Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
- Search Minnesota Rules
- About Minnesota Rules
- Agency List
- Table of Chapters
- Rules Index (topics)
- Minnesota Rule Status
- State Register
- Invalid Rules
Chapter 7005
Topics
Part 7005.0100
7005.0100 DEFINITIONS.
Subpart 1.
Scope.
As used in chapters 7007, 7008, 7009, 7011, 7017, 7019, 7025, 7027, and 7030 and parts 7023.0100 to 7023.0120, the terms in this part have the meanings given them except as expressly provided in a specific rule.
Subp. 1b.
Administrator.
"Administrator" means the administrator of the United States Environmental Protection Agency or the administrator's designee.
Subp. 2.
Agency.
"Agency" means the Minnesota Pollution Control Agency. The commissioner is the designee of the agency.
Subp. 2a.
Aggregate.
"Aggregate" means any combination of sand, gravel, and crushed stone or other material serving a similar purpose in its natural or processed state.
Subp. 2b.
Air quality control region or AQCR.
"Air quality control region" or "AQCR" means the territorial area encompassed by the boundaries of the jurisdictions within the state listed in items A to G, including the territorial area of all municipalities, as defined in section 302(f) of the Clean Air Act, United States Code, title 42, section 7602(f), geographically located within the outermost boundaries of the area.
A.
AQCR 127 includes the counties of Benton, Chisago, Isanti, Kanabec, Mille Lacs, Pine, Sherburne, Stearns, and Wright.
B.
AQCR 128 includes the counties of Blue Earth, Brown, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Le Sueur, Martin, Mower, Nicollet, Olmsted, Rice, Sibley, Steele, Wabasha, Waseca, Watonwan, and Winona.
C.
AQCR 129 includes the counties of Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, and St. Louis.
E.
AQCR 131 includes the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
F.
AQCR 132 includes the counties of Becker, Beltrami, Cass, Clearwater, Crow Wing, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Morrison, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stevens, Todd, Traverse, Wadena, and Wilkin.
G.
AQCR 133 includes the counties of Big Stone, Chippewa, Cottonwood, Jackson, Kandiyohi, Lac qui Parle, Lincoln, Lyon, McLeod, Meeker, Murray, Nobles, Pipestone, Redwood, Renville, Rock, Swift, and Yellow Medicine.
Subp. 3.
Alternative method.
"Alternative method" means a method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but that has been demonstrated to the commissioner's satisfaction to, in specific cases, produce results adequate for its determination of compliance.
Subp. 3a.
Begin actual construction.
"Begin actual construction" means initiation of permanent, physical, on-site construction, reconstruction, or modification activities on an emissions unit. Activities include installing building supports and foundations, laying underground pipework, and constructing permanent storage structures. Activities do not include site clearing and grading or entering into binding agreements or contractual obligations. Regarding a change in method of operating, this term refers to those on-site activities, other than preparatory activities, that mark the initiation of the change. Owners or operators that undertake these activities before obtaining any required permits do so at their own risk; a permit may not be issued or may not contain the terms the applicant desires.
Subp. 3b.
Breakdown.
"Breakdown" means a sudden and unavoidable failure of air pollution control equipment or process equipment to operate as designed.
Subp. 3d.
Coal-derived fuel.
"Coal-derived fuel" means any fuel, whether in a solid, liquid, or gaseous state, produced by the mechanical, thermal, or chemical processing of coal.
Subp. 3e.
Coal-fired.
"Coal-fired" means any emission unit or stationary source that uses any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel.
Subp. 4c.
Cementitious material.
"Cementitious material" means a powdered substance that consists of any combination of the following:
B.
fly ash generated from coal burning that meets the requirements outlined in ASTM C 618-96, as found in the Annual Book of American Society for Testing and Materials Standards (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, volume 4.02 (1996). This document is incorporated by reference and is subject to frequent change. It is available through the Minitex interlibrary loan system;
D.
any other similar fine substance that, when mixed with water, forms a cohesive, adhesive material that will harden into a rigid substance.
Subp. 4d.
Concrete.
"Concrete" means a material that consists of a coarse and fine aggregate bound by a paste of cementitious material and water, with admixtures added to achieve various properties and that sets into a hard and rigid substance.
Subp. 4e.
Concrete manufacturing plant.
"Concrete manufacturing plant" means a facility that manufactures concrete, both hardened and unhardened, for sale.
Subp. 4f.
Conditionally exempt stationary source.
"Conditionally exempt stationary source" means a stationary source listed in parts 7008.2100 to 7008.2600 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7, and is not part of another stationary source.
Subp. 4g.
Conditionally insignificant activity.
"Conditionally insignificant activity" means any emissions unit, emissions units, or activity listed in parts 7008.4100 to 7008.4110 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7.
Subp. 5.
Construction.
"Construction" means fabricating, erecting, or installing an emission facility, emissions unit, or stationary source. Construction also includes excavating, blasting, removing rock and soil, and backfilling unless the commissioner determines that these activities are of minimal cost, do not significantly alter the site, and are not permanent in nature. Construction does not include site clearing or grading.
Subp. 6.
Continuous monitoring system.
"Continuous monitoring system" means the total equipment used to continuously sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.
Subp. 7a.
Control efficiency.
"Control efficiency" has the meaning given in part 7011.0060, subpart 3a.
Subp. 8.
Control equipment.
"Control equipment" means an "air contaminant treatment facility" or a "treatment facility" as defined in Minnesota Statutes, section 116.06, subdivision 3.
Subp. 8a.
Criteria pollutant.
"Criteria pollutant" means any of the following: sulfur dioxide, particulate matter, nitrogen oxides, carbon monoxide, ozone, lead, and any other pollutants for which national ambient air quality standards have been established in Code of Federal Regulations, title 40, part 50, as amended, or for which state ambient air quality standards have been established in parts 7009.0010 to 7009.0080.
Subp. 9b.
Efficiency factor.
"Efficiency factor" means:
B.
notwithstanding item A, where no control efficiency is listed for a control equipment type in part 7011.0070, subpart 1a, table A, or where the commissioner has determined that a more representative control efficiency is available under this item, efficiency factor means a control efficiency developed or approved by the commissioner and derived from the following sources:
(1)
EPA publications including, but not limited to, Locating and Estimating documents, Control Technology Center documents, the preamble and background information documents for New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants, and Compilation of Air Emissions Factors (AP-42), United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711 (January 1995 and as subsequently amended). AP-42 is incorporated by reference, is available at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors, and is subject to frequent change;
C.
The commissioner shall develop or approve an efficiency factor under item B using best engineering judgment and based on one or more of the following considerations:
(2)
the similarity between the control equipment and emission units tested and the control equipment and emission units to which the efficiency factor is to be applied;
(5)
the control equipment and emission unit operating conditions under which the tests were conducted; and
Subp. 10.
Emission facility.
"Emission facility" means any structure, work, equipment, machinery, device, apparatus, or other means whereby an emission is caused to occur.
Subp. 10a.
Emission factor.
"Emission factor" means the most accurate and representative emission data available from one of the following sources:
A.
The emission factor listed in the Compilation of Air Emissions Factors (AP-42), United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711 (January 1995 and as subsequently amended). The document is incorporated by reference, is available at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors, and is subject to frequent change. Where more than one emission factor is listed in AP-42, "emission factor" means the one approved by the commissioner using best engineering judgment and based on one or more of the considerations in item C, subitem (2).
B.
The emission factor listed in Factor Information Retrieval (FIRE) Data System, Version 6.25, United States Environmental Protection Agency, Office of Air Quality Planning and Standards, as amended. The data system is incorporated by reference, is available at https://cfpub.epa.gov/webfire, and is subject to frequent change. Where more than one emission factor is listed, emission factor means the one approved by the commissioner using best engineering judgment and based on one or more of the considerations in item C, subitem (2).
C.
(1)
An emission factor developed or approved by the commissioner and derived from the following sources:
(a)
other EPA publications including, but not limited to, Locating and Estimating documents, Control Technology Center documents, the preamble and background information documents for New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants;
(d)
performance test data from the same or a similar emission unit at the same or a similar facility;
(f)
emission data developed by the regulated party using the best engineering judgment criteria listed in subitem (2); or
(2)
The commissioner shall develop or approve an emission factor using best engineering judgment and based on one or more of the following considerations:
(b)
the design and operational similarity between the emission units tested and the emission units to which the emission factor is to be applied;
Subp. 10b.
Emissions unit.
"Emissions unit" means each activity that emits or has the potential to emit any air contaminant or pollutant. This includes each piece of equipment, machinery, device, apparatus, activity, or any other means whereby an emission is caused to occur or has the potential to occur.
Subp. 10e.
Environmental Protection Agency or EPA.
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.
Subp. 11.
Equivalent method.
"Equivalent method" means a method of sampling and analyzing for an air pollutant when the method has been demonstrated to the commissioner's satisfaction to have, under specified conditions, a consistent and quantitatively known relationship to the reference methods in Code of Federal Regulations, title 40, part 60, appendix A, as amended; part 61, appendix B, as amended; and part 51, appendix M, as amended.
Subp. 11a.
Existing facility.
"Existing facility" means an emission facility at which construction, modification, or reconstruction began before the effective date of the applicable state air pollution control rule.
Subp. 11b.
Federally enforceable.
"Federally enforceable" means enforceable by the administrator of the United States Environmental Protection Agency. Federally enforceable limitations, conditions, and requirements include requirements in or developed according to Code of Federal Regulations, title 40, parts 60, 61, and 63, requirements within any applicable state implementation plan, and any permit requirements established according to Code of Federal Regulations, title 40, section 51.166 or 52.21, or Code of Federal Regulations, title 40, part 51, subpart I.
Subp. 11e.
Filterable particulate matter.
"Filterable particulate matter" means material collected up to and on the filter media of the sample train during a performance test for particulate matter.
Subp. 12b.
Fugitive emissions.
"Fugitive emissions" means pollutant discharges that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.
Subp. 13a.
Gasoline service station.
"Gasoline service station" means any stationary source that dispenses gasoline to vehicles. Bulk plants, petroleum distribution terminals, and refineries are not gasoline service stations.
Subp. 14a.
Greenhouse gases or GHGs.
"Greenhouse gases" or "GHGs" means the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
Subp. 16a.
Inorganic condensable particulate matter.
"Inorganic condensable particulate matter " means inorganic material collected and measured by the sample train during a performance test for particulate matter.
Subp. 23a.
Mercury.
"Mercury" means all inorganic and organic compounds of mercury, including elemental mercury, expressed as elemental mercury.
Subp. 23b.
Mercury emission source.
"Mercury emission source" means a stationary source with actual mercury emissions of three pounds per year or more, after controls. For purposes of this subpart, "mercury emissions" do not include fugitive emissions of mercury.
Subp. 24.
Minneapolis-Saint Paul Air Quality Control Region.
"Minneapolis-Saint Paul Air Quality Control Region" means the area encompassed by the boundaries of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. See Code of Federal Regulations, title 40, part 81.27.
Subp. 25.
Monitoring device.
"Monitoring device" means the total equipment used to measure and record (if applicable) process or control equipment parameters.
Subp. 25a.
National emission standard for hazardous air pollutants.
"National emission standard for hazardous air pollutants" means a standard adopted by the administrator of the United States Environmental Protection Agency under the Clean Air Act, United States Code, title 42, section 7412, as amended, including standards still in effect according to the savings clause that was enacted by the 1990 Clean Air Act amendments and codified at United States Code, title 42, section 7412(q).
Subp. 25b.
New facility.
"New facility" means an emission facility on which construction, modification, or reconstruction began after the effective date of the applicable new source performance standard or the applicable state air pollution control rule.
Subp. 26.
New source performance standard.
"New source performance standard" means a standard of performance adopted by the administrator of the United States Environmental Protection Agency under the Clean Air Act, United States Code, title 42, section 7411, as amended.
Subp. 29.
Opacity.
"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Subp. 29a.
Organic condensable particulate matter.
"Organic condensable particulate matter" means organic material collected and measured by the sample train during a performance test for particulate matter.
Subp. 30.
Owner or operator.
"Owner" or "operator" means a person who owns, leases, operates, controls, or supervises, to any degree, an emissions unit, emission facility, or stationary source.
Subp. 30a.
PM-2.5.
"PM-2.5" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicable reference method, or an equivalent or alternative method.
Subp. 30b.
PM-10.
"PM-10" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicable reference method, or an equivalent or alternative method.
Subp. 31.
Particulate matter.
"Particulate matter" means material, except water, that exists at standard conditions in a finely divided form as a liquid or solid as measured by an applicable reference method, or an equivalent or alternative method.
Subp. 31a.
Performance specification.
"Performance specification" means the specifications for continuous monitoring systems in Code of Federal Regulations, title 40, part 60, appendix B, as amended.
Subp. 35.
Person.
"Person" has the meaning given in Minnesota Statutes, section 116.06, subdivision 17.
Subp. 35a.
Potential emissions, potential to emit.
"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.
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 part 7007.0200, subpart 2, item B, or applicable federal regulation.
Subp. 35b.
Reconstruction.
"Reconstruction" means replacement of depreciable components of an existing emissions unit to which a New Source Performance Standard or state air pollution control rule is applicable, to the extent that the fixed capital cost of the depreciable components exceeds 50 percent of the fixed capital cost of depreciable components that would be required to construct a comparable entirely new emissions unit.
Subp. 35c.
Reference method; method.
"Reference method" or "method" means the procedures for performance tests in Code of Federal Regulations, title 40, part 60, appendix A, as amended; part 61, appendix B, as amended; and part 51, appendix M, as amended.
Subp. 36a.
Secondary emissions.
"Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions include emissions from any off-site support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel in transit.
In calculating the net increase in emissions from a particular physical change or change in the method of operation, secondary emissions must not be included unless they are specific, well defined, quantifiable, and impact the same general area as the stationary source or modification that causes the secondary emissions.
Subp. 37.
Shutdown.
"Shutdown" means the cessation of operation of an emissions unit, emission facility, stationary source, or control equipment for any purpose.
Subp. 39.
Smoke.
"Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively of carbon and other combustible material, or ash, that form a visible plume in the air.
Subp. 41.
Standard conditions.
"Standard conditions" means a temperature of 20 degrees Celsius (68 degrees Fahrenheit) and a pressure of 760 mm of Hg (29.92 in. of Hg).
Subp. 42.
Standard of performance.
"Standard of performance" means a restriction on the amount of air pollutants that may be emitted by an emission facility.
Subp. 42a.
Start-up.
"Start-up" means the setting into operation of an emissions unit, emission facility, stationary source, or control equipment for any purpose.
Subp. 42c.
Stationary source.
"Stationary source" means an assemblage of all emissions units and emission facilities that belong to the same industrial grouping, are located at one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Emissions units or emission facilities must be considered as part of the same industrial grouping if they belong to the same major group as described in the Standard Industrial Classification Manual, incorporated by reference under part 7045.0065.
Subp. 45.
Volatile organic compound or VOC.
"Volatile organic compound" or "VOC" means any organic compound that 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;
III.
any other compound listed in the United States Environmental Protection Agency's Complete List of VOC Exemption rules, as amended. The list is incorporated by reference, is available at www.epa.gov/ground-level-ozone-pollution/complete-list-voc-exemption-rules, and is subject to frequent change; or
JJJ.
any other compound determined by the United States Environmental Protection Agency to be negligibly photochemically reactive, upon publication of the determination in the Federal Register.
History:
8 SR 2275; L 1987 c 186 s 15; 13 SR 2153; 13 SR 2154; 17 SR 440; 18 SR 580; 18 SR 1059; 18 SR 1412; 20 SR 2316; 20 SR 2254(NO. 42); 21 SR 165; 22 SR 1237; 23 SR 2224; 27 SR 1579; 28 SR 1482; 32 SR 904; 37 SR 991; 39 SR 386; 39 SR 394; 41 SR 763; 43 SR 797; 44 SR 1030; 46 SR 1209
Published Electronically:
May 16, 2022
Official Publication of the State of Minnesota
Revisor of Statutes