Omnibus Air Rule - Minnesota Pollution Control Agency · The Omnibus Air rulemaking is part of an ongoing effort to maintain and improve the MPCA’s existing rules. This rulemaking

This file contains documents relevant to the Omnibus Air Rules.

aq-rule4-06b

AGENDA STAKEHOLDER INFORMATION MEETING

PRELIMINARY DRAFT OF THE OMNIBUS AIR RULES Date/Time: September 10, 2014, 1:00 p.m. – 4:00 p.m.

Location: MPCA Citizens’ Board Room, MPCA Office, St. Paul, and WebEx

Meeting Objective: Share preliminary draft rule language and clarify intent of rules so that stakeholders are able to provide:

· Verbal input at the meeting · Written informal comments through October 1, 2014

1:00 Welcome and Introductions – Mary H Lynn

· Meeting objectives · Meeting logistics and format

1:05 Purpose of Rulemaking – Mary Jean Fenske · Purpose of rulemaking · Background on rules

1:15 Overview of Rule Revision Process – Mary H Lynn · Rule process · Rule schedule

1:20

1:50

2:10

2:20

3:00

3:35

3:40

Discussion and Walk Through Preliminary Draft Rules Questions and stakeholder input by rule topic/chapter:

· Permits and Offsets (chapter 7007) – Sarah Sevcik · Exempt Air Emissions (chapter 7008) – Sarah Sevcik · Ambient Air Quality Standards (chapter 7009) – Amanda Smith

Break

· Liquid Fuel Sulfur Content (chapter 7011) – Amanda Smith · Hot-Mix Asphalt Plants (chapter 7011) – Amanda Smith · Definitions (chapter 7005) – Andy Place · Performance Testing (chapters 7011 and 7017) – Andy Place · Noise Rules (chapter 7030) – Amanda Smith

Questions on rule parts not specifically covered.

3:55 Next Steps – Mary H Lynn 4:00 Adjourn

HOW TO SUBMIT WRITTEN COMMENTS ON THE PRELIMINARY DRAFT OMNIBUS AIR RULES: After the September 10, 2014, meeting, stakeholders may submit any additional written comment on the preliminary draft rules through October 1, 2014, to [email protected] Please identify the rule parts you are commenting on, explain why you agree or disagree, suggest alternatives or provide examples if possible to illustrate your ideas. Please note that we are gathering input informally at this point and will not be responding in writing to comments received.

mailto:[email protected]

Omnibus Air Rules – Preliminary Draft Overview Revisions to air quality rules, Minnesota Rules Chapters 7002, 7005, 7007, 7008, 7009, 7011, 7017, 7019, and 7030

This document is a summary of the rule changes the MPCA is considering for the Omnibus Air rulemaking. This documents’ purpose is to assist the reader in understanding the proposed changes and the reason for the changes. At this stage of the rulemaking process, we are sharing some preliminary draft rule language with this summary document so that interested persons are able to provide informal comments on the rules.

Purpose of rulemaking: The Omnibus Air rulemaking is part of an ongoing effort to maintain and improve the MPCA’s existing rules. This rulemaking has the overall purpose of keeping the air quality rules current, removing redundant rule language and clarifying ambiguous language, correcting gaps or errors identified while administering the rules, and ensuring consistency with applicable federal and state regulations. Some specific changes include:

· Revisions to the standards of performance for sulfur dioxide (SO2) to ensure compliance with the new federal ambient standards for SO2. The intent is to simplify regulated parties’ demonstration of compliance with the new federal ambient standards and to allow for enforceable emission limitations to be easily applied to multiple sources, rather than on a permit-by-permit basis.

· Revisions to various rule chapters to provide consistency and clarity and ease overall understanding of the rules. This includes revisions related to: the 2009 federal Flexible Air Permitting Rule and the state Permitting Efficiency Laws of 2011 and 2012; condensables and the types of particulate matter (PM) in various rule parts; ambient air standards to match current federal standards; performance standards during periods of startup, shutdown, malfunction; and emission inventory.

· Revisions to address inadequacies in Minn. R. 7011.1415 as described in 78 Federal Register 12518 (February 22, 2013) to meet Clean Air Act (CAA) requirements. Rule revisions would eliminate the exemption from the standards of performance and address these federal requirements.

Content of preliminary draft Omnibus Air Rules:

Below is a summary of the rule changes the MPCA is considering for this rulemaking. Please note that the draft rule language is preliminary, that all the proposed changes described below may or may not occur, and that any additional changes not described in this document would generally conform to the purpose of this rulemaking. The preliminary draft Omnibus Air Rules are not final language and it is the MPCA’s intent to seek formal comments from stakeholders during the formal public comment period on the proposed rules.

1) Air quality permit application fees and additional fees (Minn. R. ch. 7002)

Proposed Change Rule Part Reason for Change

1. Delete the reference to CAIR and insert a reference to the interstate transport language in the CAA.

7002.0019 subp.2D

· Existing rule includes additional points for CAIR, which was vacated by the courts. Clarify that additional points are applied for permit application review related to federal regulations for interstate transport of pollutants under the CAA as applicable.

2) Definitions (Minn. R. ch. 7005)


2. Add new definitions for:

· condensable particulate matter

· filterable particulate matter

· total particulate matter

7005.0100 · Existing rule causes confusion between 7011 and 7017.

· Provide clarification that total particulate matter means the same as PM.

· Provide definition of the various types of PM (filterable, organic condensable, inorganic condensable) that will be used for the standards of a stationary source.

3. Update definition of VOC. 7005.0100 · Provide consistency with federal definition.

Preliminary Draft Omnibus Air Rules August 26, 2014 Page 1

3) Permits and Flexible Air Permitting Rule (Minn. R. ch. 7007)


4. Incorporate EPA’s 2009 Flexible Air Permitting Rule.

7007.0100 subp.7a, 7007.0500 subp.2k, and 7007.0800 subp.1k

· Ensure consistency with 40 CFR Part 70 permitting rules. · EPA’s Flexible Air Permitting Rule is designed to allow for greater

flexibility in operations at a facility while ensuring equal or greater environmental protection.

· Each of these rule parts have been updated with language that matches 40 CFR Part 70. MPCA has already been incorporating alternative operating scenarios and applicable replicable methodologies in permits.

· MPCA does not anticipate any changes to processing permit applications or issuing permits based on this rule change.

4) Permit Processes and Administrative Amendments (Minn. R. ch. 7007) Revisions to chapter 7007 are needed to conform to new statutory requirements for completeness determination and permit issuance, and to create a simple process for revising non-substantive permit information, such as facility description. Revisions are also needed to reflect changes to some permit application requirements. These changes are a result of the administrative processes the MPCA implemented to meet the 150-day permit issuance goal established by the Permitting Efficiency Law of 2011 and Laws of Minnesota 2012.


5. Delete language related to biogenic carbon dioxide exclusion.

7007.0325 · The federal biogenic deferral which allowed the exclusion of biogenic carbon dioxide emissions expired on July 21, 2014.

6. Delete transition language relating to 1990 CAA establishment of the operating permits program.

7007.0350 subp.1, items C, D and F

· Deadlines have passed and the options under these items are no longer available.

7. Document calculations of emissions increases for determining amendment type.

7007.0500 subp.2(11), and 7007.1200

· Change requires permit amendment applicants to provide calculations in order for MPCA to verify that the correct amendment process is being used.

8. Application certification and standardization of notice.

7007.0500 subp.3, 7007.1150, and 7007.1350

· Certifying the notice helps to ensure the information submitted is at the same level as a permit application. When information is required to be submitted through notifications, it is attached to the existing permit and incorporated into the next permit action.

· Using standardized forms will help to ensure that all necessary information is available to incorporate the notice information at the next permit action, without requiring additional effort by the Permittee.

9. Revise application submittal requirements.

7007.0600, 7007.0650

· Add reference to applicable rule. · Revised rule headings better reflect rule content. · Provide for electronic application. · Draft rule language still in development; MPCA wants flexibility to

allow for EPA approved electronic signature or paper signature as applicable.

10. Revise two-stage issuance process.

7007.0750 subp.7

· Minnesota has a combined operating and construction permit program. Under the CAA, certain construction activities can be authorized prior to issuance of the operating permit



requirements. Clarify that the permit or permit amendment is authorizing construction, rather than the 40 CFR Part 70 operating elements of the permit authorizing construction.

· Align state rules with 40 CFR Part 70 rules. · This rule change does not change the two-stage issuance process

in Minnesota. Permittees will not see a change in implementation of the rule.

11. Revise emission limitations and standards.

7007.0800 · Align state rules with 40 CFR Part 70 program.

12. Revise EPA review. 7007.0950 · Align state rules with 40 CFR Part 70 program. · The concurrent review process in Minnesota rule does not meet

the requirements under 40 CFR Part 70, where EPA review starts after completion of the public comment period. Change will make public comment period and EPA 45-day review sequential rather than concurrent.

· MPCA and EPA are developing an agreement under which the MPCA will continue using a shortened EPA review period to maintain streamlined procedures for the public comment and EPA review periods. MPCA anticipates only minor changes to the public comment and EPA review period procedures currently in place.

13. Revise permit issuance and denial.

7007.1000 · Clarify the preconditions for issuance must be met before the MPCA issues a permit.

14. Revise to allow for changes at facilities with general permits.

7007.1100 subp.1 and 11

· Clarify that if a stationary source with a general permit makes a change and the facility still qualifies for the same general permit, then a permit amendment is not needed. If the general permit is for specific portions of the stationary source, the change may alter the applicability of the general permit. Change is to align with the original intent of the rule.

· To date, MPCA has only offered general permits applicable to an entire stationary source.

15. Provide process for changes rendering a source ineligible for their general permit.

7007.1100 subp.9 and 10

· Describe the steps for obtaining an appropriate permit when a change results in ineligibility for a general permit.

· Draft rule language reflects similar language in the registration permit rules.

16. Add notification requirements for allowed NSPS changes at a capped permit facility.

7007.1142 · Fill a gap in the capped permit rule. Change requires a capped permit holder to provide certain information to the MPCA if a change at the facility triggers an allowed NSPS. Change is to align with the original intent of the rule.

· Draft rule language reflects similar language in the registration permit rules.

17. Revise replacement of control equipment language. Change “removal” efficiency to “control” efficiency.

7007.1150 and 7011.0065

· Clarify how the control equipment rule may be used under this part; the notification process allowed under 7007.1150 is often incorrectly applied by Permittees.

· Clarify that the control equipment rule may be used to qualify for a notification under 7007.1150; this is a new item added to 7011.0065.

· The term “control efficiency” is replacing “removal efficiency”



because “control efficiency” is the term defined in the control equipment rules (7011.0060-0080), referenced at 7007.1150.

18. Revise insignificant activities list.

7007.1300 · Clarify that MPCA may request emissions calculations for subp.2 insignificant activities if needed to determine applicability of state and federal air requirements (see change at 7007.0500).

· MPCA has identified cases where the activity “equipment venting particulate matter inside a building” under D(3) may have significant emissions (greater than 50 tons per year) and should not be in the subp.2 list (insignificant activities not required to be listed). This insignificant activity is being moved from subp.2 to subp.3 (insignificant activities required to be listed) so the equipment must be included in the permit application and can be reviewed by MPCA.

· Revised rule heading at subp.3(B) better reflects rule content. · Applicants have misinterpreted subp.4 to include Part 70

reissuance applications and amendment applications. Clarify subp.4 which only applies to initial Part 70 permit applications, as a means of streamlining the initial permit process.

· Methyl ethyl ketone is no longer a hazardous air pollutant (HAP) and will be deleted from subp.5 list of HAPs.

19. Revise procedure for changes contravening permit terms.

7007.1350 · In order for MPCA to verify that the proposed change is authorized, application information is required with submittal of notice in a format specified by the Commissioner.

20. Require application for administrative permit amendments.

7007.1400 subp.1 and 2, and 7007.0600

· Changes allow for expeditious completeness review by MPCA. Use of standard format helps to ensure the necessary information is provided to allow efficient review and issuance of amendments. Change is due to recent state statutory requirements for application completeness review; administrative amendments applications will be submitted on forms.

21. Delete several items from the list of allowable changes under the administrative amendment process: · change in reference test

method

· incorporation of NESHAP · reduce PAL due to NESHAP

reductions in emissions

· waste combustor operating conditions

Add extension for PSD construction deadline as an allowable change under administrative amendment process.

7007.1400 subp.1 and 2

· Align with Part 70 permitting rules at 40 CFR 70.7; remove subp.1; items D(2), D(3), F and K from the rule. Change is needed to ensure Minnesota can operate an approved Title V program.

· To be consistent with all applications, administrative amendment applications will require certifications.

· Reference to 7007.1400 added to 7007.0600 to indicate that a complete application for an administrative amendment need only include the information related to the proposed amendment.

22. Revise permit reopening and amendment.

7007.1600 · Clarify that a Permittee submits an amendment application to initiate a reopening related to incorporation of new federal applicable requirements.

· Application is required in order for MPCA to know the new federal



applicable requirements (i.e. a new NESHAP) or compliance method to be used by the Permittee.

23. Miscellaneous minor edits (i.e. change “and” to “or”).

7007.1150 item C(2), 7007.1500 subp.1B

· Make corrections.

5) Exemptions in the Greenhouse Gas Reporting Rule (Minn. R. ch 7008)


24. Change conditionally insignificant VOC usage to conditionally insignificant material usage. Add new definition for:

· material usage · transfer efficiency

7008.0100, 7008.4100

· The conditionally insignificant VOC usage rule was originally meant to allow for small coating operations. However, the analysis for the rule did not account for the PM emissions from coating operations. Because PM was not accounted for in the rule, the PM emissions often precluded small spray coating operations from qualifying as conditionally insignificant under this part.

· Activities that previously qualified under this subpart will continue to qualify.

· Change will allow small coating operations to qualify as conditionally insignificant.

· Change sets up emission limits for VOC, PM, PM10 and PM2.5 emissions along with monitoring and recordkeeping to ensure the conditionally insignificant material usage activity continues to qualify.

25. Revise requirements for conditionally insignificant PM, PM10 and PM2.5 emitting operations.

7008.4110 · PM2.5 is a regulated pollutant and is being added to ensure these activities can continue to qualify as insignificant activities.

· In order for MPCA to verify that operations qualify as insignificant, monitoring and recordkeeping requirements are added.

26. Add new conditionally insignificant activity for refrigerant leakage. Add new definition for:

· refrigerant · refrigerant leakage · air cooling system

7008.0100, 7008.4120

· Considering need for this change for permit applicability. · Due to the regulation of greenhouse gas emissions, it is possible

that certain Option B and Option C registration permit holders may no longer qualify for their current permit. Adding this conditionally insignificant activity would allow these registration permit holders to continue to qualify for their permit.

6) National Ambient Air Quality Standards or NAAQS (Minn. R. ch. 7009)

Revisions to chapter 7009 are needed to clarify the applicability of NAAQS, to update state standards to align with current federal standards, and to make the definition of ambient air consistent with federal definition.


27. Add or revise definitions. 7009.0010 · The MPCA is considering whether new or revised definitions are needed for clarification and to ensure consistent interpretation.

28. Revise prohibited emissions by deleting “trespassers” from categories exempted from “general public”.

7009.0020 · Consistent with the federal definition of ambient air.

29. Delete time of compliance. 7009.0070 · Compliance date is no longer relevant, rule part is obsolete.

30. Revise state ambient air quality 7009.0080 · Align state ambient air quality standards with federal standards



standards. for criteria pollutants; to reflect revisions to NAAQS. · Improve clarity in rule format. · Secondary total suspended particulate standard remains to

control nuisance dust emissions. · Retaining state H2S standard.

31. Revise definition of alert level, revise Table 1.

7009.1010, 7009.1060

· Clarify alert level is different from Air Quality Index alert levels. · Revise table to match federal levels.

7) Fuel Sulfur Content (Minn. R. ch. 7011) The intent of these revisions is to simplify regulated parties’ demonstration of compliance with the new federal ambient standards by more easily applying enforceable emission limitations to all sources through the rule, rather than at each source on a permit-by-permit basis. The EPA recently promulgated a revised ambient standard for SO2. This federal standard is an applicable requirement for regulated parties. Making this change in rule, rather than on a permit-by- permit basis is expected to result in cost savings for both the regulated parties and the MPCA. This rule change will reflect current fuel-use practices at the vast majority of Minnesota’s businesses and industry by reflecting the use of ultra low sulfur diesel fuel, now widely available in Minnesota. It is not the MPCA’s intent to ban higher-sulfur fuels for the minority of facilities that still use it: this rule change aims to allow higher-sulfur fuel use through a permit when the facility can demonstrate compliance with the NAAQS.


32. Indirect heating equipment (boilers):

· revisions to lower SO2

emissions limit for liquid fuels

· delete differing emission limits based on total rated capacity of boilers at facility

· delete references to Mpls/St Paul, Duluth AQCD

· provide methods of complying with new rule

7011.0500 to 7011.0554

· Ultra-low sulfur fuel is widely available; lower allowable liquid fuel sulfur content to reflect availability of ultra-low sulfur fuel.

· Make it easier for facilities to demonstrate compliance. Lower SO2

emission limit will aid facilities in demonstrating attainment of more stringent one-hour SO2 NAAQS because allowable SO2

emissions rate is lower.

· PM and NOX emission limits for indirect heating equipment are not changing; they are just being moved and consolidated for clarity.

· It is the MPCA’s understanding that fuels are certified to a given sulfur level and that using this certification would be the easiest way to demonstrate compliance with the new fuel sulfur content rule. (NOTE: the MPCA welcomes thoughts on preferred methods of demonstrating compliance.)

33. Direct heating equipment (furnaces):

· revisions to lower SO2

emissions limit for liquid fuels

7011.0600 to 7011.0615

· Same as above.

34. Stationary engines:

· lower SO2 emissions limit to 0.0015 pounds per million Btu

7011.2300 to 7011.2303

· Same as above.

35. Hot mix asphalt plants:

· maintain 0.70% sulfur- content limit, eliminate self-assessment of NAAQS compliance for higher

7011.0903 to 7011.0913

· Same as above. · The SCREEN3 model is no longer supported by EPA. · Allow plants to use higher-sulfur fuel if they can demonstrate

compliance with the NAAQS through modeling and a permit modification.


Proposed Change Rule Part Reason for Change sulfur fuels

· Delete reference to SCREEN3 model

8) Performance Testing (Minn. R. chs. 7011 and 7017)


36. Revise to add “condensables,” “including organic condensables,”and “filterable,” when referring to particulate matter.

7011.0510, 7011.0515, 7011.0610, 7011.0710, 7011.0715, 7011.1105, 7011.1115, 7011.1227, 7011.1265, 7011.1305, 7011.1310, 701.1320, 7011.1405, 7011.1410, 7011.1905, 7011.1910, 7011.2005, 7011.2010

· Clarify which type of PM is considered by each stationary source limit.

· Existing rule causes confusion between 7011 and 7017.

37. Revise performance test procedures. State when Method 202 is to be used in conjunction with Method 5 for determining PM.

7011.0515, 7011.0535, 7011.0615, 7011.0620, 7011.0720, 7011.0725, 7011.1130, 7011.1135, 7011.1265

· Outline test methodology to be consistent with types of PM used for stationary source limit.

· Performance test procedures required by 7017 may differ from those required to demonstrate compliance with the stationary source standards since test results are used for purposes other than compliance demonstration. These include emissions inventory, modeling, and developing emissions standards.

· Existing rule is duplicative and contradictory.

· Identify when Method 202 is required for condensable particulate testing based on limit.

· Instructions in 7011.0535 subp.3 on recovery of a sample are not needed; including Method 202 makes them obsolete.

38. Add new definitions for:

· grace period · quality assurance

operating quarter · stack operating hour · unit operating hour

7017.1002 · Align state rules with federal rules.

· Alleviate the obligation of facilities to start-up a unit and increase emissions to complete an audit for an emission unit that otherwise would not be operating.

39. Revise report submittal format, delete reference to microfiche deadline, correct address.

7017.1080, 7017.1120, 7017.2018, 7017.2035

· Allow for electronic or other future means of a submittal. · Microfiche reference is outdated. · MPCA address for submittal is incorrect.

40. Excess Emission Report contents will include summary of audit results and notifications of exclusions of

7017.1110 · Facilitate better communication of activities related to CEMS/COMS through the routine Excess Emission Report.

· In order for MPCA to determine completion of report



applicability. requirements.

41. Revise QA/QC requirements. Adjust exclusion of applicability language and addition of a clause allowing for alternative monitoring plans on a case by case basis.

7017.1170, 7017.1210

· Clarify that all applicable requirements must be met. · Provide means for setting requirements when applicable rules

may be contradictory, duplicative, or confusing.

· Provide a set of standards that both the facility and MPCA agree upon in order to ensure proper monitor operation.

· Alleviate the obligation of facilities to start-up a unit and increase emissions to complete an audit for an emission unit that otherwise would not be operating.

42. Delete reference to old dates. 7017.1170, 7017.1210

· Dates have passed and are no longer relevant.

43. Revise instructions for daily calibration of drift assessments.

7017.1170 subp.3

· Accommodate monitors subject to 40 CFR Part 75 and clarify requirements by adding reference to 40 CFR Part 75, appendix B.

44. Revise to allow completion of a RATA in lieu of a CGA.

7017.1170 · A RATA is a more encompassing audit procedure and provides assurance at least as good as that of a CGA.

45. Revise reduced CEMS/COMS audit frequency based on:

· emission units hours of operation

· grace period for start-up or infrequent operation

· RATA results less than 75% the relative accuracy value set in the applicable performance specification

7017.1170, 7017.1210

· Align state rules with standards in federal rules. · Prevent start-up of a unit solely for the purpose of an audit thus

increasing air emissions.

· Provide for a reduced RATA frequency when 20% is not the standard or for low emitting units.

· RATAs will be required every 8 calendar quarters regardless of operation.

· Clarify that all applicable requirements must be met and notification of any reduced frequency must be submitted to the MPCA as part of the Excess Emission Report.

· Facilitate better communication of activities related to CEMS/COMS through the routine Excess Emission Report.

· In order for MPCA to determine completion of requirements.

46. Revise to address emissions calculations during out of control periods.

7017.1170 · Clarify that data recorded during out of control periods is not valid. Out of control periods are defined in 7017.

47. Correct inaccurate reference.

7017.1210 · Reference to 40 Part 60.13(d)(2) is inaccurate; reference should be Part 60.13(d).

48. Revise specification language for calibration attenuators.

7017.1210 · Provide consistency with federal rules.

49. Delete transition to new rule.

7017.2001 subp.2

· Requirements are obsolete.

50. Revise to clarify pollution control equipment limits may be set based on performance tests.

7017.2025 · Explain the MPCA has the ability to adjust pollution control equipment limits as well as throughput operating limits based on performance test operating rates.

51. Revise to clarify stipulations related to extension of a retest.

7017.2025 · Explain that an extension does not alleviate the facility of the responsibility of completing the retest.

52. Revise to allow enforcement 7017.2025 · Under some circumstances, MPCA may find it preferable to



options in lieu of requiring shutdown.

pursue other enforcement options rather than require unit shut down after a second test failure.

53. Revise spelling of “condensible”, change to “condensable.”

7011 and 7017

· Provide consistency with federal standards.

54. Revise to allow adjustment of sampling time and volume.

7017.2060 · If sample time and volume are defined in another rule or set of standards, they can be adjusted to avoid contradictory requirements.

55. Revise PM performance test procedures including:

· reference particulate matter rather than total particulate matter

· incorporate method 202 · specify all particulate

matter testing will include filterable plus condensables

7017.2060 · Replace use of total particulate matter with PM to be consistent with previous changes in the action and federal requirements.

· Existing rule causes confusion between 7011 and 7017. · Clarify PM test should include both filterable plus organic

condensable results regardless of emission limit standard since test results are used for purposes other than compliance demonstration. These include emissions inventory, modeling, and developing emissions standards. Compliance will be determined based on the types of particulate listed in the applicable standard.

· Provide for use of a Method 202 exclusion from completing condensable particulate matter testing.

56. Modify PM10 test procedures to make consistent to changes with PM test procedures.

7017.2060 · Provide consistency to test requirement instruction.

57. Add outline for a standard determination procedure for PM2.5

7017.2060 · A standard test methodology now exists for PM2.5; adding it here will remove uncertainty as to how testing should be completed.

9) Miscellaneous Revisions Related to Performance Standards (Minn. R. ch. 7011)


58. Remove methodology. 7011.0535 · EPA Method 202 provides the standard methodology for this action making 7011.0725 obsolete.

59. Update ID Numbers in the Control Equipment Rule tables.

7011.0070, 7011.0080

· Most of these ID Numbers are based on an EPA numbering system. New numbers used by EPA are being added, as applicable. Numbers that are no longer supported by EPA are being removed.

60. Revise waste combustor operator certification.

7011.1280, 7011.1282

· Clarify timing of certification renewals. · Include provisions or remove barriers in existing rules to allow a

designee to administer operator certification program with Commissioner oversight.

· Address gap in current rule; suggested change aligns with current practice.

61. Delete exemptions from standards for process gas upsets at petroleum refineries

· revise definition for “process gas”

· delete definition of “process upset gas”

7011.1400 subp.11 and 12, 7011.1415

· Exemption for process upset gas release from standards of performance in 7011.1415 is deleted to conform to CAA requirements.

· Definitions revised to remove references to process upset gas as these are no longer needed.

· Revisions needed to address unallowable SIP condition.


10) Emission Inventory (Minn. R. ch. 7019)


62. Add requirements for Registration Option A permits for calculation of actual emissions.

7019.3020 · To specify emission inventory requirements for Registration Option A Permits. This part lists how other registration permits should report their emission inventory but is silent on Option A permits.

11) Noise Rules (Minn. R. ch 7030)


63. Update MPCA address. 7030.0010 · Address where publication is available is incorrect.

64. Revise noise area classifications 7030.0050 · Some NACs are duplicative, contradictory, or confusing.

Acronyms:

· 40 CFR Part 70 — Code of Federal Regulations, title 40, Part 70

· CAA — Clean Air Act · CAIR — Clean Air Interstate Rule · CEM — Continuous Emission Monitor · CEMS — Continuous Emission Monitoring

Systems · CEA — Calibration Error Audit · CFR — Code of Federal Regulations · CGA — Cylinder Gas Audit · CO — Carbon Monoxide · COMS — Continuous Opacity Monitoring

System · EGU — Electric Generating Unit · EPA — U.S. Environmental Protection Agency · HAP — Hazardous Air Pollutant · NAAQS — National Ambient Air Quality

Standard · NAC — Noise Area Classification

· NSR — New Source Review · NSPS — New Source Performance Standard · NESHAP — National Emission Standard for Hazardous Air

Pollutants · NOx — Nitrogen Oxide · PAL — Plantwide Applicability Limit · PM — Particulate Matter · PSD — Prevention of Significant Deterioration · QA/QC — Quality Assurance and Quality Control · RATA — Relative Accuracy Test Audits · SIP — State Implementation Plan · SO2 — Sulfur Dioxide · TITLE V — Clean Air Act Amendments of 1990, Title V · VOC — Volatile Organic Compound


Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 The preliminary draft Omnibus Air Rules are not final language. The draft rule language is preliminary; all changes to the rules identified in this document may or may not occur. Additional changes not included in this document may also be made as the rule is being developed.

CHAPTER 7002, PERMIT FEES 7002.0019 AIR QUALITY PERMIT APPLICATION FEES AND ADDITONAL FEES.

Subp. . Additional points. The points assessed for activities designated in this subpart shall be multiplied by the dollar per point value as determined in part 7002.0018 to calculate the additional fee.

Activity Points

D. Clean Air Interstate Rule (CAIR) Section 110(a)(2)(D)(i)(I) of the act review /Part 75 continuous emission monitoring analysis. Points shall be applied for a review of any standard or other requirement of the regulations related to interstate transport of pollutants established under , section 110(a)(2)(D)(i)(I) of the act. 10

CHAPTER 7005, DEFINITIONS AND ABBREVIATIONS 7005.0100 DEFINITIONS.

Subp. Condensable particulate matter. “Condensable particulate matter” means material that is in vapor phase at stack conditions and upon discharge immediately condenses in the ambient air to form solid or liquid particulate

Subp. Filterable particulate matter. “Filterable particulate matter” means material collected up to and on the filter media of the sample train employed by a test method in 40 CFR Part 60 Appendix A or any approved alternative or equivalent test method.

Subp. Total particulate matter. “Total particulate matter” means particulate matter as defined in this part unless otherwise defined in rule or compliance document.

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:

BB. perfluorocarbon compounds which fall into these classes:

(4) sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine;

HH. 1,1,1,3,4-pentafluoropentane1,1,2,3-pentafluoropropane (HFC-245eb);

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

TT. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane;

UU. 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane;

VV. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

WW. methyl formate (HCOOCH3);

XX. 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);

YY. propylene carbonate;

ZZ. dimethyl carbonate;

AAA. trans -1,3,3,3-tetrafluoropropene;

BBB. HCF2 OCF2 H (HFE-134);

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014

CCC. HCF2 OCF2 OCF2 H (HFE-236cal2);

DDD. HCF2 OCF2 CF2 OCF2 H (HFE-338pcc13);

EEE. HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));

CHAPTER 7007, PERMITS AND OFFSETS AIR EMISSION PERMITS

7007.0100 DEFINITIONS.

Subp. Alternative operating scenario. “Alternative operating scenario” means a scenario authorized in a part 70 permit that involves a change at the part 70 source for a particular emissions unit, and that either results in the unit being subject to one or more applicable requirements which differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change.

Subp. 7. Applicable requirement. "Applicable requirement" means all the following as they apply to emissions units in a stationary source (including requirements that have been promulgated or approved by the EPA or the commissioner through rulemaking at the time of issuance but have future effective compliance dates):

W. any standard or other requirement of the federal Clean Air Interstate Rule or a regulation adopted under it the federal Clean Air Act or regulations adopted under it that regulate interstate transport of pollutants to prevent significant contribution to nonattainment or interference with maintenance of attainment in another state as contemplated by section 110(a)(2)(D)(i)(I) of the act.

Subp. Approved replicable methodology. “Approved replicable methodology” means part 70 permit terms that:

A. specify a protocol which is consistent with and implements an applicable requirement, or requirement of this chapter, such that the protocol is based on sound scientific and/or mathematical principles and provides reproducible results using the same inputs; and

B. require the results of that protocol to be recorded and used for assuring compliance with such applicable requirement, any other applicable requirement implicated by implementation of the approved replicable methodology, or requirement of this part, including where an approved replicable methodology is used for determining applicability of a specific requirement to a particular change.

7007.0325 BIOGENIC CARBON DIOXIDE EXCLUSION FROM APPLICABILITY THRESHOLDS.

Subpart 1. Biogenic carbon dioxide exclusion. To calculate the potential to emit GHGs as CO2e for the purpose of determining the applicability of new source review/prevention of significant deterioration (NSR/PSD) and part 70 requirements, biogenic carbon dioxide shall not be included in the total amount of GHGs as CO2e until the date on which biogenic carbon dioxide emissions must be included under federal law. Biogenic carbon dioxide emissions are carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or microorganisms, including products, by-products, residues, and waste from agriculture, forestry, and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material.

Subp. 2. Additional exclusions. Until the date on which biogenic carbon dioxide emissions must be included under federal law in determining either the applicability of new source review/prevention of significant deterioration or part 70 requirements, biogenic carbon dioxide emissions are also excluded from:

A. emissions-increase calculations under parts 7007.0100, subpart 14, and 7007.1200, subpart 2 or 3;

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B. recordkeeping for GHGs as CO2e for stationary sources that are covered by general permits (part 7007.1100), registration permits (parts 7007.1110 to 7007.1130), and capped permits (parts 7007.1140 to 7007.1147); and

C. compliance reporting for registration permits under part 7019.3020, items B, C, and D, and for capped permits under part 7019.3020, item E.

7007.0350 EXISTING SOURCE APPLICATION DEADLINES AND SOURCE OPERATION DURING TRANSITION.

Subpart 1. Transition applications under this part; deadline based on SIC code. Initial permit applications under parts 7007.0100 to 7007.1850 for an emission unit, emission facility, or stationary source in operation on October 18, 1993, shall be considered timely if they meet the requirements of this part.

A. Owners and operators of an existing stationary source with a Standard Industrial Classification (SIC) Code number in the left column of the following table shall submit a permit application by the corresponding date in the right column:

Category SIC Code Range Application Deadline

A 0000 to 2399, excluding 1422, 1423, 1429 1442, 1446, 2041, and 2048

January 15, 1995

B 2400 to 2999 and 4953, excluding 2951 and 2952 April 15, 199

C 3000 to 4499 June 15, 1995

D 4500 to 5099, excluding 4953 September 15, 1995

E 5100 to 8199 December 15, 1995

F 8200 to 9999, including 1422, 1423, 1429, 1442, 1446, 2041, 2048, 2951, and 2952

February 15, 1996

B. If more than one SIC code describes activities at the stationary source, the SIC code that represents the primary type of activity of the stationary source shall be used. If no single SIC code represents the primary type of activity of the stationary source, the lowest SIC code that describes activities at the stationary source shall be used.

C. If a single owner or operator is responsible for filing applications for three or more stationary sources under this subpart, the owner or operator may request the agency to allow it to submit one or more of its applications according to a subsequent deadline of this subpart. Such a request shall be made by the owner or operator in writing no later than 60 days before the application deadline which the applicant is seeking to postpone. The agency shall approve in writing such requests if they more evenly distribute the owner's or operator's stationary sources among the application deadlines in item A.

D. An application date for a stationary source or group of stationary sources may be deferred by the commissioner under the following circumstances: a source or sources will soon be subject to a new federal requirement that will affect the source's application or the commissioner finds that it will reduce the agency's administrative burden by deferring the application deadline for sources required to obtain a state permit. The application dates for sources required to submit a part 70 permit application shall be deferred to a date no later than one year after the administrator grants part 70 program approval to Minnesota, and the application dates for sources required to submit a state permit application may not be deferred more than two years after EPA program approval. The source or sources are required to submit the permit application by the new date specified by the commissioner under this item.

E. The owners and operators of a stationary source must comply with the applicable deadline in this part, even though the stationary source may be operating under a permit issued by the agency under

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 parts 7001.1200 to 7001.1220 (the permit rules in effect before October 18, 1993), and the permit is not due to expire until after the applicable deadline in this part. If a stationary source is operating under a permit issued by the agency under parts 7001.1200 to 7001.1220, and the permit expires after October 18, 1993, but before the applicable deadline, the owners and operators need not reapply before expiration of the permit, but shall comply with the applicable deadline in this part.

F. Except as provided in subitems (1) and (2), the agency waives its authority to take enforcement action against the owner or operator of a stationary source for failure to obtain a permit authorizing operation under parts 7001.1200 to 7001.1220, if the owners and operators file a timely and complete permit application under this part. This waiver does not apply to:

(1) an owner's or operator's failure to obtain a permit required under the federal preconstruction review programs of part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act, or regulations promulgated under them; or

(2) an owner's or operator's failure to obtain an amendment under parts 7001.1200 to

7001.1220 for modifications to a stationary source for which a permit had been obtained under those parts.

Subp. 4. Preservation of enforcement authority. The agency reserves its authority to take enforcement action against any source that violated the permitting requirements of parts 7001.1200 to 7001.1220 prior to their repeal or that violates any permit issued under those parts, except as provided under subpart 1, item E. Nothing in parts 7007.0100 to 7007.1850 shall be read to limit the administrator's authority to enforce parts 7001.1200 to 7001.1220 prior to their repeal or permits issued under those parts.

7007.0500 CONTENT OF PERMIT APPLICATION.

Subp. 2. Information included. Applicants shall submit the following information as required by the standard application form:

B. A description of the stationary source's processes and products (by Standard Industrial Classification Code or SIC Code) including any associated with each alternate alternative operating scenario identified by the stationary source.

C. The following emissions-related information:

(1) A permit application shall provide the information required by this part for every emissions unit within the stationary source, except as provided otherwise in subitems (2) to (112). Notwithstanding the first sentence, if a stationary source is not a major source and the sole reason it is required to have a permit is because it is subject to federal standards described under part 7007.0250, subpart 2, then the application need only provide information for the emissions units regulated by those federal standards. All permit applications shall include information about fugitive emissions in the same manner as stack emissions, regardless of whether the stationary source category in question is included in the list of stationary sources contained in the definition of major source in part 7007.0200, subpart 2.

(2) The application need not include the information required by this part for any activity listed on the insignificant activities list in part 7007.1300 or for conditionally insignificant activities, except as provided in this subitem. The application shall include a list identifying any activity at the stationary source described in subparts 3 and 4 of the insignificant activities list and conditionally insignificant activities. If requested by the agency, the permittee shall provide a calculation of emissions from any activity described in subparts 2, 3 and 4 of the insignificant activities list and conditionally insignificant activities. The agency shall request such a calculation if it finds that the emissions from those activities, in addition to other emissions from the stationary source, could make the stationary source subject to different applicable requirements under parts 7007.0100 to 7007.1850.

(11) permit application for an amendment must include all calculations of emissions changes

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 required under part 7007.1200.

(112) A permit application must explain the means by which the emissions information in subitems (1) to (101) is gathered, and provide the calculations on which they are based.

H. The applicant may request the agency to allow in the permit alternate operating scenarios. If such a request is made, the application shall provide all the information required by this part for each proposed scenario. This option is only available under the conditions in part 7007.0800, subpart 11.

K. For part 70 permit applications only, a compliance plan that contains the following:

(3a) For applicable requirements associated with a proposed alternative operating scenario, a statement that the source will meet such requirements upon implementation of the alternative operating scenario. If a proposed alternative operating scenario would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.

(4) For applicable requirements, including applicable requirements associated with a proposed alternative operating scenario, for which the stationary source is not in compliance at the time of application submittal, a proposed schedule of compliance. Such a schedule shall include a date specific schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance in the shortest reasonable period of time. The proposed schedule of compliance shall begin at the time of permit application, but the applicant may project its compliance status at the time the permit is expected to be issued. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree, stipulation agreement, or administrative order to which the stationary source is subject. The compliance schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

Subp. 3. Application certification. A responsible official, as defined in part 7007.0100, subpart 21, shall sign and certify any application, notice, report, or compliance certification submitted pursuant to parts 7007.0100 to 7007.1850 with regard to truth, accuracy, and completeness. This certification and any other certification required by parts 7007.0100 to 7007.1850 shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. This subpart shall be complied with by both the owner and the operator of the stationary source if they are not the same.

7007.0600 COMPLETE APPLICATION AND SUPPLEMENTAL INFORMATION REQUIREMENTS.

Subpart 1. Complete application. To be deemed complete, an application must provide all information required by part 7007.0500, except that an application for a permit amendment under parts 7007.1400, 7007.1450 and 7007.1500 need supply information only if it is related to the proposed amendment. Information required under part 7007.0500 must be sufficient to evaluate the subject stationary source and its application and to determine all applicable requirements. The application shall also contain a certification from a responsible official consistent with part 7007.0500, subpart 3.

7007.0650 WHO RECEIVES AN APPLICATION SUBMITTAL.

Subpart 1. Application submittal Who receives an application. Permit applicants shall submit two printed copies of the complete application and all supplemental information requested by the agency to the information coordinator, Air Quality Division, Minnesota Pollution Control Agency address specified by the commissioner. Upon request of the commissioner, the applicant shall submit additional copies of the application directly to the administrator, affected states, and other governmental entities with the legal right to review the application, or submit additional copies to the agency to be forwarded to these parties.

Subp. 2. Computerized Electronic application submittal. Applicants may in addition submit applications in computer-readable an electronic format specified by the agency which may be through submission of a floppy disk or through electronic data submittal. If the information is submitted in a

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 computer-readable electronic format, the agency may allow the applicant to submit applicant may submit fewer printed copies than required in subpart 1, however the applicant must submit at least one paper copy of the application certification required by part 7007.0500, subpart 3, shall always be required to be provided on paper which must include an original signature of the responsible official,

7007.0750 APPLICATION PRIORITY AND ISSUANCE TIMELINES.

Subp. 7. Two-stage issuance of part 70 permits and part 70 permit amendments authorizing construction or modification.

A. If a part 70 permit or part 70 permit amendment:

(1) is authorizing construction or modification;

(2) includes the requirements of a part 70 permit;

(3) is required to follow the 45-day EPA review period under part 7007.0950; and

(4) is subject to includes:

(a) the requirements of a new source review program under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements for Nonattainment Areas) of the act; or

(b) would include an enforceable limitation assumed to avoid being subject to a new source review program under part C or D of the act,

the agency shall send the permit to the permittee after all requirements of the new source review program have been satisfied or after all requirements to avoid applicability of new source review have been completed including any required notice and comment period. The agency shall at the same time notify the permittee in writing that those permit conditions required by the new source review program or developed to avoid applicability of new source review and designated as such by the agency in the permit or amendment, and only those conditions, shall be considered issued.

7007.0800 PERMIT CONTENT.

Subp. 2. Emission limitations and standards. The permit shall:

A. Include emissions limitations, operational requirements, and other provisions needed to ensure compliance with all applicable requirements at the time of permit issuance. For part 70 permits, such requirements and limitations may include approved replicable methodologies identified by the source in its permit application if approved by the commissioner, provided that no approved replicable methodologies shall contravene any terms needed to comply with any applicable requirement or requirement of this part or circumvent any applicable requirement that would apply as a result of implementing the approved replicable method.

B. The permit shall also Iinclude any condition the agency determines to be necessary to protect human health and the environment.

C. The permit shall Sstate that, where another applicable requirement of the act is more stringent than any applicable requirement of regulations promulgated under title IV of the act (Acid Deposition Control), both provisions shall be incorporated into the permit and shall be enforceable by the administrator.

D. Contain provisions, which may include but are not limited to operating parameters or best practices to minimize emissions, to assure continuous compliance with applicable emissions limitations during periods of startup and shutdown of an emissions unit.

Subp. 11. Alternative operating scenarios. Terms and conditions allowing for reasonably anticipated alternative operating scenarios identified by the stationary source in its application. Such terms and conditions shall:

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B. ensure that the operation under each such alternative operating scenario with all applicable requirements and the requirements of parts 7007.0100 to 7007.1850.

7007.0801 CONDITIONS FOR AIR EMISSION PERMITS FOR WASTE COMBUSTORS.

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:

G. include operating conditions that ensure that the facility will continue to emit mercury emissions less than 50 percent of the applicable standard if the waste combustor elects to conduct mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85. If the permit must be amended in order to include these conditions, the procedures of part 7007.1400 shall be used.

Subp. 3. Waste combustors of nonmixed municipal solid waste. An air emissions permit for a waste combustor which does not combust mixed municipal solid waste or refuse-derived fuel shall:

F. include operating conditions that ensure that the facility will continue to emit mercury emissions less than 50 percent of the applicable standard if the waste combustor elects to conduct annual mercury emissions testing as allowed in part 7011.1270 and Minnesota Statutes, section 116.85. If the permit must be amended in order to include these conditions, the procedures of part 7007.1400 shall be used.

7007.0950 EPA REVIEW AND OBJECTION.

B. In the case of a part 70 permit, either:

(1) the draft permit or permit amendment must be provided to the administrator at the beginning of the public comment period, and the proposed permit or permit amendment must be provided to the administrator after the conclusion of public comment; or.

(2) a permit or permit amendment that is identified as both a draft and a proposed permit or permit amendment may be provided to the administrator at the beginning of the public comment period, subject to the limitations of subpart 2. This document shall be clearly identified as a draft/proposed permit or permit amendment. The public notice for the draft/proposed permit or permit amendment shall state that the agency is seeking concurrent review of the permit or permit amendment, and that the 30-day public review period and the 45-day EPA review period will begin at the same time.

Subp. 2. EPA objection.

A. In the case of a part 70 permit, and except as provided in item B, the agency shall not issue a permit or permit amendment if the administrator objects to its issuance in writing within 45 days of receipt of the proposed permit or permit amendment and any necessary supporting information.

B. In the case of a part 70 permit, when the administrator is provided with a draft/proposed permit or permit amendment at the beginning of the public comment period, the agency may issue the permit 45 days after the administrator's receipt of the draft/proposed permit or permit amendment and any necessary supporting information except as provided in subitem (1), (2), or (3).

(1) If the agency makes changes to the draft/proposed permit or permit amendment other than modifications that would meet the requirements for an administrative amendment under part 7007.1400, subpart 1, the agency shall provide a revised proposed permit or permit amendment to the administrator. The agency shall not issue the permit or permit amendment if the administrator objects to its issuance in writing within 45 days of receipt of the revised proposed permit or permit amendment and any necessary supporting information.

(2) If, within 45 days of receipt of the draft/proposed permit or permit amendment the administrator notifies the agency in writing that the administrator seeks additional time for review, the agency shall not issue the permit or permit amendment if the administrator objects to its issuance in writing

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 within 45 days of the conclusion of the public comment period.

(3) If the agency receives from the public any adverse comments on any applicable requirement of the permit during the 30-day comment period, the agency shall provide the comments to the administrator. The agency shall not issue the permit or permit amendment if the administrator objects to its issuance in writing within 45 days of receipt of the comments and, if applicable, the revised proposed permit or permit amendment and any necessary supporting information.

7007.1000 PERMIT ISSUANCE AND DENIAL.

Subpart 1. Preconditions for issuance. The agency shall issues a permit or permit amendment, or reissue a permit only if it determines that all of the following conditions have been met The agency may not issue a permit or permit amendment unless:

A. The agency has received a complete application for a permit, permit amendment, or permit reissuance, except that a complete application need not be received before issuance of a general permit under part 7007.1100, subpart 4.;

B. The agency has complied with the public participation procedures for permit issuance, if required by part 7007.0850.;

C. The agency has complied with the procedures for notifying and responding to affected states, if required by part 7007.0900.;

D. If the administrator's review is required by part 7007.0950, the administrator has received a copy of the permit and any notices required and has not objected to issuance of the permit within the time period specified, or the administrator has objected but the objection has been resolved to the administrator's satisfaction.;

E. The conditions of the permit provide for compliance with all applicable requirements and the requirements of parts 7007.0100 to 7007.1850, or include a schedule to achieve such compliance.;

F. The permit does not reflect a variance from any federally enforceable applicable requirement or requirement of parts 7007.0100 to 7007.1850.;

G. The agency anticipates that the applicant will, with respect to the stationary source and activity to be permitted, comply with all conditions of the permit.; and

H. All applicable provisions of Minnesota Statutes, chapter 116D, and the rules adopted under

Minnesota Statutes, chapter 116D, have been fulfilled.

7007.1100 GENERAL PERMITS.

Subpart 1. Criteria. If the agency determines that numerous similar stationary sources are subject to the same or substantially similar regulatory requirements, the agency may issue a permit required under parts 7007.0200 and 7007.0250 in the form of a general permit applying to multiple sources following the procedures in subparts 2 to 7. The agency may also issue general permits under this part which apply only to specific portions of stationary sources, including air pollution control equipment, if the specific portions are subject to the same or substantially similar regulatory requirements. The agency shall identify in the public notice in subpart 2 whether the general permit applies to a stationary source or to specific portions of a stationary source for the purposes of determining applicability under subpart 11. The agency shall not issue general permits for affected sources under the acid rain program unless general permits are authorized by regulations promulgated under title IV of the act (Acid Deposition Control).

Subp. 9. Changes or modifications rendering stationary source ineligible for its general permit. The owners and operators of a stationary source for which a general permit has been issued must submit a part 70, state, capped, or registration permit application before making a change or modification which results in the stationary source no longer qualifying for a general permit under part 7007.1100. The owner or

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 operator may not begin actual construction on the modification until the required part 70, state, capped, or registration permit for the stationary source is obtained, or an installation and operation permit for the modification is obtained under part 7007.0750, subpart 5.

Subp. 10. Regulatory change rendering stationary source ineligible for its general permit.

A. If a stationary source covered by a general permit becomes subject to a new regulatory requirement that results in the stationary source no longer being able to qualify for or meet the requirements of the general permit, then the owners and operators must:

(1) submit written notification to the commissioner within 30 days of the effective date of a new regulation that results in the stationary source no longer being able to qualify for or meet the requirements of the general permit. The notification must include a description of the regulatory change and a statement of what type of permit application the owners and operators will submit; and

(2) submit either a part 70, state, capped, or registration permit application within 180 days of the effective date of the regulatory change.

B. The owners and operators must submit the required permit application for the appropriate air emission permit within the time limits in item A. If the owners and operators fail to submit the required permit application in the time required, the owners and operators do not hold a valid permit and are in violation of part 7007.0150, subpart 1.

Subp. 11. Parts that do not apply to certain general permits. For general permits that cover an entire stationary source, parts 7007.1150 to 7007.1250 and 7007.1350 to 7007.1500 do not apply.

7007.1120 REGISTRATION PERMIT OPTION B.

Subpart 1. Eligibility. The owners and operators of a stationary source may apply for a registration permit under this part if:

B. the only emissions from the stationary source are from VOC-containing materials, or are from insignificant activities under part 7007.1300, subparts 2 and 3, or are from conditionally insignificant activities meeting the requirements of parts 7008.4000, and 7008.4110, and 7008.4120; and

Subp. 3. Compliance requirements. The owner or operator of a stationary source issued a registration permit under this part shall:

D. have emissions from the stationary source only from VOC-containing materials or from insignificant activities under part 7007.1300, subparts 2 and 3, or from conditionally insignificant activities described in and meeting the requirements of parts 7008.4000, and 7008.4110, and 7008.4120;

7007.1142 CAPPED PERMIT ISSUANCE AND CHANGE OF PERMIT STATUS.

Subp. 1a. Changes or modifications at stationary sources issued capped permits that trigger certain new source performance standards. If a change or modification made at a stationary source issued a capped permit results in the stationary source being subject to a new source performance standard listed under part 7007.1140, subpart 2, item E, or if the change or modification adds an emissions unit subject to the standards listed in part 7007.0300, the owner or operator must submit to the commissioner:

A. the information required by the standard by the time specified in the standard;

B. written notice that contains a description of the change; and

C. a copy of the applicable new source performance standard part, with the applicable portions of the new source performance standard including the applicable parts of Code of Federal Regulations, title 40, part 60, subpart A, General Provisions, or a new source performance standard form provided by the commissioner that identifies applicable portions of the new source performance standard.

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 7007.1150 WHEN A PERMIT AMENDMENT IS REQUIRED.

C. A written notice to the agency shall be sent by any person who, at a permitted stationary source, makes a change that: (i) does not increase emissions of any regulated air pollutant; (ii) does not constitute a title I modification; and (iii) does not constitute any other type of modification, if the change is one of the following:

(1) installing air pollution control equipment;

(2) replacing a unit identified in the permit; and or

(3) replacing air pollution control equipment with listed control equipment, as defined in part 7011.0060, subpart 4 which meets the control equipment efficiencies for listed control equipment in part 7011.0070; and has an equivalent or better removal control efficiency of regulated pollutants previously controlled with the control equipment being replaced.

The written notice must be received by the agency at least seven working days prior to the installation or replacement. The permittee shall submit the notice in a format specified by the commissioner. The notice must include all information needed to determine the applicability of, or to impose, any applicable requirement. The notice shall be certified by a responsible official in the manner provided in part 7007.0500, subpart 3. The permittee and the agency shall attach the notice to the stationary source's permit. If the agency finds that the installation or replacement triggers new monitoring, record keeping, or reporting requirements under applicable requirements or parts 7007.0100 to 7007.1850, the agency shall initiate an amendment under part 7007.1400 or 7007.1500 to include the new requirements. If the installation or replacement constitutes a title I modification or other type of modification, this item does not apply, and the permittee shall follow the applicable procedures of part 7007.1250, 7007.1350, 7007.1450, or 7007.1500. If notice is provided as required by this item, the installation and operation of the additional equipment shall not be considered a violation of the permit.

7007.1200 CALCULATING EMISSION CHANGES FOR PERMIT AMENDMENTS.

Subp. 5. Permit applications and notifications. When this part applies and the permittee determines that a permit amendment or agency notification is required, the permittee must include all calculations required under this part in the permit amendment application or notification.

7007.1300 INSIGNIFICANT ACTIVITIES LIST.

Subp. 2. Insignificant activities not required to be listed. The activities described in this subpart are not required to be listed in a permit application under part 7007.0500, subpart 2, item C, subitem (2). Calculation of emissions from these activities shall be provided if required by the agency under part 7007.0500, subpart 2, item C, subitem (2). If emissions units listed in this subpart are subject to additional requirements under section 114(a)(3) of the act (Monitoring Requirements) or section 112 (Hazardous Air Pollutants), or if part of a Title I modification, or, if accounted for, make a stationary source subject to a part 70 permit, emissions from the emissions units must be provided in the permit application.

D. Processing operations:

(1) closed tumblers used for cleaning or deburring metal products without abrasive blasting;

(2) equipment for washing or drying fabricated glass or metal products, if no VOCs are

used in the process, and no gas, oil, or solid fuel is burned; and

(3) equipment venting particulate matter (PM) or particulate matter less than ten microns (PM-10) inside a building (for example: buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning equipment) provided that emissions from the equipment are:

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(a) is vented inside of the building 100 percent of the time; and

(b) does not use air filtering systems used to control indoor air emissions; and

(4) blast cleaning operations using suspension of abrasive in water.

Subp. 3. Insignificant activities required to be listed. The activities described in this subpart must be listed in a permit application, and calculation of emissions from these activities shall be provided if required by the agency, under part 7007.0500, subpart 2, item C, subitem (2). If emissions units listed in this subpart are subject to additional requirements under section 114(a)(3) of the act (Monitoring Requirements) or section 112 of the act (Hazardous Air Pollutants), or if part of a title I modification, or, if accounted for, make a stationary source subject to a part 70 permit, emissions from the emissions units must be calculated in the permit application.

B. Furnaces and boilers Infrared electric ovens and indirect heating equipment:

(1) infrared electric ovens; and

(2) indirect heating equipment with a capacity less than 420,000 Btu per hour, but only if the total combined capacity of all indirect heating equipment at the stationary source with a capacity less than 420,000 Btu per hour is less than or equal to 1,400,000 Btu per hour. For example: Facility A has three furnaces, 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 1,400,000 Btu per hour. Facility B has six furnaces, each with a capacity of 400,000 Btu per hour. None of the six units is an insignificant activity under this subitem, because their total combined capacity is greater than 1,400,000 Btu per hour. For purposes of this subitem, "indirect heating equipment" has the meaning given under part 7011.0500, subpart 9.

D. Processing operations:

(1) open tumblers with a batch capacity of 1,000 pounds or less; and

(2) equipment venting particulate matter (PM), PM-10 or PM2.5 inside a building (for example: buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning equipment) provided that emissions from the equipment are:

(a) vented inside of the building 100 percent of the time; and

(b) not vented through air filtering systems.

G. Emissions from a laboratory, as defined in this item. “Laboratory” means a place or activity devoted to experimental study or teaching in any science, or to the testing and analysis of drugs, chemicals, chemical compounds or other substances, or similar activities, provided that the activities described in this sentence are conducted on a laboratory scale. Activities are conducted on a laboratory scale if the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. If an emission facility manufactures or produces products for profit in any quantity, it may not be considered to be a laboratory under this item. Support activities necessary to the operation of the laboratory are considered to be part of the laboratory. Support activities do not include the provision of power to the laboratory from sources that provide power to multiple projects or from sources which would otherwise require permitting, such as boilers that provide power to an entire facility.

11


H. Miscellaneous:

(1) equipment used exclusively for packaging lubricants or greases;

(2) equipment used for hydraulic or hydrostatic testing;

(3) brazing, soldering, or welding equipment;

(4) blueprint copiers and photographic processes;

(5) equipment used exclusively for melting or application of wax;

(6) nonasbestos equipment used exclusively for bonding lining to brake shoes; and

(7) cleaning operations: alkaline/phosphate cleaners and associated cleaners., and associated burners

Subp. 4. Insignificant activities required to be listed in a part 70 application. If the owners and operators are applying for a the initial part 70 permit for a stationary source, emissions units with emissions less than all the following limits but not included in subpart 2 must be listed in a the part 70 permit application:

Subp. 5. Hazardous air pollutant threshold table.

\CAS# Chemical Name De Minimus

Level(tons/year)

78933 Methyl ethyl ketone (2-Butanone) 10

7007.1350 CHANGES WHICH CONTRAVENE CERTAIN PERMIT TERMS.

Subp. 2. Procedure. Changes authorized under this part may not be made until seven working days after the air quality division of the agency receives written notice of the change. The permittee shall submit the notice in a format specified by the commissioner. The notice shall include a certification, consistent with part 7007.0500, subpart 3, by a responsible official describing the change to be made, identifying the term of the permit which is being contravened, stating that the change is authorized under this part, and briefly describing how it qualifies under this part. The permittee and the agency shall attach the notice to the stationary source's permit. If the agency finds that the proposed change is not authorized under this part, the agency shall notify the permittee of that finding and, if the proposed change could be made using other procedures, direct the permittee to those procedures.

7007.1400 ADMINISTRATIVE PERMIT AMENDMENTS.

Subpart 1. Administrative amendments allowed. The agency may make the permit amendments described in this subpart through the administrative permit amendment process described in this part. An owner or operator of a stationary source shall request apply for an administrative amendment if changes are to be made under item B or E:

D. an amendment to eliminate monitoring, record keeping, or reporting requirements if:

(1) the requirements are rendered meaningless because the only emissions to which the requirements apply will no longer occur;

(2) the change is to eliminate one validated reference test method for a pollutant and source category in order to add another;

(3) the requirements are redundant to or less strict than other existing requirements;

(4) the requirements are technically incorrect and their elimination does not affect the accuracy of the data generated or of the monitoring information recorded or reported; or

12


(5) the emission unit to which the monitoring, record keeping, or reporting requirement applies no longer exists or has been permanently disabled from use at the stationary source;

F. an amendment to incorporate into a permit the requirements from preconstruction review permits issued by the agency;, incorporate into a permit the requirements from standards adopted under Code of Federal Regulations, title 40, part 63, as amended (National Emission Standards for Hazardous Air Pollutants for Source Categories), or to lower the plantwide emission limits in permits with Plantwide Applicability Limits to reflect the impact of standards adopted under Code of Federal Regulations, title 40, part 63, as amended;

K. an amendment to include operating conditions that ensure that waste combustors emit mercury at less than 50 percent of the applicable standard incorporate the extension of a deadline in a permit for construction authorization established under a new source review program under part C (Prevention of Significant Deterioration of Air Quality) of the act provided the extension of the deadline for construction authorization has been approved prior to the submittal of the administrative amendment application.

Subp. 2. Initiating an administrative amendment. A permittee shall request in writing that the agency make an administrative permit amendment. A formal application complying with the terms of parts 7007.0100 to 7007.1850 is not required. To request an administrative amendment, a permittee shall submit an application in a format specified by the commissioner. The application shall be certified by a responsible official in the manner provided in part 7007.0500, subpart 3. The permittee shall specify the section of the permit that is to be amended, and the reason for the amendment. The agency may also make an administrative amendment upon its own initiative. If an administrative amendment initiated by the agency would impose additional or different requirements on the permittee, the permittee shall be notified of the proposed amendment 30 days prior to its taking effect, unless the permittee consents to less notice. If the permittee objects to the amendment, the amendment shall not be made under this part, but the agency may reopen the permit under parts 7007.1500 and 7007.1600.

7007.1500 MAJOR PERMIT AMENDMENTS.

Subpart 1. Major permit amendment required. A "major permit amendment" is required for any change to permit conditions or any modification at a permitted stationary source that is not allowed under parts 7007.1250 and 7007.1350 and for which an amendment cannot be obtained under the administrative permit amendment provisions of part 7007.1400, or the minor or moderate permit amendment provisions of part 7007.1450. The following always require major permit amendments:

B. any amendment to establish or amend a permit condition that is required to be based on a case-by-case determination of an emission limitation or other requirement, on a source-specific determination of ambient impacts, or on a visibility or increment analysis;

7007.1600 PERMIT REOPENING AND AMENDMENT BY AGENCY.

Subpart 1. Mandatory reopening. The agency shall reopen and amend a permit when:

A. Additional federal applicable requirements become applicable to a stationary source with a remaining permit term of three or more years or with a permit which is nonexpiring. Such a reopening and amendment shall be completed not later than 18 months after promulgation of the federal applicable requirement. An affected permittee shall submit a permit application as required under part 7007.0400, subpart 3 to provide the information needed to issue the amendment. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire.

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CHAPTER 7008, EXEMPT AIR EMISSIONS 7008.0100 DEFINITIONS.

Subp. Air cooling system. “Air cooling system” means, for the purposes of this part, refrigeration equipment such as equipment used in supermarkets, meatpacking plants, and food distribution operations.

Subp. CO2 equivalent emissions. “CO2 equivalent emissions" or "CO2e" has the meaning given under part 7007.0100, subpart 24a.

Subp. Material usage. “Material usage” means all activities at a stationary source where a material such as a paint, adhesive or solvent is applied or used in a way which emits only VOC, HAPs, Particulate Matter, PM-10, and/or PM-2.5. For the purposes of this part, material usage does not include material processes involving grain handling, sanding, milling, materials reacting to form new materials, fuel usage or handling,

Subp. Refrigerant. “Refrigerant” means a substance used to charge an air cooling system or an air conditioner at a stationary source.

Subp. Refrigerant leakage. “Refrigerant leakage” means the emissions resulting from leakage of refrigerants from closed loop cooling systems, such as those used for air cooling systems or air conditioners.

Subp. Transfer efficiency. “Transfer efficiency” means the ratio of the weight of coating solids adhering to an object being coated to the total weight of coating solids used in the application process. Transfer efficiency varies with the type of application technique and may be obtained from the application equipment manufacturer. If the manufacturer provides a range for the transfer efficiency, the owner or operator must use the minimum transfer efficiency for calculating Particulate Matter, PM-10, and PM-2.5 emissions.

7008.4100 CONDITIONALLY INSIGNIFICANT VOC MATERIAL USAGE

Subpart 1. Applicability. This part applies to any stationary source claiming VOC material usage as a conditionally insignificant activity. The owner or operator of the stationary source shall meet the following conditions:

A. All material usage activities at the stationary source must be included in the limits under subpart 2, and

B. If lead is a component of any material usage activity at the source, this part does not apply.

Subp. 2. VOCMaterial usage limits. The owner or operator must meet the limits in both items A and B in order to qualify as a conditionally insignificant activity under this part.

A. The stationary source owner or operator must limit its use of VOC from all material usage activities at the stationary source 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 material usage activities 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.

B. The owner or operator shall limit particulate matter, PM-10, and PM-2.5 emissions to less than 2,000 pounds in each calendar year period calculated according to the method in subpart 5. All PM, PM-10, and PM-2.5 emissions from all material usage activities 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 particulate matter.

Subp. 3. Record keeping. The owner or operator of a stationary source claiming VOC material 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;

14


B. maintain records for each calendar year of the number of gallons of solids-containing materials purchased or used and the maximum solids content of each material;

C. maintain a record of the material safety data sheet (MSDS), or a signed statement from the supplier stating the maximum VOC content and the maximum solids content, for each material;

D. 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

E. if a material usage activity includes spray application of material, maintain information on the type of spray equipment and transfer efficiency; and

F. if requested by the commissioner, calculate and record for any of the previous five calendar years:

(1) The total VOC emissions using the method in subpart 4; (2) The total PM emissions using the method in subpart 5; (3) the sum of the actual number of gallons of VOC purchased or used, the calculation

itself,; and (4) a list of the associated emissions units in which it the material was used.

Subp. 4. Calculating VOC usage emissions. An owner or operator claiming VOC material usage as a conditionally insignificant activity must calculate VOC usage emissions 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.

Subp. 5. Calculating PM, PM10, and PM-2.5 Emissions. An owner or operator claiming material usage as a conditionally insignificant activity must calculate PM, PM-10, and PM-2.5 emissions using one of the methods in item A or B. For material usage activities involving spray application of materials, a transfer efficiency may be applied in the calculation of PM, PM-10, and PM-2.5 emissions.

A. pounds of PM, PM-10, and PM-2.5 emissions per calendar year equals gallons of material purchased or used in a calendar year multiplied by the pounds solids per gallon; or

B. pounds of PM, PM-10, and PM-2.5 emissions per calendar year equals pounds of material purchased or used in a calendar year multiplied by weight percent of solids.

7008.4110 CONDITIONALLY INSIGNIFICANT PM, AND PM10, AND PM-2.5 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) PM-10, or PM-2.5 venting equipment as a conditionally insignificant activity.

Subp. 2. Requirements. Emissions from equipment venting PM, or PM10, or PM-2.5 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.

Subp. 3. Monitoring and record keeping. An owner or operator of a stationary source claiming a PM, PM-10, or PM-2.5 emitting operation as a conditionally insignificant activity shall:

A. operate the air cleaning system as required by manufacturer’s specification and 7008.0200,

15

Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 item D;

B. inspect the air cleaning system as required by manufacturer’s specification; C. maintain the air cleaning system according to the manufacturer’s specifications; and D. maintain a record of inspection, maintenance, and repair activities for the air cleaning

system.

7008.4120 CONDITIONALLY INSIGNIFICANT REFRIGERANT LEAKAGE. Subpart 1. Applicability. This part applies to any stationary source claiming refrigerant leakage as a

conditionally insignificant activity.

Subp. 2. Refrigerant leakage limit. CO2e emissions resulting from refrigerant leakage in all air cooling systems at the stationary source must be 2,000 tons or less in each calendar year period calculated according to the method in subpart 4. All CO2e emissions from all air cooling systems at the stationary source must be accounted for in the calculated annual emissions.

Subp. 3. Recordkeeping. The owner or operator claiming refrigerant leakage as a conditionally insignificant activity must maintain:

A. records for each calendar year of the amount of refrigerant charged to each air cooling system;

B. a record of the refrigerant in each air cooling system and the global warming potential of the refrigerants; and

C. a record of the annual calculations of CO2e emissions as required under subpart 4.

Subp. 4. Calculating CO2e emissions. An owner or operator claiming refrigerant leakage as a conditionally insignificant activity must calculate CO2e emissions for each air cooling system by multiplying the amount of refrigerant charged to the air cooling system per calendar year by the global warming potential of the refrigerant. The owner and operator must then sum all CO2e emissions from all air cooling systems at the stationary source to determine the total refrigerant leakage.

CHAPTER 7009, AMBIENT AIR QUALITY STANDARDS AMBIENT AIR QUALITY STANDARDS


Subpart 1. Scope. For the purpose of parts 7009.0010 to 7009.0080, the following terms have the meanings given them.

Subp. 2. Attainment determination. “Attainment determination” means the method used to evaluate whether an area meets the primary or secondary ambient air quality standard for the pollutant.

Subp. 3. Averaging time. “Averaging time” means the time period specified in part 7009.0080 over which air pollution concentration data are averaged in preparation for comparison to the ambient air quality standard. The average is calculated by summing all data points for the time period and dividing by the number of data points.

Subp. 24. Primary ambient air quality standards; primary standards. "Primary ambient air quality standards" or "primary standards" mean levels established by the U.S. Environmental Protection Agency or the State of Minnesota 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. 35. Secondary ambient air quality standards; secondary standards. "Secondary ambient air quality standards" or "secondary standards" mean levels established by the U.S. Environmental Protection Agency or the State of Minnesota 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

16



Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 and nuisance of persons, or hazards to air and ground transportation.

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.

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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.

7009.0080 STATE AMBIENT AIR QUALITY STANDARDS.

The following table contains the state ambient air quality standards.

Air Pollutant/Air Contaminant

Primary Standard

Secondary Standard

Averaging Time

Attainment Determination

Remarks

Hydrogen Sulfide

0.05 ppm by volume (70.0 micrograms per cubic meter)

30-minutes Annual 3rd-high 30-minute average does not exceed standard

1/2 hour average not to be exceeded over 2 times per year

0.03 ppm by volume (42.0 micrograms per cubic meter)

30-minutes 30-minute average does not exceed standard more than twice in 5-consecutive days

1/2 hour average not to be exceeded over 2 times in any 5 consecutive days

Ozone 0.0875 ppmb by volume (235150 micrograms per cubic meter)

same as primary standard

8-hour 3-year average of the annual 4th-high daily maximum 8-hour concentration does not exceed standard

daily maximum 8 hour average; the standard is attained when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to the standard

Carbon Monoxide

9 ppm by volume (10 milligrams per cubic meter)


8-hour Annual 2nd-high 8-hour concentration does not exceed standard

maximum 8 hour concentration not to be exceeded more than once per year

30 35 ppm by volume (35 40 milligrams per cubic meter)




Sulfur Dioxide 30 ppb by volume (80 micrograms per cubic meter) (0.03 ppm by volume)

60 micrograms per cubic meter (0.02 ppm by volume)

Annual average

Annual average concentration does not exceed standard

maximum annual arithmetic mean

140 ppb (365 micrograms per cubic meter) (0.14 ppm by


24-Hour Annual 2nd-high 24-hour concentration does not exceed standard


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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 Air Pollutant/Air Contaminant

Primary Standard

Secondary Standard

Averaging Time


Remarks

volume)


maximum 3 hour concentration not to be exceeded more than once per year in Air Quality Control Regions 127, 129, 130, and 132


maximum 3 hour concentration not to be exceeded more than once per year in Air Quality Control Regions 128, 131, and 133


500 ppb by volume (1300 micrograms per cubic meter)

3-hour Annual 2nd-high 3-hour concentration does not exceed the standard




75 ppb (196 micrograms per cubic meter)

1-hour 3-year average of the annual 99th-percentile daily maximum 1-hour concentration does not exceed standard

Particulate Matter Total Suspended Particulate Matter

75 micrograms per cubic meter


Annual average


maximum annual geometric mean





Nitrogen Dioxide

0.05 53 ppmb by volume (100 micrograms per cubic meter)


Annual average


maximum annual arithmetic mean

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 Air Pollutant/Air Contaminant

Primary Standard

Secondary Standard

Averaging Time


Remarks

100 ppb by volume (188 micrograms per cubic meter)

1-hour 3-year average of the annual 98th-percentile daily maximum 1-hour concentration does not exceed standard

Lead 1.5 0.15 micrograms per cubic meter


Rolling 3-month average

Maximum 3-month rolling average from 3-consecutive years does not exceed the standard

maximum arithmetic mean averaged over a calendar quarter

PM-10 150 micrograms per cubic meter


24-hour 3-year average of the annual 2nd-high concentration does not exceed the standard; if monitoring is less than daily, results above the standard are proportionally extrapolated to estimate calendar year exceedances

maximum 24-hour average concentration; the standard is attained when the expected number of days per calendar year exceeding the value of the standard is equal to or less than one



annual arithmetic mean; the standard is attained when the expected annual arithmetic mean concentration is less than or equal to the value of the standard

PM-2.5 65 35 micrograms per cubic meter


24-hour 3-year average of the annual 98th-percentile 24-hour concentration does not exceed the standard

24-hour average concentration; the standard is attained when the 98th percentile 24-hour concentration is less than or equal to the standard

15.0 12.0 micrograms per cubic meter

same as primary standard 15.0 micrograms per cubic meter

Annual average

3-year average of the annual quarterly-weighted average does not exceed the standard

annual arithmetic mean; the standard is attained when the annual arithmetic mean concentration is less than or equal to the standard

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2

AIR POLLUTION EPISODES


Subp. 3a. Air Quality Index Air Alert. A public notification when measured or forecasted air pollution levels are expected to reach a level that may contribute to adverse health effects for populations that are sensitive to air pollution.

Subp. 3b. 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. This alert level is distinct from the concentration levels for an Air Quality Index Air Alert.

7009.1060 TABLE 1.

Alert Warning Emergency Significant 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. PM-10 24 hr. avg.

375350 µg/m3 625420 µg/m3 875500 µg/m3 1000600 µg/m3

CO 15 ppm 30 ppm 40 ppm 50 ppm

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

4 hr. avg. 1 hr. avg. NO2

150 ppb 300 ppb 400 ppb 500 ppb

86.3 mg/m3 75 ppm

144 mg/m3 125 ppm


NO2 600 ppb 1200 ppb 1600 ppb 2000 ppb


Ozone 200 ppb 400 ppb 500 ppb 600 ppb

1 hr. avg 2 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

CHAPTER 7011, STANDARDS FOR STATIONARY SOURCES CONTROL EQUIPMENT


Subp. Coal. "Coal" means any solid fossil fuel described as anthracite, bituminous, subbituminous, lignite, or coke (as derived from coal).

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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:

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; or

F. determine that a change qualifies as a notification under part 7007.1150, item C(3).

7011.0070 LISTED CONTROL EQUIPMENT AND CONTROL EQUIPMENT EFFICIENCIES.

CONTROL EQUIPMENT EFFICIENCY - TABLE A

ID# CONTROL EQUIPMENT DESCRIPTION

POLLUTANT CONTROL EFFICIENCY

TOTAL ENCLO- SURE

HOOD: CERTI- FIED

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 PM 90% 72% 54% efficiency means: a cyclonic device

with parameters stated in drawing 1 and table 1

PM-10 78% 62% 46%

008 Centrifugal Collector PM 80% 64% 48% (cyclone)-medium efficiency means:

a cyclonic device with parameters stated in drawing 1 and table 1

PM-10 60% 48% 36%

009 Centrifugal Collector (cyclone)-low PM 25% 20% 15% efficiency means: a cyclonic device

with parameters stated in drawing 1 and table 1

PM-10 25% 20% 15%

076 Multiple Cyclone without Fly Ash PM 90% 72% 54% Reinjection means: a cyclonic

device with more than one tube where fly ash is not reinjected

PM-10 72% 58% 43%

057, Wet Cyclone Separator or Cyclonic PM, 84% 68% 51% 085 Scrubbers means: a cyclonic device

that sprays water into a cyclone PM-10

22


010, PM CONTROL CATEGORY- 011, ELECTROSTATIC 012, PRECIPITATORS means: a 128, control device in which the 146 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 PM 98% 78% 59% applications PM-10 94% 75% 56% PM CONTROL CATEGORY -

OTHER CONTROLS

016, Fabric Filter means: a control

PM 99% 79% 59% 017, in which the incoming gas stream PM-10 93% 74% 56% 018 passes through a porous fabric

filter forming a dust cake

052 Spray Tower means: a control PM 85% 68% 51% device in which the incoming gas

stream passes through a chamber in which it contacts a liquid spray

PM-10 84% 68% 51%

053 Venturi Scrubber means: a control PM 94% 76% 57% device in which the incoming gas

stream passes through a venturi into which a low pressure liquid is introduced

PM-10 84% 68% 51%

055 Impingement Plate Scrubber

PM 77% 62% 46% a control device in which the

incoming gas stream passes a liquid spray and is then directed at high velocity into a plate

PM-10 77% 62% 46%

056, Mechanically Aided Separator PM 64% 52% 39% 113 means: a device that relies on

inertia for separating particles from a gas stream

PM-10 5% 4% 3%

23


058 0 Wall or Panel Filter means: a PM 85% 68% 51% 086 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-10 85% 68% 51%

101 HEPA Filter or ULPA Filter

PM 99.98% 80% 60% a high efficiency wall or panel

filter designed for collection of submicron particles

PM-10 99.98% 80% 60%

503 Charged Scrubber means: a control

PM 94% 76% 57%

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

PM-10 84% 68% 51%

517 Condensation Scrubber means:

PM 94% 76% 57% 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-10 84% 68% 51%

24


Table A - Section 2 - Equipment Designed for VOC Control (includes efficiencies for pollutants where there is a co-benefit of control)

019

VOC CONTROL CATEGORY

Catalytic Afterburners (catalytic

VOC

94%

76%

57% 020, oxidation) means: a device used to PM 62% 50% 37% 109, reduce VOC's to the products of PM-10 62% 50% 38% 116, combustion through catalytic (use of CO 94% 76% 57% 509 a catalyst) oxidation in a combustion chamber 021, Thermal Afterburners (thermal VOC 97% 78% 58% 022, oxidation) means: a device used PM 62% 50% 37% 131, to reduce VOC's to the products PM-10 62% 50% 37% 133, of combustion through thermal CO 97% 78% 58% 510 (high temperature) oxidation in a

combustion chamber

023 Flaring or Direct Combustor VOC 98% 79% 59% means: a device in which air, PM 61% 50% 37% combustible organic waste gases, PM-10 61% 50% 37% and supplementary fuel (if needed)

react in the flame zone (e.g., at the flare tip) to destroy the VOC's

CO 98% 79% 59%

25


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, Electrostatic precipitator Voltage, secondary current, Continuous readout of 146 and, if used, conditioning

agent flow rate 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

26


018 Fabric filter (bag house), Pressure drop or visible Record pressure drop every

low temperature (T<180°F) 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

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

517 Condensation scrubber Pressure drop and

either steam supply rate or blowdown rate

Record each parameter every 24 hours if in operation

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 INDIRECT HEATING FOSSIL-FUEL-BURNING EQUIPMENT


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).

7011.0505 DETERMINATION OF APPLICABLE STANDARDS OF PERFORMANCE.

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. 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.

7011.0510 STANDARDS OF PERFORMANCE FOR EXISTING INDIRECT HEATING EQUIPMENT.

Subpart 1. Particulate matter and sulfur dioxide. No later than <January 31, 2017,> owners or operators of existing indirect heating equipment shall cause not allow any gases that contain particulate matter excluding condensables or sulfur dioxide in excess of the standards of performance below 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 unless the agency has established an alternative emissions limit in an air emission permit that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080:

A. Particulate matter excluding condensables, all fuels, 0.4 lb/mmbtu B. Sulfur dioxide from solid fossil fuels, 1.2 pounds per million btu heat input C. Sulfur dioxide from liquid fossil fuels, 0.0015 pounds per million btu heat input

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.

7011.0515 STANDARDS OF PERFORMANCE FOR NEW INDIRECT HEATING EQUIPMENT.

Subpart 1. Particulate matter, sulfur dioxide, and nitrogen oxides. No later than <January 31, 2017,> owners or operators of new indirect heating equipment shall cause not allow any gases that contain particulate matter excluding condensables, sulfur dioxide, or nitrogen oxides in excess of the standards of performance shown below 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 unless the agency has established an alternative emissions limit in an air emission permit that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080.

A. Particulate Matter excluding condensables: 0.10 pounds per million btu heat input

B. Sulfur dioxide from solid fossil fuels, 1.2 pounds per million btu heat input

C. Sulfur dioxide from liquid fossil fuels, 0.0015 pounds per million btu heat input

D. Nitrogen oxides from the burning of solid fuels, 0.70 lb/mmbtu, gaseous fuels 0.20 lb/mmbtu or liquid fuels, 0.30 lb/mmbtu

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.

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7011.0530 PERFORMANCE TEST METHODS.

Unless another method is approved by the commissioner, any person required to submit performance tests for indirect heating equipment shall utilize the following test methods to demonstrate compliance:

A. Method 1 for selection of sampling site and sample traverses;

B. Method 3 for gas analysis;

C. Method 5 for concentration of filterable particulate matter and the associated moisture content;

D. Method 6 for concentration of SO;

E. Method 7 for concentration of NO; and

F. Method 9 for visual determination of opacity.

7011.0535 PERFORMANCE TEST PROCEDURES.

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).

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 (Repeal 7011.0545)

7011.0545 TABLE I: EXISTING INDIRECT HEATING EQUIPMENT.

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 (Repeal 7011.0550) 7011.0550 TABLE II: NEW INDIRECT HEATING EQUIPMENT.

7011.0554 EMISSION LIMITS FOR INDIRECT HEATING EQUIPMENT.

No later than <January 31, 2017,>an owner or operator of an indirect heating source shall meet the following emission limits, unless the agency establishes an alternative emissions limit in an air emission permit that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080.

A. Particulate Matter including organic condensables: 0.10 pounds per million btu heat input B. Sulfur dioxide from solid fossil fuels, 3 pounds per million btu heat input C. Sulfur dioxide from liquid fossil fuels, 0.0015 pounds per million btu heat input D. Nitrogen oxides from solid fuels, 0.70 lb/mmbtu E. Nitrogen oxides from gaseous fuels 0.20 lb/mmbtu, and F. Nitrogen oxides from liquid fuels, 0.30 lb/mmbtu

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 7011.0555 INCORPORATION BY REFERENCE.

For purposes of parts 7011.0500 to 7011.0551, the “Annual Book of American Society for Testing and Materials Standards (ASTM) XXX Fuel sampling requirements…coal, fuel oil…” is incorporated by reference. This document is not subject to frequent change.

DIRECT HEATING FOSSIL-FUEL-BURNING EQUIPMENT

7011.0610 STANDARDS OF PERFORMANCE FOR FOSSIL-FUEL-BURNING DIRECT HEATING EQUIPMENT.

Subpart 1. Particulate matter limitations. Particulate matter 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 including organic condensables 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.

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 gases which contain sulfur dioxide in excess of four pounds per million Btu heat input if a solid fossil fuel is burned or two pounds per million Btu heat input if a liquid fossil fuel is burned, if the total rated heat input of all indirect and direct heating equipment of the owner or operator at that particular location is greater than 250 million Btu per hour.

Subp. 2. Sulfur Dioxide limitations for direct heating equipment. No later than < January 31, 2017,> owners or operators of direct heating equipment shall comply with the following SO2 emission limits unless the agency has established an alternative emissions limit in an air emission permit that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080.

A. Owners or operators of existing direct heating equipment burning solid fossil fuel shall not allow any gases that contain sulfur dioxide in excess of two pounds per million Btu heat input to be discharged into the atmosphere from such equipment.

B. Owners or operators of existing direct heating equipment burning liquid fossil fuel shall not allow any gases that contain sulfur dioxide in excess of 0.0015 pounds per million Btu actual heat input to be discharged into the atmosphere from such equipment.

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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 to demonstrate compliance:

A. Method 1 for selection of sampling site and sample traverses;

B. Method 3 for gas analysis;

C. Methods 5 and 202 for concentration of particulate matter including filterable and organic condensables and the associated moisture content;

D. Method 6 for concentration of SO2; and

E. Method 9 for visual determination of opacity.


Subp. 3. Sampling time for Methods 5 and 202. For Methods 5 and 202, 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 owners or operators may request approval from the agency for smaller sampling times or volumes, when necessitated by process variables or other factors may be approved by the agency site specific limitations. 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).

INDUSTRIAL PROCESS EQUIPMENT

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 including organic condensables in excess of the amount permitted in part7011.0730 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

7011.0715 STANDARDS OF PERFORMANCE FOR POST-1969 INDUSTRIAL PROCESS EQUIPMENT.

Subpart 1. Prohibited discharge of gases. No owner or operator of any industrial process equipment which was not in operation before July 9, 1969, shall cause to be discharged into the atmosphere from the industrial process equipment any gases which:

A. in any one hour contain particulate matter including organic condensables 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

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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 to demonstrate compliance:

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 filterable particulate matter and associated moisture content and Method 202 for the concentration of organic condensables; and

E. Method 9 for visual determination of the opacity of emissions from stationary sources.


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 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.

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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.

HOT MIX ASPHALT PLANTS

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 that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080.

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 Center for Regulatory Air Models (SCRAM) Bulletin Board System (BBS). The SCRAM BBS may be accessed at (919) 541-5742.

Subp. 3. Records required. 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, For each fuel delivery, 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.

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:

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A. contain particulate matter including organic condensables in excess of the limits allowed by parts 7011.0700 to 7011.0735;

7011.0913 HOT MIX ASPHALT PLANT MATERIALS, FUELS, AND ADDITIVES OPERATING REQUIREMENTS.

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, and No. 2, No. 3, No. 4, No. 5, No. 6) that meet the sulfur limit in part 7011.0903, subpart 1; on-specification used oil as defined in part 7045.0020, subpart 60a, provided that total halogens shall not exceed 1,000 parts per million; and virgin oil that is discarded before use and that otherwise meets the requirements of this item for on-specification used oil.

C. The designated additives are silicone, organic soaps, and other substances of a similar nature added to the asphalt cement.

COAL HANDLING FACILITIES


Subp. 2. Coal. "Coal" means any solid fossil fuel described as anthracite, bituminous, subbituminous, lignite, or coke (as derived from coal) has the meaning provided in part 7011.0060, subpart 2.

7011.1105 STANDARDS OF PERFORMANCE FOR CERTAIN COAL HANDLING FACILITIES.

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 excluding condensables 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 excluding condensables in such gases do not exceed 0.020 gr/dscf;

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) excluding condensables; or

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 excluding condensables in excess of 0.070 g/dscm (0.031 gr/dscf); or

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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: Unless another method is approved by the agency, any owner or operator required to submit performance tests for any coal handling facilities shall use the following test methods to demonstrate compliance:


B. Method 5 for the concentration of filterable particulate material and moisture content;

C. Method 9 for the visual determination of the opacity of emission from stationary sources.


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 owners or operators may request approval from the agency for smaller sampling times or volumes, when necessitated by process variables or other factors, shall be approved by the commissioner site specific limitations. 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 shutdown procedures commence. The owner or operator shall eliminate cyclonic flow during performance tests.

7011.1227 TABLE 1.

The table in this part governs emission limitations for Class A and C waste combustor units. For acid gas limitations, either the applicable percent reduction or the parts per million by volume emission limitation, whichever is less stringent, is the emission limitation for the waste combustor.

Class C Class A

Particulate Matter

Front-half (filterable) 0.012 gr/dscf

Total including organic condensables 0.020 gr/dscf 0.020 gr/dscf

7011.1229 TABLE 2.

The table in this part governs emission limitations for a Class II waste combustor. For acid gas limitations, either the applicable percent reduction or the parts per million by volume emission limitation, whichever is less stringent, is the emission limitation for the waste combustor.

Size Class II

Particulate Matter

Front-half (filterable) 0.015 gr/dscf

Total including organic condensables 0.020 gr/dscf

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7011.1231 TABLE 3.

The table in this part governs emission limitations for Class III and D waste combustors.

Size Class III Class D

Particulate Matter


7011.1233 TABLE 4.

The table in this part governs emissions from Class IV waste combustors.

Use Hospital Metal Recovery

Particulate Matter


7011.1265 REQUIRED PERFORMANCE TESTS, METHODS, AND PROCEDURES.

Subp. 2. Performance test methods for criteria pollutants. An owner or operator of a waste combustor required to conduct performance tests for particulate matter, sulfur dioxide, or nitrogen oxides shall use test methods as described in items A to D.

A. Part 7011.0725 shall apply to tests Method 202 will be used in conjunction with Method 5 to test for particulate matter including filterable plus organic condensables except that for Class I, II, A, and C waste combustors, the minimum sample volume shall be 1.7 dscm, and the probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160 degrees Celsius, plus or minus 14 degrees. For Class III, IV, and D waste combustors, the minimum sample volume shall be 0.85 dscm. Smaller sampling times or sample volumes shall be approved by the commissioner, when the commissioner determines that they are necessitated by process variables or other factors. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 test run for particulate matter. Particulate matter emissions, expressed in gr/dscf, shall be corrected to seven percent oxygen by using the following formula:

where: c7 is the concentration of particulate matter corrected to seven percent oxygen;

c is the concentration of particulate matter as measured by Code of Federal Regulations, title 40,

part 60, Appendix A, Methods 5 and 202, as amended, or in part 7011.0725; and

(1) Front-half particulate matter emission is the concentration of filterable particulate matter as measured by Code of Federal Regulations, title 40, part 60, Appendix A, method 5, as amended.

(2) Total particulate Particulate matter emission is the concentration of particulate matter including filterable and organic condensables as measured by part 7011.0725 described in part 7017.2060, subpart 3(B).

7011.1280 OPERATOR CERTIFICATION.

Subpart 1. Scope.

A. The commissioner or commissioner’s designee as established by item B of this subpart shall certify a person provided the person can demonstrate the completion of:

A. (1) ASME provisional certification as described in Standard for the Qualification and Certification of Resource Recovery Facility Operators, American Society of Mechanical Engineers (ASME) QRO-1-1994, incorporated by reference in part 7011.1205, for chief facility operators, shift supervisors, and control room operators of municipal waste combustors; or

B. (2) the coursework and examination program set forth in subpart 3. 39



B. The Commissioner may designate another person to administer the operator certification program as described in this part, except subpart 9. There is no monetary obligation by the agency for services provided by a designee under this part. To qualify as a designee, you must:

(1) not be a waste combustor owner or operator;

(2) operate as a non-profit educational institution; and

(3) submit a written request to be a designee to the commissioner which identifies demonstrated knowledge in waste combustor operations.

(4) Identify here how to create a relationship (agreement, modification of agreement, conditions of agreement, length of agreement)

C. The commissioner shall review the request and determine the adequacy of the information in the request. If the commissioner determines that additional information or documentation is necessary to assess the request, the commissioner shall notify the requestor.

D. The responsibilities of the designee are to:

(1) provide an adequate number of personnel to properly administer the certification program, including at least one person identified as the contact person who is involved in administering the program as the commissioner’s designee;

(2) receive and review initial and renewal operator and municipal waste combustor examiner certification applications and determine the adequacy of the information contained in the application in order to assess the eligibility of the applicant as described in subparts 3 and 7, and part 7011.1280, subp. 4 (B) and (C);

(3) notify applicants of their eligibility for certification or of any deficiencies discovered in the application in accordance with subpart 4 (B) and (C) and part 7011.1282, subp. 2(A);

(4) provide waste combustor operator training courses at a frequency specified by the commissioner; (5) update materials for Waste Combustor Operator Training as needed at a frequency specified by the

commissioner; (6) administer a certification examination that has been approved by the commissioner and is conducted

pursuant to subpart 5 and part 7011.1282, subp. 3; (7) administer a certification examination that has been approved by the commissioner and is conducted

pursuant to subpart 5 and part 7011.1282, subp. 3; (8) score and determine passing scores for the examination pursuant to subpart 5(D) and part 7011.1282,

subpart 3; (9) issue initial and renewal certification certificates pursuant to subparts 6 and 7, and part 7011.1282,

subpart 2(B) and subpart 4; (10) as requested by the commissioner, provide all materials used in conducting operator training courses in

order to determine that the course content meets the conditions of subpart 3(A)(2) and (B)(1)(a) or (2)(a); (11) conduct oral examinations as required by part 7011.1282, subpart 3(C); and (12) by December 31 of each year, provide a report to the agency containing the information as requested by

the commissioner. E. The commissioner shall provide the designee:

(1) the appropriate application forms in electronic format;

(2) a data set of all individuals who have been certified or renewed their certification upon approval as a commissioner’s designee;

(3) upon request, assistance as needed in determining the eligibility of applicants;

(4) upon request, a list of acceptable coursework for initial certifications and continuing education

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 requirements and approve or deny any requested additions or deletions as needed, pursuant to subpart 8; and

(5) review and approval of the contents of the certification examination as needed or when changes are made pursuant to subpart 5.

F. The commissioner shall revoke designation, or use a lesser remedy against the designee for any of the following reasons:

(1) submittal of false or misleading information in order to obtain designation; or

(2) failure to perform the responsibilities of the designee as identified in item D.

The commissioner shall give written notice to the designee of a proposal to revoke the designation. No revocation shall be imposed before notice is given to the designee and an opportunity for a contested case hearing is provided.

Subp. 4. Certification process.

B. Within 15 days of receipt, the commissioner or the commissioner’s designee shall review the application for certification and determine the adequacy of the information included in the application. If the commissioner determines that additional information or documentation is necessary to assess the eligibility of the applicant, the commissioner shall notify the applicant. The application shall be considered incomplete until the applicant provides the required information.

Subp. 5. Examinations.

A. The commissioner shall approve an examination for the different classes of waste combustors. The examination shall be administered as a written closed book examination. The commissioner will not transfer the duty of approving examinations to the designee.

Subp. 6. Certificates. Within ten days of the examination date, the institution administering the certification examination shall provide to the commissioner or the commissioner’s designee a list of individuals who completed the training and those who successfully passed the examination.

The commissioner or the commissioner’s designee shall issue a certificate when the applicant has met all necessary conditions prescribed in subpart 1. Certificates are valid for three years.

Subp. 7. Renewal.

A. A certified individual shall apply for certificate renewal no later than 30 days prior to certificate expiration. Renewal certificates shall be issued by the commissioner when the commissioner receives the application, along with The application for renewal shall include evidence that the person has, during the preceding three years, earned credit for attending training courses offered by the agency or other training courses approved by the commissioner as described in subpart 8, including personnel training described in part 7011.1275, for the number of hours as identified as follows:

(1) Class I, II, III, A, C, or D, 24 hours; and

(2) Class IV, eight hours.

An individual whose certificate has expired must comply with item B or C.

B. If an individual applies for certificate renewal within one year following the expiration of the certificate, the commissioner may renew the certificate without examination. To be recertified without an examination, The the individual must meet the training requirements of item A at the time of application before the certificate will be renewed. If the individual does not have sufficient training to meet the requirements of item A, the individual must comply with the requirements of subpart 3.

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C. If an individual applies for certificate renewal more than one year following the expiration of the certificate, the commissioner may will renew the certificate when the individual complies with the requirements of subpart 3.

Subp. 8. List of courses. The commissioner shall may biennially prepare and make available to interested parties a list of accredited waste combustor operator training sources and educational activities for which credit may be obtained to meet the training requirements for certification.

Subp. 9. Sanctions. The commissioner shall impose sanctions against a certified operator as described in items A to E.

7011.1282 CERTIFIED MUNICIPAL WASTE COMBUSTOR EXAMINER CERTIFICATE.

Subp. 2. Certification process for a certified municipal waste combustor examiner.

A. The commissioner shall review the application for certified municipal waste combustor examiner and determine the adequacy of information included in the application. If the commissioner determines that additional information or documentation is necessary to assess the eligibility of the applicant, the commissioner shall notify the applicant. The application shall be considered incomplete until the applicant provides the required information. When the commissioner determines that the applicant has submitted a complete application, and has determined that the applicant has demonstrated a satisfactory compliance history as an operator at a municipal waste combustor, the commissioner shall schedule an oral examination of the applicant.

B. The commissioner shall issue a certificate to the applicant who successfully completes the examination process of subpart 3. The certified municipal waste combustor examiner's certificate is site-specific, and is not transportable. The certificate shall expire five years after its issue date unless renewed. Each certificate shall contain the following information:

(1) identification as a certified municipal waste combustor examiner certificate;

(2) the certified individual's full name; and

(3) the name and location of the facility for which certification is given.

Subp. 3. Examination for certified municipal waste combustor examiner.

A. The commissioner or commissioner’s designee shall convene a board of examiners to conduct an oral examination of a certified municipal waste combustor examiner applicant.

B. The examination for certified municipal waste combustor examiner shall:

(1) test understanding of the content and procedures described in the waste combustor's operating manual that is required to be prepared for the facility by part 7011.1275, subpart 3;

(2) test comprehensive understanding of the duties of a certified examiner described in part 7011.1283 and how the applicant is prepared to carry out these duties; and

(3) require the applicant to describe the waste combustor facility's program for examining and awarding full certification, and describe how this program incorporates the requirements of parts 7011.1283 and 7011.1284. The board of examiners shall evaluate applicants for certified municipal waste combustor examiner based on the applicant's technical knowledge and understanding of integrated plant operations. An applicant's responses shall be graded as pass or fail. All members of the board of examiners must pass the applicant if the certification is to be granted.

C. The board of examiners shall consist of at least three members. The three members shall be a member an employee of the Pollution Control Agency, a member of the municipal waste combustor industry, and a member who is or has been employed at a power operation facility using combustion and/or air pollution control technologies comparable to the facility where the applicant is employed.

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The commissioner may appoint additional board members if the facility for which the applicant seeks certification is complex and the commissioner determines that additional examiners will help the board determine the applicant's technical knowledge, problem-solving ability, and understanding of plant operations.

Additional Pollution Control Agency representatives, a representative from the facility, a representative of an industry trade group, and or a member of the public shall be allowed by the commissioner to observe the examination.

Subp. 4. Renewal.The commissioner or commissioner’s designee shall issue renewal certified examiner certificates when an individual submits a written request to renew the certificate at least 30 days before the expiration of the certificate.

If changes are made in equipment and/or operating procedures which the initial certification did not address, the individual shall submit written evidence that the change has been made, the individual has been trained, and the on-site certification program has been amended to include the changes. The individual shall also submit evidence that the individual has, during the life of the certified municipal waste combustor operator certificate, maintained the individual's certification as required in part 7011.1280. If the individual applies for certificate renewal after the certified municipal waste combustor examiner certificate has expired, the commissioner shall schedule an examination according to part 7011.1282, subpart 3.

7011.1305 STANDARDS OF PERFORMANCE FOR EXISTING SEWAGE SLUDGE INCINERATORS.

No o Owners or operators of an existing sewage sludge incinerator shall cause not allow any gases to be discharged into the atmosphere from the sewage sludge incinerator any gases which that:

A. contain particulate matter in excess of 0.3 gr/dscf excluding condensables corrected to 12 percent CO 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 excluding condensables corrected to 12 percent CO 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 excluding condensables corrected to 12 percent CO if the incinerator has a burning capacity of greater than 2,000 pounds per hour.

7011.1310 STANDARDS OF PERFORMANCE FOR NEW SEWAGE SLUDGE INCINERATORS.

No o Owners or operators of a new sewage sludge incinerator shall cause not allow any gases to be discharged into the atmosphere from the incinerator any gases which that:

A. contain particulate matter in excess of 0.65 g/kg dry sludge input (1.30 lb/ton dry sludge input) excluding condensables; or


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 to demonstrate compliance:


B. Method 2 for volumetric flow rate;

C. Method 3 for gas analysis; and

D. Methods 5 for concentration of filterable particulate matter and associated moisture content.


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.

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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.

7011.1405 STANDARDS OF PERFORMANCE FOR EXISTING AFFECTED FACTILTIES AT PETROLEUM REFINERIES.

Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste heat boiler. No o Owners or operators of an existing fluid catalytic cracking unit catalyst regenerator or its incinerator-waste heat boiler at a petroleum refinery shall cause not allow any gases to be discharged into the atmosphere from such regenerator or its incinerator-waste heat boiler any gases which that:

A. contain particulate matter excluding condensables in excess of 10.0 lb/1000 lb (10.0 kg/1000 kg) of coke burn-off in the catalyst regenerator; or

Subp. 3. Indirect heating equipment. The standards of performance 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 in this part shall apply to indirect heating equipment. No o Owners or operators of existing indirect heating equipment at a petroleum refinery shall cause not allow any gases to be discharged into the atmosphere from such equipment any gases which that:

A. contain particulate matter excluding condensables in excess of 0.4 pounds per million Btu (0.72 grams per million cal) heat input; or

7011.1410 STANDARDS OF PERFORMANCE FOR NEW AFFECTED FACTILTIES AT PETROLEUM REFINERIES.

Subpart 1. Fluid catalytic cracking unit catalyst regenerator and incinerator-waste heat boiler. No o Owners or operators of a new fluid catalytic cracking unit catalyst regenerator or its incinerator-waste heat boiler at a petroleum refinery shall cause not allow any gases to be discharged into the atmosphere from such regenerator or incinerator-waste heat boiler any gases which that:

A. contain particulate matter excluding condensables in excess of 1.0 lb/1000 lb (1.0 kg/1000 kg) of coke burn-off in the catalyst regenerator; or

Subp. 3. Indirect heating equipment. Indirect heating equipment: The standards of performance 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 this part shall apply to 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 o Owners or operators of new indirect heating equipment at a petroleum refinery shall cause not allow any gases to be discharged into the atmosphere from such equipment any gases which that:

(1) contain particulate matter excluding condensables in excess of 0.4 pounds per million Btu (0.72 grams per million cal) heat input; or

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 excluding condensables in excess of 0.1 pounds per million Btu (0.18 grams per million cal) heat input.

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(Repeal 7011.1415)

7011.1415 EXEMPTIONS.

The combustion of process upset gas in a flare, or the combustion in a flare of process gas or fuel gas which is released to the flare as a result of relief valve leakage, is exempt from the standards of performance set forth in these parts.

The standards of performance promulgated in parts 7011.0500 to 7011.0530 for indirect heating equipment shall not apply to indirect heating equipment at a petroleum refinery. Only those standards of performance for indirect heating equipment set forth in these parts shall apply to such equipment.


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 to demonstrate compliance:

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



C. Method 5 for the concentration of filterable particulate matter and moisture content;

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:



C. Method 5 for the concentration of filterable particulate matter and moisture content;

7011.1905 STANDARDS OF PERFORMANCE FOR SECONDARY BRASS AND BRONZE INGOT PRODUCTION PLANTS.

No o Owners or operators of a secondary brass or bronze ingot production plant shall cause not allow any gases to be discharged into the atmosphere from a reverberatory furnace any gases which that:

A. contain particulate matter excluding condensables in excess of 50 mg/dscm (0.022 gr/dscf);


Unless another method is approved by the agency, any owner or operator required to submit performance tests for a brass or bronze ingot production plant shall utilize the following test methods to demonstrate compliance:




D. Method 5 for the concentration of filterable particulate matter and the associated moisture content.

7011.2005 STANDARDS OF PERFORMANCE FOR IRON AND STEEL PLANTS.

No o Owners or operators of an iron and steel plant shall cause not allow any gases to be discharged into the atmosphere from any basic oxygen process furnace any gases which that contain particulate matter excluding condensables in excess of 50 mg/dscm (0.022 gr/dscf).

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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 to demonstrate compliance:


B. Method 2 for volumetric flow rate;


D. Method 5 for concentration of filterable particulate matter and associated moisture content.

STATIONARY INTERNAL COMBUSTION ENGINES

7011.2300 STANDARDS OF PERORMANCE FOR STATIONARY INTERNAL COMBUSTION ENGINES.

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.

No later than < ----------,> owners or operators of any stationary internal combustion engine shall not allow any gases that contain sulfur dioxide in excess of 0.0015 pounds per million Btu actual heat input to be discharged into the atmosphere from the engine unless the agency establishes an alternative sulfur dioxide emission limit in an air emission permit that includes a demonstration through modeling of compliance with the sulfur dioxide standards in part 7009.0080.

7011.2303 MONITORING AND RECORDKEEPING FOR STATIONARY INTERNAL COMBUSTION ENGINES.

No later than < ----------,> owners or operators of a stationary internal combustion engine shall demonstrate compliance with the sulfur dioxide limit in 7011.2300 by one of the following methods. Records must be maintained in a form suitable for inspection for at least five years from the date of each record.

A. Fuel Supplier certification. The owner or operator of a stationary internal combustion engine shall obtain a fuel supplier certification for each shipment of fuel, certifying that the sulfur content does not exceed 0.00015% (15 ppm) by weight, or the sulfur content in fuel allowed by an alternative limit established in an air emissions permit.

B. Fuel sampling. The owner or operator of a stationary internal combustion engine shall use the procedures in 40 CFR Part 75 Appendix D, section 2.2 for conducting fuel sampling and analysis to demonstrate compliance with sulfur dioxide limit.

CHAPTER 7017, MONITORING AND TESTING REQUIREMENTS CONTINUOUS MONITORING SYSTEMS


Subp. Calibration attenuator. Calibration attenuators are optical filters with neutral spectral characteristics that must meet the requirements in Code of Federal Regulations, title 40, part 60, appendix B.

Subp. Grace period. “Grace period” applies to monitor quality control audits and means a period of 168 unit or stack operating hours beginning with the first unit or stack operating hour following the calendar quarter in which an audit was due. All operating hours apply toward the grace period regardless of whether or not they are consecutive.

Subp. Quality assurance operating quarter. “Quality assurance operating quarter” means a calendar quarter in which there are at least 168 unit operating hours or, for a common stack or bypass stack, a calendar quarter in which there are at least 168 stack operating hours.

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Subp. Stack operating hour. “Stack operating hour” means a clock hour during which flue gases flow through a particular stack or duct either for the entire hour or for part of the hour.

Subp. Unit operating hour. “Unit operating hour” means a clock hour during which an emission unit operates either for the entire hour or for part of the hour.

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 in a format specified by the commissioner. A report must be submitted for any certification test that was required, whether or not the test data indicate compliance with the appropriate performance specifications, and whether or not the test was completed according to the approved test plan.

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.

7017.1110 EXCESS EMISSIONS REPORTS.

Subp. 2. Contents of excess emissions report. The excess emissions report shall contain the information in items A to CE.

D. Summary of cylinder gas audit and relative accuracy test audit result completed in the previous quarter as required by parts 7017.1180 and 7017.1220.

E. If applicable, notifications of exclusions of applicability from audit frequencies as required by parts 7017.1170, subp. 4 and 5(A); and 7017.1210, subp. 3.

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 submitted to the agency in a format specified by the commissioner and sent to the address, physical or electronic, identified on the required form or as provided by the agency.

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 regulation or 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 in a format specified by the commissioner and 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 be certified is made by CD-ROM or computer disk, it shall be accompanied by a signed certification clearly indicating the submittal to which it applies.

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

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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.

Subpart 1. Applicability. The quality assurance and control requirements in this subpart apply to each CEMS unless otherwise specified by another applicable standard. If multiple sets of CEMS standards apply to a single CEMS unit, all applicable requirements must be met.

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.

Subp. 3. Daily calibration drift assessment and adjustment. The facility owner or operator shall conduct daily calibration drift assessments and make adjustments as needed according to the procedure listed in items A and B and Code of Federal Regulations, title 40, section 60.13(d)(1) and Code of Federal Regulations, title 40, part 75, appendix B, section 2.1, as applicable, 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.

Subp. 4.Semiannual Ccylinder 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. The initial CGA must be completed within180 days following certification of the CEMS. Subsequent CGAs shall be conducted on each concentration and diluent monitor on each CEMS no later than the end of every other QA operating quarter regardless of whether they are consecutive calendar quarters according to the procedures in Code of Federal Regulations, title 40, part 60, appendix F, section 5.1.2., except that a CGA is not required based on the following exclusions of applicability:

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A..during any calendar half year in which a RATA was performed on the CEMS; or

B. in the event the unit is not in operation at the CGA due date the owner or operator has a grace period of 168 operating hours in which to perform a CGA on that monitor. If at the end of the 168 operating hour grace period, the CGA has not been completed, data from the CEMS shall be invalid beginning with the first unit operating hour following expiration of the grace period. The owner or operator must submit notification of any exclusions of applicability to the commissioner as part of each quarterly excess emission report when utilized. No exclusion or frequency set under this subpart precludes the owners or operators obligation to comply with quality assurance provisions imposed under other applicable requirements or compliance documents.

The frequency set forth in appendix F only applies if the unit is subject to Code of Federal Regulations, title 40, part 60.

Subp. 5. Relative accuracy test audits (RATA). An initial relative accuracy test audit (RATA) shall be completed on each CEMS within 365 days following certification of the CEMS. Subsequent RATAs shall be conducted on each monitor range of a CEMS no later than the end of every fourth QA operating quarter, regardless of whether they are consecutive calendar quarters according to the applicable procedures in Code of Federal Regulations, title 40, part 60, appendix B and Code of Federal Regulations, title 40, part 75, appendix A, section 6.5 through 6.5.2.2 and appendix B, section 2.3.1.3 through 2.3.1.4 with the following exclusions of applicability:

(1) a RATA is not required on a CEMS in a calendar year if a RATA conducted in the previous year demonstrated a relative accuracy value of less than 75 percent of the performance specification as set forth in the applicable performance standard of Code of Federal Regulations, title 40, part 60, Appendix B.

(2) In the event the unit is not in operation at the RATA due date the owner or operator has a grace period of 168 operating hours in which to perform a RATA on that monitor. If at the end of the 168 operating hour grace period, the RATA has not been completed, data from the CEMS shall be invalid beginning with the first unit operating hour after the following expiration of the grace period. The owner or operator must submit notification of any exclusions of applicability to the commissioner as part of each quarterly excess emission report when utilized. No exclusion or frequency set under this subpart precludes the owners or operators obligation to comply with quality assurance provisions imposed under other applicable requirements or compliance documents.

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 Code of Federal Regulations, title 40, part 75, appendix A, section 3.3, as applicable; 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.

Subp. 8. Out of control periods. Data will not be considered valid and may not be used for emissions calculations during out of control periods as defined in part 7017.1002. Code of Federal Regulations, title 40, Part 75 data substitution procedures may not be applied to monitored data required by other applicable standards unless expressly stated as such. The out of control period will be considered downtime and the requirements of Code of Federal Regulations, title 40, appendix F, 4.3.2. and 5.2.2. shall be followed.

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 7017.1210 QUALITY ASSURANCE AND CONTROL REQUIREMENTS FOR COMS.

Subpart. 1. Applicability. The following quality assurance and control requirements apply to each COMS unless otherwise specified by another applicable standard. In the event multiple sets of COMS standards apply to a unit, all applicable requirements must be met. If the owner or operator determines that the following requirements are not achievable based on site specific circumstances, the owner or operator may submit for commissioner review and approval, an alternative monitoring plan in a format specified by the commissioner.

Subpart 1. Subp. 2. 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:

Subp. 3. 4. Semiannual calibration error audit 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 Subsequent calibration error audits is are 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 no later than the end of every other QA operating quarter regardless of whether they are consecutive calendar quarters. 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 7.1.48.1(3). 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. In the event the unit is not in operation at the time of the audit due date as a result of infrequent operation, the owner or operator has a grace period of 168 unit or stack operating hours in which to perform an audit. If at the end of the 168 operating hour grace period, the calibration error audit has not been completed, data from the COMS are invalid beginning with the first unit operating hour following the expiration of the grace period. The owner or operator must submit notification of any exclusions of applicability to the commissioner as part of each quarterly excess emission report when utilized. No exclusion or frequency set under this subpart precludes the owners or operators obligation to comply with quality assurance provisions imposed under other applicable requirements or compliance documents. A COMS calibration error audit result shall not exceed three percent opacity.

Subp. 4.5. Attenuator Ccalibration attenuators. 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. The owner or operator shall purchase a minimum of three calibration attenuators that meet the requirements of Performance Specification 1.

PERFORMANCE TESTS (Repeal 7017.2001) 7017.2001 APPLICABILITY.

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

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 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.

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. All submittals required under parts 7017.2015 to 7017.2060 shall be submitted in a format specified by the commissioner and sent to the address, physical or electronic, identified on the required form or provided by the commissioner.

7017.2025 OPERATIONAL REQUIREMENTS AND LIMITATIONS.

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.

C. For new operating limits other than operating rate limits including pollution control equipment limits, the averaging time and any extension of the range of values shall be defined in the test plan as approved 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. 4. Failure to demonstrate compliance.

B. The owner or operator may receive an extension to the schedule in item A if one of the following special circumstances applies:

(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. If the compliance plan includes pursuit of a permit amendment to change the failed emission limit, the owner or operator must include at least one retest prior to the application as part 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.

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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 of this subpart apply the owner or operator enters into an enforcement agreement with the agency to meet the requirements in items A to C.

7017.2035 PERFORMANCE TEST REPORTING REQUIREMENTS.

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:

D. Summary of results:

(1) emission results, expressed in the same units as the emission limits or in units prescribed in any applicable compliance document as defined at part 7017.2005, subpart 2;


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. If the methods incorporated by reference include exemptions and exclusions that do not meet the requirements of parts 7017.2001 to 7017.2060, then the owner or operator will complete the tests that meet the requirements of parts 7017.2001 to 7017.2060.


Subp. 3. Total particulate matter determination Particulate matter.

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) unless defined in another applicable rule.

B. Particulate matter emissions tests shall include filterable plus organic condensables as determined by Methods 5 and 202. Compliance with emission limits, including Title I conditions shall be based on particulate matter emissions including organic condensables unless specifically defined otherwise in an applicable rule or standard. A l l test results shall be reported as both particulate matter including filterable plus organic condensables and as excluding organic condensables regardless of the types used to demonstrate compliance.

C. The determination of condensible condensable 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 condensable particulate matter emissions or as allowed by Method 202 § 1.4(h) as amended.

Subp. 4. PM-10 and PM-2.5 determinations.

A. Method 201 or 201A in conjunction with Method 202 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

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 minimum sampling volume will be 32 dscf (0.9 dscm) unless defined in another applicable rule.

B. Results for PM-10 and or PM-2.5 emissions tests shall include condensible particulate matter emissions filterable, organic and inorganic condensables as determined by Method 202. Compliance with emission limits including Title I conditions shall be based on particulate matter emissions including condensables unless specifically defined otherwise in an applicable rule or standard. The owner or operator shall report all test results shall be reported as both total PM-10 including filterable, organic and inorganic condensiblescondensables and as filterable PM-10 excluding condensibles condensables. Organic and inorganic condensables shall be specified individually when reporting results.

C. The compliance status of the emission facility shall be based on the result for total PM-10 including condensible condensable particulate matter.

D. The determination of condensible condensable 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 condensable particulate matter emissions or as allowed by Method 202, section 1.4(h) as amended. This item does not preclude the requirement of part 7017.2050.

CHAPTER 7019, EMISSION INVENTORY REQUIREMENTS 7019.3020 CALCULATION OF ACTUAL EMISSIONS FOR EMISSION INVENTORY.

B. All owners or operators of emission reporting facilities that hold an air emission permit under part 7007.1115, registration permit option A, shall report actual emissions calculated, for the calendar year for which emissions are being reported in a format specified by the commissioner.

CHAPTER 7030, NOISE POLLUTION CONTROL 7030.0010 INCORPORATION BY REFERENCE.

For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville520 Lafayette Road North, Saint Paul, Minnesota 5511355155; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.

The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville520 Lafayette Road North, Saint Paul, Minnesota 5511355155; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.

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Preliminary Draft Omnibus Air Rules DRAFT 8/26/2014 7030.0050 NOISE AREA CLASSIFICATION.

Subp. 2. Noise area classifications. The noise area classifications and the activities included in each classification are listed below:

Noise Area Classification Land Use Activities

1 Household Units (includes farm houses)

Group quarters

Residential hHotels

Mobile home parks or courts

Transient lodging

Other residential or overnight lodging

Motion picture production

Medical and other health services

Correctional institutions

Educational services

Religious activities

Cultural activities and nature exhibitions

Entertainment assembly

Camping and picnicking areas (designated)

Resorts and group camps

Other cultural, entertainment, and recreational activities.

2 Railroad terminals (passenger)

Railroad terminals (passenger and freight)

Rapid rail transit and street railway passenger terminals

Bus passenger terminals (intercity)

Bus passenger terminals (local)

Bus passenger terminals (intercity and local)

Other motor vehicle transportation

Airport and flying field terminals (passenger)

Airport and flying field terminals (passenger and freight)

Marine terminals (passenger)

Marine terminals (passenger and freight)

Automobile parking

Telegraph message centers

54



Transportation services and arrangements

Wholesale trade

Retail trade -- building materials, hardware, and farm equipment including restaurants and bars

Retail trade -- general merchandise

Retail trade -- food

Retail trade -- automotive, marine craft, aircraft, and accessories

Retail trade -- apparel and accessories

Retail trade -- furniture, home furnishings, and equipment

Retail trade -- eating and drinking

Other retail trade

Finance, insurance, and real estate services

Personal services

Business, legal, or other professional services

Repair services

Legal services

Other professional services

Contract construction services

Governmental services (except correctional institutions)

Miscellaneous services (except religious activities)

Public assembly (except entertainment assembly and race tracks)

Amusements (except fairgrounds and amusement parks)

Recreational activities (except designated camping and picnicking areas)

Parks.

3 Manufacturing Food and kindred products -- manufacturing

Textile mill products -- manufacturing

Apparel and other finished products made from fabrics, leather, and similar materials -- manufacturing

Lumber and wood products (except furniture) -- manufacturing

Furniture and fixtures -- manufacturing

Paper and allied products -- manufacturing

55



Printing, publishing, and allied industries

Chemicals and allied products -- manufacturing

Petroleum refining and related industries

Rubber and miscellaneous plastic products -- manufacturing

Stone, clay, and glass products -- manufacturing

Primary metal industries

Fabricated metal products -- manufacturing

Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks -- manufacturing

Miscellaneous manufacturing (except motion picture production)

Transportation (except passenger terminals) Railroad, rapid transit, and street railway transportation (except passenger terminals)

Motor vehicle transportation (except passenger terminals)

Aircraft transportation (except passenger terminals)

Marine craft transportation (except passenger and freight terminals)

Highway and street right-of-way

Communication (except telegraph message centers)

Utilities

Other transportation, communication, and utilities (except transportation services and arrangements)

Race tracks

Fairgrounds and amusement parks

Agricultural

Agricultural and related activities

Forestry activities and related services (including commercial forest land, timber production, and other related activities)

Fishing activities and related services

Mining activities and related services

Other resource production and extraction

All other activities not otherwise listed.

4 Undeveloped and unused land area (excluding noncommercial forest development)

Noncommercial forest development

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Water areas

Vacant floor area

Under construction

Other undeveloped land and water areas.

Repeal

Minn. R. 7011.0545 Table I, 7011.0550 Table II, 7011.1415, and 7017.2001 Subp. 2.

57

From: Lori A. BartelsTo: Lynn, Mary (MPCA)Cc: Stephanie L. KuphalSubject: FW: MPCA Air Quality Omnibus RuleDate: Wednesday, October 01, 2014 3:08:51 PM

Dear Ms. Lynn On behalf of the Wenck Associates Air Quality group, please find our comments on the proposed Omnibus Air Rules dated August 27, 2014. Should you have any questions on our comments please let me know. Sincerely, LoriLori Bartels, P.E. (Chemical Engineer, Minnesota) | PrincipalWenck Associates Inc., c/o Bossardt Corporation, 5270 West 84th Street, #550; Mpls. MN. 55437www.wenck.com | [email protected] | D 952.837.3351 | F 651.228.1969 | C 612.310.7591 | **********************************************COMMENTS Minn. R. 7007.1150 C

Control equipment replacements and installations: MPCA’s proposed requirements appear to provide a disincentive for facilities to improve and replace air pollution control equipment. For sites with facility-specific control efficiency permit terms, MPCA should seek rule changes write permit terms to allow control equipment replacements as long as manufacturer documentation is maintained indicating that the equipment meets permitted efficiencies. If the only change to the permit is a change in the control equipment number or addition of control equipment, MPCA should not interpret the change as a major permit amendment even if a permit requires a specific control efficiency or seek to simplify the major amendment process in such cases. The proposed rule appears to limit the use of the notification provisions under Minn. R. 7007.1150. MPCA should actively seek more flexible alternatives for environmentally beneficial pollution control projects rather than extending wait times and costs on air pollution control equipment projects.

Minn. R, 7007.1500 - Major Amendment

As a suggestion please provide for a simplified permitting process for major amendments (less fee, less forms) required as a result of significant changes to monitoring, reporting and recordkeeping (Minn. R. 7007.1500, subpart 1.A.). Although we understand the need for a major amendment as specified in Part 70 rules, it does not have to be as complicated as a major amendment resulting from an increase in emissions.

Minn. R. 7011.0500- 0554 Indirect/Direct Heating Equipment




http://www.wenck.com/


The ultralow sulfur emission standards proposed in 7011.0510 and .0515 should be revised to allow the use of fuel purchased before the rules are finalized if the existing fuel in storage does not meet the ultralow sulfur contents.

The proposed rules seem to allow exceedances of the NOx and PM emission limits under 7011.0510 and .0515 if an SO2 ambient air quality analysis is completed. A permit amendment or new total facility permit should not be required if modeling at existing stack conditions and existing fuel sulfur contents and/or existing SO2 permit limits meets the ambient air quality standards. MPCA should provide outreach if all liquid fuels at all industrial, commercial, and residential properties statewide are required to meet ultralow sulfur contents or obtain an individual facility air permit. Used oil burners are one example at commercial sites. The requirement to have an air permit cannot be met immediately for existing equipment at unpermitted sites. Modeling will also require some time to complete. It is recommended that the MPCA establish in the proposed rules a schedule for phasing in applicability and permitting of the new standards.

Minn. R. 7011.0600-0615 Direct Heating Equipment

The proposed ultralow sulfur emission limits for liquid fuels do not allow any sulfur emissions from materials being dried or processed. Direct heating equipment may also have sulfur emissions resulting from the process and not just the fuel combusted.

The comment requesting a phased-in schedule applies to direct heating equipment, as well.

Minn. Rules 7011.2300 - 2303 - Stationary Engines

The sulfur content percentage proposed in MN Rule 7011.2300 has an extra zero - 0.00015% should be 0.0015%.

Currently, screening modeling without a permit amendment is allowed for nonemergency engines. MPCA should clarify whether the existing screening level modeling is sufficient.

If refined modeling and a major amendment application are required for all existing and new digester gas and landfill gas engines, then wastewater treatment plants and landfills are unlikely to use engines for energy recovery and are likely to flare the gas instead. Overall, the proposed rule could result in increased emissions of nearly every pollutant for these sites since energy use will not be offset.

MPCA should clarify recordkeeping and/or fuel analysis requirements for natural gas, digester gas, and landfill gas under the proposed MN Rule 7011.2303 Subp A and B. The proposed rules

are written for diesel fired engines only, but the requirements as written would apply to all stationary source engines. Natural gas engines are common for emergency generators.

General

For fuels above the ultralow sulfur content, it is recommended that MPCA develop user friendly and realistic tools for demonstrating compliance through the use of air dispersion modeling. Similarly, we recommend MPCA develop a process to streamline the air dispersion modeling reviews. Based on the current process the MPCA will not be able to process additional requests received as a result of this rule in a timely manner. For example, our recommendation above to allow demonstration of compliance with the NAAQS at existing stack conditions and emission limits without additional permitting would help streamline the implementation of this rule and provide the same net environmental benefit.

Great River Energy’s comments on MPCA Omnibus Air Rules:

During the September 10, 2014 stakeholder meeting MPCA requested comments on providing the

overview at the beginning of the proposal. The overview was a great tool to provide insight as to why

the change is warranted and what the agency is attempting to do with the proposed changes. This

activity should continue with all subsequent rulemaking.

RULE: 7007.0650 Subp. 2 Computerized Electronic application submittal. Applicants may in addition

submit applications in computer-readable an electronic format specified by the agency which may be

through submission of a floppy disk or through electronic data submittal. If the information is submitted

in a computer-readable electronic format, the agency may allow the applicant to submit applicant may

submit fewer printed copies than required in subpart 1, however the applicant must submit at least one

paper copy of the application certification required by part 7007.0500, subpart 3, shall always be

required to be provided on paper which must include an original signature of the responsible official,

COMMENT:

The reference to 7007.0500 Subp. 3 does not state that an original signature is required. It states that

the responsible official shall sign and certify any application. By rewording and eliminating “which must

include an original signature of the responsible official,” the agency will have the discretion to utilize

their e-Services portal for submittals. The e-Services submittal already provides for electronic signatures

and certifications of submittals.

Possible replacement language: “Application certifications must be signed and certified by the

responsible official, either in hard copy or electronically utilizing agency approved methodologies.”

RULE: 7011.2303 MONITORING AND RECORDKEEPING FOR STATIONARY INTERNAL COMBUSTION

ENGINES

No later than < ----------,> owners or operators of a stationary internal combustion engine shall demonstrate compliance with the sulfur dioxide limit in 7011.2300 by one of the following methods. Records must be maintained in a form suitable for inspection for at least five years from the date of each record. A. Fuel Supplier certification. The owner or operator of a stationary internal combustion engine shall obtain a fuel supplier certification for each shipment of fuel, certifying that the sulfur content does not exceed 0.00015% (15 ppm) by weight, or the sulfur content in fuel allowed by an alternative limit established in an air emissions permit.

COMMENT:

Requiring a “Fuel Supplier Certification” is overly burdensome and provides no additional environmental

benefit or compliance assurance. Starting June 1, 2014, all fuel distributers are federally required to

provide <15ppm sulfur diesel fuel for any fuel designated as motor vehicle, non-road, locomotive, or

marine (MVNRLM). (40CFR80.598(a)(3)(vi) & (xiv)) Verification of fuel purchase is sufficient to determine

compliance with the sulfur content of the fuel. Starting June 1, 2014, any distillate fuel with a sulfur

content greater than 15 ppm must be designated by the distributer as: ECA marine fuel; Heating oil;

exempt distillate fuels used for national security, R&D, and fuels used in US territories.

(40CFR80.598(b)(8)). These categories do not apply to our emission sources. Fuel supplier certifications

should be considered for these specific emissions sources through their operating permits, rather than

through state rule as would apply to all emission sources.

COMMENT Pertaining to legacy fuel:

Tanks following American Petroleum Institute, API, protocols for inspections will empty their tanks at a

minimum of every 10 years. The legacy fuel could be sent for reprocessing/recycling upon emptying the

tank. Ultra low sulfur diesel (ULSD) has been available for years. Consequently, most companies will

have enough documentation to adequately demonstrate that their tank contains <15 ppm sulfur

distillate. The agency should give the companies the opportunity to demonstrate that they are currently

utilizing ULSD and all the fuel in the tanks is <15ppm sulfur distillate.

7017.1170 QUALITY ASSURANCE AND CONTROL REQUIREMENTS FOR CEMS.

RULE:Subpart 1. Applicability. The quality assurance and control requirements in this subpart apply to

each CEMS unless otherwise specified by another applicable standard. If multiple sets of CEMS

standards apply to a single CEMS unit, all applicable requirements must be met.

COMMENT:

The agency’s suggested changes to 7017.1170 provide better harmonization between Part 60 and Part

75 calibration requirements, which achieve the same level of quality assurance through slightly different

means. Ideally, a facility should be able calibrate all of its CEMS on the same frequency rather than

through idiosyncratic rule differences between Part 60 and Part 75. Many of the suggested changes to

7017 will provide clarity to calibration requirements, and will allow for reduced emissions associated

with synchronizing (CEMS RATAs) as a specific example: Subparts KKKK and GG do not contain CO limits

for combustion turbines but many permits contain limits due to BACT analysis or in an effort to limit

total tons of CO emitted. In these situations the permittees would prefer the state frequency

requirements over the appendix F requirements since the other monitors (i.e NOx CEMS) at the facility

will be following the Part 75 frequency requirements. New combustion turbines are subject to Subpart

KKKK which in 60.4345 with respect to NOx CEMS it states: “(a) Each NOX diluent CEMS must be

installed and certified according to Performance Specification 2 (PS 2) in appendix B to this part, except

the 7-day calibration drift is based on unit operating days, not calendar days. With state approval,

Procedure 1 in appendix F to this part is not required. Alternatively, a NOX diluent CEMS that is installed

and certified according to appendix A of part 75 of this chapter” {of 40 CFR} “is acceptable for use under

this subpart. The relative accuracy test audit (RATA) of the CEMS shall be performed on a lb/MMBtu

basis.”{emphasis added}. To that end, we suggest making the permit another vehicle for clarifying

compliance requirements rather than blanket references to Part 60 Appendices. This is especially

important for BACT sources or low emitters as discussed below:

Subpart 1. Applicability. The quality assurance and control requirements in this subpart apply to

each CEMS unless otherwise specified by another applicable standard or compliance document.

If multiple sets of CEMS standards apply to a single CEMS unit, all applicable requirements must

be met.

Additional COMMENT: The final statement added in Subpart 1, “If multiple sets of CEMS standards apply

to a single CEMS unit, all applicable requirements must be met.” seems to be counter-productive to the

harmonization of the part 60 and part 75 requirements. This could be misconstrued for units which have

both part 60 and part 75 requirements to mean that you would need to meet both regardless of

alternate performance standards afforded in the applicable standard (i.e some 40 CFR 60 Subparts allow

the utilization of 40 CFR 75 QA requirements to fulfull the part 60 requirements).

RULE: Subp. 3. Daily calibration drift assessment and adjustment. The facility owner or operator shall

conduct daily calibration drift assessments and make adjustments as needed according to the procedure

listed in items A and B and Code of Federal Regulations, title 40, section 60.13(d)(1) and Code of Federal

Regulations, title 40, part 75, appendix B, section 2.1, as applicable, 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.

COMMENT: Slight correction to the language. Suggested language below:

Subp. 3. Daily calibration drift assessment and adjustment. The facility owner or operator shall

conduct daily calibration drift assessments and make adjustments as needed according to the

procedure listed in items A and B and Code of Federal Regulations, title 40, section 60.13(d)(1)

or Code of Federal Regulations, title 40, part 75, appendix B, section 2.1, as applicable, 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.

RULE: Subp. 4. Semiannual Ccylinder 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. The initial CGA

must be completed within180 days following certification of the CEMS. Subsequent CGAs shall be

conducted on each concentration and diluent monitor on each CEMS no later than the end of every

other QA operating quarter regardless of whether they are consecutive calendar quarters according to

the procedures in Code of Federal Regulations, title 40, part 60, appendix F, section 5.1.2., except that a

CGA is not required based on the following exclusions of applicability:

A..during any calendar half year in which a RATA was performed on the CEMS; or

B. in the event the unit is not in operation at the CGA due date the owner or operator has a grace period

of 168 operating hours in which to perform a CGA on that monitor. If at the end of the 168 operating

hour grace period, the CGA has not been completed, data from the CEMS shall be invalid beginning with

the first unit operating hour following expiration of the grace period. The owner or operator must

submit notification of any exclusions of applicability to the commissioner as part of each quarterly

excess emission report when utilized. No exclusion or frequency set under this subpart precludes the

owners or operators obligation to comply with quality assurance provisions imposed under other

applicable requirements or compliance documents.

The frequency set forth in appendix F only applies if the unit is subject to Code of Federal Regulations,

title 40, part 60.

COMMENT: We suggest assessing the ‘initial CGA must be completed within 180 days following

certification of the CEMS.’ It could be overly burdensome for peaking units which operate based on

peak demand. Given that a peaking turbine operates only during peak demand, it may not operate more

than 168 hours in a year. The language utilized in 40 CFR 75 may provide the appropriate amount of

quality assurance for monitoring systems. Also, the citation “Code of Federal Regulations, title 40, part

60, appendix F, section 5.1.2.” states CGA’s are to be performed in three of four calendar quarters which

directly contradicts the MPCA’s revised language. Please consider the following language:

Subp. 4. Cylinder gas audit (CGA). CGAs shall be conducted on each concentration and diluent

monitor on each CEMS no later than the end of every QA operating quarter regardless of

whether they are consecutive calendar quarters, and not exceeding four calendar quarters,

except that a CGA is not required based on the following exclusions of applicability:

A. During any calendar quarter in which a RATA was performed on the CEMS; or

B. In the event the unit is not in operation at the CGA due date the owner or operator has a

grace period of 168 operating hours in which to perform a CGA on that monitor. If at the end of

the 168 operating hour grace period, the CGA has not been completed, data from the CEMS

shall be invalid beginning with the first unit operating hour following expiration of the grace

period. The owner or operator must submit notification of any exclusions of applicability to the

commissioner as part of each quarterly excess emission report when utilized. No exclusion or

frequency set under this subpart precludes the owners or operators obligation to comply with

quality assurance provisions imposed under other applicable requirements or compliance

documents

Additional COMMENT: To best ensure compliance with the BACT requirements for low emitters (e.g. CO

for new combustion turbines) the permits should reference the 7017 rules as to “Why to do it”.

Referencing 40 CFR 60 Appendix F as a blanket inclusion adds confusion to permitees as to the

frequency of tests under Part 75 and the newly drafted State language. If needed, we suggest

referencing specific sections of Appendix F to provide clarity on a particular methodology that must be

followed.

RULE: Subp. 5. Relative accuracy test audits (RATA). An initial relative accuracy test audit (RATA) shall be completed on each CEMS within 365 days following certification of the CEMS. Subsequent RATAs shall be conducted on each monitor range of a CEMS no later than the end of every fourth QA operating quarter, regardless of whether they are consecutive calendar quarters according to the applicable procedures in Code of Federal Regulations, title 40, part 60, appendix B and Code of Federal Regulations, title 40, part 75, appendix A, section 6.5 through 6.5.2.2 and appendix B, section 2.3.1.3 through 2.3.1.4 with the following exclusions of applicability: (1) a RATA is not required on a CEMS in a calendar year if a RATA conducted in the previous year demonstrated a relative accuracy value of less than 75 percent of the performance specification as set forth in the applicable performance standard of Code of Federal Regulations, title 40, part 60, Appendix B. (2) In the event the unit is not in operation at the RATA due date the owner or operator has a grace

period of 168 operating hours in which to perform a RATA on that monitor. If at the end of the 168

operating hour grace period, the RATA has not been completed, data from the CEMS shall be invalid

beginning with the first unit operating hour after the following expiration of the grace period. The owner

or operator must submit notification of any exclusions of applicability to the commissioner as part of

each quarterly excess emission report when utilized. No exclusion or frequency set under this subpart

precludes the owners or operators obligation to comply with quality assurance provisions imposed

under other applicable requirements or compliance documents.

COMMENT: We agree with the suggested language on RATA frequency that follows Part 75 methods

and could then be used for CO monitors, which do not have Part 60 requirements. In addition, we

suggest assessing ‘the first subsequent RATA within 365 days of the certification of the CEMs.’ It could

be overly burdensome for peaking units which operate based on peak demand. Given that a peaking

turbine operates only during peak demand, it may not operate more than 168 hours in a year. If the

requirement remains at 365 days, the combustion turbine would be forced to operate the unit when

there is not demand causing more emissions and higher costs than when it normally would have

operated. The state should consider the language from the USEPA 40 CFR Part 75 Appendix B 2.3.1 to

set the appropriate frequencies of 4 QA operating quarters or a maximum of 8 calendar quarters

between RATA’s. Units subject to the Acid Rain provisions under 40 CFR 75 Appendix B 2.3.1 already

have these frequencies set. In addition, we suggest including reference to Appendix B 2.3.1, which

includes all the Part 75 RATA Test requirements as well as “2.3.1.3 RATA Load (or Operating Levels) and

Additional Requirements”, and “2.3.1.4 Number of RATA Attempts”. To maintain consistency with the

federal rules, here is some suggested language:

Subp. 5. Relative accuracy test audits (RATA). An initial relative accuracy test audit (RATA) shall

be completed on each CEMS within 365 days following certification of the CEMS. Subsequent

RATAs shall be conducted on each monitor range of a CEMS no later than the end of every

fourth QA operating quarter, regardless of whether they are consecutive calendar quarters and

not exceeding eight calendar quarters. RATAs shall be conducted in accordingance with to the

applicable procedures in Code of Federal Regulations, title 40, part 60, appendix B and or Code

of Federal Regulations, title 40, part 75, appendix A, section 6.5 through 6.5.2.2 and appendix B,

section 2.3.1.3 through 2.3.1.4 as applicable, with the following exclusions of applicability:

COMMENT: To be consistent with the Federal requirements (40 CFR part 75 Appendix B 2.3.3 RATA

Grace Period), the grace period for RATAs should be changed from 168 to 720 consecutive unit

operating hours. In the event a facility is a base loaded facility, it would be very difficult to schedule a

test team in 168 operating hours (1 week) to perform the RATA. Upcoming regulatory testing

requirements (e.g. quarterly testing under the Utility MATs Rule) will make scheduling stack test vendors

even more difficult.

Suggested updates to 7017.1170 Subp. 5 (2):

(2) In the event the unit is not in operation at the RATA due date, the owner or operator has a

grace period of 168 720 operating hours in which to perform a RATA on that monitor. If at the

end of the 168 720 operating hour grace period, the RATA has not been completed, data from

the CEMS shall be invalid beginning with the first unit operating hour after the following

expiration of the grace period. The owner or operator must submit notification of any exclusions

of applicability to the commissioner as part of each quarterly excess emission report when

utilized. No exclusion or frequency set under this subpart precludes the owners or operators

obligation to comply with quality assurance provisions imposed under other applicable

requirements or compliance documents.

[email protected] Ms. Mary H. Lynn, Planner Principal Minnesota Pollution Control Agency Environment & Energy Section Resource Management & Assistance Re: Minnesota Power Comments on Draft Omnibus Air Rulemaking Dear Ms. Lynn, Minnesota Power (MP) respectfully submits these comments on the Preliminary draft Omnibus Air Rules dated August 26, 2014, as requested by the MPCA’s October 1, 2014 deadline for informal comments. In general, Minnesota Power is supportive of the MPCA’s attempts to eliminate expired or redundant rule content, streamline reporting and recordkeeping, and align state rules with federal requirements. However, in some cases where proposed changes appear to us as elective, lacking clear regulatory drivers, or especially concerning to permittees, we offer our comments in order to help shape this rulemaking. Commenting Instructions from MPCA

- Identify rule parts you are commenting on - Why rule does / does not work - Suggest alternatives / provide examples

7007.0500 CONTENT OF PERMIT APPLICATION Sub. 3. Application Certification. The MPCA is proposing to add a requirement for a responsible official (RO) to sign and certify “all notifications”. The MPCA believes this will better streamline the future incorporation of the notification content into a future permit. Currently applications, submittals, and notifications for a facility are aggregated over time and acted upon together by the MPCA at the next permit opening opportunity. With a few possible exceptions, explained further below, Minnesota Power generally objects to this rule change as unduly burdensome to permittees, unsupported by regulation, and unhelpful for accomplishing MPCA’s stated objectives. For companies that have multiple facilities, one or more co-permittees located offsite often in other states, obtaining signatures from all ROs can be an onerous effort. We are currently already required to obtain RO signatures on formal agency submittals (reports, permit/amendment applications, and certifications). Although MPCA is moving toward more electronic submittals, and has proposed rule changes elsewhere to support this, currently the MPCA’s certification form SCP-01 requires an original hardcopy signature. This has to be done by mail or in person for each RO for each permittee and co-permittee. It cannot be accomplished electronically or by fax. MP recently had an application rejected by the MPCA for (accidentally) providing a photocopy of an original signature for one co-permittee. As MPCA did not specify which “notifications” will require completion of forms and RO certification, MP offers the comment that in general a “notification” by its very nature is intended to address minor matters and should not be held to the same standard as a formal permit application, report, or compliance certification. A notification is simply not the same thing. Examples of our permit-required notifications regarding events or activities include commencing construction of a permitted project, starting up a unit following a project, or paving a road. We have also used the notification process as allowed by rule to

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replace listed control equipment, or replacing minor emissions sources such as with equivalent units. Historically these notifications have consisted of any required MPCA forms or information in a letter to the MPCA signed by a Minnesota Power employee who manages air compliance at that permitted facility. This process has worked for us and seemingly for the MPCA for many years. The MPCA stated during the September 10 meeting that the common practice is not to act on notifications immediately, but to keep them with the file for further action when the permit is opened. Years can pass before major air permits are opened. During that passage of time, rules and requirements invariably change, site equipment and emissions may change, and MPCA forms change. We do not see how the certification and use of forms for a notification will ever prevent this evolution. Information requested by the MPCA during a permit issuance process is always provided in a complete and timely fashion at the time it is requested. It is unlikely that all of the information needed will ever be guessed at during the original notification, regardless which forms are filled out and signed by whom. If MPCA insists on making this change to 7007.0500, MP requests the revised rule be edited to clearly delineate exactly which “notifications” or types of notifications will require completion of forms and certification by an RO. We also suggest the MPCA author an exemption from the RO certification and forms requirement for those notifications explicitly required by a permit for specifically listed ‘events or activities” such as commencing construction on a project, starting up a unit, or paving a road. In authoring a permit that requires specific notifications for events and activities, the MPCA has already determined the appropriate deadline and content requirement for those notifications, so there can be no room for error on what a permittee submits. Therefore we strongly believe those simple submittals required by a permit should remain as a letter to the agency signed by a regular company employee, not an RO. Lastly MP further suggests MPCA explore the opportunity for authorizing a RO delegation process, much like EPA’s Acid Rain Program “DR/ADR” Designated Representative / Alternate Designated Representative hierarchy to allow designated employees to sign on the behalf of the RO. This would accomplish the MPCA’s ultimate goal of quality assurance and certification while imposing fewer burdens on a permittee for tracking down high-ranking company officials for signatures on the relatively minor content inherent in a “notification” activity. 7007.0950 EPA REVIEW AND OBJECTION For a publically noticed draft air permit, the MPCA is proposing to remove from state rule the ability to hold the public comment period and the EPA comment period simultaneously. This would make the public comment period and EPA 45-day review sequential rather than concurrent. MPCA claims that current state rule is in conflict with Part 70 and plans to return the rule language back to what was originally approved in Minnesota’s Title V program. During the public meeting on September 10, Ms. Sarah Sevcik of the MPCA stated that Part 70 requires EPA review begin after public comment. Ms. Sevcik stated that “Minnesota has been conducting streamlined public participation and EPA review processes all along and that the MPCA would be continuing with that, relying on an agreement made with EPA early on in Minnesota’s Title V program”. Ms. Sevcik also stated the MPCA is “looking at that agreement and we are going to try to strengthen it a little bit and make sure we are really clear when we can use that more streamlined process to make our permitting more efficient. We are working with EPA to make sure we will be continuing with the streamlined process.” MPCA’s omnibus summary documents further states “MPCA and EPA are developing an agreement under which the MPCA will continue using a shortened EPA review period to maintain streamlined procedures for the public comment and EPA review periods. MPCA anticipates only minor changes [emphasis added] to the public comment and EPA review period procedures currently in place”. As timely issuance of air permits is of critical importance to permittees, Minnesota Power expects the MPCA

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will explain to permittees more details about the nature and extent of these expected “minor changes”. We would also like to know if this agreement between the MPCA and EPA is open for public participation, or if it is a closed process (this question was asked at the September 10 meeting and Ms. Sevcik was unsure of the correct answer). In general we observe that MPCA seemed to be saying on September 10 that the rule will be modified to satisfy EPA, but this MPCA/EPA guidance document will be the practical outline that continues to dictate specifics of the permit public noticing process, not the state rules themselves. This sounds as though the guidance document will be in direct conflict with state rule, which seems impractical to enforce. There was much interest about this at the meeting and MPCA should consider more discussion on the topic, and perhaps a memorandum to permittees. While Minnesota Power appreciates the MPCA’s verbal and written commitment to attempt to work with EPA to maintain the streamlined process, we have grave concerns with the formal proposed change to state rule. It appears directly oppositional to permitting efficiency goals recently set by the state legislature, a process the MPCA called “one of the biggest changes for the MPCA of the last few years” (Ms. Sevcik). As the MPCA is aware, air permitting in Minnesota is already an expensive and lengthy process. Despite the best efforts of the permittee and the regulators at the MPCA, it may take up to or longer than one year to get an air permit issued for a facility with anything other than minor emissions. This is true even if the intent of that permit is to allow a pollution prevention project which will yield substantial emissions reductions. Any further time pressure to this process, specifically during the critical permit issuance timeframe, means more potential to delay the start of construction and is a troubling prospect for industry. A truly sequential 75-day review period (30 days for public + 45 days for EPA) prior to permit issuance would be quite impractical from a construction and project management standpoint, especially in a short construction season and cold weather state like Minnesota. Complicating matters for this state, our combined operating and construction permit program in Minnesota only allows for certain construction activities to be authorized during the two-state permit issuance process. MP acknowledges the MPCA’s historical attempts to streamline the permitting process, and encourages the MPCA to follow through on their commitment to continue to work with EPA to maintain concurrent public and EPA review of draft permits, a process which benefits Minnesota industry, consumers, and ratepayers. It has neither resulted in hardship to commenters nor prevented the public or the EPA from active, and vigorous engagement throughout the permit review and issuance process. As mentioned by one commenter at the September 10 meeting, likely thousands of permits have been issued in the state under the existing process, with full accommodation for public and EPA comment. 7009.0020 PROHIBITED EMISSIONS The change to exclude “trespassers” from the description of “the general public” seems to introduce a challenge to practical compliance and possibly to air dispersion modeling. As a practical matter, trespassers have been historically excluded from the delineation of ambient air in the same manner as employees in that those members of the general public who voluntarily/maliciously breach posted property boundaries and/or physical barriers meant to exclude the general public become “like” employees of that facility and therefore no longer considered “general public”. As MPCA is stating in this rulemaking that federal regulations prohibit the inclusion of trespassers, MP has attempted to locate a relevant federal regulation to reference. The only example we were able to locate is:

40 CFR §50.1(e): Ambient Air means that portion of the atmosphere, external to buildings, to which the general public has access.

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MP interprets in the above definition that “trespassers” is inherently excluded from the meaning of “general public”. However we were unable to find a CFR definition of “general public”. If MPCA is referring to another federal rule which does indeed explicitly exclude “trespassers” from categories exempt from “general public”, MP requests that MPCA will provide in the final rulemaking process the correct federal CFR citation of reference for this rule change. 7011.0500 to 7011.2303 (Liquid Fuel Sulfur Content) The MPCA is proposing to lower the SO2 emissions limit for liquid fuels to 0.0015 lbs/mmbtu (15 ppm), while allowing the ability for a facility to retain the use of higher-sulfur fuel through a permit when that facility can demonstrate compliance with the NAAQS. Minnesota Power supports the MPCA retaining this flexibility in rule for facilities where appropriate.

Definition of distillate oil: One commenter at the September 10 meeting mentioned that MPCA is proposing to eliminate the definition of distillate oil, despite the fact that several of his facilities’ air permits use that term. Ms. Anne Jackson of the MPCA responded to the commenter that the elimination of the term was likely housekeeping because the term is not used in any of the standards. Minnesota Power seconds the concern of the commenter; the definition for “distillate oil” should not be eliminated from state rule, because that term is pervasive throughout all of our air permits as well. Terminology definitions in state rule exist to support not only the standards established in the state rules, but also ongoing operation, compliance, and enforcement at permitted facilities. The state rules serve as the “why to do it” lookup for a permit, and not all terms used in any given permit can be defined in that same permit. At such time when the term “distillate oil” is removed from all Minnesota air permits, its definition could then be removed from state rule.

Fuel Certifications of Sulfur Level: Several commenters at the September 10 meeting mentioned the difficulty obtaining certifications from distributers or trucking companies that deliver the fuel, despite the fact that the refinery of the fuel may be willing to certify they only produce fuel up to 15 ppm sulfur content, largely because those distributors cannot verify the purity of the storage system into which they are delivering the fuel. Minnesota Power seconds this concern and recommends the MPCA not limit the required certification of sulfur level to come from only the fuel supplier/distributer (though if you can obtain a certification from your supplier, that should remain an option). Perhaps a state-wide refinery certification would be sufficient documentation for fuels produced in Minnesota.

7017 MONITORING AND TESTING REQUIREMENTS General, Aligning State Rules with Federal Rules: In most cases MPCA is adopting Part 75 – like definitions for monitoring and testing terms like “particulate matter”, “quality assurance operating quarter”, and “stack operating hour”. While Minnesota Power supports this trend because the majority of our units are Part 75 units, we comment for the record that we do have a handful of non-Part 75 units as do many other facilities in the state. In some cases federal rule definitions may not be appropriate for all non-Part 75 units. Similarly, as a commenter mentioned at the September 10 meeting, some unit-specific BACT limits may not be subject to a Part 60 standard, yet may not have a relevant backup Part 75 standard either. Mr. Andy Place of the MPCA confirmed at the meeting that some situations will still have to be handled case-by-case and permit-by-permit. Minnesota Power appreciates this acknowledgement by the MPCA and suggests confirming this flexibility in rule if possible.

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7017: Definitions QA/QC Requirements: The draft rule establishes a 168-hour (one week) grace period to complete a required RATA if a unit is not operating when an audit is due. This is inconsistent with federal rule for the same task which allows 720 hours (one month). It is Minnesota Power’s opinion that one week is not enough time to get testers on the property to perform the RATA, and possibly not enough time to return the unit back to stable enough operating conditions. During the September 10 meeting a commenter reinforced this same opinion. Mr. Place replied that 168 hours was chosen so as to not seem “less stringent” or “more lax” than what is required for that standard, and to match the definition of the number of operating hours that comprise a quality assurance operating quarter. We observe that states are not required to impose regulations which are more stringent than federal; they are simply prohibited from imposing regulations that are less stringent. And as mentioned by Mr. Place, a cylinder gas audit (CGA), done by the facility itself, is less complicated and burdensome than a RATA which requires scheduling of offsite personnel. We therefore request that the 168 unit operating hours grace period be revised to a 720 unit operating hours grace period, consistent with the federal requirement. Conclusion Lastly, as the MPCA asked for our comments on both the meeting and the rule changes summary table, we wanted to be sure to provide that input here. Minnesota Power would like to express our gratitude to the MCPA for the public meeting and WebEx presentation held on September 10, 2014 as well as the overview publication materials provided. These interpretive materials and open meeting forum are extremely helpful to permittees, especially since the rules are long (over 50 pages) and complex. A minor suggestion for future efforts would be to include the applicable federal rule citation where the MPCA’s justification is that federal rule requires a state rule revision. This would save commenters time researching the MPCA’s assertions and may reduce a number of questions. Minnesota Power appreciates the opportunity to comment during this preliminary rulemaking step and looks forward to further review and comment when the formal Federal Register rulemaking publication occurs. If you have questions regarding our comments or require any further information please contact me at [email protected] or 218-355-3321. Sincerely, Melissa Melissa S. Weglarz Air Quality Manager, Environmental & Land Management Minnesota Power, An ALLETE Company Office: 218.355.3321 Cell: 218.343.0927