On January 14, 2019, the updates to the Exempt Source/Conditionally Insignificant Activities Rules became effective. These rules were previously discussed in our February and April 2018 eNews articles, as well as our January 2019 eNews article. Now that the rules are in effect, sources operating in Minnesota will have to comply with the new rules by the specific deadlines laid out by the MPCA.

Facilities that are new and are using the conditionally exempt rules instead of obtaining an air permit, must submit a notification to the MPCA within 120 days of beginning operations.

For facilities that have been operating without a permit, but now qualify as a conditionally exempt facility, they must submit notification to the MPCA and comply with the new standards set forth by these rule changes by May 14, 2019.

Permitted facilities must also apply for a permit amendment by May 14, 2019 if the rule change affected what insignificant or conditionally insignificant activities must be listed in their permit.

Examples of changes to insignificant, or conditionally insignificant, activities that might require an amendment would be:

  • Permit holders are now required to list torch-cutting operations as an insignificant activity.
  • For any facility which had conditionally insignificant PM and PM10 emitting operations, confirm whether they are still exempt under the new Mechanical Finishing Operations rules of 7008.4110
  • For any facility with Material Usage based conditionally insignificant activities, confirm you can comply with the updated recordkeeping, monitoring, or emissions limit guidelines of conditionally insignificant rules for Material Usage (coating and solvent cleaning operations), or apply for an amendment to incorporate the process as a significant unit.

Finally, if a facility is currently operating with an issued air permit, they have no deadline or requirements from these rule changes. These permitted facilities do have the option to operate as a conditionally exempt facility if they would qualify though. If a facility would like to operate as a conditionally exempt source, they would first need to void their current air permit. After voiding their permit, notification of compliance with the requirements must be sent to MPCA.

Notification forms and additional information specific to the new conditionally exempt sources were made available on the MPCA's Conditionally Exempt Facilities page and the Insignificant Facility page.

For more information on how these new rules may affect your facility, or for more information on if your facility will need to submit a permit amendment application, or notification prior to May 14, 2019, please contact Rydell Klosterman at (651) 275-9900 ext. 9 or rklosterman@trinityconsultants.com.