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Minnesota Pollution Control Agency

520 LafayeneRoad North I 5t.Paul, Minnesota 55155-4194 I 651-296~300

800-657-3864 I 651-282-5332 TTY I www.pca.state.mn.usIEqual Opportunity Employer

May 23,2011

RECEIVEr,

Ms. Susan Hedman

Regional Administrator

U.S. Environmental Protection Agency

Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

MAY 26 2011

- OFfiCE OF REGlOt.vcLADMtr~w. MI';,

RE: Minnesota's 110(a) State Implementation Plan Requirements for the 2006 National Ambient Air

Quality Standard for particulate matter less than 2.5 microns in diameter (PM2.s)

Dear Ms. Hedman:

This letter is to certify that Minnesota's State Implementation Plan (SIP) currently meets the

infrastructure requirements of sections 110(a)(1) and (2) of the Clean Air Act in regards to the

particulate matter less than 2.5 microns (PM2.s) in diameter National Ambient Air Quality Standard

(NMQS) promulgated in 2006.

The Minnesota Pollution Control Agency (MPCA) has, in prior submittals, documented its authority and

ability to provide for the implementation, maintenance and enforcement of primary and secondary

standards, as well as to adopt enforceable emission limitations and control measures to meet the

primary and secondary standards, and to update both state rules and the SIP as necessary.

The Minnesota statute that lays out the powers and duties of the MPCA (Minn. Stat. § 116.07) states,

"The agency shall also adopt standards of air quality[.]"

It goes on to give the agency the authority to:

"[A]dopt, amend, and rescind rules and standards having the force of law relating to any

purpose...for the prevention, abatement, or control of air pollution."

This statute also gives the agency the authority to enter into or enforce orders, schedules of compliance

and stipulation agreements, to require owners or operators of emission facilities to install and operate

monitoring equipment and to conduct tests, and to conduct investigations, issue notices and order

hearings as it deems necessary to discharge its duties.
S. Hedman

May 23,2011

Page Two

Minn. Stat. § 116.072, authorizes the agency to issue orders and assess administrative penalties to

correct violations ofthe agency's statutes, rules and permits. The statute authorizes administrative

penalties up to a maximum of $10,000 for all violations identified during an inspection or compliance

review.

Minn. Stat. § 115.071, sUbd. 1 provides that violations of the agency's statutes, rules, standards, orders,

stipulation agreements, schedules of compliance and permits may be remedied with criminal

prosecution, action to recover civil penalties, injunction, action to compel performance or other

appropriate action or any combination of the above. Civil penalties may be recovered up to a maximum

or $10,000 per day of violation, except that for violations related to hazardous waste, the daily

maximum is $25,000 per day of violation.

Minnesota's SIP-approved air quality rules are implemented through these statutory authorities and

broadly cover the criteria pollutants: "sulfur dioxide, particulate matter, nitrogen oxides, carbon

monoxide, ozone, lead, and any other pollutants for which national ambient air quality standards have

been established" and prohibit emissions that cause or contribute to a violation of any ambient air

quality standard.

The table enclosed on the following pages lays out each requirement of Section 110(a)(2) and describes

how Minnesota's rules implement and fulfill these requirements. All the applicable rules are

incorporated into Minnesota's SIP, or were submitted for such incorporation in a SIP revision request of

May 2008.

Through our discussions with your office, we believe this letter meets our requirements as described in

the Guidance ofSIP Elements Required UnderSections 110(a)(1) and (2)for the 2006 24-Hour Fine

Particle (PM2.

S) National Ambient Air Quality Standards (NAAQS) , issued on September 25, 2009. Please

contact Catherine Neuschler of our staff at 651-757-2607 if you have any questions regarding

Minnesota's SIP.

Pk,~ Paul W. Aasen

Commissioner

PA/CN:jab

Enclosure

cc: Andy Chang, EPA Region 5 (AR-18J)
110(a)(2)

Section 110(a)(2) Requirement Matching Language In State Rules

(A) Nlnclude enforceable emission limitations and other control Minn. Stat. § 116.07, subd. 4 gives the MPCA the authority to "[A)dopt, amend, and

measures, means, or techniques, as well as schedules and timetables rescind rules and standards having the force of law relating to any purpose for the

for compliance, as may be necessary or appropriate to meet the prevention, abatement, or control of air pollution." Minn. Stat. § 116.07, subd. 4a gives

applicable requirements of this Act." the MPCA authority to "issue permits, under such conditions as it may prescribe for the

prevention of pollution, for the emission of air contaminants, or for the installation or

operation of any emission facility, air contaminant treatment facility, treatment facility,

potential air contaminant storage facility, or storage facility". Minn. R. 7009.0020

prohibits emissions that cause or contribute to a violation of any ambient air quality

standard. MPCA has worked with U.S. Environmental Prevention Agency (EPA) to use

Administrative Orders or permit conditions in non-attainment SIPs to ensure the NMQS

are maintained.

(8) "Provide for establishment and operation of appropriate devices, Minnesota has a network of ambient air quality monitors that operate to meet the

methods, systems, and procedures necessary to monitor, compile, requirements of 40 CFR pt. 58. The MPCA's recent Annual Air Monitoring Network Plans

and analyze data on ambient air quality." can be found at: http://www.pca.state.mn.us/mvri439. MPCA may also require

owners/operators to establish and maintain records, submit reports, install and operate

monitoring equipment or methods, conduct tests and provide other information the

agency may reasonably require. Minn. Stat. § 116.07, subd. 9.

(C) "Include a program to provide for the enforcement of the measures Minn. R. ch. 7007 contains the requirements ofthe MPCA's permitting program, through

described in subparagraph (A), and regulation of the modification which enforceable emission limitations are placed on facilities. Any NMQS is an

and construction of any stationary source within the areas covered applicable requirement for stationary sources. Minnesota is under a Federal

by the plan as necessary to assure that national ambient air quality Implementation Plan (FIP) for the PSO permitting program. In addition, the MPCA has the

standards are achieved, including a permit program as required in authority to issue enforceable orders to ensure attainment of the NMQS, as

parts C and 0" demonstrated in previous SIP revisions. Minn. R. 7009.0030 and 7009.0040 provide for . enforcement measures. The MPCA may enforce any of its statutes, rules, orders or

agreements through criminal prosecution, action to recover civil penalties, injunction,

action to compel performance, other appropriate action or combination of any of the

above. Minn. Stat. § 115.071.

(0) SIP must contain provisions preventing emissions activity that would The MPCA has developed and submitted a SIP for Regional Haze, and Minnesota is under

contribute to nonattainment of the NMQS by any neighboring State, a FIP for the Reasonably Attributable Visibility rules. Minnesota is delegated authority to

or interfere with measures required by PSO or visibility. administer the PSO program. Minnesota is proposed to be covered under the Clean Air

Transport Rule, which generally addresses interference with attainment or maintenance

of the NMQS in any other State. The MPCA has not been notified by any other States

that they believe Minnesota contributes to nonattainment or interferes with

maintenance in that State.
110(a)(2)

section 110(a)(2) Requirement Matching Language In State Rules

(E) "Provide necessary assurances that the State will have adequate The MPCA's Performance Partnership Grant (PPG) Agreement with the EPA provides the

personnel, funding, and authority under State law to carry out such MPCA's assurances of resources to carry out certain air programs. Information on

implementation plan." MPCA's authorized spending by program, along with program priorities, can be found at

http://www.pca.state.mn.uslisri3d6. A brief overview of MPCA's budget can be found at

http://www.pca.state.mn.us/sbiz3d7.

(F) "Require, as may be prescribed by the Administrator, the installation, Minn. Stat. § 116.07 gives the agency the authority to require owners or operators of

maintenance, and replacement of equipment, and the emission facilities to install and operate monitoring equipment. The MPCA's rules at

implementation of other necessary steps, by owners or operators of Minn. R. 7007.0800, Subp. 4, set forth minimum monitoring requirements that must be

stationary sources to monitor emissions from such sources." included in stationary source permits. Minn. R. Chapter 7017 contains monitoring and

testing requirements, including rules for continuous monitoring.

(G) "Provide for authority comparable to that in section 7603 The MPCA's emergency powers are described in Minn. Stat. § 116.11, which allows the

[emergency powers] and adequate contingency plans to implement MPCA to issue an immediate order to discontinue pollution which results in imminent or

such authority." substantial danger to the public health. Emergency powers are set forth in rule in Minn.

R. 7000.5000 and 7009.1050. Minn. R. 7009.1000 -7009.1110 contain the provisions for

air pollution emergency episodes. Episode levels are established in Minn. R. 7009.1060

for 502, Particulate, CO, N02, Ozone, and 502 x Particulate. The MPCA is currently in the

process of considering changing these levels, such as significant harm levels, to be

consistent with revised NMQS.

The MPCA has appropriate general emergency powers to address PM2.5 episodes.

However, it is not necessary for the MPCA to develop emergency episode plans for any

area of the state. In 2006 through the first half of 2009, there have been no monitored

24-hour PM2.5 levels above 140.4 llg/m3, the level above which air quality is deemed to

be very unhealthy. Based on monitoring, since 2006 the highest 24-hour value recorded

was 57.51lg/m3 (February 24,2008 in St. Cloud).

(H) "Provide for revision of such plan from time to time as may be The MPCA has submitted many updates to the existing SIP in the last several years, and

necessary to take account of revision of such national primary or intends to continue to submit updates as needed in order to ensure changes at existing

secondary ambient air quality standards or the availability of facilities will not jeopardize the NMQS, to comply with new or revised NMQS, or as

improved or more expeditious methods of attaining such standard." requested by EPA. The ability to adopt or rescind rules and standards related to air

pollution is found in Minn. Stat. § 116.07, subd. 4; the authority to issue permits to

regulate air pollution can be found in subd. 4a.
110(a)(2)

section 110(a)(2) Requirement Matching language In State Rules

(J) "Meet the applicable requirements of section 121 (relating to Minn. Stat. § 116B.09 allows any person to intervene in any administrative, licensing or

consultation), section 127 (relating to public notification), and part C other similar proceeding upon submittal of a verified pleading that the proceeding

(relating to prevention of significant deterioration of air quality and involved conduct that has caused or is likely to cause pollution, impairment, or

visibility protection." destruction of the air. The MPCA is also subject to the requirements of Minnesota's

Administrative Procedure Act, in Minn. Stat. ch. 14.

Public notice and comments requirements for permits, which are the most common

enforceable document used in the SIP and maintenance plans, are found in Minn. R.

7007.0850. In addition, the MPCA maintains active consultation with the Federal land

Managers, particularly in regards to sources near Class I areas. The MPCA also consults

with other state air quality agencies through participation in multi-jurisdictional

organizations, including LADCD and CenSARA. For public notification, the MPCA

maintains the Air Quality Index (AQI), and uses the AirNDW EnviroFlash, which provides

daily AQI information to subscribers by email or text message.

Minnesota is under a FIP and has delegated authority to implement the PSD program.

The visibility SIP was submitted at the end of December 2009.

(K) "Provide for the performance of such air quality modeling as the Minn. R. 7007.0500, subp. l(E) allows the MPCA to require any permit applicant to make

Administrator may prescribe for the purpose of predicting the effect a demonstration showing that its emissions do not cause a violation of ambient air

on ambient air quality of any emissions of any air pollutant for which quality standards. This showing is made through air dispersion modeling. In addition,

the Administrator has established a national ambient air quality Minnesota operates a delegated program for PSD, so pre-construction modeling is

standard." conducted in compliance with the federal rules. Air dispersion modeling is provided to

EPA as necessary.

(l) "Require the owner or operator of each major stationary source to Minn. R. ch. 7002 contains the requirements for permitting fees. Two fees are currently

pay to the permitting authority, as a condition of any permit imposed. First, a fee per ton of chargeable pollutants, which includes all pollutants for

required under this Act, a fee sufficient to cover the reasonable costs which a NMQS has been promulgated. Second, the MPCA has recently promulgated air

of reviewing and acting upon any application for such a permit, and permit application fees in Minn. R. ch. 7002.

the reasonable costs of implementing and enforcing the terms and

conditions of any such permit."

(M) "Provide for consultation and participation by political subdivisions Minn. Stat. § 116.05 authorizes cooperation and agreement between the MPCA and

affected by the plan." other state agencies and local governments. The Minnesota Administrative Procedures

Act (Minn. Stat. ch. 14) provides general notice and comment procedures that are

followed during SIP development. In addition, the MPCA ensures that SIP revisions follow

the appropriate requirements of 40 CFR § 51.102, as agreed to by the MPCA and

Region 5.