Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
7005.0100 DEFINITIONS.
Subpart 1.
Scope.
As used in the state air pollution control rules, the following terms have the meanings given them except as expressly provided in a specific rule.
Subp. 1a.
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. 2.
Agency.
"Agency" means the Minnesota Pollution Control Agency as constituted under Minnesota Statutes, section 116.02, subdivision 1.
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. 3.
Alternative method.
"Alternative method" means a method of sampling and analyzing for an air pollutant which is not a Reference or Equivalent method but which 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, in general, initiation of physical, on-site construction, reconstruction, or modification activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. Such activities do not include site clearing and grading or entering into binding agreements or contractual obligations. With respect to a change in method of operating, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. Owners or operators that undertake these activities prior to 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. 4.
Breakdown.
"Breakdown" means a sudden and unavoidable failure of air pollution control equipment or process equipment to operate as designed.
Subp. 4c.
Cementitious material.
"Cementitious material" means a powdered substance which 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 consisting of a coarse and fine aggregate bound by a paste of cementitious material and water, with admixtures added to achieve various properties, which then 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 7008.2250 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 part 7008.4100 that complies with chapter 7008 and all applicable requirements as defined in part 7007.0100, subpart 7.
Subp. 5.
Construction.
"Construction" means fabrication, erection, or installation of an emission facility, emissions unit, or stationary source. Construction also includes excavation, blasting, removing rock and soil, and/or backfilling unless the administrator deems these activities to be 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. 8.
Control equipment.
"Control equipment" means an "air contaminant treatment facility" or a "treatment facility" as those terms are 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. 9a.
Division manager.
"Division manager" means the division manager of the Air Quality Division of the Minnesota Pollution Control Agency.
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 Pollutant Emission Factors (AP-42), United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, July 1993, which is incorporated by reference and is available through the State Law Library. This publication 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 Pollutant Emission Factors (AP-42), fifth edition, United States Environmental Protection Agency, Technical Support Division, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, January 1995, as amended, which is incorporated by reference and is available at the EPA Internet site www.epa.gov/ttn/chief/ap42/index.html. It is not 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, Technical Support Division, Office of Air Quality Planning and Standards, as amended, which is incorporated by reference and is available at the EPA Internet site www.epa.gov/ttnchie1/software/fire/index.html. 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). It is subject to frequent change.
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. 11.
Equivalent method.
"Equivalent method" means a method of sampling and analyzing for an air pollutant which 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 was commenced before the effective date of the applicable New Source Performance Standard or 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 pursuant to Code of Federal Regulations, title 40, parts 60 and 61, 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. 11c.
Fugitive emissions.
"Fugitive emissions" means pollutant discharges that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.
Subp. 11d.
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. 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 (1982).
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 promulgated 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 pursuant 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 was commenced 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 promulgated 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. 30.
Owner or operator.
"Owner" or "operator" means a person who owns, leases, operates, controls, or supervises 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, which 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 (1982).
Subp. 35.
Person.
"Person" means person as defined 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 offsite support facility which 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 which 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. 42b.
State air pollution control rules.
"State air pollution control rules" means chapters 7005, 7007, 7009, 7011, 7017, 7019, 7025, 7027, and 7030, and parts 7023.0100 to 7023.0120.
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" (that is, which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (United States Government Printing Office Stock Numbers 4101 to 0066 and 003-005-00176-0, respectively).
Subp. 45.
Volatile organic compound (VOC).
"Volatile organic compound (VOC)" means any organic compound which 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;
TT.
any other compound listed in table 1, as amended, of the United States Environmental Protection Agency's Recommended Policy on Control of Volatile Organic Compounds, Federal Register, volume 42, page 35314, July 8, 1977; or
UU.
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 394
Published Electronically:
September 23, 2014
Official Publication of the State of Minnesota
Revisor of Statutes