Omnibus Air Rules Finalized



On December 27, 2016, updates to various sections of the Minnesota Air Rules (Minn. R.), collectively referred to as the Omnibus Air Rules, went into effect.  The adopted rules are available online here.  Overall, the adopted Omnibus Air Rules included many updates to clarify language and correct typographical errors throughout the rules.  However, a summary of the more significant changes that have been adopted into the rules is listed below:

  • Several definitions were updated or added in Minn. R. 7005.0100 and Minn. R. 7007.0100, such as "filterable particulate matter," "inorganic condensable particulate matter," "organic condensable particulate matter," "alternative operating scenario," and "approved replicable methodology."
  • The definition of volatile organic compound (Minn. R. 7005.0100, Subp. 45) was updated to exclude additional compounds.
  • Responsible official certifications were clarified, and are now required for certain notices pursuant to Minn. R. 7007.0500 Subpart 3.  These include:
    • Notices associated with emissions trading;
    • Registration permit holders that make changes or modifications that trigger new source performance standards, become ineligible for their registration permit, or relocate their facility;
    • Written notification for certain changes that do not require a permit amendment;
    • Insignificant modifications at a facility that, when combined with all other insignificant modifications made at a facility during the course of the permit term, exceed four times the insignificant modification thresholds; and
    • Changes that contravene permit terms.
  • In order to align with the federal Part 70 rules, the 45 day EPA review of Part 70 permit applications or amendment applications can no longer occur simultaneously with the 30 day public notice period.
  • Language pertaining to electronic application submittals has been updated.
  • The insignificant activities rule Minn. R. 7007.1300 has been updated as follows:
    • Emission calculations for insignificant activities under Subpart 2 can be requested by the MPCA (and if requested, must be provided).  Previously, calculations were only required upon request for insignificant activities claimed under Subparts 3 and 4 of this section.
    • Clarification that insignificant activities under Subpart 4 must be included in an initial Part 70 application, rather than any Part 70 permit amendment or reissuance application.
  • Various updates were made to the conditionally insignificant rules under Minn. R. 7008.4000 to 7008.4110.  However, the MPCA is currently undergoing further review of these conditionally insignificant rules, and additional updates are expected.  More information on this rulemaking can be found here.
  • Updates to the Minnesota Ambient Air Quality Standards (MAAQS) were incorporated into Minn. 7009.0080, such as:
    • Decreasing the MAAQS for 8-hour ozone to match the federal standard of 70 parts per billion (ppb);
    • Increasing the MAAQS for 1-hour carbon monoxide to match the federal standard of 35 ppm;
    • Decreasing the MAAQS for 1-hour sulfur dioxide to match the federal standard of 75 ppb;
    • Increasing the MAAQS for annual nitrogen dioxide to match the federal standard of 53 ppb;
    • Adding a MAAQS for 1-hour nitrogen dioxide in order to match the federal standard of 100 ppb;
    • Decreasing the MAAQS for lead to match the federal standard of 0.15 micrograms per cubic meter (µg/m3);
    • Removing the MAAQS for annual particulate matter with an aerodynamic diameter of less than or equal to 10 microns (PM10), as there is no longer a federal standard for this averaging period;
    • Decreasing the MAAQS for 24-hour particulate matter with an aerodynamic diameter of less than or equal to 2.5 microns (PM2.5) in order to match the federal standard of 35 µg/m3; and
    • Decreasing the primary MAAQS and adding a secondary MAAQS for annual PM2.5 in order to match the federal standards of 12.0 µg/m3 and 15.0 µg/m3, respectively.
  • A section incorporating by reference the National Ambient Air Quality Standards (NAAQS) was also added into the rules in Minn. R. 7009.0090.
  • Several New Source Performance Standards (NSPS) subparts were incorporated by reference – NSPS Ga, Ja, BBa, VVa, GGGa, and KKKK.
  • National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart CCCCCC was incorporated by reference.
  • Several additions and deletions of activities were made to the Noise Area Classifications under 7030.0050, Subpart 2 in order to improve clarity and delete duplicative language.

As noted above, this summary of changes is not exhaustive of the edits made to the Omnibus Air Rules.  For more information on the updates to the Omnibus Air Rules, or how these changes may affect your facility, please contact Shelley Koehn by email, or by phone at (651) 275-9900 X-8.  In addition, more information on the finalized rules will be presented in upcoming Trinity Consultants Luncheons, taking place on April 25 in Duluth and April 26 in St. Paul.  Register for one of these complimentary luncheons here.