods to be used to determine the emission rate of each

pollutant;

(2) number of test runs, length of test run, and sampling rate for each method;

(3) reference to any applicable requirement or compliance document

requiring use of specific methods or procedures;

(4) summary of reasons for proposing to use any alternative or equivalent

method; and

(5) for test methods other than reference methods, statement of the detection

limit and the degree of accuracy of that method at the expected emission rate and under the

conditions of the performance test.

Subp. 4. Pretest meeting. The owner or operator of the emission facility shall contact

the supervisor of the compliance determination unit to schedule a pretest meeting to be held

27
between authorized employees of the agency and the owner or operator of the emission facility,

with optional representation by the testing company. The pretest meeting shall be held at least

seven days prior to the performance test date except that a shorter period shall be allowed if

the commissioner has approved a test notification of less than 30 days. If the commissioner

determines that an in-person meeting is not necessary, the pretest meeting will be conducted

by telephone conference call unless the owner or operator of the emission facility requests an

in-person meeting.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145; 23 SR 1764

7017.2035 PERFORMANCE TEST REPORTING REQUIREMENTS.

Subpart 1. Submittal of performance test results. The owner or operator of the

emission facility shall submit a test report and any additional information required by the

applicable requirement, compliance document, or test plan. A report shall be submitted for any

performance test that was required pursuant to part 7017.2020, subpart 1, whether or not the

test data indicates compliance with the applicable emission limits or operating conditions and

whether or not the test was completed according to the approved test plan.

Subp. 2. Submittal schedule. The performance test report shall be postmarked or

received within 45 days following completion of the performance test unless an alternate

schedule is given in the applicable compliance document. The owner or operator of the

emission facility may request in the test plan that the submittal deadline be extended by up to

15 days if the complexity of the test schedule or the laboratory analysis is such that submittal

within 45 days is impractical.

The owner or operator of the emission facility shall provide to the commissioner a

microfiche copy of the performance test report to be postmarked or received within 60 days

of the deadline for submittal of the test report. The complete permit file number, complete

emission facility name, and exact date of testing shall be provided.

Subp. 3. Complete report. The report shall include the following elements:

A. Cover:

(1) name and location of the emission facility;

(2) identification of emissions unit tested;

(3) date of the performance test; and

(4) name and address of testing company or agency.

B. Certification: signed and dated certification statements in the format required

by part 7017.2040.

C. Introduction:

(1) reason for testing, for example, required by permit or notice of violation,

including permit number or name of other applicable compliance document;

(2) test location, type of process;

(3) test dates;

28
(4) pollutants tested;

(5) observers' names including industry and agency observers; and

(6) any other important background information.

D. Summary of results:

(1) emission results, expressed in the same units as the emission limits;

(2) process data, as related to determination of compliance;

(3) emission limits and applicable regulations;

(4) description of collected samples;

(5) visible emissions summary if applicable; and

(6) discussion of errors, both real and apparent.

E. Operating parameters: readings of discrete data from monitoring instruments

must be recorded at least every 15 minutes or other reasonable time interval as approved by

the commissioner during the test and strip charts or retrieved electronic data from continuous

monitors must be included in the test report.

(1) description of process and air pollution control devices;

(2) process and control equipment flow diagram;

(3) process data and results, with example calculations; and

(4) any specially required operation demonstrations.

F. Maintenance: description, including dates, of all maintenance and operational

inspections, including major cleaning operations and replacement, repair, or modification of

functional components of process or control equipment done in the month prior to the test.

G. Sampling and analysis procedures:

(1) sampling port location and dimensioned cross section, showing all flow

disturbances including elbows, dampers, fans, constrictions, and collection equipment;

(2) description of sampling point;

(3) description of sampling train;

(4) brief description of sampling procedures and analytical methods, with

discussion of deviations from standard methods, including a statement of source methods used,

but not including complete copies of reference methods in the report; and

(5) if a method other than a United States EPA reference method was used,

statement of the detection limit and the level of accuracy of the method under the conditions of

the test and at the concentration of air pollutant that is reported.

H. Appendix:

(1) complete results, including any fuel analysis, with example calculations,

showing equations used and actual results in equation form on same or adjacent pages, using

applicable equations shown in the reference method;

(2) copies of raw field data;

(3) laboratory report, with record of chain of custody;

(4) raw production data, signed by plant official who can interpret the data

and can be held accountable for the data;

29
(5) test log;

(6) calibration procedures and results, including Pitot tube, nozzle, meter

box, thermometer, and barometer calibrations;

(7) project participants and titles; and

(8) a copy of the most recent version of the test plan and a copy of the

commissioner's written approval of the test plan.

I. Additional information:

(1) any other special requirement of the test method, test plan, applicable

requirement, or compliance document; and

(2) any other information necessary to evaluate compliance with parts

7017.2020 and 7017.2025 as requested by the commissioner.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145

7017.2040 CERTIFICATION OF PERFORMANCE TEST RESULTS.

Subpart 1. Certification required. The test report shall contain a certification by the

responsible parties that the test results have been reported accurately, that the field data are a

true representation of the sampling procedures, and that the process data are a true indicator

of the operating parameters of the emissions unit at the time of the performance test. The

commissioner shall reject the results of a performance test if the test report does not contain

the certifications required by subparts 2 to 5 or if any of the certifications in subparts 2 to 5

are determined to be false.

Subp. 2. Certification of sampling procedures. The team leader of the personnel

conducting the sampling procedures shall certify that the data presented in the test report is

true, accurate, and complete. The following statement shall be signed and dated by that person:

"I certify under penalty of law that the sampling procedures were performed in

accordance with the approved test plan and that the data presented in this test report are,

to the best of my knowledge and belief, true, accurate, and complete. All exceptions

are listed and explained below."

Subp. 3. Certification of analytical procedures. The person responsible for the

laboratory analysis of field samples from a performance test shall certify that the data presented

for use in the test report is true, accurate, and complete. The following statement shall be

signed and dated by that person:

"I certify under penalty of law that the analytical procedures were performed in

accordance with the requirements of the test methods and that the data presented for

use in the test report were, to the best of my knowledge and belief, true, accurate, and

complete. All exceptions are listed and explained below."

Subp. 4. Certification of test report by testing company. The senior staff person at the

testing company who is responsible for compiling and checking the test report shall certify that

the information contained within the test report is true, accurate, and complete. The following

statement shall be signed and dated by that person:

30
"I certify under penalty of law that this test report and all attachments were prepared

under my direction or supervision in accordance with a system designed to assure that

qualified personnel properly gathered and evaluated the test information submitted.

Based on my inquiry of the person or persons who performed sampling and analysis

relating to the performance test, the information submitted in this test report is, to the

best of my knowledge and belief, true, accurate, and complete. All exceptions are listed

and explained below."

Subp. 5. Certification of test report by owner or operator of emission facility. The

owner or operator of the emission facility shall certify that the report accurately reflects the

operating conditions at the emission facility during the performance test and that the required

operational and maintenance data for the month prior to the performance test has been reported

in a true, accurate, and complete manner. The following statement shall be signed and dated

by that person:

"I certify under penalty of law that the information submitted in this test report accurately

reflects the operating conditions at the emission facility during this performance test and

describes the date and nature of all operational and maintenance activities that were

performed on process and control equipment during the month prior to the performance

test. Based on my inquiry of the person or persons who performed the operational and

maintenance activities, the information submitted in this test report is, to the best of

my knowledge and belief, true, accurate, and complete. All exceptions are listed and

explained below."

Statutory Authority: MS s 116.07

History: 18 SR 1412; 20 SR 2316

7017.2045 QUALITY ASSURANCE REQUIREMENTS.

Subpart 1. Witnessing. A performance test may be witnessed by either the commissioner

or an authorized employee or agent of the commissioner or by EPA staff.

Subp. 2. EPA audit samples. The owner or operator of the emission facility shall have

the testing company conducting the performance test analyze any EPA audit sample issued by

EPA or the commissioner in accordance with EPA protocol. If the audit sample is a reusable

sample that EPA requires to be returned, the owner or operator of the emission facility shall

return the sample as directed by EPA, in good condition and within the time allowed by EPA.

The results of the audit shall be included in the test report.

Subp. 3. Quality assurance. Any performance test shall meet the minimum requirements

for quality assurance, performance standards, and specifications as stated in the reference

method or in the alternative or equivalent method. The provisions in items A and B also apply.

A. All test runs for a given air pollutant shall be completed within a single 24-hour

period unless process variables make this impractical or the method requires test runs of three

hours or greater, in which case the runs may be conducted on consecutive days provided that

the test is conducted according to the provisions of the approved test plan on each day.

B. Only employees of the testing company may operate source sampling equipment

or otherwise be a part of the emission sampling or analysis of air pollutants from the emission

facility during a performance test. The owner or operator or employees of the emission

31
facility may not assist in any sampling or any analysis of samples unless authorized within an

approved test plan.

Any request to deviate from the requirements of this subpart shall be submitted at least

seven working days before the performance test. The commissioner shall reject the results of

each test run where deviations from quality assurance or methodology or test plan requirements

exceeded those allowed under subpart 4.

Subp. 4. Deviation from quality assurance, test method, or test plan. The

commissioner shall reject the results of a performance test if there was a deviation from the

quality assurance requirements of this part, from the test method, or from the approved test

plan unless:

A. the deviation was approved in writing by the commissioner prior to the test;

B. the deviation was from the test method and did not adversely affect the precision

or scope of the test method under the conditions of the performance test, and the test

requirement was not subject to federal regulation;

C. the deviation was from the test method and was within the guidelines of that

method and was necessitated by field conditions; or

D. the deviation was from the operating conditions required of the emissions unit

and was within the range of operating conditions allowed by the applicable requirement

or compliance document such that the compliance status of the emission facility can be

determined under the test conditions. In this case, the conditions of part 7017.2025 apply.

Subp. 5. Precision of test methods. The inherent precision, level of confidence, and

bias of any test method approved by the commissioner for use during a performance test

shall not be a factor in determining the compliance status of an emission facility. However,

the commissioner shall reject any test runs that were not conducted with acceptable accuracy

within the limits of the test method and the sampling conditions or if the detection limit of the

test method was higher than the applicable emission standard.

If the commissioner determines that the test results are valid under the quality assurance

requirements of the method and that the performance test was conducted in accordance with

parts 7017.2001 to 7017.7060 and the applicable requirement or compliance document and

the test result exceeds the applicable emission limit by any amount, the owner or operator is

in violation of that emission limit.

Subp. 6. Adjustments for detection limit. The commissioner shall require that

the sample volume to be collected be increased above the minimum amount specified in

an applicable requirement or compliance document, if necessary to ensure that the amount

or concentration of the pollutant collected is greater than the detection limit given by the

analytical procedure employed upon the field samples. If the commissioner requires this, the

minimum sample volume shall be determined by the following equation:

V = A x

100

__ x

100

___ x

1

___

B C D

32
Where: V = minimum sample volume to be collected (dscm)

A = the analytical detection limit in g

B = percent of the sample required per analytical run

C = sample recovery (%)

D = stack emission limit or expected emission rate (g/dscm)

In cases where a performance test for a pollutant yields a result that is less than the detection

limit of the method as utilized, the results shall be calculated and reported as less than or

equal to that detection limit.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145

7017.2050 PERFORMANCE TEST METHODS.

Subpart 1. Test methods. Unless a different method is given in an applicable

requirement or compliance document, the owner or operator of an emission facility shall

conduct performance tests using the methods incorporated by reference in part 7017.2010 and

following the requirements in part 7017.2060, unless an alternative or equivalent method is

approved or required by the commissioner in accordance with subpart 2.

Subp. 2. Alternative or equivalent test methods. In lieu of the test method described in

subpart 1, the commissioner may, if the performance test is not required for demonstration of

compliance with a federal regulation:

A. specify or approve minor changes that will not adversely affect the precision or

scope of the test method as applied to the conditions of the performance test;

B. approve the use of an equivalent method; or

C. approve the use of an alternative method.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145

7017.2060 PERFORMANCE TEST PROCEDURES.

Subpart 1. Applicability. For the purpose of using the methods referenced in part

7017.2050, the requirements in this part apply unless otherwise stated in the applicable

requirement or compliance document.

Subp. 2. Sample port location. The sampling location, as selected by Method 1, shall be

the same for each pollutant during a performance test.

Subp. 3. Total particulate matter determination.

A. For Method 5, the sampling time for each test run shall be at least 60 minutes and

the minimum sampling volume will be 32 dscf (0.9 dscm).

B. For particulate matter determination where the applicable emission limit includes

organic condensibles, results for particulate matter emissions shall include organic condensible

33
particulate matter emissions as determined by the amendment to Method 5 given in part

7011.0725. The results shall be reported as both total particulate matter including organic

condensibles and as particulate matter excluding organic condensibles.

C. The determination of condensible particulate matter may be waived if it can be

demonstrated to the commissioner through mass balance calculations or previous performance

test results that the emissions unit is not a source of organic condensible particulate matter

emissions.

Subp. 4. PM-10 determination.

A. Method 201 or 201A shall be used unless the commissioner has approved an

alternate or equivalent method. The sampling time for each run shall be at least 60 minutes and

the minimum sampling volume will be 32 dscf (0.9 dscm).

B. Results for PM-10 emissions shall include condensible particulate matter

emissions as determined by Method 202. The results shall be reported as both total PM-10

including condensibles and as PM-10 excluding condensibles.

C. The compliance status of the emission facility shall be based on the result for

total PM-10 including condensible particulate matter.

D. The determination of condensible particulate matter may be waived if it can be

demonstrated to the commissioner through mass balance calculations or previous performance

test results that the emissions unit is not a source of condensible particulate matter emissions.

Subp. 5. Opacity determination by Method 9. Opacity observations shall be performed

by a certified observer and in accordance with the requirements of Method 9. In addition, the

requirements of subpart 6 and the following items shall apply:

A. The commissioner may reject the opacity results if the commissioner cannot

determine the compliance status of the emission facility due to error, bias, or insufficient

documentation during the performance test. The recommendations of Method 9 and EPA

document EPA-600/4-77-027b, Addition Section 3.12 (Feb. 1984), as amended, entitled

"Quality Assurance Handbook for Air Pollution Measurement Systems: Volume III. Stationary

Source Specific Methods," which is incorporated by reference, shall be used in determining

the acceptability of opacity results. This document is available at the State Law Library and

is not subject to frequent change.

B. One series of readings is required for each condition where opacity is required

to be tested. Each test run shall comprise 240 consecutive readings at 15-second intervals

and shall be obtained concurrently with a test run for particulate matter, where applicable.

Copies of the opacity form showing all readings and required notation shall be included in

the performance test report.

C. The results of continuous monitoring by transmissometer which indicate that

the opacity at the time visual observations were made was not in excess of the standard are

probative but not conclusive evidence of the actual opacity of an emission, provided that the

owner or operator shall meet the burden of proving that the instrument used met, at the time of

the alleged violation, Performance Specification 1, had been properly maintained and, at the

time of the alleged violation, calibrated, and that the resulting data have not been tampered

with in any way. The data shall be subject to the reduction processes in subpart 6.

34
D. Data reduction shall be performed in accordance with Paragraph 2.5 of Method 9

and subpart 6. A one-hour period means any 60 consecutive minutes and a six-minute period

means any set of 24 consecutive 15-second intervals.

Subp. 6. Opacity data reduction procedures. For the purpose of this part, "excursion"

means an opacity higher than the base standard that is allowed for a limited number of minutes

within a time period. Compliance with opacity limits shall be determined from all data points

collected in an averaging period and according to items A and B.

A. For opacity standards which allow excursions based on six-minute periods, an

exceedance of the standard has occurred if, having taken the allowable excursion into account,

any six-minute average exceeds the standard. The exceedance shall be expressed as the value

of the highest six-minute average and the number of nonoverlapping six-minute averages that

exceed the standard within the period of the test run.

B. For opacity standards that do not allow excursions, an exceedance of the standard

has occurred if any six-minute average exceeds the standard. The exceedance shall be

expressed as the value of the highest six-minute average and the number of nonoverlapping

six-minute averages that exceed the standard within the period of the test run.

Subp. 7. Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans

determination. For Method 23, each sample run shall be at least three hours in duration at an

average sampling rate of 0.5 dscf/minute or higher. The minimum sample volume shall be

90 dscf. Longer test runs may be required by the commissioner in order to collect a greater

sample volume if low resolution mass spectroscopy is to be used for analysis of the field

samples or as otherwise required by part 7017.2045, subpart 6.

Statutory Authority: MS s 116.07

History: 18 SR 1412; 23 SR 145

35
CHAPTER 7019

MINNESOTA POLLUTION CONTROL AGENCY

EMISSION INVENTORY REQUIREMENTS

7019.0100 INCORPORATION OF NOTIFICATION

AND RECORD KEEPING

REQUIREMENTS BY REFERENCE.

7019.1000 NOTIFICATIONS OF DEVIATIONS

WHICH ENDANGER HUMAN

HEALTH OR THE ENVIRONMENT;

SHUTDOWNS AND BREAKDOWNS.

7019.3000 EMISSION INVENTORY.

7019.3020 CALCULATION OF ACTUAL

EMISSIONS FOR EMISSION

INVENTORY.

7019.3030 METHOD OF CALCULATION.

7019.3040 CONTINUOUS EMISSION MONITOR

(CEM) DATA.

7019.3050 PERFORMANCE TEST DATA.

7019.3060 VOLATILE ORGANIC COMPOUND

(VOC) MATERIAL BALANCE.

7019.3070 SO MATERIAL BALANCE.

7019.3080 EMISSION FACTORS.

7019.3090 ENFORCEABLE LIMITATIONS.

7019.3100 FACILITY PROPOSAL.

7019.1000 NOTIFICATIONS OF DEVIATIONS WHICH ENDANGER HUMAN

HEALTH OR THE ENVIRONMENT; SHUTDOWNS AND BREAKDOWNS.

Subpart 1. Notification of deviations which endanger human health or the

environment. The owner or operator of an emission facility, in the event of any deviation, as

defined in part 7007.0100, subpart 8a, which could endanger human health or the environment,
shall notify, orally or by facsimile, the commissioner or the state duty officer immediately after

discovery of the deviation or immediately after when the deviation reasonably should have

been discovered by the owner or operator. Within two working days of the discovery, the owner

or operator shall submit to the commissioner a written description of the deviation stating:

A. the cause of the deviation;

B. the exact dates of the period of the deviation, if the deviation has been corrected;

C. whether or not the deviation has been corrected;

D. the anticipated time by which the deviation is expected to be corrected, if not yet

corrected; and

E. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the

deviation.

Subp. 2. Breakdown notification. The owner or operator of an emission facility,

emissions unit, or stationary source shall notify the commissioner within 24 hours of a

breakdown of more than one hour duration of any control equipment or process equipment

if the breakdown causes any increase in the emissions of any regulated air pollutant. The

24-hour time period starts when the breakdown was discovered or reasonably should have been

discovered by the owner or operator. However, notification is not required if:

A. an applicable requirement or compliance document does not require operation

of the control equipment;

B. an applicable requirement or compliance document specifies alternative

minimum operating conditions for the process or control equipment that are still complied with

despite the breakdown; or

C. if the facility directly and continuously monitors the emissions with a continuous

emissions monitor or similar direct monitoring device that demonstrates emissions do not

exceed the applicable limit of any regulated pollutant during the breakdown.

At the time of notification or as soon as possible thereafter, the owner or operator shall inform

the commissioner of the cause of the breakdown and the estimated duration. The owner or

operator shall notify the commissioner when the breakdown is over.

Subp. 3. Shutdown notification. The owner or operator of an emission facility,

emissions unit, or stationary source shall notify the commissioner at least 24 hours in advance

of a planned shutdown of any control equipment or process equipment if the shutdown would

cause any increase in the emissions of any regulated air pollutant. If the owner or operator does

not have advance knowledge of the shutdown, notification shall be made to the commissioner

as soon as possible after the shutdown. However, notification is not required if:

A. an applicable requirement or compliance document allows the shutdown of, or

does not require operation of, the control equipment;

B. an applicable requirement or compliance document specifies alternative

minimum operating conditions for the process or control equipment that are still complied with

despite the shutdown; or

C. the facility directly and continuously monitors the emissions with a continuous

emissions monitor or similar direct monitoring device that demonstrates emissions do not

exceed the applicable limit of any regulated pollutant during the shutdown.
At the time of notification, the owner or operator shall inform the commissioner of the

cause of the shutdown and the estimated duration. The owner or operator shall notify the

commissioner when the shutdown is over.

Subp. 4. Operation changes. In any shutdown, breakdown, or deviation covered

by subpart 1, 2, or 3, the owner or operator shall immediately take all practical steps to

modify operations to reduce the emission of any regulated air pollutant. The commissioner

may require feasible and practical modifications in the operation to reduce emissions of air

pollutants. No emissions units that have an unreasonable shutdown or breakdown frequency of

process or control equipment shall be permitted to operate.

Subp. 5. Effect of rule. Nothing in this part:

A. allows the operation of an emission facility, emissions unit, or stationary source

which may endanger human health or the environment;

B. allows the owner or operator of an emission facility to violate an applicable

requirement or compliance document;

C. excuses compliance with Minnesota Statutes, section 116.061;

D. prevents the agency from exercising its emergency powers under Minnesota

Statutes, section 116.11, in the event that conditions warranting such action shall arise; or

E. prevents the owner or operator of an emission facility from establishing

the emergency defense described in part 7007.1850 if the owner or operator meets the

requirements of that part.

Subp. 6. Definitions. "Applicable requirement" has the meaning given in part 7007.0100,

subpart 7. "Compliance document" has the meaning given in part 7017.2005, subpart 2.

"Immediately" means as soon as possible considering plant and personnel safety.

Subp. 7. Transition to amended rule. The amendments to this part that take effect on

January 20, 1998, supersede the requirements of permit conditions based on this part in air

emission permits issued by the agency prior to January 1, 1998.

Statutory Authority: MS s 116.07

History: L 1987 c 186 s 15; 18 SR 614; 21 SR 165; 22 SR 1237; 23 SR 2224

7019.2000 Subpart 1. [Repealed, 23 SR 1764]

Subp. 2. [Repealed, 23 SR 1764]

Subp. 3. [Repealed, 23 SR 1764]

Subp. 4. [Repealed, 17 SR 440]

7019.3000 EMISSION INVENTORY.

Subpart 1. Emission inventory required.

A. All owners or operators of emission reporting facilities, as defined in part

7002.0015, subpart 3a, shall submit an annual emission inventory report to the agency, in a

format specified by the commissioner, relating to ammonia, carbon monoxide, particulate

matter, and all chargeable pollutants as defined in part 7002.0015, subpart 2a. The report

shall be submitted on or before April 1 of the year following the year being reported. The

3
responsible official, as defined in part 7007.0100, subpart 21, must sign the report and shall

make the following certification:

"I certify under penalty of law that this document and all attachments were prepared

under my direction or supervision by qualified personnel. The information submitted is,

to the best of my knowledge and belief, true, accurate, and complete. I understand that

the data provided in this document will be used by the MPCA to calculate a fee, which

the facility will be required to pay under Minnesota Rules, part 7002.0065, based on the

tons of pollution emitted by the facility."

B. (1) All owners or operators of facilities issued option B registration permits

under part 7007.1120 shall submit either an emission inventory using methods described

under subitem (3) and parts 7019.3020 to 7019.3100 or the certification and VOC-containing

material report in subitem (2). The report shall be submitted on or before the April 1 following

the year being reported.

(2) All owners or operators that choose to be assessed a fee under part

7002.0025, subpart 1, item C, subitem (2), shall submit a report and certification to the agency.

The responsible official, as defined in part 7007.0100, subpart 2, must sign the report and shall

make the following certification:

"I certify under penalty of law that the facility described in registration permit number

.... is eligible for the option B registration permit that it was issued and holds and

that the facility purchased or used (as stated in the permit application) .... gallons of

VOC-containing materials in the 12-month reporting period. I further certify that the

eligibility of the facility and the quantity of material reported herein were determined

under my direction or supervision by qualified personnel. The information used to

determine eligibility and the quantity of material reported herein for the registration

permit is, to the best of my knowledge and belief, true and accurate. I understand that

the information provided in this certification will be used by the MPCA to assess a fee

under Minnesota Rules, part 7002.0025, subpart 1, item C, which the facility will be

required to pay under Minnesota Rules, part 7002.0065."

(3) All owners and operators that choose to be assessed a fee under part

7002.0025, subpart 1, item C, subitem (1), shall submit an emission inventory report to

the agency, in a format specified by the commissioner, relating to emissions from the use

of VOC-containing materials using methods described in part 7019.3030, item B, and the

certification in subitem (2). The certification and emission inventory shall be signed by the

responsible official, as defined in part 7007.0100, subpart 2.

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 mailing date of the previous year's air emissions summary.

Statutory Authority: MS s 116.07

History: 17 SR 440; 18 SR 614; 18 SR 1059; 21 SR 165; 28 SR 1482; 32 SR 904

4
7019.3010 [Repealed, 21 SR 165]

7019.3020 CALCULATION OF ACTUAL EMISSIONS FOR EMISSION

INVENTORY.

A. Emissions from all emissions units shall be reported in the annual emissions

inventory report in a format specified by the commissioner. Emissions from insignificant

activities listed in part 7007.1300, subpart 2, shall not be reported. Emissions from insignificant

activities listed in part 7007.1300, subparts 3 and 4, and conditionally insignificant activities

listed in part 7008.4000 shall be reported if the commissioner or owner or operator has

determined that emissions from those activities are not insignificant for purposes of permitting

under parts 7007.0100 to 7007.1850 or for those activities required to be quantified by a facility

issued a capped permit option 1. Notwithstanding the previous sentence, the commissioner

may request an inventory of fugitive emissions from roads and parking lots, defined as

insignificant under part 7007.1300, subpart 3, item J, upon determining that emissions from

these sources represent a substantial portion of the facility's total emissions.

B. All owners or operators of emission reporting facilities, as defined in part

7002.0015, subpart 3a, or facilities issued option B registration permits under part 7007.1120

that choose to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), shall

calculate emissions based on parts 7019.3030 to 7019.3100, except for any facility which has

obtained an option C or D registration permit under part 7007.1125 or 7007.1130 or a capped

permit under parts 7007.1140 to 7007.1148.

C. All owners or operators of emission reporting facilities which have obtained

an air emission permit under part 7007.1125, registration permit option C, shall report the

quantity of each fuel purchased or used (whichever was stated in the facility's registration

permit application) in the year for which emissions are being calculated. The report shall

apportion the quantity of fuel burned with the type of combustion unit (indirect heating units

or internal combustion engines) in which it was burned. The owner or operator shall report

the quantity of VOC-containing materials purchased or used (whichever is stated in the

facility's registration permit application) in the year for which emissions are being calculated.

The owners or operators reporting VOC-containing materials purchases or usage shall also

report the weight factor (WF) of the VOC in the materials (weight of VOC per weight of

VOC-containing materials) and the density of the materials. The actual emissions shall be

calculated by the commissioner.

D. All owners or operators of emission reporting facilities which have obtained an

air emission permit under part 7007.1130, registration permit option D, shall report the actual

emissions calculated for purposes of compliance demonstration required in part 7007.1130,

subpart 3, item E, for the calendar year for which emissions are being reported in a format

specified by the commissioner.

E. All owners or operators of emission reporting facilities which have obtained an

air emission permit under parts 7007.1140 to 7007.1148, capped permit, shall report the actual

emissions calculated for purposes of compliance demonstration required in part 7007.1146,

subpart 2, item H, for the calendar year for which emissions are being reported for all emission

units in a format specified by the commissioner.

F. All owners or operators of an emission reporting facility submitting an emission

inventory based in whole, or in part, on a material balance calculation shall submit a sample

material balance calculation with the emission inventory. Such facilities shall also maintain a

5
record of the material safety data sheets or vendor certification of the VOC or sulfur content of

the material for each material or fuel used and the material balance calculations for a period of

five years after the date of submittal of the emission inventory.

G. The emission inventory may be based on the use of control equipment only if the

use of the specific control equipment is required under conditions of a permit or applicable

requirement as defined in part 7007.0100, subpart 7, or is included in a notification received

by the agency under part 7007.1150, item C. This item applies upon issuance under chapter

7007 of a registration, state, capped, general, or part 70 permit to a stationary source but no

earlier than the date three years after EPA grants full program approval of the agency's permit

program under title 5 of the Clean Air Act.

Statutory Authority: MS s 116.07

History: 21 SR 165; 29 SR 626; 32 SR 904

7019.3030 METHOD OF CALCULATION.

A. The owner or operator of an emission reporting facility, except one issued an

option C or D registration permit under part 7007.1125 or 7007.1130 or a capped permit

under parts 7007.1140 to 7007.1148, shall calculate the facility's actual emissions using the

methods listed in subitems (1) to (4). The methods are listed in a hierarchy of the most

preferred method to the least preferred method. The most preferred method available shall

be used. Where more than one method is listed in the subitem, they are considered to be

equal in the hierarchy and any can be used:

(1) part 7019.3040 (continuous emission monitor data);

(2) part 7019.3050, item B (performance test data);

(3) part 7019.3060 (VOC material balance, 7019.3070 (S0

2 material balance),

7019.3080 (emission factor), or 7019.3090 (enforceable limitations), as applicable; or

(4) part 7019.3100 (facility proposal).

B. The owner or operator of a facility issued an option B registration permit under

part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C,

subitem (1), shall calculate the facility's actual emissions using the methods listed in part

7019.3060.

The owner or operator of a facility issued an option B registration permit under part

7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1, item C, subitem

(1), shall not consider the effects of pollution control equipment on emissions from the use of

VOC-containing materials when calculating actual emissions for an emissions inventory.

C. For purposes of selecting a calculation method, a method is considered available

if the conditions associated with the method in parts 7019.3040 to 7019.3100 are met. The

method described in part 7019.3100 may be used, provided that the proposal is submitted

to the division manager by September 1 of the first year for which the emissions are being

calculated. The commissioner shall reject data submitted using the methods described in parts

7019.3040 to 7019.3090 if the conditions for the method are not fully met.

Statutory Authority: MS s 116.07

History: 21 SR 165; 29 SR 626; 32 SR 904

6
7019.3040 CONTINUOUS EMISSION MONITOR (CEM) DATA.

A. If an emission reporting facility or a facility issued an option B registration

permit under part 7007.1120 that chooses to be assessed a fee under part 7002.0025, subpart 1,

item C, subitem (1), has collected emissions data through use of a CEM in compliance with

the preconditions in subitems (1) and (2), the facility shall report that data to the agency in

its emission inventory. The emission inventory submitted shall be based on all of the CEM

data. The requirements in subitems (1) and (2) must be met:

(1) the CEM has been certified by the commissioner; and

(2) the CEM data have not been rejected by the commissioner due to failure

by the owner or operator to comply with parts 7017.1002 to 7017.1220; all applicable permit

conditions; and any other applicable state or federal laws pertaining to CEM operation.

B. Facilities required to use this method shall include the following information in

their emission inventory:

(1) the total operating time of the applicable emission unit and the total

operating time of the CEM;

(2) an explanation of how the emissions were calculated based on the CEM

data. Except for facilities subject to part 7017.1020, for periods when the CEM is down and

the emissions unit is operating, missing emissions data shall be substituted with CEM data

recorded during a representative period of operation of the emissions unit, and, if applicable,

of the control equipment operation during the same calendar year for which the inventory is

being submitted. The CEM must have recorded data for at least 90 percent of the hours the

emission unit was operated for the calendar year for which the inventory is being submitted. If

substitute CEM data meeting these conditions is not available, emissions during periods of

CEM downtime shall be calculated using the next highest available method on the hierarchy of

methods listed in part 7019.3030; and

(3) facilities subject to part 7017.1020 shall substitute CEM data in

accordance with Code of Federal Regulations, title 40, part 75.

Statutory Authority: MS s 116.07

History: 21 SR 165; 23 SR 1764

7019.3050 PERFORMANCE TEST DATA.

A. If an emission reporting facility has collected representative emission data

through the use of performance tests in compliance with the preconditions in items B and C,

and if CEM data under part 7019.3040 is not available, the facility shall calculate its emissions

based on performance tests. If the emission data is unrepresentative because fuel or material

feed used under the test conditions is substantially different than the conditions under which

the emissions unit is normally operated or because the emissions unit has been modified, the

facility shall calculate its emissions based on the next highest available method. Emissions

unit operating load variation from test load does not make the data unrepresentative. In

the event that the facility has collected emission data through the use of performance tests

and determines that the data is unrepresentative for any reason, the facility shall submit an

explanation of why the data is unrepresentative with the emissions calculated using the

next highest available method. The commissioner shall determine if the conditions of the

performance test were representative based upon the operating data supplied by the facility for

the year of the inventory.

7
B. All the requirements of parts 7017.2001 to 7017.2060, including the requirement

to notify the commissioner prior to conducting performance tests as required in part 7017.2030,

subpart 1, all other applicable state and federal laws, and all applicable air emission permit

conditions relating to performance testing have been complied with.

C. For facilities that are required to conduct annual performance testing, the test

was performed during the calendar year for which the emissions are being calculated. If

the commissioner granted the facility an extension to a testing deadline that resulted in the

test being performed after the calendar year but prior to the emissions inventory submittal

deadline, the data from that test may be used. For facilities that are not required to conduct

annual performance testing, the emission factors used are derived from the most recently

conducted performance test. Unless required under item D, performance test data may not

be more than ten years older than the last date of the emission inventory period and must

be representative of operating conditions during the calendar year for which the emission

inventory is being submitted.

D. If the most recently conducted performance test data is more than ten years older

than the last date of the emission inventory period, then the emission factor derived from the

performance test shall be used if it results in higher calculated emissions than any default

emission factor allowed under part 7019.3060, 7019.3070, or 7019.3080, as applicable, unless

an alternative factor is approved by the commissioner under part 7019.3100 (facility proposal)

or unless continuous emission monitor data that satisfies the conditions of part 7019.3040 is

available. The performance test data must be representative of operating conditions during the

calendar year for which the emission inventory is being submitted.

Statutory Authority: MS s 116.07

History: 21 SR 165; 32 SR 904

7019.3060 VOLATILE ORGANIC COMPOUND (VOC) MATERIAL BALANCE.

If the methods in part 7019.3040 or 7019.3050 are unavailable to an emission reporting

facility or a facility issued an option B registration permit under part 7007.1120 that chooses

to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the facility may

calculate VOC emissions using the material balance method described in this part. This

method may be used in conjunction with or instead of emission factors and enforceable

limitations methods described in parts 7019.3080 and 7019.3090, where applicable. A person

using material balance to calculate VOC emissions shall determine the total VOC emissions

(E) as follows:

E = (A - B - C) * (1 - CE)

where:

A = the amount of VOC entering the process. The amount of VOC used in this calculation

shall be the amount certified by the supplier or the maximum amount stated on the material

safety data sheet or the amount determined by reference method 24.

B = the amount of VOC incorporated into the product. This includes VOCs chemically

transformed in production. An explanation of this calculation must also be submitted.

8
C = the amount of VOC, if any, leaving the process as waste, or otherwise not incorporated

into the product and not emitted to the air. If the actual VOC content of the waste is unknown,

then C = 0.

CE = the overall efficiency, or the product of capture efficiency and control efficiency, of

any device used to capture and/or control VOC emissions, expressed as a decimal fraction of

1.00. The overall efficiency shall be based on efficiency factors, as defined in part 7005.0100,

subpart 9b, or shall be based on the overall efficiency verified by a performance test conducted

according to parts 7017.2001 to 7017.2060 and 7019.3050. The overall efficiency of a

pollution control system that uses a hood, as defined in part 7011.0060, subpart 2, as the

emission capture device shall be based on a capture efficiency of 60 percent. If an alternative

capture efficiency has been determined by a performance test conducted according to parts

7017.2001 to 7017.2060 and 7019.3050, that capture efficiency shall be used in the calculation

of actual emissions.

Statutory Authority: MS s 116.07

History: 21 SR 165

7019.3070 SO2 MATERIAL BALANCE.

If the methods in parts 7019.3040 and 7019.3050 are unavailable to an emission reporting

facility, it may calculate sulfur dioxide emissions using the SO2 material balance method

described in this part. A person using this method shall measure the sulfur content of the fuel

and assume that all of the sulfur in the fuel is oxidized to sulfur dioxide. This method may be

used in conjunction with or instead of emission factors and enforceable limitations methods

described in parts 7019.3080 and 7019.3090, where applicable. The sulfur content of each

batch of fuel received must be certified by the supplier or an independent laboratory. The

sulfur content shall be determined using American Society for Testing and Materials (ASTM)

methods. The sulfur dioxide emissions shall be determined by using the following equation:

SO2 = %S/100 x F/2000 x 2

where:

SO2 = Sulfur dioxide emissions from a batch of fuel.

%S = Weight percent sulfur in the fuel being burned.

F = Amount of fuel burned by weight in pounds.

2000 = Pounds per ton.

2 or 64/32 = Pounds of sulfur dioxide per pound of sulfur in one pound-mole.

The total sulfur dioxide emissions for the year shall be the sum total of the individual

batch totals.

Statutory Authority: MS s 116.07

History: 21 SR 165

7019.3080 EMISSION FACTORS.

If the methods in parts 7019.3040 and 7019.3050 are unavailable to an emission reporting

facility or a facility issued an option B registration permit under part 7007.1120 that chooses

to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the facility may

calculate its emissions using emission factors as defined in part 7005.0100, subpart 10a, and as

described in this part. This method may be used in conjunction with or instead of material

9
balance and enforceable limitations methods described in parts 7019.3060, 7019.3070, and

7019.3090, where applicable. Calculations of actual emissions shall be based on operating

data multiplied by an emission factor. Operating data necessary to apply the emission factor

used in the calculation of emissions in this method shall be included in the emission inventory.

Operating data means the data necessary to apply the emission factor to calculate emissions.

For example, tons of material handled is the necessary operating data for an emissions factor

expressed as "tons of pollutant/ton of material handled."

Control equipment efficiency shall be based on efficiency factors as defined in part

7005.0100, subpart 9b, or shall be based on the efficiency verified by a performance test

conducted according to parts 7017.2001 to 7017.2060 and 7019.3050. Calculations of

actual emissions from an emission unit through a pollution control system that uses a hood,

as defined in part 7011.0060, subpart 2, as the emission capture device shall be based on a

capture efficiency of 80 percent. If an alternative capture efficiency has been determined by a

performance test conducted according to parts 7017.2001 to 7017.2060 and 7019.3050, that

capture efficiency shall be used in the calculation of actual emissions.

Statutory Authority: MS s 116.07

History: 21 SR 165; 32 SR 904

7019.3090 ENFORCEABLE LIMITATIONS.

If the methods in part 7019.3040 or 7019.3050 are unavailable to an emission reporting

facility or a facility issued an option B registration permit under part 7007.1120 that chooses

to be assessed a fee under part 7002.0025, subpart 1, item C, subitem (1), the facility may

calculate actual emissions using any enforceable permit limitation or applicable requirement

limitation. This method may be used in conjunction with or instead of material balance

and emission factor methods described in parts 7019.3060 to 7019.3080, where applicable.

Calculations of actual emissions shall be based on operating data multiplied by the limitation.

Operating data and a sample calculation used in the calculation of emissions in this method

shall be included in the emission inventory. Operating data means the data upon which the

emission limitation is based. For example, dscf (dry standard cubic feet) for an emission

limitation expressed as "gr/dscf" (grains per dry standard cubic feet).

Statutory Authority: MS s 116.07

History: 21 SR 165

7019.3100 FACILITY PROPOSAL.

A. The emission reporting facility may propose an alternative method for calculating

actual emissions if the emission reporting facility can demonstrate to the satisfaction of the

commissioner either:

(1) that the proposed method is more accurate than the methods in parts

7019.3040 to 7019.3090; or

(2) that none of the methods in parts 7019.3040 to 7019.3090 is technically

or economically feasible and the proposed method is accurate.

B. The proposal shall include:

10
(1) a comparison of the accuracy of the proposed method with the alternatives

in parts 7019.3040 to 7019.3090;

(2) a detailed description of the proposed method; and

(3) an explanation of why none of the alternatives in parts 7019.3040 to

7019.3090 are technically or economically feasible if the facility is making the proposal under

item A, subitem (2).

C. The proposal shall be submitted to the commissioner by September 1 of the

year for which the emissions are being calculated. The commissioner shall approve the

emission reporting facility's proposal if the commissioner finds that the facility has made

the demonstration required under item A. If the commissioner rejects the proposal, the

commissioner shall do so by November 30 of the year for which the emissions are being

calculated. Approval of a method shall expire no more than five years after the year for which

emissions were first calculated. The commissioner shall revoke approval of the method if,

after the first year's emission inventory submittal, the owner or operator or the commissioner

has determined that the method described under this part no longer accurately calculates each

unit's actual emissions. If the commissioner revokes the approval, the commissioner shall do

so by November 30 of the year for which the emissions are being calculated.

Statutory Authority: MS s 116.07

History: 21 SR 165

11
CHAPTER 7023

MINNESOTA POLLUTION CONTROL AGENCY

MOBILE AND INDIRECT SOURCES

7023.0100 DEFINITIONS.

7023.0105 STANDARDS OF PERFORMANCE

FOR MOTOR VEHICLES.

7023.0110 STANDARDS OF PERFORMANCE

FOR TRAINS, BOATS, AND

CONSTRUCTION EQUIPMENT.

7023.0115 EXEMPTION.

7023.0120 AIR POLLUTION CONTROL

SYSTEMS RESTRICTIONS.

7023.0100 DEFINITIONS.

Subpart 1. Scope. As used in parts 7023.0100 to 7023.0120, the following words shall

have the meanings defined herein.

Subp. 2. Air pollution control system. "Air pollution control system" means any device

or element of design installed on or in any motor vehicle or motor vehicle engine in order to

comply with pollutant emission restrictions established for the motor vehicle or motor vehicle

engine by federal statute or regulation.

Subp. 3. Motor vehicle. "Motor vehicle" means any self-propelled vehicle powered by

an internal combustion engine and designed for use on the public highways including, but not

limited to, automobiles, trucks, and buses.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7023.0105 STANDARDS OF PERFORMANCE FOR MOTOR VEHICLES.

No person shall cause or permit the emission of visible air contaminants from a motor

vehicle, other than one powered by a diesel cycle engine, for more than ten consecutive

seconds.

No person shall cause or permit the emission of visible air contaminants from a motor

vehicle powered by a diesel cycle engine:

A. in excess of 20 percent opacity for more than 20 consecutive seconds if the

engine was manufactured prior to January 1, 1973; or

B. in excess of ten percent opacity for more than 20 consecutive seconds if the

engine was manufactured after January 1, 1973.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

1
7023.0110 STANDARDS OF PERFORMANCE FOR TRAINS, BOATS, AND

CONSTRUCTION EQUIPMENT.

No person shall cause or permit the emission of visible air contaminants from a train, boat,

or construction equipment, which is powered by an internal combustion engine, in excess of

the limits set forth in part 7023.0105.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7023.0115 EXEMPTION.

The provisions of parts 7011.2300 and 7023.0100 to 7023.0120 do not apply to two-cycle

internal combustion engines.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614

7023.0120 AIR POLLUTION CONTROL SYSTEMS RESTRICTIONS.

No person shall remove, alter, or otherwise render inoperative any air pollution control

system.

No person shall operate a motor vehicle unless all air pollution control systems are in

place and in operating condition.

No person shall rent, lease, offer for sale, or in any manner transfer ownership of a motor

vehicle unless all air pollution control systems are in place and in operating condition.

The requirements of this part shall not restrict or prohibit the removal of any air pollution

control system for repair or replacement.

Statutory Authority: MS s 116.07 subd 4

History: 18 SR 614