Revisor number: R-04807

The Minnesota Pollution Control Agency (MPCA) is planning new rules governing air quality. The main purpose is to adopt new rules to implement and govern regulation of facilities that emit air toxics as directed by Minnesota Session Law - 2023, Chapter 60, article 8, section 5 (H.F. No. 2310). This rulemaking is referred to as the Air Toxics Regulations rule.

The MPCA anticipates establishing this rule under Minnesota Rules ch. 7012 with possible amendments to chs. 7002, 7005, 7007, 7017, and 7019.

Procedural rulemaking documents

July 2023

• Request for comments (aq-rule4-12a)
• Comments received in response to Request for Comments (aq-rule4-12b)

Other information

• Agenda for Air Toxics Regulations Rulemaking informational meeting (aq-rule4-12c)

  12/13/2023
• Recorded informational meeting (Dec. 13, 2023)
• Recorded informational meeting (Feb. 13, 2024)
• Informal comments on Air Toxics Regulations Rule (aq-rule4-12d)

  first round
• Recorded informational meeting (Sept. 17, 2024)
• Informal comments on Air Toxics Regulations Rule (aq-rule4-12h)

  second round

Background

This rule will use definitions established under the session law, such as "air toxics" and "environmental justice areas," and address specific criteria for facilities that emit air toxics and are located in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.

Air toxics programs in other states have several common features such as emissions reporting, health thresholds that facilities must meet, health benchmarks in rule that are similar to air quality standards, modeling/monitoring requirements if air levels are above rule-based health benchmarks, and specific communication/engagement efforts. Most rely on air toxics evaluation during permitting, because it allows a facility and the state to tailor compliance requirements and ensure adequate emission reductions.

The MPCA is seeking comments on the planned content of the rule, and will not consider comments that go beyond the scope established by the session law. A Request for Comments is a first step to gather feedback from the public. As required by the session law, the rules must address, at a minimum:

1. The air toxics to be regulated.
2. The types of facilities to be regulated.
3. Performance testing required for facilities to measure emissions including the methods, procedures, protocols, and frequency.
4. Monitoring, reporting, and recordkeeping requirements for facilities related to air toxics emissions.
5. The frequency of facility inspections that provide information about air toxics emissions.

In developing the rules, the MPCA is required by the session law to establish testing, monitoring, reporting, record-keeping, and inspection requirements for facilities that reflect:

1. The different risks to human health and the environment posed by the specific air toxics and amounts emitted by a facility, such that facilities posing greater risks are required to provide more frequent evidence of permit compliance, including but not limited to performance tests, agency inspections, and reporting.
2. The facility's record of compliance with air toxics emission limits and other permit conditions.
3. Any exposure of residents of an environmental justice area to the facility's air toxics emissions.

Schedule

15396: GovDelivery: rulemaking air toxics regulations MNPCA_526

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