### Attachment 2: Clean Copy of Rules to be IncludedCHAPTER 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 [Repealed, 21 SR 165] Subp. 2a.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 (NO
x) 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 [Repealed, 21 SR 165] Statutory Authority: MS s 116.07 History: 17 SR 440; 18 SR 1059; 21 SR 165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 timesthe 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 904CHAPTER 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,

1Norman, 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 informationdocuments 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 toCode 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 countedwhen 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 116.07History: 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. NO
x, 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 1412CHAPTER 7007 MINNESOT A POLLUTION CONTROL AGENCY PERMITS AND OFFSETS

AIR EMISSION PERMITS

7007.0050 SCOPE. 7007.0100 DEFINITIONS. 7007.0150 PERMIT REQUIRED. 7007.0200 SOURCES REQUIRED ORALLOWED TO OBT AIN A P AR T 70 PERMIT

. 7007.0250 SOURCES REQUIRED TO OBT AIN A ST A TE PERMIT

. 7007.0300 SOURCES NOT REQUIRED TO OBT AIN A PERMIT

. 7007.0350 EXISTING SOURCE APPLICA TION DEADLINES AND SOURCE OPERA TION DURING TRANSITION. 7007.0400 PERMIT REISSUANCE APPLICA TIONS AFTER TRANSITION; NEW SOURCE AND PERMIT AMENDMENT APPLICA TIONS; APPLICA TIONS FOR SOURCES NEWL Y SUBJECT TO A P AR T 70 OR ST A TE PERMIT REQUIREMENT

. 7007.0450 PERMIT REISSUANCE APPLICA TIONS AND CONTINUA TION OF EXPIRING PERMITS. 7007.0500 CONTENT OF PERMIT APPLICA TION. 7007.0501 ADDITIONAL CONTENTS REQUIRED IN A PERMIT APPLICA TION FOR A W ASTE COMBUSTOR. 7007.0550 CONFIDENTIAL INFORMA TION. 7007.0600 COMPLETE APPLICA TION AND SUPPLEMENT AL INFORMA TION REQUIREMENTS. 7007.0650 WHO RECEIVES AN APPLICA TION. 7007.0700 COMPLETENESS REVIEW

. 7007.0750 APPLICA TION PRIORITY AND ISSUANCE TIMELINES. 7007.0800 PERMIT CONTENT

. 7007.0801 CONDITIONS FOR AIR EMISSION PERMITS FOR W ASTE COMBUSTORS. 7007.0850 PERMIT APPLICA TIONNOTICE AND COMMENT

. 7007.0900 REVIEW OF P AR T 70 PERMITS BY AFFECTED ST A TES. 7007.0950 EP A REVIEW AND OBJECTION. 7007.1000 PERMIT ISSUANCE AND DENIAL. 7007.1050 DURA TION OF PERMITS. 7007.1075 PERMIT REQUIREMENTS FOR AFFECTED SOURCES. 7007.1100 GENERAL PERMITS. 7007.1102 INCORPORA TIONS BY REFERENCE. 7007.1105 ELIGIBILITY FOR ENVIRONMENT AL MANAGEMENT SYSTEM (EMS) PROVISIONS IN ST A TE PERMITS. 7007.1107 APPLICA TION AND PERMIT CONTENT RELA TED TO INCLUSION OF EMS PROVISIONS IN ST A TE PERMITS. 7007.1110 REGISTRA TION PERMIT GENERAL REQUIREMENTS. 7007.1115 REGISTRA TION PERMIT OPTION A. 7007.1120 REGISTRA TION PERMIT OPTION B. 7007.1125 REGISTRA TION PERMIT OPTION C. 7007.1130 REGISTRA TION PERMIT OPTION D. 7007.1140 CAPPED PERMIT ELIGIBILITY REQUIREMENTS. 7007.1141 CAPPED PERMIT EMISSION THRESHOLDS. 7007.1142 CAPPED PERMIT ISSUANCE AND CHANGE OF PERMIT ST A TUS. 7007.1143 CAPPED PERMIT GENERAL REQUIREMENTS. 7007.1144 CAPPED PERMIT PUBLIC P AR TICIP A TION. 7007.1145 CAPPED PERMIT APPLICA TION.

17007.1146 CAPPED PERMIT COMPLIANCE REQUIREMENTS. 7007.1147 CAPPED PERMIT CALCULA TION OF ACTUAL EMISSIONS. 7007.1148 AMBIENT AIR QUALITY ASSESSMENT

. 7007.1150 WHEN A PERMIT AMENDMENT IS REQUIRED. 7007.1200 CALCULA TING EMISSION CHANGES FOR PERMIT AMENDMENTS. 7007.1250 INSIGNIFICANT MODIFICA TIONS. 7007.1300 INSIGNIFICANT ACTIVITIES LIST

. 7007.1350 CHANGES WHICH CONTRA VENE CER T AIN PERMIT TERMS. 7007.1400 ADMINISTRA TIVE PERMIT AMENDMENTS. 7007.1450 MINOR AND MODERA TE PERMIT AMENDMENTS. 7007.1500 MAJOR PERMIT AMENDMENTS. 7007.1600 PERMIT REOPENING AND AMENDMENT BY AGENCY

. 7007.1650 REOPENINGS FOR CAUSE BY EP A. 7007.1700 PERMIT REVOCA TION BY AGENCY

. 7007.1750 FEDERAL ENFORCEABILITY

. 7007.1800 PERMIT SHIELD. 7007.1850 EMERGENCY PROVISION. 7007.3000 PREVENTION OF SIGNIFICANT DETERIORA TION OF AIR QUALITY

. 7007.3010 CONSTRUCTION OR RECONSTRUCTION OF A MAJOR SOURCE OF HAZARDOUS AIR POLLUT ANTS UNDER SECTION 112(g)(2)(B) OF THE ACT

. EMISSION F ACILITY OFFSETS 7007.4000 SCOPE. 7007.4010 DEFINITIONS. 7007.4020 CONDITIONS FOR PERMIT

. 7007.4030 LIMIT A TION ON USE OF OFFSETS. 7007.5000 BEST A V AILABLE RETROFIT TECHNOLOGY

.

AIR EMISSION PERMITS

7007.0050 SCOPE. Parts 7007.0100 to 7007.1850 apply to the issuance ofpermits 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 ofthose permits. Parts 7007.0100 to 7007.1850 apply to permits issued to stationary sources requiring permits under federal law at Code ofFederal Regulations, title 40, part 70, as amended (Operating Permit Program), or under part C (Prevention ofSignificant Deterioration ofAir Quality) or part D (Plan Requirements inNonattainment Areas) ofthe act, or under section 112(g)(2)(B) ofthe 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 ofthe act
are subject to the permitting requirements ofpart 7007.3000, incorporating by reference the provisions ofCode ofFederal 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) ofthe act are subject to the requirements ofpart 7007.3010, incorporating by reference the provisions ofCode ofFederal Regulations, title 40, sections 63.40 to 63.44, in addition to parts 7007.0100 to 7007.1850. Statutory Authority: MSs 116.07 History: 18 SR 1059; 22 SR 2300

27007.0100 DEFINITIONS. Subpart 1. Scope. The definitions in this part apply to the terms used inparts 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 ofthe United States Environmental Protection Agency (EP A) or the administrator's designee. Subp. 4. Affected source. "Af fected source" means a source that includes one or more af fected units. Subp. 5. Affected state. "Af fected state" means any state: A. whose air quality may be af fected and that is contiguous to Minnesota; or B. that is within 50 miles ofthe permitted source. Subp. 6. Affected unit. "Af fected unit" means an emissions unit that is subject to any acidrain emissions reductionrequirement or acidrain emissions limitationundertitle IV ofthe 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 EP A or the commissioner through rulemaking at the time of issuance but have future ef fective compliance dates): A. any standard, or other requirement provided for in Minnesota's implementation plan approved or promulgated by the EP A under title I ofthe act (Program and Activities), including any revisions to thatplan promulgated in Code ofFederal Regulations, title 40, part 52, as amended (Approval and Promulgation ofImplementation Plans); B. any preconstruction review requirement ofregulations promulgatedunder title I ofthe act, including part C (Prevention ofSignificant Deterioration ofAir Quality), part D (Plan Requirements for Nonattainment Areas), or section 112(g)(2)(B) (construction or reconstruction ofmajor source ofhazardous airpollutants) and the emission facility of fsetrule in parts 7007.4000 to 7007.4030, and any term or condition ofany preconstruction permit issued pursuant to those regulations or parts 7007.4000 to 7007.4030; C. any standard or other requirement under section 111 (Standard ofPerformance forNew Stationary Sources ofthe Act, including section 111(d)) (Standards ofPerformance for Existing Sources; Remaining Useful Life ofa Source); D. any standard or other requirement for hazardous air pollutants, or other requirementunder section 112 ofthe act (Hazardous AirPollutants), including anyrequirement concerning accident prevention under section 112(r)(7) ofthe act; E. any standard or other requirement ofthe acid rain program under title IV ofthe 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 ofAdministrator orAuthorized Representative) ofthe act;

3G. any standard or other requirement governing solid waste incineration, under section 129 (Solid W aste Combustion) ofthe act; H. any standard or other requirement for consumer and commercial products, under section 183(e) (Federal Ozone Measures; Control ofEmissions from Certain Sources) ofthe act; I. any standard or other requirement for tank vessels under section 183(f) (Federal Ozone Measures; T ank V essel Standards) ofthe act; J. any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone under title VI ofthe act (Stratospheric Ozone Protection), unless the administratorhas determined that such requirements neednotbe contained in apart 70 permit; K. any national ambient air quality standard adopted under section 109 ofthe act (National Primary and SecondaryAir Quality Standards) or increment orvisibilityrequirement underpart C oftitle I ofthe act (Prevention ofSignificant Deterioration ofAir Quality), but only as it would apply to temporary sources permitted pursuant to section 504(e) ofthe act (Permit Requirements and Conditions; T emporary Sources); L. any national ambient air quality standard adoptedunder section 109 ofthe act or increment orvisibility requirementunderpart C oftitle I ofthe act not addressed in item K; M. any state ambient air quality standard under chapter 7009; N. any requirement to pay an emissions fee underpart 7002.0025; O. any standard or other requirement ofthe air pollution episodes rule in parts 7009.1000 to 7009.1110; P

. any standard or other requirement pursuant to the Standards ofPerformance 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 requirementunder the emissions inventory provisions ofchapter 7019; T

. any standard or other requirement ofthe acid deposition control rule under chapter 7021; U. any standard or otherrequirementrelated to noise pollutionunder chapter 7030; V

. any standard or other requirement established under section 169A (V isibility Protection for Federal Class I Areas) or 169B (V isibility) ofthe act including emission limits established in the determination ofbest available retrofit technology; and W

. any standard or other requirement ofthe 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 ofa specific time block, such as three hours, eight hours, or 24 hours, forthat time block. The average is determinedby summing all datapoints forthetimeperiod, anddividingthe sumbythenumberofdatapoints. Forexample,
a daily-calculated, 24-hour block average is calculated by summing all one-hour data points

4from 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.

5Subp. 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.

6Subp. 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 ofoperation ofan emissions unit, emission facility , or stationary source that results in an increase in the emission ofa regulated airpollutant. Emissions are considered to increase ifthere is an increase in the rate ofemissions ofany regulated airpollutant, or new emissions ofa regulated airpollutant not previously emitted, from any unit at the source. T o determine ifthere is an increase in the rate ofemissions, the agency shall compare the pounds perhour ofemissions atmaximum capacity before and after the physical or operational change, using the method ofcalculation described in part 7007.1200. Subitems (1) to (5) are not, by themselves, considered modifications under this definition: (1) aphysical change or a change in the method ofoperation that is explicitly allowedunder apermit, or allowedunder a court order, consent decree, stipulation agreement, schedule ofcompliance, or order issued by the agency ifthe document states that no permit amendment is required; (2) routine maintenance, repair, and replacement; (3) an increase inproductionrate ofan existing emissions unit ifthat increase is not in violation ofa permit condition, applicable requirement, court order, consent decree, stipulation agreement, schedule ofcompliance, or order issued by the agency; (4) an increase in the hours ofoperation that does not increase the rate of emissions and is not in violation ofa permit condition, applicable requirement, court order, consent decree, stipulation agreement, schedule ofcompliance, or order issuedby the agency; and (5) use ofan alternative fuel ifthe source is ordered to switch fuels by the state or federal government. Subp. 15. Part 70 permit. "Part 70 permit" means apermit issuedunderpart 7007.0200 and Code ofFederal 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 ofpart 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, registrationpermits, and general permits. Subp. 18. Proposed permit. "Proposed permit" means the version ofa 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 airpollutant" means the following: A. nitrogen oxides (NO
x) or any volatile organic compound;

7B. any pollutant for which a state or national ambient air quality standard has been promulgated; C. anypollutantthat is subjectto anynew source performance standardpromulgated under section 111 ofthe act; D. any class I or II substance listedpursuant to section 602 ofthe act (Stratospheric Ozone Protection; Listing ofclass I and class II Substances); or E. any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 ofthe act (Hazardous Air Pollutants), including sections 112(g)(2)(B) (construction or reconstruction ofmajor source ofhazardous 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) ofthe act. If the administrator fails to promulgate a standard by the date established pursuant to section 112(e) ofthe act (Schedule for Standards andReview), anypollutant forwhich a subject source wouldbe major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) ofthe act; and (2) any pollutant for which the requirements ofsection 112(g)(2)(B) (construction or reconstruction ofa major source ofhazardous airpollutants) ofthe 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 apermit is reissued at the end ofits term. Subp. 21. Responsible official. "Responsible of ficial" means one ofthe following: A. For a corporation: a president, secretary , treasurer, or vice-president ofthe corporationincharge ofaprincipalbusiness function, oranyotherpersonwhoperforms similar policy or decision-making functions for the corporation, or a duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for or subjectto apermit and either: (1) the facilities employ more than 250 persons orhave gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars); or (2) the delegation ofauthority 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 ofsuch person ifthe representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for or subject to apermit and the delegation ofauthority to a representative is approved in advance by the agency

. C. For a municipality , state, federal, or other public agency: either a principal executive of ficer orranking elected of ficial or a duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone or more facilities applying for or subject to a permit and the delegation ofauthority to a representative is approved in advance by the agency

. For the purposes ofthis part, a principal executive of ficer ofa federal

8agency 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;

9B. any condition based on a source-specific determination ofambient impacts imposed for the purpose ofachieving or maintaining attainment with a national ambient air quality standard and which was part ofa state implementation plan approved by the EP A or submitted to the EP A and pending approval under section 110 ofthe act; C. any condition for which there is no corresponding underlying applicable requirement and that the stationary source has assumed to avoidbeing subject to a new source review program underpart C (Prevention ofSignificant Deterioration ofAir Quality) orpart D (Plan Requirements forNonattainment Areas) or a preconstruction review program under section 112(g)(2)(B) ofthe act or implementing state rules or federal regulations; and D. any condition which is part ofa plan approved by the EP A or submitted to the EP A andpending approval under section 111(d) (Standards ofPerformance forNew Stationary Sources) or section 129 (Solid W aste Combustion) ofthe act. Subp. 26. Title I modification. "Title I modification" means any change that constitutes any ofthe following: A. Construction or reconstruction ofa major hazardous air pollutant source as defined in Code ofFederal Regulations, title 40, section 63.41, as amended, or any otherrules adopted by the administrator under section 112(g)(2)(B) ofthe 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 ofthe 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 itselfwould exceed major stationary source thresholds as defined in Code ofFederal Regulations, title 40, section 52.21(b)(1)(i). D. A new source performance standards modification: any modification as defined in Code ofFederal Regulations, title 40, section 60.14, as amended, or any otherrules adopted by the administrator under section 111 ofthe act. E. A hazardous airpollutant 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 ofthe act. F

. Plantwide applicability limit (P AL) establishment, renewal, or increase: establishment, renewal, orincrease in emissions ofan actual P AL as defined in Code ofFederal Regulations, title 40, section 51.165, paragraph (f), or 52.21, paragraph (aa), as amended, or in any other rules adopted by the administrator underpart C or D ofthe act. G. Any other change that constitutes a modification under any provision oftitle I ofthe act. Subp. 27. T ransition period or transition. "T ransitionperiod" or "transition" means the time period from October 18, 1993, until three years after EP A grants full program approval as determined in Code ofFederal Regulations, title 40, section 70.4(e). Subp. 28. [Repealed, 23 SR 2224] Statutory Authority: MSs 116.07

10History: 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 emissionpermit from the agency

. Exceptions to the requirement to obtain apermit are located inpart 7007.0300. Exceptions to the requirement to obtain apermit 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 inparts 7007.0200 and 7007.0250 may alternately be obtained in the form of
a general permit, ifavailable, underpart 7007.1100. Permits may also alternately be obtained in the form ofa registration permit under parts 7007.1110 to 7007.1130, ifthe stationary
source qualifies under those parts; or in the form ofa cappedpermit underparts 7007.1140 to 7007.1148, ifthe stationary source qualifies under those parts. Subp. 3. Environmental policy act. The requirements ofparts 7007.0100 to 7007.1850
are in addition to the applicable requirements ofMinnesota Statutes, chapter 116D, which may apply before a permit can be issued. Subp. 4. Calculation ofpotential to emit. A. For purposes ofparts 7007.0200 and 7007.0250, the owner or operator ofa stationary source shall calculate the stationary source's potential to emitusing the definition in part 7005.0100, subpart 35a, except as provided in subitems (1) to (4). (1) Emissions causedby activities described in subpart 2 ofthe insignificant activities listinpart 7007.1300 shallnotbe consideredinthe calculation ofpotential emissions. (2) Emissions causedby activities described in subpart 3 ofthe insignificant activities list in part 7007.1300 shall be considered in the calculation ofpotential emissions if required by the agency underpart 7007.0500, subpart 2, item C, subitem (2). (3) Emissions caused by any conditionally insignificant activity must be considered in the calculation ofpotential emissions ifrequired by the agency under part 7007.0500, subpart 2, item C, subitem (2). (4) Ifa stationary source consists in part ofemissions units that could have qualified as a conditionally exempt stationary source under chapter 7008 but for the presence ofothernoneligible emissions units, potential emissions causedby emissions from those units may be based on the limits imposed under chapter 7008 provided that general and technical standards ofchapter 7008 are met with regard to those emissions units. Calculations ofemissions under this subpart are only intended to determine ifa permit is required.

11B. T o make the determination ofwhether apermit is required, the owner or operator ofa stationary source shall use the potential to emit calculation method described in item A. T o determine what type ofpermit is required, ifa permit is required, the control equipment ef ficiency determined by part 7011.0070 for listed control equipment at a stationary source may be used in calculating emissions ifthe owner or operator is in compliance with parts 7011.0060 to 7011.0080. C. When calculating emissions to determine ifapermit amendment is required, the calculation method stated in part 7007.1200 shall be used. Subp. 5. V ariances 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: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 27SR 1579; 29 SR 626

7007.0200 SOURCES REQUIRED ORALLOWED TO OBT AIN A P AR T 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 ofparts 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. Ifthe owner or operator ofa stationary source is requiredto obtain apart 70 permitby subpart 2, item B or C, the owner or operator shall also separately determine under subpart 2, item A, ifthe stationary source is a major source subject to major source requirements under section 112 ofthe 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 ofthe act (Hazardous Air Pollutants), which is defined as: (1) Forpollutants other than radionuclides, any stationary source that emits
or has the potential to emit, in the aggregate, ten tons per year or more ofany hazardous air pollutant which has been listed pursuant to section 112(b) ofthe act, 25 tons per year or more ofany combination ofsuch 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.

12B. A major stationary source ofairpollutants, as defined in section 302 ofthe act (General Provisions; Definitions), that directly emits or has the potential to emit, 100 tons per year or more ofany air pollutant (including any major source offugitive emissions of any such pollutant, as determined by rule by the administrator). The fugitive emissions ofa stationary source shall notbe considered in determining whether it is a major stationary source for the purposes ofsection 302(j) ofthe act, unless the stationary source belongs to one ofthe following categories ofstationary 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 ofcharging more than 250 tons ofrefuse 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 ofmore 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 ofthe act.

13C. A major stationary source as defined in part D oftitle I ofthe 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 ofvolatile organic compounds or oxides ofnitrogen 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 ofnitrogen 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) ofthe act, that requirements under section 182(f) ofthe act do not apply; (2) for ozone transport regions establishedpursuant to section 184 ofthe act, stationary sources with the potential to emit 50 tons or more per year ofvolatile organic compounds (VOC's); (3) for carbonmonoxide 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 ofcarbon monoxide; and (4) forparticulate matter (PM-10) nonattainment areas classified as serious, stationary sources with the potential to emit 70 tons or more per year ofPM-10. Subp. 3. Affected sources. An af fected 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 ifit is: A. a major source under subpart 2; B. required to obtain a permit under section 129(e) ofthe act (Solid W aste Combustion, Permits); or C. a new or existing waste combustor for which a performance standard has been promulgated under section 129(a)(1) ofthe act. Subp. 5. Other part 70 sources. Another stationary source which the administrator requiresbyruleto obtainapermitincompliancewithCode ofFederalRegulations, title40, part 70, as amended (Operating Permit Program) must obtain a permit under this part. Stationary
sources which the EP A administrator may require by rule to obtain a part 70 permit include those described in Code ofFederal 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 ofthe act, including area sources, may choose to obtain a part 70 permit under subpart 2. Statutory Authority: MSs 116.07 History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 28 SR 1482; 29 SR 626

147007.0250 SOURCES REQUIRED TO OBT AIN A ST A TE 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 ofparts 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 af fected facility , as that term is defined in Code ofFederal Regulations, title 40, section 60.2, as amended, that is subject to a standard under Code ofFederal Regulations, title 40, part 60, as amended (Standards ofPerformance for New Stationary Sources); or B. the stationary source is subject to a standardunder Code ofFederal 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 ifthe agency notifies the source that such a permit is needed as part ofa state implementation plan to be submitted to the EP A 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 ifit 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 SO2 50.0 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 apart 70 permitunderpart 7007.0200. However, a stationary
source that would otherwise be required to obtain a part 70 permit underpart 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. W aste 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 inpart 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 ofpart 7011.1235, subpart 1, but uses alternative techniques to achieve equivalent ambient pollution concentrations, must obtain a15permit 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 underthis part, orwhich 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, ifthe 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, ifthe stationary source qualifies under those parts. Statutory Authority: MSs 116.07 History: 18 SR 1059; 18 SR 2584; 19 SR 1345; 20 SR 2316; 29 SR 626

7007.0300 SOURCES NOT REQUIRED TO OBT AIN 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 wouldbe requiredto obtain apermit solelybecause it is subjectto one ormore ofthe following
new source performance standards: (1) Code ofFederal Regulations, title 40, part 60, subpart AAA, Standards of Performance forNew Residential W oodHeaters (incorporatedbyreference atpart 7011.2950); (2) Code ofFederal Regulations, title 40, part 60, subpart JJJ, Standards of Performance for Petroleum Dry Cleaners (incorporatedby reference atpart 7011.3250); (3) Code ofFederal Regulations, title 40, part 60, subpart Kb, Standards of Performance forV olatile Organic Liquid Storage V essels (including Petroleum Liquid Storage V essels) for Which Construction, Reconstruction or Modification Commenced after July 23, 1984 (incorporated by reference at part 7011.1520, item C), ifall 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 ofFederal Regulations, title 40, part 60, subpart Dc, Standards ofPerformance for Small Industrial-Commercial-Institutional Steam Generating Units (incorporated by reference at part 7011.0570), ifall steam generating units subject to this standard at the stationary source are only capable ofcombusting natural gas orpropane; and (5) Code ofFederal Regulations, title 40, part 60, subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (incorporated by reference atpart 7011.3520), ifall 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 ofthe af fected unit to demonstrate compliance with the standard;

16C. notwithstandingparts 7007.0200 and 7007.0250, any stationary source thatwould be required to obtain apermit solely because it is subject to Code ofFederal Regulations, title 40, part 61, subpart M, National Emission Standard for Hazardous Air Pollutants forAsbestos, section 61.145, Standard forDemolition andRenovation, or 61.154, Standard forActive W aste 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 ofall 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 of fice and be readily available for examination and copying by the commissioner or a representative ofthe 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 ofFederal Regulations, title 40, part 60, and that is subject only to the notification and record-keeping provisions ofthe applicable standards. Subp. 2. [Repealed, 21 SR 165] Statutory Authority: MSs 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 APPLICA TION DEADLINES AND SOURCE OPERA TION DURING TRANSITION. Subpart 1. T ransition applications under this part; deadline based on SIC code. Initial permit applications underparts 7007.0100 to 7007.1850 for an emission unit, emission facility , or stationary source in operation on October 18, 1993, shall be considered timely ifthey meet the requirements ofthis part. A. An owner or operator ofan existing stationary source with a Standard Industrial Classification (SIC) Code number in the left column ofthe 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 2400to 2999 and4953, excluding2951 and2952 April 15, 1995

C 3000 to 4499 June 15, 1995

D 4500 to 5099, excluding 4953 September 15, 1995

17E 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. Ifmore than one SIC code describes activities at the stationary source, the SIC code that represents the primary type ofactivity ofthe stationary source shall be used. Ifno single SIC code represents the primary type ofactivity ofthe stationary source, the lowest SIC code that describes activities at the stationary source shall be used. C. Ifa 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 ofits applications according to a subsequent deadline ofthis 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 ifthey 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 ofstationary sources may be deferredby the commissionerunder the following circumstances: a source or sources will
soon be subject to a new federal requirement that will af fect 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 notbe deferred
more than two years after EP Aprogram approval. The source or sources are requiredto submit the permit application by the new date specifiedby the commissionerunder this item. E. The owner or operator ofa stationary source must comply with the applicable deadline in this part, even though the stationary source maybe operating under apermit issued by the agency underparts 7001.1200 to 7001.1220 (the permit rules in ef fect before October 18, 1993), andthe permit is not due to expire until afterthe applicable deadline inthis part. Ifa 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, butbefore the applicable deadline, the owner or operator need not reapply before expiration ofthe permit, but shall comply with the applicable deadline in this part. F

. Except as provided in subitems (1) and (2), the agencywaives its authority to take enforcement action against the owner or operator ofa stationary source for failure to obtain a permit authorizing operationunderparts 7001.1200 to 7001.1220, ifthe owner or operatorfiles
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 ofpart C (Prevention ofSignificant Deterioration of Air Quality) orpart D (Plan Requirements forNonattainment Areas) ofthe act, orregulations 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 hadbeen obtained under those parts. Subp. 2. Compliance with permit or applicable requirements during transition. A. Ifa stationary source is operating under an air emission permit issued by the agencyunderparts 7001.1200 to 7001.1220 which has not expired as ofOctober 18, 1993, and ifthe permittee submits a timely and complete application forreissuance 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 ofthe existing permit and all applicable requirements. B. Ifan owner or operator ofa stationary source has filed an application for apermit butnotyetreceived it, the stationary source shall be operated in compliance with all applicable requirements until the permit is issued. Subp. 3. Application shield. A. Ifan owner or operator ofan emissions unit, emission facility , or stationary
source in operation on October 18, 1993, submits an application that is timely under this part and complete underpart 7007.0600, the continued operation ofthe stationary source pending agency review ofthe permit application is not a violation ofpart 7007.0150, subpart 1. B. Ifafter 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 ofenforcement authority

. The agency reserves its authority to take enforcement action against any source that violated the permitting requirements ofparts 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 ofthe 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: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 19 SR 1666; 20 SR 2316

7007.0400 PERMIT REISSUANCE APPLICA TIONS AFTER TRANSITION; NEW SOURCE AND PERMIT AMENDMENT APPLICA TIONS; APPLICA TIONS FOR SOURCES NEWL Y SUBJECT TO A P AR T 70 OR ST A TE PERMIT REQUIREMENT

. Subpart 1. Requirement for application. Applications for reissued permits after the transition period shall be considered timely ifthey meet the requirements ofsubpart 2. Applications for permits for new stationary sources or amendments shall be considered

19timely ifthey meet the requirements ofsubpart 3. An application for a total facility permit from a stationary source that, because ofa 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 ofthe change ormodification underpart 7007.0750, subpart 5, shall be considered timely ifit meets the requirements ofsubpart 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 ofthe 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 ifthe agency determines that an earlier application is needed to minimize the possibility ofexpirationprior to reissuance. The agency may make this determination ifit anticipates a relatively lengthy permit review process due to the complexity ofthe stationary source or anticipated involvement ofthe public. In no event shall the permit require application for reissuance sooner than nine months prior to the expiration ofthe 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 amendmentbe submitted at least 180 days before the planned date forbeginning actual construction ofthe new stationary source orbeginning actual construction ofthe modification ofthe 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. Ifthe reason for the application for an amendment is the adoption ofa new or amended federal applicable requirement, and the remaining life ofthe permit is three years or longer, the permittee shall file an application for an amendment within nine months ofpromulgation ofthe applicable requirement. The preceding sentence does not apply ifthe ef fective date ofthe requirement is laterthan 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. Ifa modification or change at a stationary
source wouldmake the source subject forthe firsttime to the requirementto obtain apart 70 or state permit afterthe application deadline inpart 7007.0350, subpart 1, and the agency issues a permitauthorizing installationoroperationofthe change ormodificationunderpart7007.0750, subpart 5, the owner or operator shall submit an application for a total facility permit: A. within 180 days after commencing operation ofthe change or modification that triggered the permit requirement, ifthe owner or operator is applying for a state, registration,
or general permit; or B. within 365 days after commencing operation ofthe change or modification that triggered the permit requirement, ifthe owner or operator is applying for apart 70 permit. Statutory Authority: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 23 SR 2224

207007.0450 PERMIT REISSUANCE APPLICA TIONS AND CONTINUA TION 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 ef fect without regard to permit expiration or reissuance, and shall be restated in the reissued permit. Subp. 3. Continuation ofan expiring permit. Ifthe owner or operator ofa stationary
source has submitted a timely and complete application for reissuance ofa permit, the permit shall not expire until the permithas been reissued orthe reissuance has been denied, unless the agency determines that any ofthe 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 ofan action or failure to act ofthe permittee, has been unable to take final action on the application on orbefore the expiration date ofthe permit; or C. the permittee has submitted an applicationwithmajor deficiencies orhas failedto properly supplement the application in a timely manner afterbeing informed ofdeficiencies. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.0500 CONTENT OF PERMIT APPLICA TION. Subpart 1. Standard application form and required information. A. The applicant shall submit an application on a standard application formprovided by the agency

. The agency may create dif ferent forms for dif ferent types ofstationary sources. Regardless ofwhether 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 additionto the requirements ofthis part, applicants forpermits subjectto anew source review program underpart C (Prevention ofSignificant Deterioration ofAir Quality)
orpart D (Plan Requirements forNonattainment Areas) ofthe act shall also comply with the application requirements ofpart 7007.3000 orparts 7007.4000 to 7007.4030, respectively

. D. Applicants for permits subject to preconstruction requirements under section 112(g)(2)(B) (construction orreconstruction ofmajor source ofhazardous airpollutants) ofthe act shall also comply with the application requirements ofpart 7007.3010, incorporating by reference the provisions ofCode ofFederal Regulations, title 40, sections 63.40 to 63.44. E. An applicant is notrequired 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

21required, or unless the source is required to make such a showing under the preconstruction review requirements ofpart 7007.3000 orparts 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 ifdif ferent 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 ifdif ferent. B. A description ofthe 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 unitwithin the stationary source, except as provided otherwise in subitems (2) to (11). Notwithstanding the first sentence, ifa 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 describedunderpart 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 inthe same manner as stack emissions, regardless ofwhetherthe stationary source category in question is includedinthe list ofstationary sources contained in the definition ofmajor 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 ofthe insignificant activities list and conditionally insignificant activities. Ifrequestedby the agency , the permittee shall provide a calculation ofemissions from any activity described in subparts 3 and 4 ofthe insignificant activities list and conditionally insignificant activities. The agency shall request such a calculation ifit finds that the emissions from those activities, in addition to other emissions from the stationary source, could make the stationary source subject to dif ferent applicable requirements underparts 7007.0100 to 7007.1850. (3) A permit application shall identify and describe each emission point in suf ficient detail to verify the applicability ofall applicable requirements. This shall include the location ofall emission points, and the location ofall emissions units and processes venting through each emissionpoint. In addition, ifthe exhaust gas flow rate and temperature, and the stackheight and diameter ofan emissionpoint are neededto determine applicability ofor show compliance with any applicable requirement, this information shall be provided. For stationary
sources that are major sources ofsulfur 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 ofthe 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 airpollutant and each hazardous air pollutantthat is notyet aregulated airpollutant, as defined inpart 7007.0100, subparts 12a and 19, exceptthatpollutants which are regulated solelyunder section 112(r) ofthe actneednotbe included andpollutants regulated solely under section 602 ofthe act need notbe included. In addition, for each emissions unit subject to an applicable requirement, the permit application shall specify , in tons per year, the potential emissions ofthe same pollutants referenced in the previous sentence. Ifthe 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) Apermit application shallprovide the information on actual emissions for the preceding calendaryearrequired 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 ofactual annual emissions required in this subitem. (a) The permittee shall provide actual emission rates, in tons peryear, 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 underpart 7007.0200, subpart 2, the permittee shall provide actual emission rates, in total tons per year, or if emissions ofa 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, fueluse, rawmaterials, productionrates, and operating schedules. (8) A permit application shall identify and describe all airpollution control equipment and compliance monitoring devices or activities. A permit application shall also contain the design operating ef ficiency ofthe 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 af fects emissions ofregulated airpollutants. (10) A permit application shall include additional information ifrequiredby any applicable requirements (such as information related to stackheight limitations developed pursuant to section 123 ofthe 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 ofthe citations and titles ofall applicable requirements to which the permittee is subject. Citations mustbe to the latest codification ofthe regulatory requirements at the time ofapplication. (2) Ifthe stationary source is required to test its emissions to determine compliance, a permit application must include either: a citation to a rule or regulation 23establishing the test method for measuring emissions or, ifsuch 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 ofparts 7007.0100 to 7007.1850, or to determine the applicability ofsuch requirements. The agency may request the applicant to provide such information in a supplemental submittal. F

. Forpart 70 permit applications only , an explanation ofany 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 ofcomplying with a federally enforceable emissions cap that is established in the permit independent ofotherwise applicable requirements, under conditions in part 7007.0800, subpart 10. The application shall include proposed replicable procedures andpermit terms that ensure the emissions are quantifiable and enforceable. H. The applicant may request the agency to allow in the permit alternative operating scenarios. Ifsuch 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 ofthe permit. This option is available only under the conditions in part 7007.0800, subpart 12. J. For state permit applications only , a description ofthe compliance status ofthe stationary source with respect to all applicable requirements and the requirements ofparts 7007.0100 to 7007.1850, and a description ofthe methods used to determine compliance, including a description ofmonitoring, record keeping, and test methods. K. For part 70 permit applications only , a compliance plan that contains the following: (1) A description ofthe compliance status ofthe stationary source at the time ofapplication submittal with respect to all applicable requirements and the requirements of parts 7007.0100 to 7007.1850, and a description ofthe methods usedto determine compliance, including a description ofmonitoring, recordkeeping, and test methods. The applicant shall identify in the description ofcompliance status any past modifications at the stationary source for which preconstruction review was required under section 112(g)(2)(B) (construction or reconstruction ofmajor source ofhazardous air pollutants) ofthe 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 ef fective during the permit term, a statement that the stationary source will meet such requirements on a timely basis.

24(4) For applicable requirements for which the stationary source is not in compliance at the time ofapplication submittal, a proposed schedule ofcompliance. Such a schedule shall include a date specific schedule ofremedial measures, including an enforceable sequence ofactions with milestones, leading to compliance in the shortestreasonable period of time. The proposed schedule ofcompliance shall begin at the time ofpermit 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. Forpart 70 permit applications only , aproposed 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 formore frequent compliance certifications ifrequiredby
an applicable requirement. N. Ifsubject to the following laws, a statement ofwhetherthe stationary source has: (1) prepared apollutionpreventionplan and submitted apollutionprevention progress report to the commissioner as requiredby the Minnesota T oxic 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 of ficial, as defined inpart 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 andbeliefformed afterreasonable 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 ofthe stationary source ifthey are not the same. Subp. 4. Title IV source application. Af fected sources shall use nationally standardized forms foracidrainportions ofpermitapplications andcomplianceplans, asrequiredbyCode of Federal Regulations, title 40, part 72, as amended. The compliance plan content requirements ofsubpart 2 shall apply to the acid rain portion ofthe af fected source's permit application, except as specifically supersededby Code ofFederal 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: MSs 116.07

25History: 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 APPLICA TION FOR A W ASTE 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 ofoperating 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 ofthe results ofan analysis ofthe solid wastes or mixtures ofsolid wastes to be combusted, which uses the sampling methods prescribed in "T est Methods for Evaluating Solid W aste," 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 ofthe method are equivalent to that ofthe method set forth in "T est Methods for Evaluating Solid W aste," SW -846. The study shall include all ofthe analyses in subitems (1) to (4). (1) A fractional analysis ofthe solid waste, including percentage by weight ofcombustible and noncombustible materials in the solid waste stream and a solid waste sort that identifies, at a minimum, the percent by weight ofpaper, 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 ofthe solid waste, which shall include the percentage ofvolatile matter, moisture content, ash content, and fixed carbon by dif ference. Analysis methods used to determine the proximate analysis ofthe solid waste shall be performed in accordance with ASTM methods E897, E790, and E830 for volatile matter, moisture content, and ash content, respectively

. (3) Anultimate analysis ofthe solidwaste, which shall include thepercentage ofcarbon, hydrogen, nitrogen, oxygen, sulfur, chlorine, and oxygen by dif ference. Analysis methods used to determine the ultimate analysis ofthe 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 ofthe solid waste. Analysis methods used to determine the heat value ofthe 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 methodwhere the commissioner determines precision and accuracy ofthe method are equivalent to that ofthe methods set forth in ASTM E955. B. A detailed engineering description ofeach waste combustorunit, including:

26(1) the manufacturer's name and model number, ifdetermined at the time of application for an air emission permit; (2) the type ofcombustion system; (3) a description ofthe auxiliary fuel system, including the type and feedrate system controls available forthe fuel systems and the number, size, and location ofburners; (4) the design capacity ofeach waste combustor unit; (5) a description ofsolid waste handling and solid waste feed controls, including a description ofthe fuel feed equipment, automatic feed controls, shutof fdevices, and the maximum feed rate forwhich the equipment was designed in pounds perhour; (6) location and description ofdevices and controls which indicate temperature and air flow; and (7) forwaste combustors which combust solid waste with another fuel, other than the auxiliary fuel, a description ofhow solid waste and other fuels are combined. C. A description ofthe site, including storage space for solidwaste, noncombustible materials, chemicals, recyclables, the solid wastes not allowed to be combusted by part 7011.1220, and ash. D. A description ofthe ash handling facilities, including on-site storage, and transport within the boundaries ofthe stationary source or emission facility

. E. Ifthe unit load is measured using a method other than steam flow as allowedby part 7011.1260, subpart 3, item A, subitem (2), a description ofthe 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 ofthe 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 oftoxic 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 ofthese functions and activities to the maximum extent feasible and prudent, in order to: (1) reduce the total content and leachable levels oftoxic contaminants in ash, including, but not limited to, cadmium and lead; (2) reduce the quantity ofash including, but not limited to, the amount of noncombustibles in the solid waste stream; and (3) reduce the quantity ofsolid waste processing residuals that require disposal.

27B. An applicant seeking reissuance ofa permit to combust mixed municipal solid waste or refuse-derived fuel must provide, for each ofthe previous five years, the amount of waste combusted, the amount offlue gas conditioning chemicals used, and the amount ofash disposed. The ratio ofash generated less flue gas conditioning agents to waste combusted shall be computed for each ofthe previous five years. The application shall also include data on the constituents ofthe waste combustor's ash and how to further reduce the level oftoxic contaminants in the ash. Subp. 7. Ash management plan. The application shall include the applicant's plan for disposal ofthe ash generated by the waste combustor, treatment ofwater 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 ofthe 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 ofequipment to achieve ambientpollutant concentrations that would have been achieved with the use ofthe minimum stack height required in part 7011.1235, subpart 1. Statutory Authority: MSs 116.07 History: 18 SR 2584; 22 SR 1975

7007.0550 CONFIDENTIAL INFORMA TION. A person may request the agency to treat information submittedunderparts 7007.0100 to 7007.1850 as confidential by following the procedures establishedby part 7000.1300. Where the agency is required to submit information to the EP A, the confidentiality ofthat information will be governed by Code ofFederal Regulations, title 40, part 2, as amended. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.0600 COMPLETE APPLICA TION AND SUPPLEMENT AL INFORMA TION REQUIREMENTS. Subpart 1. Complete application. T o be deemed complete, an application must provide all information required by part 7007.0500, except that an application for a permit amendmentunderparts 7007.1450 and 7007.1500 need supply information only ifit is related to the proposed amendment. Information required under part 7007.0500 must be suf ficient 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 of ficial consistent with part 7007.0500, subpart 3. Subp. 2. Duty to supplement or correct application. Any applicantwho 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 ofsuch 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

28applicable to the stationary source after the date it filed a complete application but prior to release ofa draft permit. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.0650 WHO RECEIVES AN APPLICA TION. Subpart 1. Applications submittal. Permit applicants shall submit two printed copies ofthe complete application and all supplemental information requested by the agency to the information coordinator, Air Quality Division, Minnesota Pollution Control Agency

. Upon request ofthe agency , the applicant shall submit additional copies ofthe application directly to the administrator, af fected 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 ofafloppy diskorthrough electronic data submittal. Ifthe informationis 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 ofthe application certification requiredby part 7007.0500, subpart 3, shall always be required to be provided onpaper

. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.0700 COMPLETENESS REVIEW

. A. W ithin one week ofreceipt ofan application other than a minor amendment application, the agency shall notify the applicant in writing that ithas received the application. B. W ithin 60 days ofreceipt ofan application other than a minor amendment application, the agency shall notify the applicant in writing ofwhether the application is complete. Ifthe 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 forpermit issuance underpart 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. Ifan application or a written request for an administrative amendment is incomplete, the agency shall identify the incomplete portions ofthe application orrequest and outline the actions needed to complete the application or request. D. If, during processing ofa permit application that has been deemed complete, a minorpermitamendmentapplication, orawrittenrequestforan 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. Ifan applicant fails to respondto requests for additional information within the time periodrequested, the application
orrequest shall be deemed incomplete. Applicants who have already made a change orbegun actual construction ofamodification at apermitted facilityunderpart 7007.1450, shall provide the additional information within the time period specified by the agency

.

29E. Items A and B do not apply to written requests for administrative amendments. Statutory Authority: MSs 116.07 History: 18 SR 1059; 23 SR 2224

7007.0750 APPLICA TION PRIORITY AND ISSUANCE TIMELINES. Subpart 1. Prioritization ofapplications. 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. W ithin 12 months ofreceiving 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 ofthe end ofthe public comment period if: (1) no meetings or hearings are requested underpart 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 EP A comment on the application. Ifany ofthe circumstances in subitems (1) to (3) occur, the agency shall take final action
on the application within 18 months ofreceiving the complete application. B. W ithin six months ofreceiving a complete application for amoderate 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 ofthe end ofthe public commentperiod if: (1) no meetings or hearings are requested underpart 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 EP A comment on the application. Ifany ofthe circumstances in subitems (1) to (3) occur, the agency shall take final action within nine months ofreceiving 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 ofreceiving 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 ofthe administrator's 45-day review period in the case ofpart 70 permits. The agency shall take final action on awritten request for
an administrative amendment within 60 days ofreceiving the complete request.

30D. Ifthe applicantis requiredto submitadditional informationunderpart7007.0700, item D, and ifthe 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 oftime it takes to provide the information. The agency may also extend the deadlines under items A, B, and C upon written request ofthe applicant. E. Deadlines for agency action under this part may be extended as described in this item forpermitting actions subject to environmental review under Minnesota Statutes, chapter 116D, and implementing regulations. Ifthe prohibition on final governmental decisions under part 4410.3100 is in ef fect 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 offederal regulations at Code ofFederal Regulations, title 40, section 72.73, as amended (Acid Rain Permits Regulation). Subp. 3. Final action. For purposes ofthis part and triggeringjudicial 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 ofthese actions by the deadline applicable underthis 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. Ifthe agency denies the request or application it shall explain why

. Ifthe agency revises aproposedpermit or amendment which has been subject to EP A review , it shall resubmit the amendment to the administrator

. Subp. 4. T ransition period. The timelines in subpart 2, item C, do not apply to applications receivedprior to the date three years after EP A 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 operationpermit) priorto issuance ofan operating permit covering the entire stationary source (a total facility permit) ifthe 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 apart 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 suf ficient information about the entire stationary source to be able to comply with the requirements ofpart 7007.1000. The requirements ofparts 7007.0100 to 7007.1850 that apply to modifications to a stationary source with a total facility permit shall also apply to modifications authorizedunder this part. The owner or operator ofa stationary source that obtains an installation and operation permitunderitemA, subitem(2), shall lose itsrightto operatethe stationary source ifthe owner

31or operator fails to submit an application for a total facility permit in the time requiredby part 7007.0400, subpart 4, and shall be considered to be in violation ofpart 7007.0150, subpart 1. Subp. 6. [Repealed, 22 SR 1237] Subp. 7. T wo-stage issuance ofpart 70 permits and part 70 permit amendments authorizing construction or modification. A. Ifa part 70 permit or part 70 permit amendment authorizing construction or modification: (1) is subject to the requirements ofa new source review program underpart C (Prevention ofSignificant Deterioration ofAir Quality) or part D (Plan Requirements for Nonattainment Areas) ofthe act; or (2) would include an enforceable limitation assumed to avoid being subject to a new source review program under part C or D ofthe act, the agency shall send the permit to the permittee after all requirements ofthe new source review program have been satisfied or after all requirements to avoid applicability ofnew 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 requiredby the new source review program or developed to avoid applicability ofnew 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 EP A's 45-day review period described in part 7007.0950, and in compliance with all other applicable provisions ofparts 7007.0100 to 7007.1850. Ifthere is no change to the remaining permit conditions, the agency shall issue the remaining permit conditions by
means ofnotifying the permittee in writing that the remaining permit conditions ofthe permit previously sent under item A shall be considered issued. C. The permittee may begin actual construction and operation ofa stationary
source or modification upon issuance ofthe conditions under item A to the extent authorized by those conditions. Subp. 8. T wo-stage issuance ofpermits subject to section 112(g)(2)(B) requirements. A. Ifa permit or permit amendment is subject to the requirements ofsection 112(g)(2)(B) ofthe act, the agency shall send the permit to the permittee after all requirements ofthe section 112(g)(2)(B) program have been satisfied. The agency shall at the same time notifythepermittee inwriting thatthosepermit conditions requiredbythe 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 ofparts 7007.0100 to 7007.1850. Ifthere is no change to the remaining permit conditions, the agency shall issue the remaining permit conditions by means ofnotifying the permittee in writing that the remaining permit conditions ofthe permitpreviously sentunder item A shall be considered issued.

32C. The permittee may begin actual construction and operation ofa stationary
source or modification upon issuance ofthe conditions under item A to the extent authorized by those conditions. Statutory Authority: MSs 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 andreference the origin ofand the authority for each term or condition, and shall identify any dif ference 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 apermit, to conduct inspections, or to request information. Subp. 2. Emission limitations and standards. The permit shall include emissions limitations, operational requirements, and otherprovisions needed to ensure compliance with all applicable requirements at the time ofpermit 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 ofthe act is more stringent than any applicable requirement ofregulations promulgated under title IV ofthe 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 shouldbe covered in order to protect human health and the environment. However, ifa stationary source is not amajor source andthe sole reason it is requiredto 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 ofwhether the source category in question is included in the list of
sources contained in the definition ofmajor 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 requiredunder the applicable requirements, including anyprocedures and methods promulgatedpursuant to section 114(a)(3) or 504(b) ofthe act. B. Forpart 70 permits, where the applicable requirements do not require periodic testing or instrumental or noninstrumental monitoring (which may consist ofrecord keeping designed to serve as monitoring), the permit shall require the permittee to conduct periodic monitoring suf ficient 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 ofthe 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 suf ficient to meet the requirements ofthis item. 33C. For state permits, where periodic testing or instrumental or noninstrumental monitoring (which may consist ofrecord keeping designed to serve as monitoring) is not required by item A, the permit shall include monitoring requirements suf ficient to determine whether a stationary source is in compliance with applicable requirements; ifthe agency finds that such monitoring is warranted by: (1) the likelihood ofnoncompliance; (2) the environmental impact ofnoncompliance; 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 ofsampling 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 ofsuch analyses; and (6) the operating conditions existing at the time ofsampling ormeasurement. 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 requirementthatthe permittee retainrecords ofall monitoring data and support information for a period offive years, or longer as specified by the commissioner, from the date ofthe monitoring sample, measurement, or report. Support information includes all calibration and maintenance records and all original recordings for continuous monitoring instrumentation, and copies ofall reports requiredby the permit. Records shall be kept at the stationary source unless the permit allows otherwise. D. A requirement that the permittee retain copies ofdeviation reports required by subpart 6 for a period offive years, or longer ifrequested by the commissioner, from the date ofsubmittal ofthe 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 of ficial consistent with part 7007.0500, subpart 3. A. Deviation reporting time frames are described in subitems (1) and (2).

34(1) For deviations that endangerhuman health orthe environment, the permit shall require the permittee to notify the commissioner as required inpart 7019.1000, subpart 1. (2) For all other deviations, the permit shall require the permittee to submit a deviation report, on a form approvedby 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 ofeach 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 ofeach year

. B. All part 70 permits shall require the permittee to submitprogress 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. Ifany deadlines in the schedule ofcompliance 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 ofan annual compliance certification by January 31 ofeach yearto the agency

. In the case ofpart 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 ofthe calendar year that the report covers; (3) identification ofdeviation reports submitted covering the calendar year including the name ofreport (i.e. DRF-1 or DRF-2), the period coveredby the report, and the date ofthe cover letter accompanying the report; (4) identification ofany 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 ofpart 7007.0500, subpart 3; (6) the signature and title ofa responsible of ficial as defined in part 7007.0100, subpart 21; and (7) additional requirements as maybe specifiedpursuantto sections 114(a)(3) and 504(b) ofthe act. Notwithstanding any other provision in an applicable requirement, for the purpose of submission ofcompliance certifications underthis item, the owner or operator is notprohibited 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 ofpart 7000.1200 and Minnesota Statutes, chapter 13, and section 116.075.
35E. For deviations causedby emergencies, as defined inpart 7007.1850, the permittee may assert an af firmative defense only ifit meets all the requirements ofpart 7007.1850, which includes notifying the agencywithin two working days ofwhen the emission limitations
were exceeded due to the emergency

. Subp. 7. Prohibition on exceedance ofallowances. For af fected sources, the agency shall include a permit condition prohibiting emissions exceeding any allowances that the stationary source lawfully holds under title IV ofthe 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 apermit amendmentunder any other applicable requirement. B. No limit shall be placed on the number ofallowances held by the stationary
source. The stationary source maynot, 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 ofFederal Regulations, title 40, part 73, as amended. Subp. 8. Fee requirement. The permit shall require payment ofannual fees by owners or operators ofa stationary source required to pay annual fees due underpart 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 ofthe agency , to perform the following: (1) enterupon the permittee's premises where the stationary source is located
or activity is conducted, orwhere records mustbe keptunder the conditions ofthe permit; (2) have access to and copy , at reasonable times, any records that must be kept under the conditions ofthe permit; (3) inspect at reasonable times any facilities, equipment (including monitoring and airpollution control equipment), practices, or operations regulated orrequired under the permit. For purposes ofthis subpart, reasonable times include any time that the stationary source is operating; and (4) sample or monitor any substances orparameters at any location: (a) atreasonable times, forthe purposes ofassuring compliance with the permit or applicable requirements; or (b) as otherwise authorized by the act or state law; B. a schedule ofcompliance ifone is requiredunderpart 7007.0500, subpart 2, item K, meeting the description ofthat 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 ofthe act (Recordkeeping, Inspections, Monitoring, and Entry) or other law

.

36Subp. 10. Emissions trading. A. Ifrequestedby 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 ofany facility-wide emission limit in the permit. The agency shall make such trading available to the permittee only ifit determines that all ofthe 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 ofotherwise 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
sevenworking days before making the emissions trade the writtennotification described inthis 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 ofthe permit. The permittee and the agency shall each append the notice to its copy ofthe stationary source's permit. Subp. 11. Alternative scenarios. T erms and conditions allowing for reasonably anticipated alternative operating scenarios identifiedby 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 ofthe 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 ofparts 7007.0100 to 7007.1850. Subp. 12. Operation in more than one location. Ifrequested by the applicant, the permit may allow a stationary source to be operated in more than one location during the
course ofthe permit. No af fected source shall be allowedthis option. Ifmore than one location is authorized, the permit shall include the following: A. identification ofall geographic areas where the stationary source is authorized to operate during the course ofthe 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 ofeach change in location, providing the exact location where the source will operate for all part 70 permits and at least 48 hours in advance ofeach change in location for all other state permits; and D. conditions that assure compliance with all otherprovisions ofparts 7007.0100 to 7007.1850.

37Subp. 13. Permit duration. Each permit shall specify the duration ofthe permit, or state that the permit is nonexpiring. Subp. 14. Operation ofcontrol equipment. Ifthe commissioner determines that such provisions would substantially improve the likelihood offuture permit compliance, the permit may specify operating and maintenance requirements for each piece ofcontrol equipment located at the stationary source or require the permittee to maintain an operation and maintenance plan on site. Subp. 15. T erms to include in reissuance. The permit shall indicate the terms that must be included in any reissuance ofthe permit underpart 7007.0450, subpart 3. Subp. 16. General conditions. Permits issued by the agency underparts 7007.0100 to 7007.1850 shall include the following general conditions, either expressly or by reference to this subpart. A. Unchallenged provisions ofthis permit remain valid despite any successful challenges to specific portions ofthe permit. B. The permittee must comply with all conditions ofthe permit. Any permit noncompliance constitutes a violation ofthe state law and, ifthe provision is federally enforceable, ofthe act. Such violation is grounds for enforcement action by the agency or the EP A; or for permit termination, revocation and reissuance, or amendment; or for denial ofa permit reissuance application. C. It is not a defense for a permittee in an enforcement action that it would have beennecessaryto halt orreduce the permitted activity in orderto maintain compliance withthe conditions ofthis permit. D. This permit may be reopened and amended or revoked for cause as provided in parts 7007.1600 to 7007.1700. The filing ofa request by the permittee for a permit amendment, revocation and reissuance, or termination, or ofa notification ofplanned 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 ofany 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 ofrecords required to be kept by the permittee. G. The agency's issuance ofa permit does not release the permittee from any liability , penalty , or duty imposedby Minnesota or federal statutes orrules 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 ofa permit does not prevent the future adoption by the agency ofpollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement ofthese rules, standards, or orders against the permittee.

38I. The agency's issuance ofa 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 oftreatment and control and the appurtenances related to them which are installed
or used by the permittee to achieve compliance with the conditions ofthe permit. Proper operation and maintenance includes ef fective performance, adequate funding, adequate operator staf fing 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 submittedto the agency orto the commissionerbythe permit. The permittee shall immediately upon discoveryreportto the commissioner an error or omission inthese records, reports, plans,
or other documents. The permittee may not falsify , tamper with, render inaccurate, or fail to install any monitoring device ormethodrequired to be maintained or followedby 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. Ifthe permittee discovers, through any means, including notification by the agency , that noncompliance with a condition ofthe 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. Thepermit is nottransferable to anyperson except as providedinpart 7007.1400, subpart 1, item E. O. The permit authorizes the permittee to perform the activities described in the permit under the conditions ofthe permit. In issuing the permit, the state and agency assume no responsibility for damages to persons, property , or the environment causedby the activities ofthe permittee in the conduct ofits actions, including those activities authorized, directed, or undertakenunderthe permit. T o the extent the state and agency maybe liable forthe activities ofits employees, that liability is explicitly limited to that provided in the T ort Claims Act, Minnesota Statutes, section 3.736. Statutory Authority: MSs 116.07 History: 18 SR 1059; 19 SR 1775; 20 SR 2316; 22 SR 1237

7007.0801 CONDITIONS FOR AIR EMISSION PERMITS FOR W ASTE 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:

39A. prohibit construction ofthe 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 ofthe noncombustible fraction ofsolid waste; D. provide a schedule for the testing ofwaste combustor ash as required in part 7035.2910; E. require the implementation ofan industrial waste managementplan as described in part 7011.1250; F

. for Class C, D, III, and IVwaste combustors, require the implementation ofaplan
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 ofthe applicable standard ifthe waste combustor elects to conduct mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85. Ifthe permit must be amended in order to include these conditions, the procedures ofpart 7007.1400 shall be used. Subp. 3. W aste combustors ofnonmixed 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 ofoperation ofthe waste combustorunless the permittee has
an ash management plan approved by the commissioner; B. provide a schedule for testing ofwaste combustor ash; C. require the implementation ofan industrial waste managementplan as described in part 7011.1250; D. require the implementation ofa plan as described in part 7011.1255 to identify , separate, and collect solidwastes 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 achievedwith the use ofthe minimum stackheightrequired inpart 7011.1235, subpart 1; and F

. include operating conditions that ensure that the facility will continue to emit mercury emissions less than 50 percent ofthe applicable standard ifthe waste combustor elects to conduct annual mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85. Ifthe permit must be amended in order to include these conditions, the procedures ofpart 7007.1400 shall be used. Statutory Authority: MSs 116.07 History: 18 SR 2584; 22 SR 1975

7007.0850 PERMIT APPLICA TION NOTICE AND COMMENT

. Subpart 1. T echnical support document. Forpart 70 permits, the agency shall develop
a statement that sets forth the legal and factual basis for the draftpermit conditions, including

40references to the applicable statutory or regulatory provisions. The agency shall send this statement to the EP A 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 ofgeneral circulation in the area where the stationary source is located; (b) in a listprovided to the public by the agency upon request; (c) to persons on a mailing list developedby the agency , including those who request in writing to be on the list; and (d) by othermeans ifnecessary to assure adequate notice to the af fected public. (2) The notice shall identify the name and location ofthe facility to be permitted; the name and address ofthe permittee; the name and address ofthe 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 ofa person from whom interested persons may obtain additional information, including copies ofthe permit draft, the application, all relevant supporting materials, andall othermaterials availableto the agencythatarerelevantto thepermitdecision;
a briefdescription ofthe comment procedures required by this part; and the time and place ofany meeting or hearing that may be held, including a statement ofprocedures to request a meeting orhearing under subpart 3, unless a meeting orhearing has already been scheduled. (3) The agency shall provide at least 30 days forpublic comment and shall give notice ofany public informational meeting or contested case hearing at least 30 days in advance ofthe meeting or hearing. The provisions ofpart 7001.0110 applies to public comments received under this part. (4) The agency shall keep a record ofthe commenters and also ofthe issues raised during the public participationprocess, 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 itemA, subitems (1) to (3). However, instead ofproviding notice in anewspaper ofgeneral circulation as requiredby item A, subitem (1), unit (a), the agency may provide the notice in the State Register or other EP A approved general circulation notice procedure. The requirements ofthis item also applyto anymajor amendmentto a state permit described inpart 7007.1500, subpart 1, items C and D, ifauthorized or requiredby the administrator

. C. Ifthe 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 onprevious adverse public comment on the proposed amendment orrelated issues, the agency shall comply with the procedures ofitem A, subitems (1) to (3), before issuing the amendment. However, the agencymayprovide the notice required by this item in either a newspaper ofgeneral circulation or the State Register

.

41D. (1) Ifthe agency determines that aproposed 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 orrelated issues, the agency shall comply with the procedures ofitem A, subitems (1) to (3), before issuing the amendment. However, the agencymayprovide the notice required by this item in either a newspaper ofgeneral circulation or the State Register

. (2) A proposed minorpermit amendment may be made subject to the public notice and comment procedures only ifthe agency notifies the permittee ofits determination within 15 working days ofreceiving the minor amendment application. Ifthe 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, butwill be required to cease construction and operation ofthe 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 commentprocedures any time priorto the agency's issuance of
a letter ofapproval authorizing construction underpart 7007.1450, subpart 7. E. The agency shall upon requestprovide 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 ofa written list. Subp. 3. Petitions for meetings and hearings. During the public comment period, a person may , in regard to any draftpermit 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 ofthe permit on the agenda ofan 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 inpart 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 ofthis 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 ofFederal Regulations, title 40, sections 51.102, 51.161, and 51.166(Q), as amended, to the extent applicable. Statutory Authority: MSs 14.06; 116.07 History: 18 SR 1059; 19 SR 1310

427007.0900 REVIEW OF P AR T 70 PERMITS BY AFFECTED ST A TES. The agency shall give notice ofeach draft part 70 permit, or major amendment to a part 70 permit, to any af fected 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 af fected state in writing ofany refusal by the agency to accept all recommendations for the proposedpermitthatthe af fected state submitted during the public commentperiod. The notice shall include the agency's reasons for not accepting any such recommendation. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.0950 EP A REVIEW AND OBJECTION. Subpart 1. Review by EP A. A. The agency shall provide to the administrator a copy ofthe following documents, unless the administrator agrees to accept a summary ofthe documents: (1) forpart 70 permits, each application for a permit orpermit amendment, eachproposedpermit orpermit amendment, and each final permit orpermit 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 ofeach such majorpermit amendment. B. In the case ofa part 70 permit, either: (1) the draft permit or permit amendment must be provided to the administrator atthebeginning ofthepublic commentperiod, andtheproposedpermit orpermit amendment mustbe provided to the administrator afterthe conclusion ofpublic comment; or (2) a permit or permit amendment that is identified as both a draft and a proposedpermit orpermit amendment may be provided to the administrator at the beginning ofthe public commentperiod, subject to the limitations ofsubpart 2. This document shall be clearly identified as a draft/proposed permit orpermit amendment. The public notice for the draft/proposed permit orpermit amendment shall state that the agency is seeking concurrent review ofthe permit orpermit amendment, and that the 30-day public review period and the 45-day EP A review period will begin at the same time. C. In the case ofa state permit, the draft permit or permit amendment may be provided to the administrator at the same time the draftpermit orpermit amendment is of fered for public comment. Subp. 2. EP A objection. A. In the case ofapart 70 permit, and except as provided in item B, the agency shall not issue a permit orpermit amendment ifthe administrator objects to its issuance in writing within 45 days ofreceipt ofthe proposed permit or permit amendment and any necessary supporting information. B. In the case ofa part 70 permit, when the administrator is provided with a draft/proposedpermit orpermit amendment atthe beginning ofthe public commentperiod, the agency may issue the permit 45 days after the administrator's receipt ofthe draft/proposed permit or permit amendment and any necessary supporting information except as provided in subitem (1), (2), or (3).

43(1) Ifthe 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 ifthe administrator objects to its issuance in writing within 45 days of receipt ofthe revised proposed permit or permit amendment and any necessary supporting information. (2) If, within 45 days ofreceipt ofthe 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 ifthe administrator objects to its issuance in writing within 45 days ofthe conclusion ofthe public comment period. (3) Ifthe agency receives from the public any adverse comments on any applicable requirement ofthe 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 ifthe administrator objects to its issuance in writing within 45 days ofreceipt of the comments and, ifapplicable, the revised proposed permit or permit amendment and any necessary supporting information. C. Inthe case ofa state permit, the agency shall not issue apermit, or an amendment for which EP A review is provided under subpart 1, ifthe administrator objects to its issuance in writing within 30 days ofreceipt ofthe draft permit or amendment and any necessary supporting information. Subp. 3. Public petitions to administrator regarding part 70 permits. Ifthe 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 ofthe 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. Ifthe administrator objects to the part 70 permit or the amendment as a result ofa 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. Ifthe permit or the amendment was issued prior to the administrator's objection but after the end ofthe EP A'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 EP A's objection. Until amended or revoked, the permit shall remain in ef fect. In any case, the stationary source will not be in violation ofthe requirement to have submitted a timely and complete application. The administratormay also amend, terminate, orrevoke apart 70 permitunderthe 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 EP A review applicable to permits and permit amendments which include title I conditions.

44Statutory Authority: MSs 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 ifit determines that all ofthe following conditions have been met: A. The agency has received a complete application for apermit, permit amendment,
orpermit reissuance, except that a complete application need notbe receivedbefore issuance ofa general permit under part 7007.1100, subpart 4. B. The agency has complied with the public participation procedures for permit issuance, ifrequired by part 7007.0850. C. The agency has complied with the procedures for notifying and responding to af fected states, ifrequired by part 7007.0900. D. Ifthe administrator's review is requiredby part 7007.0950, the administratorhas received a copy ofthe permit and any notices required and has not objected to issuance ofthe permit within the time period specified, or the administratorhas objectedbut the objection has been resolved to the administrator's satisfaction. E. The conditions ofthe permit provide for compliance with all applicable requirements and the requirements ofparts 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 ofparts 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 ofthe permit. H. All applicable provisions ofMinnesota 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 ofthe determinations requiredunder subpart 1. B. There exists at the stationary source to be permitted unresolved noncompliance with applicable state or federal pollution control statutes or rules administeredby the agency , or conditions ofaprevious or existing air emissionpermit, andthe applicantwill notundertake
a schedule ofcompliance 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 removedby an amendment to the permit. E. W ith respect to the stationary source or activity to be permitted, the applicant has not complied with the requirement to pay fees under chapter 7002.

45F

. W ith 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 ofcompliance, or an order issuedunder 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 ofthe agency to act on apermit application shall not be deemed issuance by default. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.1050 DURA TION 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 af fected sources, that expire in less than five years but not less than three years ifnecessary to evenly distribute the rate ofreissuance applications in subsequent years and ifthe permittee consents. Subp. 2. State permits and capped permits. A state permit or cappedpermit 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 apart 70 permit shall expire five years after the date it is issuedunderpart 7007.1100, subpart4. A generalpermitthat 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 ofthe expiration ofthe other conditions ofthe 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 ifthe permittee requests an expiring permit or ifthe agency determines that an expiring permit would significantly improve the likelihood ofcontinuing compliance with applicable requirements andthe terms ofthe permit. Grounds for such a determination include, but are not limited to, the following: A. the stationary sourcehas ahistoryofnoncompliancewith applicablerequirements
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.

46This subpart does not apply to any title I condition. Subp. 6. Effect ofpermit expiration. Except as provided in part 7007.0450, subpart 3, permits issuedunderparts 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 ifthe permit contains title I conditions which do not expire. Subp. 7. V oiding an existing permit. The agency shall void apermit issuedunderparts 7001.1200 to 7001.1220 or 7007.0050 to 7007.1850, ifit determines that the stationary source no longerrequires the permitunder 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: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 23 SR 2224; 29 SR 626

7007.1075 PERMIT REQUIREMENTS FOR AFFECTED SOURCES. Code ofFederal Regulations, title 40, part 72, as amended, entitled "Permits Regulation," is adopted and incorporatedby reference, forpurposes ofimplementing an acid rain program that meets the requirements oftitle IV ofthe act. The term "permitting authority" means the agency

. The provisions ofthis part apply to af fected sources and take precedence ifthey conflict with or are not included in parts 7007.0100 to 7007.1850. Statutory Authority: MSs 116.07 History: 19 SR 1666

7007.1100 GENERAL PERMITS. Subpart 1. Criteria. Ifthe agency determines that numerous similar stationary sources are subjectto the same or substantially similarregulatoryrequirements, the agencymay issue a permitrequiredunderparts 7007.0200 and 7007.0250 in the form ofa 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 ofstationary sources, including air pollution control equipment, ifthe specific portions are subject to the same or substantially similar regulatory requirements. The agency shall not issue general permits for af fected sources under the acid rain program unless general permits are authorized by regulations promulgated under title IV ofthe 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 ofthe agency's intentto publish a general permitneednot be published in newspapers ofgeneral circulation but shall be published in the State Register

. The notice need not include any facility specific information. The notice issuedby the agency shall identify criteria for stationary sources that qualify for the general permit and identify the geographic area in which it applies. Ifthe 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 underparts 7007.1140 to 7007.1148 must apply for the sector-based general permit. The agency neednot comply withpart 7007.0850, subpart 2, item

47A, subitem (4), unless the stationary source category includes stationary sources subject to the requirement to obtain part 70 permits. Subp. 3. EP A and affected state review

. Ifthe 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 EP A and af fected state review and objection in parts 7007.0900 and 7007.0950. The agency shall comply with provisions for EP A review and objection underpart 7007.0950 in the case ofall other general permits. Subp. 4. Issuance in general. Following the close ofthe comment period and any public meeting or contested case hearing ordered, the agency may issue the general permit. Ifthe 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 ofparts 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 ofa general permit. Subp. 5. Application. Stationary sources that would qualify for a general permit must apply to the agency for coverage under the terms ofthe general permit or must apply for an individual permit consistent with part 7007.0500. Ifa stationary source elects to apply for coverage under the general permit, the stationary source must submit an application meeting the requirements ofparts 7007.0100 to 7007.1850, unless the agency states in the public notice ofthe 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 ofgeneral 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 offacilities forwhich a general permit application has been received. Subp. 7. Permit shield. Notwithstanding the permit shieldprovisions ofpart 7007.1800,
a stationary source that obtains a general permit shall be subject to enforcement action for operation without a permit ifthe stationary source is later determined not to qualify for the conditions and terms ofthe general permit. Subp. 8. Change ofownership or control ofstationary source issued a general permit. Prior to a change in the ownership or control ofa stationary source issued a general permit under this part, the new owner or operator must submit a change ofownership request form provided by the commissioner

. Ifthe commissioner determines that the new owner or operator meets the eligibility requirements ofthe general permit for general permit issuance, then the commissioner shall issue the general permit to the new owner or operator

. Issuance ofa general permit to the new owner or operator ofan eligible stationary source voids and supersedes the general permit ofthe previous owner or operator

. Ifthe 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, orpart 70 permit within 120 days ofthe commissioner's written request for the application.

48Statutory Authority: MS s 116.07 History: 18 SR 1059; 23 SR 2224; 29 SR 626; 32 SR 904
497007.1110 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);

54(3) Code ofFederal Regulations, title 40, part 60, subpart Ka, Standards ofPerformance for Storage V essels 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 ofFederal Regulations, title 40, part 60, subpart Kb, Standards ofPerformance for V olatile Organic Liquid Storage V essels (Including Petroleum Storage V essels) for Which Construction, Reconstruction or Modification Commenced After July 23, 1984 (incorporated by reference in part 7011.1520, item C); (5) Code ofFederal Regulations, title 40, part 60, subpart DD, Standards of Performance for Grain Elevators (incorporatedby reference inpart 7011.1005, subpart 2); (6) Code ofFederal Regulations, title 40, part 60, subpart EE, Standards ofPerformance for Surface Coating ofMetal Furniture (incorporated by reference in part 7011.2550); (7) Code ofFederal 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 ofFederal Regulations, title 40, part 60, subpart JJJ, Standards of Performance for Petroleum Dry Cleaners (incorporatedby reference inpart 7011.3250); (9) Code ofFederal Regulations, title 40, part 60, subpart OOO, Standards ofPerformance for Nonmetallic Mineral Processors (incorporated by reference in part 7011.3350), exceptthat a stationary source subjectto this performance standardmaynot obtain
a registration permit ifsubpart 2b applies; (10) Code ofFederal Regulations, title 40, part 60, subpart TTT, Standards ofPerformance for Industrial Surface Cleaning ofPlastic Parts for Business Machines (incorporated by reference in part 7011.2580); (11) Code ofFederal Regulations, title 40, part 60, subpart I, Standards of Performance for Hot Mix Asphalt Facilities (incorporatedby reference inpart 7011.0909); (12) Code ofFederal Regulations, title 40, part 60, subpart GG, Standards of Performance for Stationary Gas T urbines (incorporatedby reference inpart 7011.2350); and (13) Code ofFederal 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 ifthe 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 underpart 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 orto protecthumanhealth orthe environment. Any owner or operator ofa stationary source thatholds aregistrationpermit and is eligible for a sector-based general permit that is available on orbefore January 1, 2007, shall apply for the general permit on or before December 31, 2008.

55Subp. 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 ofa stationary source must apply for a registrationpermit priorto the applicable deadline inparts 7007.0350 and 7007.0400. Ifthe owner or operatorhas submitted a complete application for a state, part 70, or general permitprior 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 ofa stationary source must submit the registration permit application on a standard application form providedby the commissioner

. The commissioner may create dif ferent application forms for the dif ferent registration permit options available under parts 7007.1115 to 7007.1130. C. Any owner or operator ofa 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 ofsuch 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. Ifthe commissioner determines during review ofthe 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 commissionerby 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 of ficial. The certification shall state that, based on information and beliefformed after reasonable inquiry , the statements and information in the document are true, accurate, and complete. The certification that is submittedwith a registrationpermit application must additionally state that the stationary source will be operated in compliance with all applicable requirements, and shall be signedby a responsible of ficial ofboth the owner and the operator ofthe stationary source ifthey are not the same. Subp. 5. Registration permit issuance, denial, and revocation. The commissioner shall issue a registration permit to the owner or operator ofa stationary source ifthe owner or operator has submitted a complete application for a registration permit and the commissioner determines thatthe stationary source qualifies forthe registrationpermitunderparts 7007.1110 to 7007.1130 for which the application was submitted, and the commissioner anticipates that the stationary source will complywith the registrationpermit. The commissioner shall deny an application for a registration permit ifthe commissioner determines that the stationary source does not qualify for the registration permit underparts 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 forpermit 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 commissionermayrevoke aregistrationpermit, ifthe commissionerfinds that

56any ofthe 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 registrationpermit shall identify the stationary source, the owner and operator ofthe 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. ifa stationary source qualifies for a registration permit, but has less than 12 months ofemissions 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 ofthe 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 ofmonths 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 ofa 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 ofa stationary source issued a registration permit under parts 7007.1110 to 7007.1130 must maintain at the stationary source, or at the main of fice for an unattended stationary source, for a period offive years from the date the record was made all information required to be recordedunder applicable state and federal rules, andpart 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 ofthe commissioner, and mustupon request submit these records to the commissionerby the time specified by the commissioner in the request. A stationary source with a registration permit may maintain records at an of fice ofthe owner or operator ofthe stationary source for all years prior to the current calendar year ofoperation.

57B. The owner or operator ofa stationary source issued a registration permit under parts 7007.1110 to 7007.1130 mustprovide the commissioner, or an authorized representative
or agent ofthe commissioner, access to the stationary source (including allowing the collection ofsamples), and records to the extentprovidedunder Minnesota Statutes, section 116.091, or other law , upon presentation ofcredentials and other documents requiredby 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 ofthe act, or other law

. Subp. 10. Changes or modifications at stationary sources issued registration permits that trigger certain new source performance standards. Ifa change or modification made at a stationary source issued a registrationpermit results in the stationary source being subject to a new source performance standard listed under subpart 2, item C, or ifthe change or modification adds an emissions unit subjectto the standards listed inpart 7007.0300, the owner or operator must submit to the commissioner: A. the information requiredby the standard in the time specified in the standard; B. with the notice in item A, a written notice containing a description ofthe change ifthe change triggers a new source performance standard; and C. with the notice in item A, a copy ofthe applicable new source performance standard, with the applicable portions ofthe new source performance standard (NSPS) highlighted (including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions), or anNSPS checklist formprovidedby the commissioner that identifies applicable portions ofthe new source performance standard. Subp. 11. Change rendering stationary source ineligible for a registration permit or that changes the applicable registration permit option. Ifthe owner or operator makes a change at a stationary source issued a registrationpermit 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 inpart 7007.0100, subpart 14, then the owner or operatormust: A. within 30 days ofmaking the change, submit a written notification to the commissionerthat includes a description ofthe change, and a statement ofwhat type ofpermit application the owner or operator will submit; and B. ifthe change results in the requirement for the submittal ofa registration permit application under a dif ferent option, then the registrationpermit application shall be submitted withthe 30-daynotice requiredunder itemA, orwithin 180 days ofmaking the change, submit the required part 70, state, or general permit application. Ifthe owner or operator fails to submitthe requiredpermit 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 ofpart 7007.0150, subpart 1. Once a stationary
source has made a change rendering it ineligible for all registrationpermit options underparts 7007.1110 to 7007.1130, the stationary source may only become eligible for a registration permit again ifit meets the requirements ofsubpart 14.

58Subp. 12. Modification rendering stationary source ineligible for its current
registration permit option. Items A to C apply to the owner or operator ofa 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 registrationpermit option forwhich itwas issued a registrationpermit, butwhich 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 commissionerbefore 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 onthe permit application, the owner or operatormust comply with the requirements ofthe registrationpermit option forwhich 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 ofa stationary source thathas been issued a registrationpermit must submit apart 70, state, or general permit applicationbefore 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 registrationpermit options underparts 7007.1110 to 7007.1130, the stationary
source may only become eligible for a registration permit again ifit meets the requirements ofsubpart 14. Subp. 14. Addition ofcontrol equipment, removal ofemission units, or pollution prevention practices which result in or reinstate registration permit eligibility

. If through the addition oflisted control equipment, permanent removal ofemissions units, or implementation ofpollutionpreventionpractices the stationary source qualifies fororreinstates eligibility for a registration permitunderparts 7007.1110 to 7007.1130, the owner or operator may apply for aregistrationpermit. Ifthe stationary source qualifies for orreinstates eligibility for a registrationpermit due to implementation ofpollutionpreventionpractices, the owner or operator shall submit a description ofthe pollution prevention practices with the registration permit application for the commissioner's review and approval. Forpurposes ofthis subpart, "pollution prevention practices" means eliminating or reducing the quantity or toxicity of regulated airpollutants, orhazardous airpollutants that are notregulated airpollutants, usedby
or emitted from the stationary source. Emission reductions are notreductions ifthe decrease is solely the result ofa decrease in production at the stationary source. Subp. 15. Change ofownership or control ofstationary source issued a registration permit. Priorto achange inthe ownership orcontrol ofa stationary source issuedaregistration permitunderparts 7007.1110 to 7007.1130, the new owneroroperatormust submit a change of ownership request formprovidedbythe commissioner

. Ifthe commissionerdetermines thatthe
new owner or operatormeets the requirements ofparts 7007.1110 to 7007.1130 forregistration

59permit issuance, then the commissioner shall issue the registrationpermit to the new owner or operator

. Issuance ofaregistrationpermitto the new owneroroperatorofan eligible stationary
source voids and supersedes the registration permit ofthe previous owner or operator

. Subp. 15a. Relocation ofstationary source issued a registration permit. This subpart does not apply ifthe registrationpermit already authorizes operation in more than one location under subpart 20 and the proposed relocation is within the scope ofthat authorization. This subpart applies onlyto a stationary source thathas been issued aregistrationpermitunderparts 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 triggerthe need for air dispersion modeling forthe relocated source; C. will qualify for the same type ofregistrationpermit 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 oftime. Priorto a change in the location ofa 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. Ifany ofitems 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 ofpermit application. The owner or operator shall submit an application for apart 70, state, capped, orgeneralpermit, or a dif ferent registration permit option, within 120 days ofthe commissioner's written request for the application ifthe commissioner determines that: A. the stationary sourcehas ahistoryofnoncompliancewith applicablerequirements
or with its registration permit; B. the stationary source does not qualify for a registration permit; C. the stationary source qualifies for a dif ferent 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 ofthe permit and correction ofsuch 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 ofregulated airpollutants 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 ofthe permit do not accurately represent the actual circumstances ofthe permitted facility

.

60Subp. 17. V oiding an existing permit. The commissioner shall void a part 70, capped,
or state permit for a stationary source which is issued aregistrationpermit. A stationary source which is coveredunderthe terms ofa generalpermit is no longer coveredbythe generalpermit when it is issued a registration permit. The commissioner shall void a registration permit issuedunder one registration permit option for a stationary source that is issued a registration permit for a dif ferent registration permit option. The commissioner shall void a registration permit for a stationary source that is issued apart 70, state, capped, or general permit. Subp. 18. No circumvention; permit shield. A. The owner or operator ofa stationary source that obtains a registration permit shall be subject to enforcement action for operation without apermit ifthe commissioner later determines that the stationary source does not qualify for the registration permit. B. The permit shieldunderpart 7007.1800 shall not apply to registrationpermits. Subp. 19. List ofregistration permit facilities. The commissioner shall make available to the public upon request a list offacilities that have been issued registration permits under parts 7007.1110 to 7007.1130. Subp. 20. Operation in more than one location. Ifrequested 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 ofall geographic areas where the stationary source is authorized to operate during the course ofthe permit; and B. notify the commissioner at least 48 hours in advance ofeach change in location, providing the exact location where the source will operate. Subp. 21. Registration permit; general conditions. Registration permits issuedby the commissionerunderparts 7007.1110 to 7007.1130 shall include the general conditions in items A to O, which are included in the permitby reference to part 7007.1110 as a whole. A. Unchallenged provisions ofthe permit remain valid despite any successful challenges to specific portions ofthe permit. B. The permittee must comply with all conditions ofthe permit. Any permit noncompliance constitutes aviolation ofstate law and, ifthe provision is federally enforceable, ofthe act. Such violation is grounds for enforcement action by the commissioner, the agency , or the EP A; or for permit revocation. C. It is not a defense for a permittee in an enforcement action that it would have beennecessaryto halt orreduce the permitted activity in orderto maintain compliance withthe conditions ofthe permit. D. The permit may be revoked for cause as provided in subpart 5. The filing ofa request by the permittee for a dif ferent type ofpermit, a dif ferent registration permit option, forrevocation or termination ofthis permit, or for a notification ofplanned 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 ofany sort, or any exclusive privilege. F

. The permittee shall furnish to the commissioner, within a reasonable time, any informationthatthe commissionermayrequestinwritingto determine whethercause exists for 61revoking the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the commissioner copies ofrecords to be keptby the permittee. G. The commissioner's issuance ofthe 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 ofthe permit does notprevent the future adoption by the agency ofpollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement ofthese rules, standards, or orders against the permittee. I. The commissioner's issuance ofthe permit does not obligate the commissioner to enforce local laws, rules, orplans beyond that authorizedby Minnesota Statutes. J. The permittee shall at all times properly operate and maintain the facilities and systems oftreatment and control and the appurtenances related to them which are installed
or used by the permittee to achieve compliance with the conditions ofthe permit. Proper operation and maintenance includes ef fective performance, adequate funding, adequate operator staf fing 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 commissionerby 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 , tamperwith, render inaccurate, or fail to install any monitoring device or method required to be maintained or followedby 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. Ifthe permittee discovers, through any means, including notification by the commissioner, that noncompliance with a condition ofthe 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 ofthe permit. In issuing the permit, the state, the agency , and the commissioner assume no responsibility for damages to persons, property , or the environment causedby the activities ofthe permittee in the conduct ofits actions, including those activities authorized, directed, or undertaken under the permit. T o the extent the state, the agency , and the commissioner may be liable for the activities ofits employees, that liability is explicitly limited to thatprovided in the T ort 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: MSs 116.07

62History: 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 REGISTRA TION PERMIT OPTION A. Subpart 1. Eligibility

. The owner or operator ofa stationary source may apply for a registration permit under this part ifthe 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 apermit for otherreasons. Insignificant activities at the stationary source listed inpart 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 ifdif ferent from the company name), owner's name and agent, and contact telephone numbers, including names ofplant site manager or contact, and the person preparing the application ifdif ferent; B. a description ofthe stationary source's processes and products, by Standard Industrial Classification (SIC) code; and C. a copy ofthe applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions ofthe standards highlighted, including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions, or anNSPS checklist formprovidedby the commissioner, for each af fected facility
as defined in Code ofFederal 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 ofa stationary source issued
a registration permit under this part must: A. meet the eligibility requirements ofsubpart 1 at all times; B. comply with part 7007.1110; and C. comply with all applicable requirements, including new source performance standards. Statutory Authority: MSs 116.07 History: 19 SR 1345; 20 SR 2316; 21 SR 165; 27SR 1579

7007.1120 REGISTRA TION PERMIT OPTION B. Subpart 1. Eligibility

. The owner or operator ofa stationary source may apply for a registration permit under this part if: A. the stationary sourcepurchases oruses less than2,000 gallons ofVOC-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

63from conditionally insignificant activities meeting the requirements ofparts 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 ifdif ferent from the company name), owner's name and agent, and contact telephone numbers, including names ofplant site manager or contact, and the person preparing the application ifdif ferent; B. a description ofthe stationary source's processes and products by Standard Industrial Classification (SIC) code; C. a copy ofthe applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions ofthe standards highlighted, including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions, or anNSPS checklist formprovidedby the commissioner, for each af fected facility
as defined in Code ofFederal Regulations, title 40, section 60.2; D. a statement ofwhether the owner or operator will base records required under subpart 3 on the purchase or use ofVOC-containing materials; and E. the gallons ofVOC-containing materials purchased or used in a calendar year

. Ifthe stationary source has not been operated, the owner or operator shall estimate the gallons ofVOC-containing materials that will be purchased or used on a calendar yearbasis during normal operation using a worksheet provided by the commissioner

. Ifthe stationary
source has been operated less than 12 months or has not been operated a full calendar year on the date ofapplication under this part, the owner or operator shall calculate gallons of VOC-containing materials purchased or used by multiplying 12 months by the larger ofthe 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 ofa stationary source issued
a registration permit under this part shall: A. calculate and record by April 1 ofeach calendar year the total amount of VOC-containing materials purchased orused (whicheverwas stated in the permit application) during the previous calendar year; B. maintain the calculation itselfand any receipts, invoices, or similar documents used to determine the total amount ofVOC-containing materials purchased orused in item A; C. purchase oruse (whichever was stated in the permit application) less than 2,000 gallons ofVOC-containing materials each calendar year;

64D. have emissions from the stationary source only from VOC-containing materials
or from insignificant activities underpart 7007.1300, subparts 2 and 3, or from conditionally insignificant activities described in and meeting the requirements ofparts 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 ofthis part, "VOC-containing materials" include hazardous air pollutant-containing VOC. Under this part, gallons ofVOC equals volume percentage ofVOC multiplied by the gallons ofVOC-containing material, except that ifthe owner or operator ships VOC of f-site for recycling, the amount recycled may be subtracted from the amount ofVOC used. "Recycling" means the reclamation or reuse, as defined in part 7045.0020, ofa VOC. Ifthe owner or operator ships VOC of f-site for recycling, the owner or operator shall keep records ofthe amount ofmaterial shipped of f-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: MSs 116.07 History: 19 SR 1345; 20 SR 2316; 21 SR 165; 22 SR 1237; 23 SR 2224; 27SR 1579; 32 SR 904

7007.1125 REGISTRA TION PERMIT OPTION C. Subpart 1. Eligibility

. The owner or operator ofa stationary source may apply for a registration permit under this part ifthe stationary source consists ofonly 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 includedunder 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 T able 1 or 2 ofsubpart 4; C. the stationary source does notburn fuels which exceed the sulfur limits listed in T able 1 or 2 in subpart 4; D. the stationary source does notburnbituminous or subbituminous coal inhand-fed boilers; E. all VOC emissions from the stationary source are includedunder 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 ofcalculations 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 ofregistration permit under items A to F

. Subp. 2. Application content. An application for a registration permit under this part must contain the following:

65A. information identifying the stationary source and its owners or operators, including company name and address (plant name and address ifdif ferent from the company name), owner's name and agent, and contact telephone numbers, including names ofplant site manager or contact, and the person preparing the application ifdif ferent; B. a description ofthe stationary source's processes and products, by Standard Industrial Classification (SIC) code; C. a copy ofthe applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions ofthe standards highlighted, including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions, or anNSPS checklist formprovidedby the commissioner, for each af fected facility
as defined in Code ofFederal Regulations, title 40, section 60.2; D. a statement ofwhether the owner or operator will base records required under subpart 3 on the purchase or the use ofVOC-containing materials, on the purchase or use of fuels, and on hours ofoperation; and E. the calculations required by subpart 4. Ifthe stationary source has not been operated, the owner or operator shall estimate the gallons ofVOC-containing materials, amount offuels burned, andhours ofoperation on a 12-month rolling sumbasis during normal operation inperforming the calculations required in subpart4. Ifthe stationary source has been operated less than 12 months on the date ofapplication under this part, the owner or operator shall perform the calculation in subpart 4 by calculating gallons ofVOC-containing materials purchased or used, amount offuels purchased or used, or hours ofoperation by multiplying by 12 the larger ofthe following: (1) the average monthly gallons ofVOC-containing materials purchased or used, amount offuel purchased or used, or hours ofoperation; (2) calculating an estimated monthly average fornormal 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 ofa stationary source issued a registration permit under this part shall comply with all ofthe requirements in items A to J. A. Ifthe 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) recordby the last day ofeachmonth, the amount ofeach VOC-containing material purchased or used (whichever was stated in the permit application) for the previous month; (2) maintain a record ofthe material safety data sheet (MSDS), or a signed statement from the supplier stating the maximum VOC content, for each VOC-containing material purchased orused (whichever was stated in the permit application); and (3) using calculation 3 in subpart 4, recalculate and recordby the last day of each month the 12-month rolling sum ofthe actual VOC emissions from all VOC-containing

66materials purchased orused (whichever was stated in the permit application) for the previous 12 months, the date the calculation was made, and the calculation itself. B. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, byusing fuel burned in calculation 1 or 2A in subpart 4, the owner or operatormust: (1) for each unit type, record by the last day ofeach month the 12-month rolling sum ofthe amount ofeach fuel purchased orused (whichever was stated in the permit application) for the previous 12 months; (2) record the sulfur content ofeach fuel purchased orused (whichever was stated in the permit application), and maintain for each batch offuel a record ofthe vendor certifications ofsulfur content or test results by an independent laboratory using the ASTM method listed for the fuel in T able 1 or T able 2 (whichever applies), ifa sulfur threshold is stated for that fuel in T able 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 ofeach month the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. C. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by using hours ofoperation 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 ofeach month the hours operated, rounded to the nearest hour for the previous month; and (2) using calculation 2B in subpart4, recalculate andrecordbythe last day of each month the 12-month rolling sum ofemissions 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 ofeach month the 12-month rolling sum ofthe 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 T able 1 or T able 2 ofsubpart 4, or that exceed the sulfur content limits listed in T able 1 or T able 2, and must not burn bituminous or subbituminous coal in any hand-fed indirect heating unit (boiler). F

. The 12-month rolling sum determinedby the calculation in item D, the eligibility number, shall not exceed 50. G. The owner or operatormusthave 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 underpart 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 ofthe emission points; 67(2) the potential emissions, as defined in part 7007.0150, subpart 4, item A, in pounds per hour ofsulfur 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. Ifthe eligibility number determined by the calculation in item D is less than 25 for the previous calendar year, the owner or operator ofa stationary source issued a registration permit under this part shall comply with all ofthe requirements in items A to E. A. Ifthe 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 ofthe amount ofeach VOC-containing material purchased orused (whicheverwas stated in the permit application) each calendaryear; (2) maintain a record ofthe material safety data sheet (MSDS), or a signed statement from the supplier stating the maximum VOC content, for each VOC-containing material purchased orused (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 ofthe actual VOC emissions from all VOC-containing materials purchased orused (whichever was stated in the permit application), and the calculation itself for the previous calendar year

. B. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, byusing fuel burned in calculation 1 or 2A in subpart 4, the owner or operatormust: (1) for each unit type, recordby April 1 ofeach calendaryear the sum ofthe amount ofeach fuel purchased or used (whichever was stated in the permit application) for the previous calendar year; (2) record the sulfur content ofeach fuel purchased orused (whichever was stated in the permit application), and maintain for each batch offuel a record ofthe vendor certifications ofsulfur content or test results by an independent laboratory using the ASTM method listed for the fuel in T able 1 or T able 2 in subpart 4 (whichever applies), ifa sulfur threshold is stated for that fuel in T able 1 or T able 2 in subpart 4; and (3) using calculations 1 and 2A in subpart 4, for each unit type, recalculate and recordby April 1 ofeach calendaryear the sum ofemissions and the calculation itselffor the previous calendar year

. C. Ifthe stationary source qualified in the permit application, in whole or inpart, by using hours ofoperation in calculation 2B in subpart 4, the owner or operator must, for each emissions unit included in calculation 2B: (1) recordby April 1 ofeach calendaryearthe hours operated, roundedto 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 ofemissions for each emissions unit and the calculation itselffor the previous calendar year

.

68D. The owner or operator must add together and recordby April 1 ofeach calendar year the sum ofthe calculations made in items A to C. This sum, the eligibility number, shall not exceed 25 to be eligible under this subpart. Ifthe eligibility number exceeds 25, then the
owner or operator must comply with subpart 3 and have an eligibility number ofless 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. T ables 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 ofAmerican Society for T esting and Materials Standards (ASTM), 100 Barr Harbor Drive, W est Conshocken, P A 19428-2959, volumes 4.05, 5.01, 5.03, and 5.05 (1993) are incorporated by reference. ASTM is the author andpublisher

. These publications are available through the Minitex interlibrary loan system (University ofMinnesota 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 ofeach fuel used by the multiplication factor (MF) listed in T able 1. Add the results ofall 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

T ABLE 1

FUEL USED (units burned/year)-[specification] SULFUR LIMIT MULTIPLICA TION F ACTOR (MF)

anthracite coal (tons)-[ASTM D 388(V ol 05.05)] 2.38% 4.64E-02

bituminous coal (tons)-[ASTM D 388(V ol 05.05)] 2.10% 4.10E-02

sub bituminous coal (tons)-[ASTM D 388 (V ol 05.05)] 1.66% 2.91E-02

lignite A coal (tons)-[ASTM D 388(V ol 05.05)] 1.26% 1.89E-02

petroleum coke (tons)-[ASTM C 1160(V ol 04.05)] 2.33% 4.55E-02

untreated domestic wood and bark (tons)-[ASTM D 1165(V ol 04.09)] n/a 8.40E-03

69kerosene (gallons)-[ASTM D 3699(V ol 05.03)] 0.50% 3.59E-05

No. 1 andNo. 2 distillate (gallons)-[ASTM D 396(V ol 05.01)] 0.50% 3.59E-05

No. 4 distillate (gallons)-[ASTM D 396(V ol 05.01)] 1.80% 1.40E-04

No. 5 andNo. 6 residual (gallons)-[ASTM D 396(V ol 05.01)] 1.80% 1.46E-04

liquefied petroleum gas (LPG) (gallons)-[ASTM D 1835(V ol 05.01 and 05.05)] n/a 1.05E-05

dry or commercial pipeline natural gas (cubic feet)-this must be a mixture ofethane, 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 or2B. Stationary sources with RIC engine emission units burning fuels not listed in T able 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 ofeach fuel usedby the multiplication factor (MF) from T able 2. Add the results ofeach 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

T ABLE 2

FUEL USED (units burned/year)-[specification] SULFUR LIMIT MULTIPLICA TION F ACTOR (MF)

No. 1 andNo. 2 diesel, and kerosene (gallons)-[ASTM 975(V ol 05.01)] 0.5% 3.09E-04

70liquefied petroleum gas (LPG) (gallons)-[ASTM D 1835(V ol 05.01 and 05.05)] n/a 6.95E-05

dry or commercial pipeline natural gas (cubic feet)-[as defined in T able 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 ofthe engine in horsepower by the 12-month rolling sum ofhours operated andby the multiplication factor 1.22E-05. The owner or operator shall perform this calculation for each RIC engine, then add the results ofall 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 totalSTEP 2: RIC engine 1 total + RIC engine 2 total +

... RIC engine n total = Calculation 2B totalCalculation 3. VOC Emissions Units. An owner or operator ofa stationary source which purchases oruses VOC-containing materials shall, for each material purchased orused which contains VOC, multiply a factor often by the weight factor (WF) ofthe VOC in the material (weight ofVOC per weight ofVOC-containing material) by the density ofthe material (in pounds per gallon) by the 12-month rolling sum ofgallons ofthat material purchased orused. 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 ofthe material (lb/gal) x (1 ton/2,000 lb) xthe 12-monthrolling
sum ofmaterial purchased or used (gallons)] = material total STEP 2: material 1 + material 2 +

... material n total = Calculation 3 total Subp. 5. T ransition period. Any owner or operator ofa 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 ofpermit on orbefore December 31, 2008. Statutory Authority: MSs 116.07 History: 19 SR 1345; 20 SR 2316; 21 SR 165; 23 SR 2224; 27SR 1579; 32 SR 904

7007.1130 REGISTRA TION PERMIT OPTION D. Subpart 1. Eligibility

. The owner or operator ofa stationary source may apply for a registration permitunder this part ifthe 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 ofactual emissions at the stationary source for each pollutant are less than or equal to the thresholds in subpart 5; and
71C. the owner or operator does not anticipate making changes in the next yearwhich will cause the stationary source's 12-month rolling sum ofactual 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 ofthe following requirements: A. information identifying the stationary source and its owners or operators, including company name and address (plant name and address ifdif ferent from the company name), owner's name and agent, and contact telephone numbers, including names ofplant site manager or contact, and the person preparing the application ifdif ferent; B. a description ofthe stationary source's processes and products, by Standard Industrial Classification (SIC) code; C. a copy ofthe applicable new source performance standards (NSPS) listed in part 7007.1110, subpart 2, item C, with the applicable portions ofthe standards highlighted, including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions, or anNSPS checklist formprovidedby the commissioner, for each af fected facility
as defined in Code ofFederal Regulations, title 40, section 60.2; D. a statement ofwhether the owner or operator will base records required under subpart 3 on the purchase or the use ofVOC-containing orhazardous airpollutant-containing materials and on the purchase or use offuels; E. the calculations requiredby subpart 4, andthe total actual emissions perpollutant 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 ofHAPs. Ifthe 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. Ifthe stationary source has been operated less than 12 months on the date ofapplication under this part, the owner or operator shall estimate actual emissions by multiplying by 12 the larger ofthe following: (1) the average monthly actual emissions; or (2) the estimated average monthly actual emissions during normal operation; F

. ifthe calculations required by subpart 4 used control equipment ef ficiencies for listed control equipment determined by part 7011.0070, a copy ofthe portion ofthe control equipment manufacturer's specifications with the operating parameters required to be monitored under part 7011.0080 highlighted, and ifthe ef ficiency is based on an alternative control ef ficiency under part 7011.0070, subpart 2, a copy ofthe performance test plan with the operating parameters highlighted. The owner or operator ofa hot mix asphalt plant shall provide a copy ofthe portion ofthe control equipment manufacturer's specifications with the operating parameters required to be monitored under part 7011.0917, subpart 7, or the informationto supportanalternative operatingrangerequiredbypart7011.0917, subpart 1; and G. ifthe 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 reflecteduse ofcontrol equipment that is not listed in part 7011.0070, a copy ofthe portion of the control equipment manufacturer's specifications which includes the operating parameters. Ifthe emissions are discharged to the control equipment through a hood, then the owner or

72operator must evaluate, on a form providedby the commissioner, whether the hood conforms to the design and operating practices recommended in "Industrial V entilation

- A Manual of Recommended Practice, American Conference ofGovernmental Industrial Hygienists," and must include with the permit application the certificationrequired inpart 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 ofa stationary source issued apermitunder this part shall comply with all ofthe requirements in items A to L. A. Ifthe 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 orhazardous airpollutant-containing materials, purchased orused (whichever
was stated in the permit application), the owner or operator must: (1) recordby the last day ofeachmonth, the amount ofeach 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 ofthe 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 ofeach month the 12-month rolling sum ofactual VOC and hazardous airpollutant 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) ifthe owner or operator assumes a reduction ofemissions in using the materials balance method under subpart 4, item D, due to recycling ofmaterial of fsite, keep records ofthe amount ofmaterial shipped of fsite 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 airpollutant (HAP) emissions are VOC emissions and that has actual VOC emissions less than five tons per year is not required to maintain records andperform the calculations ofHAPs emissions under subitems (1) to (3). B. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, by using fuel burned in the calculations in subpart 4, the owner or operatormust: (1) recordby the last day ofeachmonth the amount ofeach fuel purchased or used (whichever was stated in the permit application) for the previous month; and (2) recalculate and record by the last day ofeach month the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. C. Ifthe stationary source qualified in the permit application, in whole or inpart, by using hours ofoperation in the calculations in subpart 4, the owner or operator must:

73(1) recordbythe lastday ofeachmonththehours operated foreach emissions unit, rounded to the nearest hour for the previous month; and (2) recalculate and record by the last day ofeach month the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculations itself. D. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by calculating actual emissions under subpart 4 based on the quantity ofmaterial handled or throughput, orproduct produced, the owner or operator must: (1) record by the last day ofeach month for each material handled or throughput and for each product produced, the amount ofthe material handled or throughput and the amount ofproduct produced for the previous month; and (2) recalculate and record by the last day ofeach month for each material handled or throughput and for each productproduced, the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. E. The owner or operatormustrecalculate andrecordby the last day ofeach month, pursuant to subpart 4, the 12-month rolling sum ofactual 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 requiredby subpart4, item B, subitem (3), ifcontinuous emissions monitor (CEM) data is used in the calculation. This calculation need not include emissions from insignificant activities underpart 7007.1300, subparts 2 and 3, or conditionally insignificant activities. F

. Ifthe stationary source qualified in the permit application, in whole or in part, by using control equipment ef ficiencies for: (1) listed control equipment determined underpart 7011.0070, the owner or operator shall comply withparts 7011.0060 to 7011.0080, except that the owner or operator of
a hot mix asphaltplant shall comply instead with part 7011.0917. Ifthe calculations required by subpart 4 used control equipment ef ficiencies based on an alternative control ef ficiency underpart 7011.0070, subpart 2, the owner or operator shall also comply with the operating parameters ofthe performance test that established the alternative control ef ficiency; or (2) control equipment that is not listed in part 7011.0070, the owner or operator shall complywith subpart 6 andwith the operating parameters ofthe performance test that establishedthe emission factor

. The owner or operatormay 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 ofoperation prior to the date the performance test is conducted. G. The 12-month rolling sum ofactual emissions from the stationary source determinedpursuant to subpart 4 mustnot exceed the thresholds in subpart 5 for anypollutant. H. Comply with part 7007.1110. I. Comply with all applicable requirements including new source performance standards. J. Ifthe calculation ofactual emissions required by subpart 2, item E, for the application orby subpart 3, item E, for compliance verification exceeds five tons per year of

74sulfur dioxide orparticulate matter less than ten microns, the owner or operator shall keep the following at the stationary source for all emission units venting to these emissionpoints: (1) the location ofthe emission points; (2) the potential emissions, as defined inpart 7007.0150, subpart4, inpounds per hour ofsulfur dioxide and PM-10; and (3) the gas flow rate and temperature, stack height, and diameter

. K. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, byusing fuel sulfur data in the calculations in subpart 4, the owner or operatormust: (1) recordby the last day ofeach month the amount ofeach fuel burned for each batch offuel for the previous month; (2) maintain arecord ofthe fuel sulfur contentverifiedbyvendor certification
or measured by an independent laboratory using ASTM methods for each batch offuel received; and (3) recalculate andrecordby the last day ofeach month the 12-month rolling
sum ofSO2 emissions for the previous 12 months, the date the calculation was made, and the calculation itselfusing the calculation method in subpart 4. L. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by using hours ofoperation in the calculations in subpart 4, the owner or operator must: (1) recordbythe lastday ofeachmonththehours operated foreach emissions unit, rounded to the nearest hour for the previous month; and (2) recalculate and record by the last day ofeach month the 12-month rolling sum ofemissions 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. Ifthe actual emissions for the previous calendaryear ofeach pollutant are less than the emission eligibility limits for eachpollutant listed in T able 3A, then the owner or operator shall comply with all of the requirements in items A to H. A. Ifthe 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 orused (whicheverwas stated in the permit application), the owner or operator must: (1) maintain records ofthe amount ofeach VOC-containing or HAP-containing material purchased orused (whichever was stated in the permit application), and the VOC content each calendar year; (2) maintain a record ofthe 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 ofeach calendar year the sum ofactual 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 itselffor the previous calendar year

.
75A 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 ofHAP emissions under subitems (1) to (3). B. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, by using fuel burned in the calculations in subpart 4, the owner or operatormust: (1) maintain records ofthe amount ofeach fuel purchased or used each calendar year (whichever was stated in the permit application); and (2) calculate and record by April 1 ofeach calendar year the sum ofthe emissions, and the calculation itselffor the previous calendar year

. C. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by using hours ofoperation in the calculations in subpart 4, the owner or operator must: (1) maintain records ofthe 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 ofthe emissions, and the calculations itselffor the previous calendar year

. D. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by calculating actual emissions under subpart 4 based on the quantity ofmaterial handled or throughput, orproduct produced, the owner or operator must: (1) maintain records each calendar year ofthe amount ofeach material handled or throughput and for each product produced, the amount ofthe material handled or throughput, and the amount ofproduct produced; and (2) calculate and record by April 1 ofeach calendar year for each material handled or throughput and for each product produced, the sum ofthe emissions and the calculation itselffor the previous calendar year

. E. By April 1 ofeach calendar year, the owner or operator must calculate and record, pursuant to subpart 4, the sum ofactual emissions from the stationary source, and the calculation itselffor the previous calendar year

. This calculation must include all emissions units at the stationary source, except for insignificant activities underpart 7007.1300, subparts 2 and 3, andthe informationrequiredby subpart4, itemB, subitem (3), ifcontinuous emissions monitor (CEM) data is used in the calculation. The sum ofactual emissions for each pollutant from the stationary source must not exceed the emission eligibility limits in T able 3A for any pollutant. Ifthe emission eligibility limit in T able 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 T able 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. T ABLE 3A OPTION D EMISSION ELIGIBILITY LIMITS FOR REDUCED RECORD KEEPING

76POLLUT ANT 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 NO
x 25 tons/year CO 25 tons/year Pb 0.05 tons/year
G. Ifthe stationary source determined eligibility in the permit application, in whole
or inpart, byusing fuel sulfur data in the calculations in subpart 4, the owner or operatormust: (1) maintain records ofthe amount ofeach fuel burned for each batch of fuel for each calendar year; (2) maintain arecord ofthe fuel sulfur contentverifiedbyvendor certification
or measured by an independent laboratory using ASTM methods for each batch offuel received; and (3) calculate and record by April 1 ofeach calendar year the sum of SO2 emissions and the calculation itselffor the previous calendar year using the calculation method in subpart 4. H. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, by using hours ofoperation in the calculations in subpart 4, the owner or operator must: (1) maintain records ofthe number ofhours operated for each emissions unit, rounded to the nearest hour for each calendar year; and (2) calculate andrecordbyApril 1 ofeach calendaryearthe sum ofemissions and the calculation itselffor the previous calendar year

. T ABLE 3A OPTION D EMISSION ELIGIBILITY LIMITS FOR REDUCED RECORD KEEPING

POLLUT ANT ELIGIBILITY LIMIT FOR REDUCED RECORD KEEPING

HAP 2.5 tons/year for a single HAP 6.25 tons/year total for all HAPs

77PM 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 NO
x 25 tons/year CO 25 tons/year Pb 0.05 tons/year Subp. 4. Calculation of actual emissions. The owner or operator ofa stationary
source may use a calculation worksheet provided by the commissioner for calculating actual emissions underthis part, ormayuse the calculationmethods underitems Ato E. The owner or operatormust calculate actual emissions for each emissions unit, except that similar emissions units may be aggregated for emission calculation purposes. The owner or operator ofa stationary source shall use the calculation method in item B instead ofthe calculation method in item A ifthe data described in item B are available forthe stationary source. The alternative methods described in items C, D, and E maybe usedby the owner or operatorwithout advance notification to the commissioner

. The commissioner shall reject data submitted using the methods described in items B to E ifthe conditions set forth for the method are not fully met. T o prevent double counting ofemissions, the owner or operator must select one calculation method under this subpart for each emissions unit at the stationary source. Fugitive dust emissions mustbe included in the calculations under this subpart only ifthe stationary source is in a category listed in part 7007.0200, subpart 2, item B, subitems (1) to (27). A. All calculations ofactual emissions requiredunderthis 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 ofpollutantper hour ofoperation orunits produced) as defined in part 7005.0100, subpart 10a, foruncontrolled emissions CE = Control Ef ficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070 for listed control equipment. B. Ifthe owner or operator ofthe stationary source has collected emissions data through use ofa 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 ofthe CEM data, and the following requirements shall be met: (1) the CEM has been certified by the commissioner; (2) the CEM data have notbeen rejectedby the commissioner due to failure by the owner or operator to comply with all requirements ofparts 7017.1002 to 7017.1220;

78all applicable permit conditions; and any other applicable state or federal laws pertaining to CEM operation; (3) the total operating time ofthe applicable emissions unit and the total operating time ofthe 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 ofhow the emissions were calculatedbased on the CEM data mustbe included in the permit application and in the monthly records required in subpart 3. In calculating actual emissions, the owner or operatormustuse the rated capacity ofthe flow unless the CEM provides actual data on the flow rate. Forperiods when the CEM is down and the emission unit is operating, the CEM data shall be substitutedwith emission data calculated using data obtained from the CEM. The CEM must have recorded data for at least 90 percent ofthe hours the emission unit was operated for the calendar year

. The substitute CEM data mustbe representative ofemission unit operation and, ifapplicable, ofthe control equipment operation during the period ofCEM downtime. Ifsubstitute CEM data meeting these conditions is not available, emissions during periods ofCEM downtime shall be calculated using emission factors as specified in item A orperformance test data as specified in item C. C. Emission factors fromperformance tests maybe used forthe calculation ofactual emissions, provided that: (1) the emissions unit is either an uncontrolledunit (for the testedpollutant)
or is fitted with airpollution control equipment subject to the monitoring and record-keeping requirements ofparts 7011.0060 to 7011.0080 or is fitted with air pollution equipment that has met the requirements ofsubpart 6; and (2) the performance tests met all the requirements ofparts 7017.2001 to 7017.2060, and all other applicable state rules and federal regulations governing performance tests. The owner or operator ofa stationary source thatuses 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 ofa 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 ofVOC entering the process. A signed statement from the supplier or the material safety data sheet must be submitted stating the maximum amount ofVOC in any material that was used in the process. b = the amount ofVOC incorporatedpermanently into the product. This includes VOCs chemically transformed inproduction. It does not include latentVOC remaining in the product that will at some time be released to the atmosphere. An explanation ofthis calculation must also be submitted.

c = the amount ofVOC, ifany , leaving the process as waste, or otherwise not incorporated into the product and not emitted to the air

. d = the control ef ficiency (percent expressed as a decimal fraction of 1.00) determined according to part 7011.0070. E. The owner or operator ofa stationary source may determine sulfur dioxide actual emissions by measuring the sulfur content ofthe fuel and assuming that all ofthe sulfur in the fuel is oxidized to sulfur dioxide. The sulfur content ofeach batch offuel received must be measured by an independent laboratory using ASTM methods or verified by vendor 79certification. The sulfur dioxide actual emissions shall be determined for each batch offuel received by using the following equation: SO2 = %S/100 x F/2,000 x 2, where SO2 = Sulfur dioxide emissions from a batch offuel in tons. %S = W eight percent sulfur in the fuel being burned. F = Amount offuel burned by weight in pounds. 2,000 = Pounds per ton. 2 or 64/32 = Pounds ofsulfur dioxide perpound ofsulfur in one pound-mole. The total sulfur dioxide emissions for the year shall be the sum total ofthe 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 ofactual emissions mustbe less than or equal to the thresholds listed in T able 3. T ABLE 3 OPTION D EMISSIONS THRESHOLDS

POLLUT ANT 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 NO
x 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. Ifthe 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 ofcontrol 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 bythe control equipment in compliance withthis item. The control equipment shall at all times be operated in the range establishedby the control equipment manufacturer's specifications for

80each control equipment parameter that is required to be monitored by the approved test plan during the performance test, orwithin the operating parameters setby the commissioner as the result ofthe most recent performance test conducted underparts 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. Ifthe commissioner determines such monitoring parameters do not exist, then an emission factormay notbe established through aperformance testunder this part; B. maintain the control equipment according to the requirements ofpart 7011.0075, subpart 2; C. operate the monitoring equipment for eachparameterrequiredto be monitored as part ofthe 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 , ifthe 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 ofspecification ofany 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 ifa deviation occurred in the reporting period; F

. conduct additional performance tests, upon request ofthe commissioner or the administrator, to verify the accuracy ofthe emission factor or for any ofthe reasons specified in part 7017.2020, subpart 1; G. in the event ofa shutdown or breakdown ofcontrol or process equipment
or deviations which would endanger human health or the environment, comply with part 7019.1000; H. recalculate the actual emissions ifthe owner or operator becomes aware of information indicating that the emission factor determined through the performance test is no longer representative; and I. ifthe emissions are discharged to the control equipment through a hood, maintain at the stationary source the evaluation ofeach hood, and record each month the fan rotation speed, fan power draw , or face velocity ofeach hood, or other comparable air flow indication method. Statutory Authority: MSs 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 cappedpermit option 1 underpart 7007.1141, subpart 1, or cappedpermit option 2 under part 7007.1141, subpart 2, may elect to apply to the commissioner for a cappedpermit instead ofa part 70, state, registration, or general permit, except as provided in item B. The owner or operator ofa stationary source may apply for a cappedpermit under this part ifthe stationary
source meets the following criteria:

81A. An owner or operator applies for cappedpermit option 1 or cappedpermit option 2 and meets the requirements ofsubitems (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 underpart 7007.1300, subpart 2; or are insignificant activities underpart 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 inpart 7007.1146, or are insignificant activities underpart 7007.1300, subpart 2 or 3, or are conditionally insignificant activities described in chapter 7008. B. The 12-month rolling sum ofactual emissions at the stationary source for each pollutant is less than or equal to the thresholds in option 1 or option 2. Ifthe source has not been operated or has operated for less than 12 months, the 12-month sum ofestimated 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 nextyearwhich will cause the stationary source's 12-month rolling sum ofactual 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 ifit is required to obtain
a permit under parts 7007.0200, subpart 3, acid rain af fected 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 ifair 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 ifit produces fuel grade ethanol or ifa 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 ifthe 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 cappedpermit ifit is subject to a new source performance standard other than one ofthe following: (1) Code ofFederal Regulations, title 40, part 60, subpart Dc, Standards ofPerformance for Small Industrial-Commercial-Institutional Steam Generating Units, incorporated by reference in part 7011.0570;

82(2) Code ofFederal Regulations, title 40, part 60, subpart I, Standards of Performance for Hot Mix Asphalt Facilities, incorporatedby reference inpart 7011.0909; (3) Code ofFederal Regulations, title 40, part 60, subpart K, Standards ofPerformance for Storage V essels 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 ofFederal Regulations, title 40, part 60, subpart Ka, Standards ofPerformance for Storage V essels 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 ofFederal Regulations, title 40, part 60, subpart Kb, Standards ofPerformance for V olatile Organic Liquid Storage V essels (Including Petroleum Storage V essels) for Which Construction, Reconstruction or Modification Commenced After July 23, 1984, incorporated by reference in part 7011.1520, item C; (6) Code ofFederal Regulations, title 40, part 60, subpart DD, Standards of Performance for Grain Elevators, incorporatedby reference inpart 7011.1005, subpart 2; (7) Code ofFederal Regulations, title 40, part 60, subpart EE, Standards ofPerformance for Surface Coating ofMetal Furniture, incorporated by reference in part 7011.2550; (8) Code ofFederal Regulations, title 40, part 60, subpart GG, Standards of Performance forNew Stationary Gas T urbines, incorporatedby reference inpart 7011.2350; (9) Code ofFederal 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 ofFederal Regulations, title 40, part 60, subpart XX, Standards of Performance forNew Bulk Gasoline T erminals, incorporatedby reference inpart 7011.1550; (11) Code ofFederal Regulations, title 40, part 60, subpart JJJ, Standards of Performance for Petroleum Dry Cleaners, incorporatedby reference in part 7011.3250; (12) Code ofFederal Regulations, title 40, part 60, subpart TTT, Standards ofPerformance for Industrial Surface Cleaning ofPlastic Parts for Business Machines, incorporated by reference in part 7011.2580; and (13) Code ofFederal 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 ifthe 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: MSs 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 peryear for a single HAP , 20 tons peryear total for all HAPs; B. PM, 90 tons per year;
83C. PM-10, 90 tons per year; D. VOC, 90 tons per year; E. SO2, 90 tons per year; F

. NO
x, 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 peryear for a single HAP , 20 tons peryear 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

. NO
x, 85 tons per year; G. CO, 85 tons per year; and H. Pb, 0.50 tons per year

. Statutory Authority: MSs 116.07 History: 29 SR 626

7007.1142 CAPPED PERMIT ISSUANCE AND CHANGE OF PERMIT ST A TUS. Subpart 1. Capped permit issuance, denial, and revocation. The commissioner shall issue a cappedpermit to the owner or operator ofa stationary source ifthe owner or operator has submitted a complete application for a capped permit, the commissioner determines that the stationary source qualifies forthe cappedpermit optionunderparts 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 ifthe 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 notbe able to comply with the cappedpermit. 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 cappedpermit application. The commissioner may revoke a capped permit, ifthe commissioner finds that any ofthe 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. Ifthe 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 thatpermit option orbeing unable to meet the requirements for that permit option, but which will result in the stationary source being eligible for the other cappedpermit option, then the owner or operator must comply with items A to C.

84A. The owner or operator must submit the required permit application to the commissionerbefore making the change orbeginning 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 operatormay make the change orbegin actual construction on and start-up ofthe modification proposed in the permit application seven working days after the permit application is received by the commissioner

. C. Until the commissioner acts onthe permit application, the owner or operatormust comply with the requirements ofthe 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 cappedpermit requirements specific to the option underwhich 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 ofa stationary source that has been issued a capped permit must submit a registration, part 70, state, or general permit application before making a change ormodificationwhichresults inthe stationary source no longer qualifying for either cappedpermit option underparts 7007.1140 to 7007.1148. The owner or operator may notbegin 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 obtainedunderpart 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 ifit meets the requirements ofsubpart 4. Subp. 4. Reinstatement ofeligibility for capped permit through addition ofair pollution control equipment, removal ofemission units, or implementation ofpollution prevention practices. Ifthrough the addition oflisted control equipment as defined in part 7011.0060, permanent removal ofemissions units, or implementation ofpollution prevention practices the stationary source reinstates eligibility for a cappedpermitunderparts 7007.1140 to 7007.1148, the owner or operator may reapply for a capped permit. Ifthe stationary
source reinstates eligibility for a cappedpermit due to implementation ofpollution prevention practices, the owner or operator shall submit a description ofthe pollutionpreventionpractices with the cappedpermit application for the commissioner's review and approval. Forpurposes ofthis subpart, "pollutionpreventionpractices" means eliminating orreducing atthe source the quantity ortoxicity ofregulated airpollutants, orhazardous airpollutants that are notregulated air pollutants, used by or emitted from the stationary source. Emission reductions are not reductions ifthe decrease is solelytheresultofadecrease inproductionatthe stationary source. Subp. 5. Change ofname, ownership, or control ofstationary source issued a capped permit. A. Priorto achange ofthename ofthe stationary source oranymailing address listed in the permit, the owner or operator must submit a request for change ofthe name or address
on a formprovidedby the commissioner

. The commissioner shall reissue the cappedpermit to the owner or operatorwith the changed name or mailing address. Issuance ofa cappedpermit with anew name ormailing address voids and supersedes the previously issued cappedpermit. B. Prior to a change in the ownership or control ofa stationary source issued a cappedpermit underparts 7007.1140 to 7007.1148, the new owner or operator must submit a
85request for change ofthe owner or operator on a form provided by the commissioner

. Ifthe commissioner determines that the new owner or operator meets the requirements ofparts 7007.1140 to 7007.1148 for capped permit issuance, then the commissioner shall issue the capped permit to the new owner or operator

. Issuance ofa capped permit to the new owner or operator ofan eligible stationary source voids and supersedes the capped permit ofthe previous owner or operator

. Public participationprocedures inpart 7007.1144 do not apply to the issuance ofa capped permit for a change ofstationary source name, mailing address, ownership, or control. Subp. 6. Agency request for different type ofpermit application. The owner or operator shall submit an application for apart 70, state, or general permit, or a dif ferent capped permit option, within 120 days ofthe commissioner's written request for the application if the commissioner determines that: A. the stationary sourcehas ahistoryofnoncompliancewith applicablerequirements
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 ofthe 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 ofregulated airpollutants to be emitted by the permittee; or G. the commissioner receives information previously unavailable to the commissioner that shows that the terms and conditions ofthe permit do not accurately represent the actual circumstances relating to the permitted facility

. Subp. 7. V oiding an existing permit. The commissioner shall void a part 70, state, or registrationpermit for a stationary source which is issued a cappedpermit. A stationary source that is coveredunder the terms ofa general permit is no longer coveredby the general permit when it is issued a cappedpermit. The commissioner shall void a cappedpermit issuedunder
one cappedpermit option for a stationary source that is issued a cappedpermit for a dif ferent 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: MSs 116.07 History: 29 SR 626

7007.1143 CAPPED PERMIT GENERAL REQUIREMENTS. Subpart 1. Capped permit certifications. A responsible of ficial, as defined in part 7007.0100, subpart21, shall sign and certify any cappedpermit application, report, compliance certifications, andrecordkeeping, testing, ormonitoring submittedpursuantto parts 7007.1140

86to 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 beliefformed 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, andmustbe signedby aresponsible of ficial ofboththe owner and the operator ofthe stationary source ifthey are not the same. Subp. 2. Capped permit content. A cappedpermit must identify the stationary source, the owner and operator ofthe 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, thatpertain to cappedpermit [insert option 1 or option 2 whichever
one applies], and all applicable requirements, including development ofa compliance plan and all record keeping, monitoring, and reporting described inparts 7007.1140 to 7007.1148." Subp. 3. Emission inventory required for stationary sources issued capped permits. The owner or operator ofa 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 ofa stationary source issued a cappedpermit underparts 7007.1140 to 7007.1148 must maintain at the stationary source for a period offive 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 ofthe 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 cappedpermit may maintain records at an of fice ofthe owner or operator ofthe stationary source for all years prior to the current calendar year ofoperation. B. The owner or operator ofa stationary source issued a cappedpermit underparts 7007.1140 to 7007.1148 must provide the commissioner, or an authorized representative or agent ofthe commissioner, access to the stationary source, including allowing the collection ofsamples, and records to the extent provided under Minnesota Statutes, section 116.091, or other law , upon presentation ofcredentials and other documents requiredby 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 ofthe act, or other law

. Subp. 5. No circumvention; permit shield. A. The owner or operator ofa stationary source that obtains a capped permit is subject to enforcement action for operation without a permit ifthe commissioner later determines that the stationary source does not qualify for the capped permit. B. The permit shieldunderpart 7007.1800 does not apply to cappedpermits. Subp. 6. Operation in more than one location. Ifrequestedbythe applicant, the capped permit may allow a stationary source to be operated in more than one location. Ifmore than
one location is proposed by the owner or operator, the owner or operator shall include in the87application an identification ofall geographic areas where the stationary source is authorized to operate during the course ofthe 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 permitby reference to this part as a whole. A. Unchallenged provisions ofthe permit remain valid despite any successful challenges to specific portions ofthe permit. B. The permittee must comply with all conditions ofthe permit. Any permit noncompliance constitutes aviolation ofstate law and, ifthe provision is federally enforceable, ofthe act. The violation is grounds for enforcement actionby the commissioner, the agency , or the EP A or for permit revocation. C. It is not a defense for a permittee in an enforcement action that it would have beennecessaryto halt orreduce the permitted activity in orderto maintain compliance withthe conditions ofthe permit. D. The permit may be revoked for cause as provided in part 7007.1142, subpart 1. The filing ofa request by the permittee for a dif ferent type ofpermit, a dif ferent capped permit option, revocation or termination ofthe permit, or a notification ofplanned 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 ofany sort or any exclusive privilege. F

. The permittee shall furnish to the commissioner, within a reasonable time, any informationthatthe commissionermayrequestinwritingto determine whethercause exists for revoking the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the commissioner copies ofrecords to be keptby the permittee. G. The commissioner's issuance ofthe 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 ofthe permit does notprevent the future adoption by the agency ofpollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement ofthese rules, standards, or orders against the permittee. I. The commissioner's issuance ofthe permit does not obligate the commissioner to enforce local laws, rules, orplans beyond that authorizedby Minnesota Statutes. J. The permittee shall at all times properly operate and maintain the facilities and systems oftreatment and control and the appurtenances related to them which are installed
or used by the permittee to achieve compliance with the conditions ofthe permit. Proper operation and maintenance includes ef fective performance, adequate funding, adequate operator staf fing 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

88submitted to the commissionerby 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 , tamperwith, render inaccurate, or fail to install any monitoring device or method required to be maintained or followedby 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. Ifthe permittee discovers, through any means, including notification by the commissioner, that noncompliance with a condition ofthe 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 ofthe permit. In issuing the permit, the state, the agency , and the commissioner assume no responsibility for damages to persons, property , or the environment causedby the activities ofthe permittee in the conduct ofits actions, including those activities authorized, directed, or undertaken under the permit. T o the extent the state, the agency , and the commissioner may be liable for the activities oftheir employees, that liability is explicitly limited to thatprovided in the T ort 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 applyto a stationary source issued a cappedpermituntil anew 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: MSs 116.07 History: 29 SR 626

7007.1144 CAPPED PERMIT PUBLIC P AR TICIP A TION. Subpart 1. Notice ofapplications received. The agency shall electronically post notice ofreceipt ofan 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 ofapplications received. Subp. 2. Contents ofnotice. The notice must identify the name and location ofthe 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 briefdescription ofthe comment procedures requiredby this part including the dates on which the commentperiod commences and terminates; and the name, address, telephone number, and electronic mail address ofa person from whom interestedpersons may obtain additional information, including copies of the application and information on facility emissions.

89Subp. 3. Length ofcomment period. The agency shall provide 30 calendar days for comment. Subp. 4. Contents ofwritten comments. During the commentperiod establishedunder subpart 3, an interestedperson may submitwritten comments on the eligibility ofthe applicant for the cappedpermit. A person who submits comments under this subpart shall include: A. a statement ofthe person's interest in the permit application and any information related to a facility's eligibility for the capped permit; B. a statement ofthe action the person wishes the agency to take; and C. the reasons supporting the person's position, statedwith suf ficient specificity as to allow the commissioner to investigate the merits ofthe 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 ofthe permit on the agenda ofan agency board meeting pursuantto part 7000.0650, subpart 3. The decisionto grant or denythe 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 underpart 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 ofthe stationary source. Statutory Authority: MSs 116.07 History: 29 SR 626

7007.1145 CAPPED PERMIT APPLICA TION. Subpart 1. Application procedures and request for additional information. Items A to C apply to cappedpermit applications submittedunderparts 7007.1140 to 7007.1148. A. The owner or operator ofa stationary source must submit an application for a capped permit on a current standard application form provided by the commissioner

. The
owneroroperatormay supplementinformationinaprevious applicationtomeetthe application content requirements in subpart 2. The commissioner may create dif ferent application forms for the two cappedpermit options available underparts 7007.1140 to 7007.1148. B. Anyowneroroperatorofa stationary sourcewho failsto submitanyrelevantfacts
or who has submitted incorrect information in an application for a capped permit shall, upon becoming aware ofthe 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 cappedpermit is issued. C. Ifthe commissioner determines during review ofthe application that additional information is needed to evaluate the cappedpermit 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.

90Subp. 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 requiredby the standard application form: A. The owner or operator shall specify whether they are applying for cappedpermit option 1 or 2 under part 7007.1141 at the time ofapplication. B. Information identifying the stationary source and its owners or operators, including company name and address, plant name and address ifdif ferent from the company name, owner's name and agent, and contact telephone numbers and electronic mail address, including the name ofaplant site manager or contact, and the personpreparing the application ifdif ferent. C. A description ofthe 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 unitwithin 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 inpart 7007.1300, subpart 3, item J, mustbe included in the calculations under this subpart only ifthe 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 forwhich 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, ofthe insignificant activities list andconditionallyinsignificantactivities describedin chapter7008. The owneroroperator shall also provide a calculation ofemissions 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. Ifrequested by the agency , the owner or operator shall provide a calculation ofemissions from any activity described in part 7007.1300, subpart 3, and conditionally insignificant activities. The agency shall request such a calculation ifit finds thatthe emissions from those activities, in addition to other emissions from the stationary source, could make the stationary source subject to dif ferent applicable requirements under parts 7007.0100 to 7007.1850 ornot eligible for cappedpermit option 2 underparts 7007.1140 to 7007.1148. (3) A permit application shall identify and describe each emission point in suf ficient detail to verify the applicability ofall applicable requirements. This shall include the

91location ofall emission points and the location ofall emissions units and processes venting through each emission point, the exhaust gas flow rate and temperature, and the stack height and diameter ofan emission point. (4) The permit application shall specify the potential emissions, as defined in part 7005.0100, subpart 35a, inpounds perhour 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 thatpollutants which are regulated solely under section 112(r) ofthe act need not be included andpollutants regulated solely under section 602 ofthe act need not be included. (5) A permit application shall include the following information to the extent it is emissions-related: fuels, fueluse, rawmaterials, productionrates, and operating schedules. (6) Ifthe calculations required by part 7007.1147 used control equipment ef ficiencies for listed control equipment determinedby 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, andprovide the calculations on which they are based. Emission calculations may be done using an agency worksheet ifone 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. Ifthe stationary source has not been operated or has operated less than 12 months, the owner or operator shall estimate the 12-month sum ofactual emissions inperforming the calculations requiredbypart 7007.1147. (9) Identification ofthe method the source used to comply with part 7007.1148, ambient air quality assessment and a summary ofthe assessment results. E. A complete listing ofthe citations and titles ofall applicable requirements to which the permittee is subject. Citations must be to the latest codification ofthe regulatory requirements at the time ofapplication. 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 ofthe permit. This option is available only under the conditions in part 7007.1143, subpart 6. G. A description ofthe compliance status ofthe stationary source with respect to all applicable requirements and the requirements ofparts 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: MSs 116.07 History: 29 SR 626

7007.1146 CAPPED PERMIT COMPLIANCE REQUIREMENTS.

92Subpart 1. Capped permit compliance requirements. The owner and operator ofthe 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 ofactual emissions from the stationary source determinedpursuant to part 7007.1146, not exceed the applicable thresholds inpart 7007.1141 for any pollutant; D. forthe sum ofactualNO
x emissions fromthe stationary source in a calendaryear determined under this part, not exceed the estimated future annual NO
x emissions in units of tons per year used to comply with part 7007.1148; and E. ifa stationary source qualifies for a capped permit, but has less than 12 months ofemissions 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 ofthe 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 ofmonths 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 ofa stationary source issued a capped permit shall comply with all ofthe requirements relevant to the stationary
source in items A to G. The owner or operator ofa stationary source issued a capped permit shall comply with items H and I at all times. A. Ifthe 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 ofmaterials 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 ofsolids, or HAP) purchased orused, and the relevantpollutant content for the previous calendar month; (2) maintain a record ofthe 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) ifthe owner or operator assumes a reduction ofemissions in using the materials balance method under part 7007.1147, subpart 5, due to recycling ofmaterial of f site, keep records ofthe amount ofmaterial shipped of fsite forrecycling 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

93(4) recalculate andrecordby the last day ofeach month the 12-month rolling
sum ofactual 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. Ifthe 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 offuel purchased orused in the calculations in part 7007.1147, the owner or operator must: (1) recordby the last day ofeachmonth the amount ofeach fuel purchased or used, whichever was stated in the permit application, for the previous month; and (2) recalculate and record by the last day ofeach month the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. C. Ifthe 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) recordby the last day ofeach month the amount ofeach fuel burned for each batch offuel for the previous month; (2) maintain a record ofthe fuel sulfur content certified by the supplier or independent laboratory for each batch offuel received; and (3) recalculate andrecordby the last day ofeach month the 12-month rolling
sum ofSO2 emissions for the previous 12 months, the date the calculation was made, and the calculation itselfusing the calculation method in part 7007.1147, subpart 6. D. Ifthe stationary source determined eligibility in the permit application, in whole
or in part, or demonstrates compliance, in whole or in part, by using hours ofoperation in the calculations in part 7007.1147, the owner or operator must: (1) recordbythe lastday ofeachmonththehours operated foreach emissions unit, rounded to the nearest hour for the previous month; and (2) recalculate and record by the last day ofeach month the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. E. Ifthe 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 ofmaterial handled orthroughput, orproductproduced in the calculations inpart 7007.1147, the owner or operator must: (1) recordbythe last day ofeachmonth, the amount ofeachmaterial handled
or throughput and the amount ofeach productproduced for the previous month; and (2) recalculate and record by the last day ofeach month for each material handled or throughput and for each productproduced, the 12-month rolling sum ofemissions for the previous 12 months, the date the calculation was made, and the calculation itself. F

. Ifthe stationary source qualified in the permit application, in whole or in part,
or demonstrates compliance, in whole or in part, by using control equipment ef ficiencies 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 ofa hot mix

94asphalt plant shall comply instead with part 7011.0917. Ifthe calculations required by part 7007.1147 used control equipment ef ficiencies based on an alternative control ef ficiency under part 7011.0070, subpart 2, the owner or operator shall also operate within the monitoring and operating parameters ofthe performance test that established the alternative control ef ficiency

. G. Ifa 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 ifthe 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 ifthe change triggers a new source performance standard; and (3) with the notice in subitem (1), a copy ofthe applicable new source performance standard (NSPS), with the applicable portions ofthe new source performance standard highlighted, including applicable parts ofCode ofFederal Regulations, title 40, part 60, subpart A, General Provisions, or anNSPS checklist form providedby the commissioner that identifies applicable portions ofthe new source performance standard. H. The owner or operatormustrecalculate andrecordby the last day ofeach month, pursuant to part 7007.1147, the 12-month rolling sum ofactual emissions from the stationary
source forthe previous 12 months, the date the calculationwas made, andthe 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, ifcontinuous emissions monitor (CEM) data is used in the calculation. For capped option 1, this calculation need not include emissions from insignificant activities underpart 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 underpart 7007.1300, subparts 2 and 3, or conditionally insignificant activities described in chapter 7008. I. The owner or operator ofa stationary source with a cappedpermitmustkeep daily operating records that would allow the owner or operator to calculate actual emissions ofany 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 ifrequested 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 cappedpermit, the owner or operatormust: 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. ifthe change results in increased SO2, NO
x, 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 ofthe prechange analyses requiredunder items A and B on site. The owner or operatormay use worksheets providedby the agency forthe demonstrations required under items A and B. 95Subp. 4. Compliance plan. The owner or operator ofa stationary source must develop a written plan containing the following: A. a list ofthe state and federal requirements that apply to the stationary source; and B. a list ofthe 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 ofreceiving a cappedpermit and keep a copy ofthe current compliance plan on site at all times. The owner or operatormustupdate the plan within 15 working days after any change that would alter the elements ofthe plan as describedunder items A and B. Ifrequestedby the commissioner, the
owner or operator shall provide a copy ofthe current compliance plan to the commissioner

. Subp. 5. Reporting. An owner or operator ofa source with a cappedpermitmust submit to the agency the reports described under items A to E. All reports required under a capped permit shall be certifiedby a responsible of ficial consistent withpart 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 af firmative defense ofemergency only ifit meets all the requirements ofpart 7007.1850, which includes notifying the agency within two working days ofwhen the emission limitations were exceeded due to the emergency

. (2) For all other deviations, the permittee shall submit a deviationreport, on a form approved by the commissioner, at least semiannually except the deviation report is due only ifa 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 eachyear andthe end-of-year deviations report, covering deviations which occurred during the period from July 1 to December 31, is due by January 30 ofeach year

. B. An annual compliance certification submitted by January 31 ofeach 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 ofthe calendar year that the report covers; (3) identification ofdeviation reports submitted covering the calendar year including the name ofthe report, such as DRF-1 or DRF-2; the period covered by the report; and the date ofthe cover letter accompanying the report; (4) identification ofany 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 ofa responsible of ficial 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.

96D. A list ofthe equipment existing at the facility in a format specified by the commissioner

. This list shall be submitted at the end ofthe previous calendar year with the emissions inventory required under item C. E. Ifan owner or operator is allowed to operate in more than one locationunderpart 7007.1143, subpart 6, notification to the commissioner at least 48 hours in advance ofeach 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: MSs 116.07 History: 29 SR 626

7007.1147 CAPPED PERMIT CALCULA TION OF ACTUAL EMISSIONS. Subpart 1. Methods used. The owner or operator ofa 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 ofa stationary source must use the calculation method in subpart 2 ifthe 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 ifthe conditions set forth for the method are not fully met. T o prevent double counting ofemissions, the owner or operator must select one calculation methodunder this subpart for each emissions unit at the stationary
source. Fugitive dust emissions from activities listed inpart 7007.1300, subpart 3, item J, must be included in the calculations under this subpart only ifthe 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. Ifthe owner or operator ofthe stationary
source has collected emissions data through use ofa 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 ofthe 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 ofparts 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 ofthe applicable emissions unit and the total operating time ofthe CEM for the previous 12 consecutive months must be included in the permit application and in the monthly records required inpart 7007.1146, subpart 2, item H; and D. an explanation ofhow 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, forperiods when the CEM is down and the emissions unit is operating, missing emissions data shall be substitutedwith CEM data
97recorded during a representative period ofoperation ofthe emissions unit, and, ifapplicable, ofthe 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 ofthe hours the emission unit was operated for the calendar year for which the inventory is being submitted. Ifsubstitute CEM data meeting these conditions is not available, emissions during periods ofCEM downtime shall be calculated using performance test data as specified in subpart 3,
or 4 ifdata is not available under subpart 3. Subp. 3. Performance test data. Emission factors from performance tests may be used for the calculation ofactual emissions, provided that the performance tests met all the requirements ofparts 7017.2001 to 7017.2060, and all other applicable state rules and federal regulations governing performance tests, except that alternative control ef ficiencies shall only be developed from performance tests conducted using control equipment listed in part 7011.0070. T o 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 ofa stationary source thatuses 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 ofthe commissioner, the actual mass ofVOC compounds emitted. Subp. 4. General calculation method. All calculations ofactual emissions required underthis part shall be based on the stationary source's operating parameters, and mustuse 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 ofmaterial handled or throughput, or product produced). UEF = uncontrolled emission factor (pounds ofpollutant per hour ofoperation or units produced) as defined in part 7005.0100, subpart 10a, foruncontrolled emissions. CE = control ef ficiency (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 ofa 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 ofthe relevantpollutant, such as VOC, particulate matter, orHAP , entering the process. A signed statement from the supplier or the material safety data sheet (MSDS) mustbe submitted stating the maximum amount ofthe pollutant in any material that was used in the process. Ifa material contentrange is given on the MSDS orby the supplier, the highest number in the range shall be used for this calculation. b = the amount ofthe relevant pollutant incorporated permanently into the product. This includes VOCs chemically transformed in production. It does not include latent VOC

98remaining 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 NO
x applying 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 NO
x). 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 NO
x. 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, NO
x, or SO2 do not need to be included in either of the methods. Subp. 2. CAPS electronic spreadsheet method.

99A. 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 ofSO2 and PM-10 in units ofpounds per hour for each emissions unit at the stationary source forwhich calculations wereperformedunderpart 7007.1147 unless otherwise allowedbythispart. The owneroroperator shall enterinto the CAPS spreadsheetthe estimated future annualNO
x emissions inunits oftons peryearwhichwere calculatedusing the methods in part 7007.1147. The one-hour, three-hour, and 24-hour SO2; the 24-hour PM-10; and the annual NO2 concentrations predicted at andbeyond the property line ofthe stationary source using the spreadsheet mustbe lower than the corresponding standard inpart 7009.0080. C. The owner or operatormustuse the default dispersion factors in CAPS ordevelop 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 T able 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 EP A's SCREEN3 model, or its most recent version, to perform the ambient air quality assessment. The owner or operator shall model potential SO2 and PM-10 emissions in units ofpounds per hour and estimated future annual NO
x emissions inunits oftons peryearusing the mostrecent version ofEP A's screen model. B. EP A's screen model is described in SCREEN3 Model User's Guide, EP A-454/B-95-004, United States Environmental Protection Agency , Of fice ofAir Quality Planning and Standards, September 1995, which is incorporatedbyreference and is not subject to frequent change. This publication and copies ofthe SCREEN3 model are available from the Pollution Control Agency library through the Minitex interlibrary loan system, through the National T echnical Information Service (NTIS), Springfield, V A, 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 ofSO2 and PM-10 in units ofpounds perhour for each emissions unit at the stationary source forwhich calculations
were performed under part 7007.1147 unless otherwise allowed by this part. The owner or operator shall model the estimated future annual NO
x emissions in units oftons 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 NO2 concentrations predicted at andbeyond the property line ofthe stationary source using SCREEN3 must be lower than the corresponding standard in part 7009.0080.

100D. 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 commissionermay request the owner or operatorto provide the dataused to complete the air quality assessment performed under this subpart or subpart 2. Nothing in this part shall be construed to allow violation ofany national or state ambient air quality standards. Ifthe commissionerrequests 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: MSs 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 apermit amendment ornotice to the agency

. Item C requires notice to the agency before pollution control equipment orreplacementunits 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 amendmentto a permit. Part 7007.1450 establishes the process for getting a minorpermit 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 majorpermit amendments, neededto make modifications that are not allowedunder 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 shouldbe calculated underparts 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 underparts 7007.0100 to 7007.1850 unless the modification is allowedunderpart 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. Ifa change at a facility does not constitute a modification, no permit amendment is requiredunless the change is described under part 7007.1500, subpart 1. Ifa 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 ofany regulated air pollutant; (ii) does not constitute a title I modification; and (iii) does not constitute any other type ofmodification, ifthe change is one ofthe following: (1) installing air pollution control equipment; (2) replacing a unit identified in the permit; and (3) replacing airpollution control equipment with listed control equipment,
as defined inpart 7011.0060, subpart 4, whichhas an equivalent orbetterremoval ef ficiency of regulatedpollutants previously controlled with the control equipmentbeing replaced.

101The 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. Ifthe agency finds that the installation orreplacement triggers new monitoring, record keeping, or reporting requirements under applicable requirements orparts 7007.0100 to 7007.1850, the agency shall initiate an amendment under part 7007.1400 or 7007.1500 to include the new requirements. Ifthe installation orreplacement constitutes a title I modification or other type ofmodification, this item does not apply , and the permittee shall follow the applicable procedures ofpart 7007.1250, 7007.1350, 7007.1450, or 7007.1500. If notice is provided as required by this item, the installation and operation ofthe additional equipment shall not be considered a violation ofthe 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 ofan applicable requirement. E. Ifa 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 ofa modification underpart 7007.0750, subpart 5, or to limit apermittee's ability to obtain a majorpermit amendment restricting emissions to levels that wouldprevent the source from becoming subject to the requirement to obtain a part 70 permit. F

. The owner or operator ofa stationary source that is required to have a permit underparts 7007.0050 to 7007.1850, butwhich does notyethave apermit, 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 amendmentunderparts 7007.1150 to 7007.1500 shall be read as arequirement for an owner or operator to obtain apermit from the agency underpart 7007.0750, subpart 5. Statutory Authority: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 23 SR 2224

7007.1200 CALCULA TING EMISSION CHANGES FOR PERMIT AMENDMENTS. Subpart 1. How to calculate emission changes. When this part is required to be used, the method ofcalculation in subpart 2 mustbe used to determine first whether a modification is a title I modification. T o calculate emission changes for a modification that is not a title I modification, the method in subpart 3 shall then be used. T o 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 ifthe proposed change is a title I modification. T o determine ifa modification is a title I modification, the applicable federal calculation method must be used. T o determine the applicable methods to calculate emission changes for a title I modification, the permittee must refer to the federal regulations listed in

102part 7007.0100, subpart26. Parts 7011.0060 to 7011.0080 maybe usedinthis calculation ifthe stationary source is in compliance withparts 7011.0060 to 7011.0080. A change thatwouldnot 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 ofsignificant deterioration ofair quality), part D (plan requirements in nonattainment areas), and section 112(g)(2)(B) (construction or reconstruction ofa major
source ofhazardous air pollutants) ofthe 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 ofthe 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 afterthe physical and operational change, physical and operational limitations and emission decreases will be considered only ifthey: (1) are or will be automatically required by an applicable requirement including parts 7011.0060 to 7011.0080; (2) are or will be automatically requiredby an existing permit; (3) are integral to the process; (4) are proposed as apermitterm and condition inthe application for aminor, moderate, or major modification underpart 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 ofemission 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 ofemission 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, orwhere apermittee 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. T ests shall be conductedunder such conditions as the agency shall specify

. At least three valid test runs must be conducted. All operating parameters which may af fect emissions mustbe 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 ofall calculations required under this part. For expiring permits, these records shall be kept for aperiod offive 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 offive years from the date that the change was made. The records shall be kept at the stationary source for the current calendar year ofoperation and may be kept at the stationary source or of fice ofthe stationary source for all other years. The records may be maintained in either electronic or paper format.

103Statutory Authority: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 2300; 23 SR 2224; 32 SR 904

7007.1250 INSIGNIFICANT MODIFICA TIONS. 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 ofany emissions unit, orundertaking 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 ofa conditionally insignificant activity underparts 7008.4000 and 7008.4110. B. Any modification that will: (1) result in an increase ofa regulated air pollutant which is not listed in table 1; or (2) result in an increase ofan airpollutant which is listed in table 1, but in an amount less than the corresponding threshold. T able 1

Pollutant Threshold

NOX 2.28 pounds per hour SO2 2.28 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 ofthis 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 ef ficiencies 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 ofcalculation required under title I ofthe act. Permittees are reminded to review the definition oftitle I modifications and the requirements oftitle I ofthe act.

104Subp. 2. Insignificant modification exclusions. A modification may not be made under this part ifthe modification: A. is a title I modification; B. wouldresult in the violation ofapermit emissions limit or any otherpermit term; C. is required to be authorized by a permit amendment under title IV ofthe act or Code ofFederal Regulations, title 40, part 72, as amended; D. is part ofa single project, as described in subpart 5, which taken as a whole, would not be authorized under this part; or E. is describedunderpart 7007.1500, subpart 1 (Majorpermit amendmentrequired). Subp. 3. Record-keeping requirements. Except as described in subpart4, modifications authorizedunder this part may be made withoutproviding notice to the agency

. However, the permittee shall keep a record ofthe modification for all changes authorized under subpart 1, items A and B, except for those activities described inpart 7007.1300, subpart 2. For changes authorized under subpart 1, item B, andpart 7007.1300, subpart 3, item I, the permittee shall also keep calculations ofthe emissions increase as requiredbypart 7007.1200, subpart4, and a statement ofthe purpose for making the modification. Subp. 4. Agency notification required. Ifa modification authorized under subpart 1, item B, together with other modifications made under subpart 1, item B, during the course ofthe permit term (or within a five-year period for a nonexpiring permit), have resulted in total increases ofa pollutant in excess offour 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 ofthe 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 of ficial, consistent with part 7007.0500, subpart 3, that the modifications listed were notpart ofa 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 ifemissions increases from these additional modifications total more than four times the amount listed in subpart 1, item B, subitem (2). Subp. 5. Determination ofa single project. Iftwo or more modifications made at a stationary source are part ofa single project, the emissions increases from these modifications shall be considered in the aggregate for purposes ofthis part. Generally , modifications will be considered part ofa single project when the usefulness ofone modification depends substantially on the completion ofthe other modification or modifications. In determining whethermodifications are part ofa single project, the agency will consider the amount oftime that elapses between modifications, whether they were planned at the same time, and whether the modifications share a common purpose. Subp. 6. Enforcement action. Ifapermittee makes amodificationthe 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: MSs 116.07 History: 18 SR 1059; 19 SR 1345; 20 SR 2316; 22 SR 1237; 23 SR 2224; 32 SR 904 1057007.1251 [Repealed, 22 SR 1237]

7007.1300 INSIGNIFICANT ACTIVITIES LIST

. Subpart 1. Insignificant activities. The actions listed in this part, and operation ofthe emissions units listed in this part, are insignificant activities forpurposes ofparts 7007.0100 to 7007.1850. Listing in this part has no ef fect on any other law , including laws enforcedby 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 apermit application underpart 7007.0500, subpart 2, item C, subitem (2). A. Fuel use: (1) production ofhot water for on-site personal use not related to any industrial process; (2) fuel use related to foodpreparation by a restaurant or cafeteria; and (3) fuel burning equipment with a capacity less than 30,000 Btu per hour, but only ifthe combined total capacity ofall 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 of25,000 Btu per hour

. The ten units are all an insignificant activity under this subitem, because their combined capacity is less than 500,000 Btuperhour (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 ofthe 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, orpaving parking lots, but excluding use ofspray paint equipment (refer to subpart 3, item K, foruse ofspraypaint equipment that maybe considered a listed insignificant activity); (2) routine maintenance ofbuildings, grounds, and equipment; (3) use ofvacuum cleaning systems and equipment for portable steam cleaning; (4) clerical activities such as operating copymachines and documentprinters, except operation ofsuch 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 ofmetal 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 orplastics 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 forwashing or drying fabricated glass ormetal products, ifno VOCs are used in the process, and no gas, oil, or solid fuel is burned; (3) equipment venting particulate matter (PM) orparticulate matter less than ten microns (PM-10) inside a building (for example: buf fing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, orturning equipment) provided that emissions from the equipment are: (a) is vented inside ofthe building 100 percent ofthe time; and (b) does not use air filtering systems used to control indoor air emissions; and (4) blast cleaning operations using suspension ofabrasive 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 ofless than 2,000 gallons. F

. Drain, waste, and vent piping: (1) stacks or vents to prevent escape ofsewer gases through plumbing traps, not including emissions associated with processing at wastewater treatmentplants; (2) sewer maintenance access covers and shafts; (3) sludge and septage landspreading sites; (4) sludge loadout pumping operations forpublicly owned treatment works with a design flow less than 5,000,000 gallons per day; and (5) odor control systems on components ofpublicly owned treatment works collection systems. G. Residential activities: typical emissions fromresidential structures, notincluding: (1) fuel burning equipment with a total capacity of500,000 Btu/hour or greater; and (2) emergency backup generators. H. Recreational activities: use ofthe 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 ofpatients in medical or veterinary facilities or of fices, not including support activities such as power plants, heating plants, emergency generators, incinerators, or otherunits af fected by applicable requirements as defined in part 7007.0100, subpart 7. J. Miscellaneous: (1) safety devices, such as fire extinguishers, ifassociated with a permitted emission source, but not including sources ofcontinuous emissions; (2) flares to indicate danger to the public; (3) vehicle exhaust emissions from the operation ofmobile sources at
a stationary source; (4) purging ofnatural gas lines; (5) natural draft hoods, natural draft ventilation, comfort air conditioning, or comfort ventilating systems not designed orused to remove air contaminants generatedby , or released from specific units ofequipment; (6) funeral home embalming processes and associated ventilation systems; and (7) use ofconsumerproducts, 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 ofa demonstrationproject is to provide an actual functional example ofaprocess unit operation to the students or other interested parties, where actual operating hours ofeach emission unit shall not exceed a total of350 hours in a calendaryear and where the emissions unit is not used to dispose ofwaste materials. Subp. 3. Insignificant activities required to be listed. The activities described in this subpart must be listed in a permit application, and calculation ofemissions from these activities shall be provided ifrequired by the agency , under part 7007.0500, subpart 2, item C, subitem (2). Ifemissions units listed in this subpart are subject to additional requirements under section 114(a)(3) ofthe act (Monitoring Requirements) or section 112 ofthe act (Hazardous Air Pollutants), or ifpart ofa title I modification, or, ifaccounted 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 ifthe total combined capacity ofall fuel burning equipment at the stationary source

108with 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 of400,000 Btuperhour

. None ofthe 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 combinedtotal tankage capacity ofnotmore than 10,000 gallons; and (2) nonhazardous air pollutant VOC storage tanks with a combined total tankage capacity ofnot more than 10,000 gallons ofnonhazardous air pollutant VOCs and with a vaporpressure ofnot 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 aplace
or activity devoted to experimental study or teaching in any science, or to the testing and analysis ofdrugs, 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 ifthe containers used for reactions, transfers, and other handling ofsubstances are designed to be easily and safely manipulated by one person. Ifa facility manufactures orproduces products forprofit in any quantity , it may notbe considered to be a laboratory under this item. Support activities necessary to the operation of the laboratory are considered to be part ofthe laboratory

. Support activities do not include the provision ofpower 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) equipmentused exclusively forpackaging 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 ofwax; (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 ofwhich have apotential to emit the following pollutants in amounts less than:

109(1) 4,000 pounds per year ofcarbon monoxide; and (2) 2,000 pounds per year each ofnitrogen oxide, sulfur dioxide, particulate matter, particulate matter less than ten microns, VOCs (including hazardous air pollutant-containing VOCs), and ozone. J. Fugitive dust emissions fromunpaved entrance roads andparking lots, exceptthat
a stationary source applying for an Option D registration permit under part 7007.1130 must include fugitive dust emissions in calculations when requiredunderpart 7007.1130, subpart 4. K. Infrequentuse ofspraypaint equipment forroutine housekeeping orplantupkeep activities not associated with primary production processes at the stationary source, such as spray painting ofbuildings, 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 mustbe listed in apart 70 permit application: A. potential emissions of5.7 pounds per hour or actual emissions oftwo tons per year ofcarbon monoxide; B. potential emissions of2.28 pounds per hour or actual emissions ofone 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 of25 percent or less ofthe hazardous air pollutant thresholds listed in subpart 5; or (2) combined HAP actual emissions ofone ton per year unless the emissions unit emits one or more ofthe 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. Ifthe emissions unit emits one or more ofthe HAPs listed in this subitem, the emissions unit is not an insignificant activity under this subitem. Calculation ofemissions fromthe emissions units listed inthis subpart shall be provided if requiredbythe agencyunderpart 7007.0500, subpart 2, item C, subitem (2). Ifemissions units listed under this subpart are subject to additional requirements under section 114(a)(3) ofthe act (Monitoring Requirements) or section 112 ofthe act (Hazardous Air Pollutants), or are part ofatitle I modification, orifaccounted for, make a stationary source subjectto apart 70 permit emissions fromthe emissionsunits mustbe calculatedinthepermitapplication. Ifthe 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.

110CAS# Chemical Name De Minimis Level (tons/year) 57147 1,1-Dimethyl hydrazine 0.008 79005 1,1,2-T richloroethan 1 79345 1,1,2,2-T etrachloroethane 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-T richlorobenzene 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-T rimethylpentane 5 1746016 2,3,7,8-T etrachlorodibenzo-p-dioxin 6E-07 584849 2,4-T oluene 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-T oluene diamine 0.02 95954 2,4,5-T richlorophenol 1 88062 2,4,6-T richlorophenol 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

111101144 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

112108907 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

11375343 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-T richloroethane) 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

11498953 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-T oluidine 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 T etrachloroethylene (Perchloroethylene) 10 7550450 Titanium tetrachloride 0.1 108883 T oluene 10 8001352 T oxaphene (chlorinated camphene) 0.01 79016 T richloroethylene 10 121448 T riethylamine 10 1582098 T rifluralin 9 108054 V inyl acetate 1 593602 V inyl bromide (bromoethene) 0.6

11575014 V inyl chloride 0.2 75354 V inylidene 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 T rivalent) 5

- Hexavalent Chromium compounds 0.002

- T rivalent 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 T etramethyl lead 0.01 78002 T etraethyl 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

- T alc (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 ofthe chemicals ofthe chemical group, a single de minimis value is listed, which applies to compounds which are not named specifically

. **

- The "toxic equivalent factor" method in EP A/625/3-89-016 (U.S. EP A (1989) Interim procedures for estimating risk associated with exposure to mixtures) should be used for PCDD/PCDF mixtures. A dif ferent de minimis level will be determined for each mixture depending on the equivalency factors used which are compound specific. Forpurposes ofthis part, the document EP A/625/3-89-016, Interim Procedures for Estimating Risk Associated with Exposure to Mixtures, U.S. EP A (1989), is incorporatedby reference. The Environmental Protection Agency is the author and publisher

. This document is available at the University ofMinnesota 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 ofa "trivial" emission rate; therefore, the value assigned will be policy based. b

- The EP A relies on Code ofFederal Regulations, title 40, part 61, subparts B and I, and Appendix E, and assigns a de minimis level based on an ef fective dose equivalent of0.3 milliem peryear for a seven-year exposure period that would result in a cancerrisk ofone per million. The individual radionuclides subject to de minimis levels are contained in Code of Federal Regulations, title 40, part 61. Statutory Authority: MSs 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 CONTRA VENE CER T AIN PERMIT TERMS. Subpart 1. Applicability

. Apermittee may make changes allowedunderparts 7007.0100 to 7007.1850 at a permitted facility without obtaining a permit amendment, even though the change contravenes a permit term, ifthe change: A. does not violate a permit term related to monitoring (including test methods), record keeping, reporting, or compliance certification requirements; B. does notresult in emissions in excess ofthose explicitly allowedunderthe permit for any emissions unit or for the stationary source as a whole (whether expressed as a rate ofemissions or in terms oftotal emissions);

118C. does not violate anypermit term limiting hours ofoperation, workpractices, fuel usage, raw material usage, production levels, or throughput ifthe term has been established to limit emissions or ensure compliance with emissions limitations; D. does notviolate any otherpermit 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 ofthe act (Acid Deposition Control) or Code ofFederal 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 ofthe agency receives written notice ofthe change. The notice shall include a certification by a responsible of ficial describing the change to be made, identifying the term ofthe permit which is being contravened, stating that the change is authorizedunderthis part, andbriefly describing how it qualifies underthis part. The permittee and the agency shall attach the notice to the stationary source's permit. Ifthe agency finds that the proposed change is not authorized under this part, the agency shall notify the permittee ofthat finding and, ifthe proposed change could be made using other procedures, direct the permittee to those procedures. Subp. 3. Enforcement action. Ifthe permittee implements a change that the permittee believes qualifies under this part and the agency subsequently determines that the change does not qualify underthis part, the agency may take an enforcement action against the permittee. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.1400 ADMINISTRA TIVE 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 ofa stationary source shall request an administrative amendment ifchanges 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 ofany 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 ofoperation 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 amendmentto eliminate monitoring, recordkeeping, orreportingrequirements 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;

119(3) the requirements are redundant to or less strict than other existing requirements; (4) the requirements are technically incorrect and their elimination does not af fect the accuracy ofthe data generated or ofthe monitoring information recorded
or reported; or (5) the piece ofequipment 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 ofa stationary source where the agency determines that no other change in the permit is necessary , providedthatawrittenagreementcontaining a specific date fortransferofpermitresponsibility , coverage, andliabilitybetweenthe currentandnewpermitteehasbeen submittedto the agency; F

. an amendment to incorporate into apermit the requirements frompreconstruction reviewpermits issuedby the agency , incorporate into apermitthe requirements from standards adopted under Code ofFederal 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 adoptedunder Code ofFederal Regulations, title 40, part 63, as amended; G. an amendment to clarify the meaning ofa 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 establishedby an applicable requirement describedinpart 7007.0100, subpart 7, items Ato K, ifthe agencyhas 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 apermitup to 365 days ifthe agency finds that the extension is needed to allow the permittee to test atworst 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 ifthe permit condition: (1) is neitherrequirednorreplacedby 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 orupdate 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 ofthe 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 ofparts 7007.0100 to 7007.1850 is notrequired. The permittee shall specify the section ofthe permit that is to be amended, and the reason for the amendment. The agency may also make an administrative amendment upon its own initiative. Ifan administrative amendment initiated by the agency would impose additional or dif ferent requirements on the

120permittee, the permittee shall be notified ofthe proposed amendment 30 days priorto its taking ef fect, unless the permittee consents to less notice. Ifthe permittee objects to the amendment, the amendment shall notbe made under this part, but the agency may reopen the permitunder parts 7007.1500 and 7007.1600. Subp. 3. Timeline for final action. The agency shall take no more than 60 days from receipt ofa request for an administrative permit amendment to take final action on such request. Amendments made by the agency under this part shall be made withoutpublic notice
or an opportunity for public and af fected states comment and hearing. Subp. 4. Part 70 administrative amendment submitted to EP A. Ifthe administrative permit amendment is to apart 70 permit, the agency shall submit a copy ofthe amendedpermit
orpermit 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 ofa permit to an af fected source shallbe governedby Code ofFederal Regulations, title 40, part72, 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 afterthe request is receivedby the air quality division ofthe agency , ifthe change is described in subpart 1. However, ifthe change is ofownership 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 ofthe stationary source's permit. Statutory Authority: MSs 116.07 History: 18 SR 1059; 20 SR 2316; 22 SR 1237; 22 SR 1975

7007.1450 MINOR AND MODERA TE PERMIT AMENDMENTS. Subpart 1. Minor and moderate amendment exclusions. The agency may amend a permitusing the minor and moderate permit amendmentprocesses described in this part ifthe amendments are described in subparts 2 and 3, and ifthe amendments are not described inpart 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, ifthe modification will not cause an increase in emissions ofan airpollutant listed below in an amount greater than the threshold:

Pollutant Threshold

NOX 9.13 pounds per hour SO2 9.13 pounds per hour

121VOCs 9.13 pounds per hour PM-10 3.42 pounds per hour CO 22.80 pounds per hour Lead .11 pounds per hour
Forpurposes ofthis 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 ofcalculation required under title I ofthe act. Permittees are reminded to review the definition oftitle I modifications and requirements oftitle I ofthe act. Subp. 3. Moderate amendment applicability

. Any amendmentwhich meets the criteria ofsubpart 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 ofminor or moderate permit amendment procedures shall meet the requirements ofpart 7007.0600, subpart 1, and shall also include the following: A. a description ofthe modification, the emissions resulting from the modification, and any new applicable requirements that will apply ifthe modification occurs; B. ifthe amendment is to a part 70 permit, the stationary source's suggested draft permit or draft amendment; C. certification by a responsible of ficial that the proposed amendment meets the criteria for use ofminor or moderate permit modification procedures, including, in the case ofminorpermit 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 of ficial that the change which the proposed amendment would allow is not part ofa larger project which, taken as a whole, would not qualify for treatment as a minor or moderate permit amendment; and E. in the case ofamendments to part 70 permits, completed forms forthe permitting authority to use to notify the administrator and af fected states as requiredunder subpart 5. Subp. 5. EP A notification. In the case ofapplications for minor or moderate permit amendments to part 70 permits, the agency shall notify the administrator and af fected states ofthe requested permit amendment within five working days ofreceipt ofa complete permit amendment application to a part 70 permit. The agency promptly shall send any notice regarding agency refusal to accept af fected states recommendations required under part 7007.0900, to the administrator and the af fected states. Subp. 6. EP A review

. The agency will not issue a minor or moderate amendment to a part 70 permit until after the EP A has had 45 days to review the amendment oruntil the EP A has notified the agency that the EP A will not object to issuance ofthe permit amendment, whichever is first. The agencymayprocess the application during this time period. The agency

122shall 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. Thepermittee maymake the modificationproposedin aminorpermit amendment application seven working days after the application is received by the air quality division ofthe agency

. B. The permittee may begin actual construction on a modification proposed in
a moderate permit amendment application upon receipt ofa letter ofapproval 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. Ifthe stationary source makes the modification allowed by subpart 7, item A, or begins actual construction upon receipt of
a letter ofapproval 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, ifthe 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 oflosing any investment it makes toward implementing a modification prior to receiving a permit amendment authorizing the modification. The agency will not consider the possibility ofthe permittee suf fering financial loss due to such investment when deciding whetherto approve, deny , orapprove inmodified form aminorormoderatepermitamendment. Subp. 9. Permit shield does not apply

. The permit shield underpart 7007.1800 shall not apply to minor or moderate permit amendments. Statutory Authority: MSs 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 allowedunderparts 7007.1250 and 7007.1350 and forwhich an amendment cannotbe obtainedunder the administrative permit amendmentprovisions ofpart 7007.1400,
or the minor or moderate permit amendment provisions ofpart 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 ifthey are renderedmeaningless because the only emissions to which the requirements apply will no longer occur; (3) eliminating one validatedreference test method for apollutant and source category in order to add another;

123(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 af fect the accuracy ofthe data generated or ofthe monitoring information recorded or reported; or (6) eliminating the requirements for a piece ofequipment 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 ofan emission limitation or other standard, on a source-specific determination ofambient impacts, or on a visibility or increment analysis; C. any amendment to establish or change apermit term or condition forwhich there is no corresponding underlying applicable requirement described inpart 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) ofthe act (Hazardous Air Pollutant; Schedule for Compliance; Early Reduction); D. any amendment authorizing a title I modification, which includes construction
or reconstruction ofa major source ofhazardous air pollutants under section 112(g)(2)(B) ofthe act; and E. any amendment required by agency rule to be made under the major permit amendment procedures. Subp. 2. Major amendment application requirements. T o 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 orrenewedpermit ofthe type being amended. Subp. 3. Agency processing procedures. The agency shall process an application for a majorpermit amendment to a part 70 permit following the same procedures applicable to an application for a new orreissuedpart 70 permit, including procedures forpublic participation, administratorreview , and af fected 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 notprovide forpublic notice and commentunderpart 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 EP A 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.

124A. The owner or operator ofa stationary source may construct an af fected facility , as that term is defined in Code ofFederal Regulations, title 40, section 60.2, as amended (Standards ofPerformance forNew Stationary Sources; Definitions), upon receiving from the agency written approval to construct the af fected facility

. For purposes ofthis subpart, construction ofan af fected facility includes only modification or reconstruction, as described in Code ofFederal Regulations, title 40, sections 60.14 and 60.15, as amended, making an existing facility into an af fected facility

. No person may begin to operate the af fected facility until receipt ofa 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 ofreceiving a complete permit application seeking authorization to construct and operate the af fected facility

. The application must be accompanied by a written request for approval to construct under this subpart, and a statement certifiedby a responsible of ficial certifying that requirements ofpart C (Prevention ofSignificant Deterioration ofAir Quality) orpart D (Plan Requirements forNonattainment Areas) ofthe act do not apply to the proposed construction. The approval to construct shall only apply to the af fected facility

. C. This subpart does not apply ifthe construction, reconstruction, or modification would be subject to the new source review requirements ofpart C (Prevention ofSignificant Deterioration ofAirQuality) orpartD (PlanRequirements forNonattainmentAreas) ofthe act. D. This subpart does not relieve the applicant ofthe obligation to comply with the requirements ofMinnesota Statutes, chapter 116D, prior to construction, ifapplicable. 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 outunder subpart 3aprior to issuance ofa major permit amendment. Statutory Authority: MSs 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 apermitwhen: A. Additional federal applicable requirements become applicable to a stationary
source with a remaining permit term ofthree or more years or with a permit which is nonexpiring. Such a reopening and amendment shall be completed not later than 18 months afterpromulgation ofthe federal applicable requirement. No such reopening is required ifthe ef fective date ofthe requirement is laterthan the date on which the permit is due to expire. B. Additional requirements, including excess emissions requirements, become applicable to an af fected source under the acid rain program. Upon approval by the administrator, excess emissions of fsetplans shall be deemedto 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 ofthe 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 apermitwhen: 125A. additional state applicable requirements become applicable to a permitted stationary source, and the ef fective date ofthe 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 ofthe nature or quantity ofregulated airpollutants to be emitted by the permittee; C. the commissioner ofthe agency receives information previously unavailable to the agency that shows that the terms and conditions ofthe permit do not accurately represent the actual circumstances relating to the permitted facility; D. a court ofcompetentjurisdiction invalidates or modifies a Minnesota or federal statute or rule or federal guideline upon which a condition ofthe permit is based; E. an event occurs that is beyond the control ofthe permittee that necessitates modification ofa 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 ofthe permitted facility or in the conduct ofthepermitted activitywouldremove the dangerto humanhealth orthe environment. Subp. 3. Reopening procedure. T o reopen and amend apermit, the agency shall follow the procedures that apply to majorpermit amendments underparts 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 ofan application, the major permit amendmentprocess will commence when the agency gives the permittee written notice ofits intent to amend the permit. The agency shall not issue the amendment, or make public notice ofthe amendmentwhere public notice is required, until at least 30 days afterthe agency has given the permittee notice ofits intent to amend the permit, unless the permittee consents to less notice, or in the case ofan emergency

. In cases where public participation is required, only those portions ofthe permit which the agencyproposes to amend shall be open forpublic comment or consideration at a meeting or hearing. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.1650 REOPENINGS FOR CAUSE BY EP A. The administratormayreopenpart 70 permits as provided in Code ofFederal Regulations, title 40, section 70.7(g), as amended. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.1700 PERMIT REVOCA TION BY AGENCY

. Subpart 1. Permit revocation without reissuance. The agency may revoke permits and not reissue them when:

126A. there exists at the permitted facility unresolved noncompliance with applicable requirements ora condition ofthepermit, andthepermittee refuses to undertake an enforceable schedule ofcompliance to resolve the noncompliance; B. the permittee fails to disclose fully the facts relevant to issuance ofthe 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 cannotbe removedby 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 ofcompliance, or order issued under Minnesota Statutes, section 116.07. Subp. 2. Revocation procedures. The agency shall give notice to the permittee ofits intention to revoke a permit without reissuance. This notice must state that within 30 days ofthe receipt ofthe notice the permittee may request a contested case hearing be held on the proposed action, exceptthatthe agency mayprovide less notice in case ofan emergency

. Ifthe permittee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules ofthe Of fice ofAdministrative Hearings, parts 1400.5100 to 1400.8401. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.1750 FEDERAL ENFORCEABILITY

. A. All conditions ofa 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 ofa permit to be not enforceable by the administrator and citizens under the act ifthe 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 ofthe act; or (2) parts 7007.0100 to 7007.1850, after approval ofMinnesota's part 70 program by the administrator under title V ofthe act. Statutory Authority: MSs 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 ofthe permit shall be deemed compliance with any applicable requirements as ofthe date ofpermit issuance. However, the shield shall only have legal ef fect if: (1) the specific provision ofthe applicable requirement is identified in the permit as the basis ofpermit conditions; or

127(2) the agencyinacting onthe applicationforthepermitormajoramendment, 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 ofit. B. Ifthe 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 af fect the following: (1) the emergency order provisions ofsection 303 ofthe act, including the authority ofthe administrator under that section, and the agency's authority under the
emergency powers provision ofMinnesota Statutes, section 116.11; (2) the liability ofan owner or operator ofa stationary source for any violation ofapplicable requirements prior to or at the time ofpermit issuance; (3) the applicable requirements ofthe acid rain program, consistent with section 408(a) ofthe act; or (4) the ability ofthe agency orEP Ato obtaininformationthroughinspections, monitoring, and entry ofa stationary source pursuant to Minnesota Statutes, section 116.091, and section 114 ofthe act. D. The permit shield shall notbe provided forpermit 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 ifthe permittee knowingly submitted false or misleading information to the agency and the permit condition
was based on that information. Statutory Authority: MSs 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 ofthe stationary source, including an act ofGod, 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 ofemergency , the agency may state in the permit what types ofsituations will not be considered emergencies ifthey occur

. B. An emergency constitutes an af firmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe conditions ofitem C are met. C. The af firmative defense ofemergency 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 ofthe emergency;

128(2) the permitted facility was at the time being properly operated; (3) the permittee submitted notice ofthe emergency to the agency within two working days ofwhen the emission limitations were exceeded due to the emergency

. This notice must contain a detailed description ofthe emergency , any steps taken to mitigate emissions, and corrective actions taken; and (4) during the period ofthe emergency , the permittee took all reasonable steps to minimize levels ofemissions that exceeded the emission limitations, standards, or regulations in the permit. D. In any enforcementproceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. E. This provision is in addition to any emergency or upset provision contained in any applicable requirement. F

. This provision does not limitthe emergencypowerofthe agencyunderMinnesota Statutes, section 116.11. Statutory Authority: MSs 116.07 History: 18 SR 1059

7007.3000 PREVENTION OF SIGNIFICANT DETERIORA TION OF AIR QUALITY

. Anypersonwho constructs, modifies, reconstructs, or operates an emissions unit, emission facility , or stationary source must meet the requirements ofCode ofFederal Regulations, title 40, part 52.21, as amended, entitled "Prevention ofSignificant Deterioration ofAir Quality ," which is adopted and incorporated by reference. All applications and other information requiredpursuant to Code ofFederal 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: MSs 116.07 History: 18 SR 580; 32 SR 904

7007.3010 CONSTRUCTION OR RECONSTRUCTION OF A MAJOR SOURCE OF HAZARDOUS AIR POLLUT ANTS 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 ofRegulations, title 40, section 63.41, except electric utility steam generating units, stationary sources in deleted source categories under section 112(C)(9) ofthe act, and research and development activities, must meet the requirements ofCode ofFederal Regulations, title 40, part 63, subpart B, sections 63.40 to 63.44, as amended, entitled "Requirements for Control T echnology ," which is adopted and incorporated by reference, except sections 63.42(a) and 63.42(b) are not included. All applications and other information requiredpursuant to Code ofFederal 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: MSs 116.07 History: 22 SR 2300

129EMISSION F ACILITY 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 ofa national ambient air quality standard in a nonattainment area. Statutory Authority: MSs 116.07 History: 13 SR 2153; 17 SR 350; 18 SR 614

7007.4010 DEFINITIONS. Subpart 1. Scope. The definitions in Code ofFederal 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 ofparts 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 ofFederal 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 ofFederal Regulations, chapter I, title 40, part 51, appendix S, (1990); or B. a stationary source that emits orhas the potential to emit 70 tons ormore peryear ofPM10 and that is located or that will locate in an area classified as "serious" under United States Code, title 42, section 7513, as amended.

130Subp. 7b. National ambient air quality standards. "National ambient air quality standards" means any air quality standard promulgated in Code ofFederal 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 ofFederal 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 ofa stationary source to emit any ofthe listedpollutants that would equal or exceed any ofthe rates ofemissions in Code ofFederal Regulations, title 40, part 51, Appendix S, Part II.A.10(i), as amended. Any net emissions increase that is considered significant forvolatile organic compounds mustbe considered significant forozone. 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 ofFederal Regulations, title 40, chapter I, section 81.324, as amended. Subp. 20. [Repealed, 28 SR 1482] Statutory Authority: MSs 116.07 History: L 1987 c 186s 15; 13 SR 2153; 17SR 350; 18 SR 614; 28 SR 1482

7007.4020 CONDITIONS FOR PERMIT

. Subpart 1. In general. Unless the requirements ofCode ofFederal Regulations, title 40, chapter I, part 51, appendix S, (1991), as incorporated in subpart 2a, are first satisfied, no

131person shall commence construction, as defined in appendix S, part (II), section (A), ofamajor stationary source or major modification in: A. a nonattainment area; or B. an attainment area orunclassifiable area ifthat major stationary source or major modification would cause or contribute to a violation ofa national ambient air quality standard in a nonattainment area as determinedby the significance levels established in Code ofFederal 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 ofFederal Regulations, title 40, chapter I, part 51, appendix S, (1991), with the following exceptions: A. Code ofFederal 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 ofFederal Regulations, title 40, chapter I, part 51, appendix S, part IV , section A, condition 3, is amended to read: Emission reductions ("of fsets") from existing sources in the same area ofthe proposed
source (whether or not under the same ownership) are required such that there will be reasonable progress toward attainment ofthe applicable NAAQS. Of fsets must be based on actual emissions as defined in Code ofFederal Regulations, title 40, section 51.165(a)(3), as amended. Only intrapollutant emission of fsets will be acceptable (e.g. hydrocarbon increases may not be of fset against SO2 reductions). C. Code ofFederal Regulations, title 40, part 51, appendix S, part IV , section A, condition 3, footnote 7, (1991), does not apply

. D. Code ofFederal Regulations, title 40, part 51, appendix S, part IV , section A, footnote 8, (1991), does not apply

. E. Code ofFederal Regulations, title 40, part 51, appendix S, part IV , section B, (1991), does not apply

. F

. Code ofFederal Regulations, title 40, part 51, appendix S, part IV , section C, (1991), applies except that, consistent with Code ofFederal Regulations, title 40, section 51.165(3)(i)(A), as amended, the of fset baseline shall be the actual emissions ofthe source from which of fset credit is obtained. G. Code ofFederal 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]

132Statutory Authority: MSs 116.07 History: L 1987c 186s 15; 13 SR 2153; 17SR 350; 17SR 3380; 18 SR 614; 23 SR 2224

7007.4030 LIMIT A TION ON USE OF OFFSETS. T o the extent that these parts create a program for the use ofof fsets or allow persons to purchase or obtain of fsets, parts 7007.4000 to 7007.4030 shall not be construed to create a property right that requires compensation from the state should of fsets laterbecome unusable due to a change in an applicable emission limitation or standard ofthe agency

. Statutory Authority: MSs 116.07 History: 13 SR 2153; 17 SR 350; 18 SR 614

7007.5000 BEST A V AILABLE RETROFIT TECHNOLOGY

. Subpart 1. Incorporation by reference. Code ofFederal Regulations, title 40, part 51.301 (Definitions), as amended, is incorporated by reference. Appendix Y (Guidelines for BestA vailable Retrofit T echnology (BAR T) Determinations Underthe Regional Haze Rule) of Code ofFederal Regulations, title 40, part 51, as amended, is incorporatedby reference. Subp. 2. BAR T determination. The owner or operator ofa stationary source shall submit a best available retrofit technology (BAR T) analysis to the commissioner ifthe commissioner determines the stationary source is subject to BAR T according to Code of Federal Regulations, title 40, part 51, Appendix Y (Guidelines for BAR T Determinations Under the Regional Haze Rule). The owner or operator shall prepare the BAR T analysis according to section IV ofAppendix Y ofCode ofFederal Regulations, title 40, part 51, as directed by the commissioner

. The owner or operator ofa stationary source shall submit the BAR T analysis 180 days afterreceipt ofwritten notificationby the commissionerthat a BAR T analysis is required. The commissioner shall make the BAR T determination according to Appendix Y ofCode ofFederal Regulations, title 40, part 51. Subp. 3. BAR T implementation. The owner ofeach BAR T -eligible source subject to BAR T shall install and operate BAR T no later than five years after the United States Environmental Protection Agency approval ofMinnesota's regional haze state implementation plan. The owner or operator ofeach source subject to BAR T shall operate and maintain the control equipment or work practices required by this part and shall establish procedures to
ensure such equipment or workpractices are properly operated and maintained. Statutory Authority: MSs 116.07 History: 32 SR 904

133CHAPTER 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

17008.0200 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.

2Subp. 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

3insignificant 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

6part 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

77008.4110 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

8CHAPTER 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.

1Statutory 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

27009.0050 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

3Sulfide 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

4per 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
5micrograms 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

6meter

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;

7per 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.

8Subp. 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.

9Subp. 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

10owner 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/m3 1600 μg/m3 2100 μg/m3 2620 μg/m3

Part. 24 hr. avg. 375 μg/m3 625 μg/m3 875 μg/m3 1000 μg/m3

CO 15 ppm 30 ppm 40 ppm 50 ppm

118 hr. avg. 17 mg/m3 34 mg/m3 46 mg/m3 57.5 mg/m3

NO2 150 ppb 300 ppb 400 ppb 500 ppb 24 hr. avg. 282 μg/m3 565 μg/m3 750 μg/m3 938 μg/m3

NO2 600 ppb 1200 ppb 1600 ppb 2000 ppb 1 hr. avg. 1130 μg/m3 2260 μg/m3 3000 μg/m3 3750 μg/m3

Ozone 200 ppb 400 ppb 500 ppb 600 ppb 1 hr. avg. 400 μg/m3 800 μg/m3 1000 μg/m3 1200 μg/m3

SO2 x Part. μg/m3 x μg/m3 24 hr. x 24 hr. 65 x 103 261 x 103 393 x 103 490 x 103 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.

12c. 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.

13b. 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.

14b. 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.

15b. 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.

16b. 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.

17b. 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.

182. 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

191. 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

20CHAPTER 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.

1INDUSTRIAL-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.

2BULK 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.

37011.1305 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.

4SECONDARY 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.

5METALLIC 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.

67011.3505 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.

77011.7670 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.

87011.9926 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.
9Statutory 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.

10Subp. 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:

11A. 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.

12CONTROL EQUIPMENT EFFICIENCY - TABLE A ID# CONTROL EQUIPMENT DESCRIPTION POLLUTANT CONTROL EFFICIENCY

TOTALENCLOSURE 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%

13010, 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%

14058 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

15019, 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

16Table 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, D
e/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.

17Hoods 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

187011.0075 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;

19F. 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

20or 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

21018 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

22517 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.
23Statutory 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.

24The 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/m3 to an annual ambient particulate matter standard violation and less than five μg/m3 to 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] 257011.0320 [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.

26Subp. 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 SO2 standard for liquid fossil fuels expressed in lbs per million Btu (nanograms/joule); and b is the allowable SO2 standard for solid fossil fuels expressed in lbs per million Btu (nanograms/joule).

27B. 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 NO
x standard for liquid fossil fuels expressed in lbs per million Btu (nanograms/joule); b is the allowable NO
x standard for solid fossil fuels expressed in lbs per million Btu (nanograms/joule); and c is the allowable NO
x standard 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

28History: 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

297011.0530 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 NO
x; 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:

3020.90 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/106 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/106 Btu); (c) for liquid fossil fuels including crude, residual, and distillate oils, F = 2.476 x 10-7 dscm/J (9220 dscf/106 Btu); and (d) for gaseous fossil fuels including natural gas, propane, and butane, F = 2.347 x 10-7 dscm/J (8740 dscf/106 Btu). (2) An owner or operator may use the following equation to determine an F factor (dscf/106 Btu):

106[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
31of 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; F2 = the value of F for liquid fossil fuels according to item D or E; and F3 = 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:

Et E = __ Z
where: E = pollutant emissions, in nanograms/joule (lb/million Btu); Et = 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

32100 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

337011.0545 TABLE I: EXISTING INDIRECT HEATING EQUIPMENT.

Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614

347011.0550 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.

35Subpart 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

36DIRECT 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.
37Subp. 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;

38y 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 SO2 standard for liquid fossil fuels expressed in lbs per million Btu (g/million cal); and b is the allowable SO2 standard 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

39gases 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.

40Subp. 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/104 cal (101.4 dscf/104 Btu); (b) for subbituminous and bituminous coal according to A.S.T.M. D388-66, F = 0.01103 dscm/104 cal (98.2 dscf/104 Btu); (c) for liquid fossil fuels including crude, residual, and distillate oils, F = 0.01036 dscm/104 cal (92.2 dscf/104 Btu); and (d) for gaseous fossil fuels including natural gas, propane, and butane, F = 0.00982 dscm/104 cal (87.4 dscf/10 4 BTU). (2) An owner or operator may use the following equation to determine an F factor (dscf/104 Btu):

1063.64(%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; F2 = the value of F for liquid fossil fuels according to item D or E; F3 = 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

42weight 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

437011.0705 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.

44Subpart 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.

45Subp. 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

467011.0730 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 = 3.59P0.62

< 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 = 17.31P0.16 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. 47Source Gas Volume, DSCFMa Concentration GR/DSCFb 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

481,000,000
or more 0.020

aDry standard cubic feet per minute

bGrains 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.

49Statutory 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.

50Subp. 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]
517011.0865 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

52HOT 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
53Center 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)

547011.0910 [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 that55total 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

56equipment 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 577011.0922, 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

58016 "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

59equipment 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

60percent 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.

61Subp. 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.

62Subp. 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;
63C. 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

64Facility 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.
65Subp. 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

66devices, 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

677011.1110 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.

68C. 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

69shutdown 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

70waste 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 106 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 106 Btu/hr or more and less than 93.75 x 106 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 106 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 106 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 106 Btu/hr or more and less than 93.75 x 106 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 106 Btu/hr or more and less than 15 x 106 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 106 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.

71Subp. 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

72classification. 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

73means 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.

74Subp. 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]

757011.1204 [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]

767011.1300 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 CO2 if 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 CO2 if 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 CO2 if 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

116exceedance 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

1177011.1320 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 Rdv (metric units: mg dry sludge/liter sludge charged or English units: lb/ft3) or Rdm (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 Rdv or Rdm:

118(1) If the volume of sludge charged is used:

RdvS
v Sd = (60 x 10-3) _________ (Metric Units) T

or

RdvS
v Sd = (8.021) __________ (English Units) T
where: Sd = average dry sludge charging rate during the run, kg/hr (English units: lb/hr); Rdv = average quantity of dry sludge per unit volume of sludge charged to the incinerator, mg/1 (English units: lb/ft3); 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, ft3-min/gal-hr. (2) If the mass of sludge charged is used:

RdmS
m Sd = (60) _______ (Metric or English Units) T
where: Sd = average dry sludge charging rate during the run, kg/hr (English units: lb/hr); Rdm = 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 = C
sQ3 (metric or English units) where: C
aw = Particulate matter mass emissions, mg/hr (English units: lb/hr).

119C
s = Particulate matter concentration, mg/m3 (English units: lb/dscf). Q
s = Volumetric stack gas flow rate, dscm/hr (English units: dscf/hr). Q
s and 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 Cds = (10-3) _____ (Metric Units) Sd

or

C
aw Cds = (2000) __ (English Units) Sd where: Cds = 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.

120Subp. 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.

121Subp. 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.

122Subp. 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 SO2 to the atmosphere if it is shown to the satisfaction of the commissioner that this prevents SO2 emissions 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

1247011.1415 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. 125The 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;

126C. 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 SO2 concentration. The sampling site for determining SO2 concentration by Method 6 shall be the same as for determining volumetric flow rate by Method 2. The sampling point in the duct for determining SO2 concentration by Method 6 shall be at the centroid of the cross section if the cross sectional area is less than 5 m2 (54 ft2) or at a point no closer to the walls than 1 meter (39 inches) if the cross sectional area is 5 m2 or 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:

127Rc = 0.2982 Q
re (%CO2 + %CO) + 2.088 Q
ra - 0.0994 Q
re (%CO/2 + %CO2 + %O2) (metric units) Rc = 0.0186 Q
re (%CO2 + %CO) + 0.1303 Q
ra - 0.0062 Q
re (%CO/2 + CO2 + O2) (English units)

Rc = 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-ft3; Q
re = 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-ft3; Q
ra = 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-ft3

. Subp. 7. Particulate emissions. Particulate emissions shall be determined by the following equation: Re = (60x10-6) Q
rvC
x (metric units); or Re = (8.57x10-3) Q
rvC
s (English units) where: Re = 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; Q
rv = 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:

128Re Rs = 1000 ___ (Metric or English Units) Rc where: Rs = 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); Re = particulate emission rate, kg/hr (lb/hr); Rc = 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 Ra = 1.0 + ______ R
a = 10.0 + ______ (Metric Units) Rc Rc or 0.10 H 0.4 H Ra = 1.0 + ______ R
a = 10.0 + _____ (English Units) Rc Rc where: Ra = 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;

1290.4 = 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); Rc = 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.

130Subp. 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

131in 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. 133Statutory 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

134acid, 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

135Pollution 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 SO2 and 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

136shall 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, Q
s x c = lb/hr (kg/hr), where Q
s = 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

1377011.1705 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.

138For 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: Q
s x c = lb/hr (kg/hr) where Q
s = volumetric flow rate of the effluent in dscf/hr (dscm/hr), as determined in accordance with part 7011.1720, item B, and c = NO2 concentration 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 1412IRON 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]

1457011.2220 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 1237CHAPTER 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.

1Subpart 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.

2Subp. 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

37017.1004 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";

4B. 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 5History: 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.

6Subp. 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

8appropriate 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

9History: 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
11be 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

12document 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.

13Subp. 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.

14If 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 157017.1190 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;

16C. 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

177017.1220 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

18of 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

197017.2010 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 partas 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
21performance 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

22D. 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 23any 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;

24(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 at25all 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

26a 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

27between 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

31facility 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

32Where: 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

33particulate 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.

34D. 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

35CHAPTER 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

3responsible 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

47019.3010 [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

5record 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 (S02 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

67019.3040 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.

7B. 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.

8C = 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
9balance 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

11CHAPTER 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

17023.0110 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