SF 1092

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2013 09:06am

A bill for an act
relating to environment; directing the Pollution Control Agency to modify a rule
on fugitive emissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin RULEMAKING; FUGITIVE EMISSIONS.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota
Rules, part 7005.0100, subpart 35a, to read:
new text end

new text begin ""Potential emissions" or "potential to emit" means the maximum capacity while
operating at the maximum hours of operation of an emissions unit, emission facility, or
stationary source to emit a pollutant under its physical and operational design. Any physical
or operational limitation on the capacity of the stationary source to emit a pollutant,
including air pollution control equipment and restriction on hours of operation or on the
type or amount of material combusted, stored, or processed, must be treated as part of its
design if the limitation or the effect it would have on emissions is federally enforceable.
new text end

new text begin Secondary emissions must not be counted in determining the potential to emit of
an emissions unit, emission facility, or stationary source. Fugitive emissions shall not be
counted when determining potential to emit, unless required under Minnesota Rules, part
7007.0200, subpart 2, item B, or applicable federal regulation."
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
new text end