# • Minnesota Pollution Control Agency

520LafayeneRoad 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 WestJackson Boulevard Chicago, Illinois 60604 

# MAY 26 

# 2011

- OFfiCEOF**REGlOt.vcLADMtr~w.** MI ';,



### RE: Minnesota's 110(a) State Implementation Plan Requirements for the 2006 National Ambient Air Quality Standard for particulate matter lessthan 2.5 microns in diameter (PM2
.

### s )

Dear Ms. Hedman:

This letter isto certifythat Minnesota's State Implementation Plan (SIP) currently meetsthe infrastructure requirements ofsections 110(a)(1) and (2) ofthe Clean AirAct in regards to the particulate matter lessthan 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 forthe 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 outthe powers and duties ofthe MPCA (Minn. Stat. 

### § 116.07) states,

"The agencyshall also adopt standards of air quality[.]"

It goes on to give the agencythe authorityto:
"[A]dopt, amend, and rescind rules and standards having the force of law relating to any purpose

...forthe prevention, abatement, orcontrol ofair pollution."

This statute also gives the agencythe authority to enter into or enforce orders, schedules ofcompliance and stipulation agreements, to require owners or operators ofemission facilities to install and operate monitoring equipment and to conduct tests, and to conduct investigations, issue notices and order hearings as it deems necessaryto discharge its duties.

### S. Hedman May 23,2011 Page Two

Minn. Stat. 

### § 116.072, authorizes the agencyto issue orders and assess administrative penaltiesto correctviolations 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 thatviolations ofthe agency's statutes, rules, standards, orders, stipulation agreements, schedules ofcompliance and permits may be remedied with criminal prosecution, action to recover civil penalties, injunction, action to compel performance orother appropriate action oranycombination ofthe above. Civil penalties may be recovered up to a maximum
or$10,000 per day ofviolation, exceptthatforviolations related to hazardous waste, the daily maximum is $25,000 perdayofviolation.

Minnesota's SIP-approved airquality rules are implemented through these statutoryauthorities and broadly coverthe criteria pollutants: "sulfurdioxide, particulate matter, nitrogen oxides, carbon monoxide, ozone, lead, and any other pollutants forwhich national ambient airqualitystandards have been established" and prohibit emissions that cause orcontribute to aviolation ofanyambient air quality standard.

The table enclosed on the following pages lays out each requirement ofSection 110(a)(2) and describes how Minnesota's rules implement and fulfill these requirements. All the applicable rules are incorporated into Minnesota's SIP, orwere submitted for such incorporation in aSIP revision request of May 2008.
Through ourdiscussions with youroffice, we believe this letter meets our requirements as described in the Guidance of SIPElements Required UnderSections 110(a)(1) and

### (2)for the200624-HourFine Particle (PM 2
.S) 

### NationalAmbientAirQualityStandards (NAAQS) , 

### issued on September25, 2009. Please contact Catherine Neuschlerofourstaffat 651-757-2607 ifyou have anyquestions 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 MPCAthe authorityto "[A)dopt, amend, and measures, means, ortechniques, as well as schedules and timetables rescind rules and standards having the force of law relating to any purpose forthe for compliance, as may be necessary or appropriate to meetthe prevention, abatement, or control ofair pollution." Minn. Stat. 

### § 116.07, subd. 4a gives applicable requirements ofthis Act." the MPCA authority to "issue permits, under such conditions as it may prescribe forthe prevention of pollution, for the emission ofair contaminants, orforthe installation or operation ofany emission facility, aircontaminant treatment facility, treatment facility, potential air contaminant storage facility, or storage facility". Minn. R. 7009.0020 prohibits emissions that cause or contribute to aviolation ofany 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 ofambient air quality monitors that operate to meet the methods, systems, and procedures necessary to monitor, compile, requirements of40 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 forthe enforcement ofthe measures Minn. R. ch. 7007 contains the requirements ofthe MPCA's permitting program, through described in subparagraph (A), and regulation ofthe modification which enforceable emission limitations are placed on facilities. Any NMQS is an and construction ofany stationary source within the areas covered applicable requirement for stationary sources. Minnesota is under a Federal bythe plan as necessaryto 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 ofthe NMQS, as parts Cand 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 ofthe above. Minn. Stat. 

### § 115.071. (0) SIP must contain provisions preventing emissions activitythat would The MPCA has developed and submitted a SIP for Regional Haze, and Minnesota is under contribute to nonattainment ofthe NMQS by any neighboring State, a FIP for the ReasonablyAttributable Visibility rules. Minnesota is delegated authorityto
or interfere with measures required by PSO orvisibility. administerthe PSO program. Minnesota is proposed to be covered underthe Clean Air Transport Rule, which generally addresses interference with attainment or maintenance ofthe 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 lawto 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 briefoverview of MPCA's budget can be found at http://www.pca.state.mn.us/sbiz3d7. (F) "Require, as may be prescribed bythe Administrator, the installation, Minn. Stat. 

### § 116.07 gives the agencythe authorityto 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 ofother 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 MPCAto issue an immediate orderto discontinue pollution which results in imminent or such authority." substantial dangerto 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 ofconsidering 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 necessaryforthe MPCAto develop emergency episode plans for any area ofthe state. In 2006 through the first halfof2009, 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-hourvalue recorded was 57.51lg/m3 (February 24,2008 in St. Cloud). (H) "Provide for revision ofsuch plan from time to time as may be The MPCA has submitted many updatesto the existing SIP in the last several years, and necessaryto take account of revision ofsuch national primary or intends to continue to submit updates as needed in orderto ensure changes at existing secondary ambient air quality standards orthe availability of facilities will notjeopardizethe NMQS, to comply with new or revised NMQS, or as improved or more expeditious methods ofattaining 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 authorityto 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) "Meetthe applicable requirements ofsection 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 othersimilar proceeding upon submittal ofaverified pleading that the proceeding (relating to prevention ofsignificant deterioration ofairquality and involved conduct that has caused or is likelyto cause pollution, impairment, or visibility protection." destruction ofthe 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 MPCAalso consults with otherstate air quality agencies through participation in multi-jurisdictional organizations, including LAD

### CD and CenSARA. For public notification, the MPCA maintains the Air Quality Index (AQI), and uses the AirNDW EnviroFlash, which provides dailyAQI information to subscribers by email ortext message. Minnesota is under a FIP and has delegated authorityto implementthe PSD program. The visibility SIP was submitted atthe end of December 2009. 

### (K) "Provide forthe performance ofsuch air quality modeling as the Minn. R. 7007.0500, subp. l(E) allows the MPCAto require any permit applicantto make Administrator may prescribe forthe purpose ofpredicting the effect a demonstration showing that its emissions do not cause aviolation ofambient air
on ambient air quality ofanyemissions ofany air pollutantforwhich quality standards. This showing is made through air dispersion modeling. In addition, the Administrator has established a national ambient air quality Minnesota operates adelegated 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 ofeach majorstationary source to Minn. R. ch. 7002 contains the requirements for permitting fees. Two fees are currently payto the permitting authority, as a condition ofany permit imposed. First, afee perton ofchargeable pollutants, which includes all pollutants for required underthis Act, afee sufficientto coverthe 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 ofimplementing and enforcing the terms and conditions ofanysuch permit." (M) "Provide for consultation and participation by political subdivisions Minn. Stat. 

### § 116.05 authorizes cooperation and agreement between the MPCA and affected bythe 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 of40 CFR 

### § 51.102, as agreed to bythe MPCAand Region 5.